Santa Cruz City Council
June 10, 2025

Design Phase Scope of Services

1. Task 1 – Project Management
MME will perform project management and administration tasks required to provide supervision of the work and coordination with the City. Project Management will continue until project completion and contract closeout. Project Management tasks will include:

1.1.Prepare agenda and attend a project kick-off meeting with the City to review the scope of work, the initial tasks to be performed, the project schedule, the critical task items, areas of concern, and participate in a general exchange of views and ideas regarding the execution of the project. MME shall prepare and distribute all meeting notices, agendas, and meeting minutes in consultation with the City Project Manager and other staff as requested. MME will visit the site and document existing opportunities and constraints.

1.2.We will prepare a project schedule clearly identifying each task, sub-task, and deliverables within each task, when each activity will begin, how long it will continue, and identify critical tasks, milestones, and deliverables.

1.3.We will prepare a monthly progress report on performance including status of costs, schedule update and status of all deliverables. The report shall be updated monthly and submitted long with monthly progress invoices from Consultant. We will submit amendments to the agreement for changes in scope prior to performing the work for written approval.

1.4.The project design and permitting duration is preliminarily estimated as 28 months, based on the 14- month estimated timeline for IS/MND and Regulatory Permitting and 10 month timeline for ROW Clearances. We will anticipate attending 28 monthly Coordination/Status meetings to review the project with the City and stakeholders. The Construction phase will add time to this schedule.

Services to support the project over a longer duration are considered Additional Services.

1.5.We will prepare a quality control plan memo and perform internal quality control reviews of all deliverables and critical work products developed by the Consultant prior to delivery to the City.

1.6.MME will administer and supervise the work of all sub-Consultants contracted to perform the work including project management communications and updates during the project, check ins and coordination as the project develops and changes over 28 months.

Dudek will attend a kickoff meeting with the City of Santa Cruz (City) and MME to initiate discussion of the environmental tasks for the project. During this meeting, we will review the project components and the overall project schedule. We will prepare and distribute an agenda for the meeting and provide brief meeting notes with identified action items. Up to four additional meetings with the project team, if needed, are included in the budget, will be held at key milestones via calls, and may include City staff, California Department of Transportation (Caltrans) staff, and/or California Coastal Commission (CCC) staff, and the Dudek project manager. The Dudek technical team attendance at calls is covered under Tasks 2B and 2C, and Task 5. As part of this task, Dudek will conduct a site visit with City staff to view and assess conditions in the project area. Any project data needs will be identified and coordinated with City and MME staff and are assumed to be provided by the City or MME to support the various tasks. This task includes overall management efforts related to budget and schedule oversight, invoicing, and coordination with the team to ensure on-time deliverables.

1.7.MME will supervise, coordinate, and monitor product development for conformance with Caltrans, FHWA, and City applicable standards and policies.

1.8.We will maintain AutoCAD and PDF files of the project plans and submit them to the City Project Manager at the conclusion of the Preliminary Engineering and Construction Phase

1.9.Travel to and from the site.

19.17 Proposal for the City of Santa Cruz
800 West Cliff Drive Road Realignment Design
RFP No. PW-O176; MME Project No: 24142
May 16, 2025

2. Task 2A: Site Investigation and Evaluation
Our Survey subconsultant will provide the survey basemap. MME will provide scope and approach review, quality control review of products and deliverables, updates regarding changes, and incorporation of information into the MME digital basemap standards for the plans and specifications. We request the City trim vegetation back to behind the back of curb. We request the City mark all City utilities, prior to our survey. MME will request PG&E maps of the area (no PG&E utilities anticipated). We request original drawings for the roadway, storm drains, water main, parking area, trail, and state park signage.

1. RECORD BOUNDARY / RIGHT-OF-WAY SURVEY
Search, obtain, and review record deeds and maps relative to the subject property lines, as per vesting deed and/or as shown on recorded subdivision map(s). Perform a field search and survey to locate sufficient existing survey monuments to locate and resolve the record boundary relative to found monuments and develop a CAD file with survey data including record property lines and their dimensioned courses, found monuments, etc. (Note: a title report of right-of-way documents will need to be provided by the City of Santa Cruz. Private access to City or County documents is restricted.) No new corner stakes, monumentation, or Record of Survey, is included with this item.

2. UNDERGROUND UTILITY LOCATION / MAPPING
Coordinate with private underground utility locator to locate and mark underground utility for the parking lot tie-in area. Upon completion, field locate marked utilities. Coordinate with City of Santa Cruz and public utilities to obtain and overlay roadway utility maps based on above ground utilities and utility maps.

3. ORTHOPHOTO
Concurrent with items 1 and 2 above, the site will be flown with a UAV, an orthophoto/mosaic based on provided control will be prepared and incorporated into the site topography. The orthophoto will be overlayed in the topographic drawing for reference purposes. We will also include a surface from the UAV

4. TOPOGRAPHIC SURVEY & MAPPING
We will perform a topographic survey of the subject site. The survey shall include existing building, visible/surface evidence of utilities, fences, drainage features, major trees (over 6” dia.), driveway, and other significant improvements. Underground utilities not visible on surface will not be located. Contour interval shall be 1 foot. Vertical datum shall be on NAVD88 Datum based on benchmarks ties. We will prepare a map at a scale of 1”=10', or suitable scale, showing the topographic survey. Deliverables to include PDF & AutoCAD DWG.

5. LEGAL DESCRIPTIONS
We will prepare legal descriptions and plats for right-of-way takes and temporary construction easements for West Cliff Drive realignment. Need location, and linework will be based on analysis by the engineer.

Deliverables:
• Full survey map to include but not limited to the following • Existing curblines, curb ramps, pathway
• Utility locations based on private underground utility location field markings and City utility maps.

Note that positive location information including depth based on pothole excavation and survey is not included.
• Pavement markings
• Elevation points
• Detailed topography of existing surface where the new road realignment will be • Field review, verification, and location of existing utilities, storm drain infrastructure, parking infrastructure, signs, restricted curbs, and trees.
• Right-of-way parcel lines will be shown based on record boundary and right of way survey as appropriate for right of way acquisition
• Orthophoto will be shown based on UAV flight.

19.18 Proposal for the City of Santa Cruz
800 West Cliff Drive Road Realignment Design
RFP No. PW-O176; MME Project No: 24142
May 16, 2025

Task 2B: Environmental Documentation and Biological Assessment for NEPA Dudeck will provide project compliance with the National Environmental Policy Act (NEPA). Caltrans Environmental Stewardship Branch (ESB) has reviewed the City’s Preliminary Environmental Study (PES) and has requested various studies and memos.

Based on review of the City’s Request for Proposals (RFP), including the Caltrans Preliminary Environmental Study (PES), Dudek will prepare the technical studies described in this section in accordance with Caltrans Local Assistance procedures. These technical studies are anticipated to support the National Environmental Protection Act (NEPA) Categorical Exclusion under Section 23 USC 326, Activity 4 (routine repair of facilities due to storm damage, including permanent repair to return the facility to operational condition that meets currents standards of design and public health and safety without expanding capacity). Caltrans will prepare the Water Quality and Hazardous Materials Memorandum, and the City will prepare the Traffic Technical Memorandum, identified in the PES. It is anticipated that the technical reports will also be sufficient to support California Environmental Quality Act (CEQA) compliance, provided for in Task 5A.

After the City approves the 30% design concept and the project design is considered stable, Dudek will prepare a project description (see Task 5A.1) and the technical studies listed under this task. Two full City/Caltrans review cycles and one confirmation review cycle of final documents are included in the scope of work for each study, and consolidated comments from both agencies will be provided to Dudek for review, response to comments, and document revisions. Any comments pertaining to the draft documents will be provided within the documents using track changes and the comment bubble functions in Microsoft Word. Potential conflicts in the comments from the City and Caltrans will be resolved prior to revisions by Dudek. If desired, Dudek can set up a SharePoint site to allow for simultaneous City and Caltrans review.

Task 2B.1 Noise Memorandum
Dudek will conduct a noise study of potential impacts to existing noise-sensitive land uses in the project area employing the methodology contained in Caltrans Standard Environmental Reference (SER) Chapter 12 (Noise). Apartment residences are located within approximately 100 feet of the west end of the proposed re-alignment while single-family residences are located along the north side of Pelton Avenue, approximately 750 feet north of the entire portion of the roadway to be re-aligned. These land uses could be impacted by noise from project construction as well as by increased traffic noise from shifting the roadway closer.

The existing ambient noise environment will be characterized with a total of up to three short-term (i.e., less than one hour in duration) sound pressure level measurements at noise-sensitive receiver locations adjacent to the project site. The noise survey will be conducted using a sound level meter classified as Type I or Type II by the American National Standards Institute (ANSI) and in accordance with ANSI protocol for community noise measurements. At least one of these measurements will be conducted adjacent to West Cliff Drive, and the field investigator will conduct manual counts of the vehicles passing the measurement point for the duration of the measurement. The traffic counts and recorded sound levels will be used to calibrate the Federal Highway Administration (FHWA) Transportation Noise Model (TNM

2.5).

Potential construction noise impacts on nearby noise-sensitive land uses will be evaluated based on construction equipment data to be provided by the City or from similar projects and noise modeling methods developed by FHWA. Predicted construction noise exposure levels at nearby residences will be compared to Federal Transit Administration (FTA) recommended limits (daytime) or Caltrans standards (nighttime). Potential impacts from groundborne vibration during demolition/construction will be evaluated using methodology and guidance from Caltrans.

Based upon a review of the proposed project’s design and objectives, travel lanes for motor vehicle would be shifted northward between approximately 55 and 68 feet from their current position. This shift would decrease the separation distance between vehicles traveling this roadway segment and the closest

19.19 Proposal for the City of Santa Cruz
800 West Cliff Drive Road Realignment Design
RFP No. PW-O176; MME Project No: 24142
May 16, 2025

residences to the west and north. Dudek will model existing traffic noise exposure levels at vicinity residences using the existing alignment of West Cliff Drive and traffic count data provided by the City.

Dudek will subsequently model traffic noise exposure levels from the re-aligned segment of West Cliff Drive. Any increases in traffic noise exposure level will be compared to an appropriate significance threshold (e.g., Caltrans SER Chapter 12 standards). Resulting traffic noise exposure levels will also be compared to exterior noise exposure limits for residential land uses (e.g., those of the City of Santa Cruz and/or Caltrans).

The significance of noise impacts will be assessed based on the relevant City, state, and federal noise standards. If significant noise impacts are identified, Dudek noise specialists will recommend mitigation measures to reduce impacts to less than significant (where feasible). The project description, analysis methodology, existing noise measurements, regulatory background, results of the noise analysis, findings of potential effects, and mitigation measures (if needed) will be summarized in a technical noise memorandum, with ambient noise measurement data and noise modeling documentation in an appendix.

Task 2B.2 Natural Environmental Study–Minimal Impact
Dudek will visit the project site to identify existing biological resources and prepare a Natural Environmental Study for Minimal Impacts (NES-MI) report using the most current template on the Caltrans SER website. The Caltrans NES-MI format is intended for projects with relatively low impacts and amount of mitigation prescribed to reduce the potential effect of project-related impacts. Dudek understands that the project site is within a highly developed area that has a high level of human activity; therefore, the NES-MI format will be succinct and concise in identifying the existing conditions within the biological study area.

Database Review. Dudek will query relevant databases to identify special-status species known to occur in the project vicinity. Specifically, Dudek biologists will search the California Department of Fish and Wildlife (CDFW) California Natural Diversity Database, U.S. Fish and Wildlife Service Information for Planning and Consultation online planning tool, and California Native Plant Society Online Inventory of Rare and Endangered Plants of California. Dudek will also review relevant biological reports that may be available from other projects or studies in the vicinity or general area of the project.

Field Reconnaissance. A Dudek biologist will conduct a field reconnaissance of the site to identify and document existing biological resources. The reconnaissance will focus on documenting existing vegetation and habitat conditions and evaluating habitat suitability for special-status plant and wildlife species. Dudek biologists will record observations using digital technology (e.g., smartphone GPS and photos) and/or on paper (e.g., field notebook, hard copy maps), as appropriate.

NES-MI. Based on our understanding of the project, the City’s RFP, and the Caltrans PES, we assume that a NES-MI will be the appropriate biological resources technical document to appropriately describe the environmental setting and analyze potential impacts. Thus, in accordance with Volume 3 of the Caltrans January 2000 SER guidelines, the results of the biological resource survey will be presented in a NES-MI (current version dated June 2020). A NES-MI is often prepared for projects having a minimal effect on the environment and typically describes the existing biological resources present on-site and how the proposed project may affect those resources. The NES-MI will include the following information:
a detailed project description and history, including a project purpose and need statement; a discussion of the survey methodology and adequacy, including personnel and survey dates; a description of the environmental setting, including the vegetation communities and sensitive biological resources present on-site; a discussion of proposed impacts, including an assessment of the significance of impacts; a discussion of avoidance and minimization measures; and a summary of the project’s consistency with applicable conservation policies. Proposed mitigation requirements for potential impacts to sensitive resources, including waters of the United States and special-status species, will be briefly discussed in terms of City, state, and federal laws and guidelines. Dudek will prepare graphics to illustrate the location of the site, the existing biological conditions, and the proposed project impacts.

Wetland Delineation. A Dudek aquatic resources specialist will conduct a formal delineation of federal and state waters within the project site, if such waters are not avoided by the project. The delineation will

19.20 Proposal for the City of Santa Cruz
800 West Cliff Drive Road Realignment Design
RFP No. PW-O176; MME Project No: 24142
May 16, 2025

be conducted in accordance with the following agencies and regulations: USACE, pursuant to Section 404 of the federal Clean Water Act; RWQCB, pursuant to Section 401 of the federal Clean Water Act and the Porter-Cologne Act; and CDFW, pursuant to Section 1602 of the California Fish and Game Code. The purpose of this task is to collect field data that will be incorporated into the NES-MI (this Task 2B.2) and USACE and RWQCB applications described under Optional Task 5B (Permitting). This scope assumes that it is determined that CDFW does not have jurisdiction over resources on the project site.

Jurisdictional waters of the United States, including wetlands, will be delineated according to the USACE 1987 Wetlands Delineation Manual (TR Y-81-1) and current published USACE guidance at the time of the delineation. Non-wetland waters will be mapped at the ordinary high water mark based on the procedures defined in the USACE 2008 A Field Guide to Ordinary High Water Mark in the Arid West Region of the Western United States.

Waters of the state will be mapped in accordance with the State Wetland Definition and Procedures for Discharges of Dredged or Fill Material to Waters of the State (Procedures) adopted on April 2, 2019, and revised on April 6, 2021. Areas under the jurisdiction of the RWQCB generally coincide with waters of the United States; however, isolated waters may be under the jurisdiction of RWQCB as waters of the state provided by the state Porter-Cologne Act.

Dudek will examine vegetation, hydrology, and soils at each aquatic feature potentially under federal/state jurisdiction. If needed, wetland sampling points will be conducted to determine the extent of the jurisdictional areas. Where the extent of these jurisdictional areas is questionable or unclear, additional data stations will be completed. The 2020 USACE National Wetland Plant List will be used, as recently directed by USACE, to determine the indicator status of plant species. Drift lines and drainage patterns will be noted, where present. Dudek will use Munsell soil color charts to determine soil chroma and value.

Soil pits to depths that range from 10 to 16 inches. Excavated soils will be examined for evidence of hydric conditions, including low chroma values and mottling, vertical streaking, and high organic matter content in the upper horizon.

Once Dudek has completed the data collection at various sampling stations, we will delineate the boundaries of the jurisdictional features in the field using a field mapping application (i.e., ArcGIS FieldMaps). All delineated features will be depicted on figures that meet reporting requirements for the respective agency (e.g., USACE Map and Drawing Standards for the South Pacific Division Reporting Program).

Aquatic Resources Delineation Report. In April 2016, the San Francisco District of USACE issued an Information Requested for Verification of Corps Jurisdiction (USACE 2016a) and Updated Map and Drawing Standards for the South Pacific Division Regulatory Program (USACE 2016b), which outlines specific items USACE requires when reviewing a delineation. To support the regulatory agencies (USACE and RWQCB) in concurring with the jurisdictional determination for the project, Dudek will prepare an Aquatic Resources Delineation Report. Dudek will submit the report along with the Request for Corps Jurisdictional Determination and Preliminary Jurisdictional Determination Form to USACE and RWQCB. This scope includes some time to follow up with the agencies on their review.

Task 2B.3 Section 4(f) De Minimis Memorandum
According to Section 4(f) of the U.S. Department of Transportation Act, a federal project, including a project that receives federal funding, may not be approved if the project includes the use of land from publicly owned parks, recreational areas, wildlife and waterfowl refuges, or public and private historical sites unless there are no existing feasible and prudent alternatives to the use of the land and the proposed action includes all possible planning to minimize harm to the Section 4(f) properties, or Caltrans makes a finding that the project has a de minimis impact on the Section 4(f) property. A de minimis impact is one that will not adversely affect the activities, features, or attributes of the Section 4(f) property. A de minimis impact determination does not require analysis of feasible and prudent avoidance alternatives.

The southwestern corner of Lighthouse Field State Beach Park is immediately adjacent to the portion of West Cliff Drive that will be subject to the proposed realignment. Under NEPA review, this state park qualifies as a publicly owned park and is protected under Section 4(f), and a portion of the park

19.21 Proposal for the City of Santa Cruz
800 West Cliff Drive Road Realignment Design
RFP No. PW-O176; MME Project No: 24142
May 16, 2025

immediately adjacent to the existing roadway would become permanently incorporated into the proposed realignment project if California Department of Parks and Recreation (State Parks) agrees and provides written concurrence for the acquisition of the proposed roadway right-of-way to proceed. It is expected that this portion of the park will not be characterized as providing any key functions of the park, and no wildlife and waterfowl refuges or public and private historical sites (as described in Task 2C) would be impacted.

This portion of the park contains two ad hoc trails that run perpendicular to the existing West Cliff Drive roadway alignment where park users currently and informally cross the road to access the existing pathway along West Cliff Drive. The proposed realignment of the road would move the road slightly inland and would shorten these trails; however, this current access point would continue to provide informal passage across West Cliff Drive post-construction. Based on the current project understanding, no other park facilities would be impacted by the proposed project. Given the limited permanent use of the realigned roadway within the Lighthouse Field State Beach Park and the fact that the informal use of existing ad hoc trails in this portion of the park would continue post-construction, the project is anticipated to qualify for a de minimis impact determination. As previously described, State Parks will be consulted as part of this analysis, and their agreement and written concurrence on the de minimis determination will be required.

Dudek will work with the City, Caltrans, and State Parks to develop a complete description of the realignment of West Cliff Drive into this small portion of Lighthouse Field State Beach Park and will proactively consult with State Parks to facilitate their participation and concurrence. Dudek will analyze the temporary and permanent effects of the proposed project and prepare a technical memorandum that documents such effects. As previously indicated, it is anticipated that the proposed project would qualify for a de minimis impact determination, and Dudek will work with the City, Caltrans, and State Parks to confirm this approach to the analysis. While the Caltrans PES indicates that a de minimis finding should be pursued at this stage, it is possible that the project may require a higher level of analysis as information unfolds. If an analysis of existing feasible and prudent alternatives to avoid the Section 4(f) properties is required, Dudek assumes that the City and MME will lead the effort to develop the alternatives to be considered. However, it should be noted that the Caltrans PES indicates that alternatives to the project have been considered, but the most reasonable and feasible alternative is to shift the roadway and path further inland and outside the 100-year erosion forecast for this portion of the coastline in Santa Cruz. If a de minimis finding cannot be made and more detailed analysis is required, such analysis can be provided with a scope and budget augmentation.

Task 2B.4 Visual Technical Memorandum
Technical Memorandum. Dudek has initially assessed the probable visual impacts of the proposed project on the environment, including likely tree removal to accommodate realigned West Cliff Drive.

Using this initial assessment and with the aid of Caltrans’ Questionnaire to Determine Visual Impact Assessment Level, the proposed project is not anticipated to result in adverse visual impacts, and preparation of a Visual Impact Assessment Technical Memorandum is assumed to be sufficient for the proposed project. While a relatively short segment of the roadway’s horizontal alignment is changing to buffer the road (and road users) from a vulnerable portion of the coastline, and the new road alignment would likely require the removal of 1 to 2 existing cypress trees, the assumed changes are unlikely to result in a substantial or significant change to the surrounding environment. Therefore, a technical memorandum that summarizes the existing visual conditions, the proposed project changes, and the resulting determinations will be prepared consistent with the Caltrans Scenic Resource Evaluation and Visual Impact Assessment guidance. Existing visual conditions will be supported with site photographs, and the description of proposed project changes will be illustrated with proposed project exhibits, including the design plans prepared by the MME.

Visual Simulation. Dudek will prepare one 3D visual simulation of the project from a selected viewpoint.

This exact photo location will be determined during a field visit. An optional cost is included in the budget if additional simulations are needed from other viewpoints. All photographs for visual simulations will be taken during a single site visit conducted by Dudek.

19.22 Proposal for the City of Santa Cruz
800 West Cliff Drive Road Realignment Design
RFP No. PW-O176; MME Project No: 24142
May 16, 2025

The visual simulations will include existing site photographs as background images and true scale 3D models for the project rendered onto the existing photograph. 3D modeling includes grading, paving, curbs, gutters, sidewalks, striping, and vehicles. The 3D simulations will also include tree removal, if necessary.

Task 2B Assumptions
 The NEPA document is a Categorical Exclusion, and an Environmental Assessment is not required.
 Additional technical studies are not required by Caltrans.  Technical studies will not be initiated until 30% design plans are available and the project design is considered stable. If project plans change after the technical studies are initiated, a scope and budget augmentation may be required to address the project changes.
 Substantial revisions to draft reports, such as those related to project changes, are not included in the scope of work.
 AutoCAD drawings will be submitted to Dudek for the proposed project. These drawings will include the site plan, existing topography, proposed grading plan, and striping plan.

The contours in the existing topographic and grading plan must be at their appropriate z value. If the engineering drawings were created using Civil 3d, tin surfaces will be included in the AutoCAD drawings for the existing and proposed surfaces. If detailed AutoCAD design drawings are not available, Dudek may be unable to complete the presented scope of work for visual simulation and would need to coordinate with the client to determine alternative work products to be prepared in lieu of the visual simulation. In the event that the previously described scenario occurs, a separate scope of work and cost estimate would need to be prepared.
 MME will provdie updated project design plans/construction drawings to Dudek in geographic information system (GIS) format, either in CAD or an an ESRI shapefile, for incorporation into the figure set for the NES-MI.

Task 2B Deliverables
 Two drafts and one final version of the following reports via electronic submittal:
- Noise memorandum
- NES-MI, including an Aquatic Resources Delineation Report and GIS shapefiles of final, agency-approved delineated aquatic resources
- Section 4(f) de minimis
- Visual technical memorandum
Task 2C: Section 106 Documentation for NEPA Clearance
Dudeck will provide the Cultural Resources consultant to prepare documents for compliance with Section 106 of the National Historic Preservation Act of 1966 (as amended) (NHPA) and Caltrans Programmatic Agreement (PA) with the Federal Highway Administration, California State Historic Preservation Officer (SHPO), and the Advisory Council on Historic Preservation.

Dudek understands that this project will require permits and authorizations from Caltrans and that the project is considered a federal undertaking regulated under Section 106 of the National Historic Preservation Act (NHPA). Dudek understands that Caltrans will require the preparation of an Archeological Survey Report (ASR) and a Historic Property Survey Report (HPSR). The following tasks provide the typical fieldwork and reporting efforts required to complete a Caltrans-compliant cultural resources investigation to ensure that the project complies with Section 106 and CEQA requirements for the treatment of cultural (archaeological and built environment) resources. The scope of work for cultural resources includes the following required tasks:

19.23 Proposal for the City of Santa Cruz
800 West Cliff Drive Road Realignment Design
RFP No. PW-O176; MME Project No: 24142
May 16, 2025

Task 2C.1 Area of Potential Effects Map
Under this task, Dudek cultural staff will consult with Caltrans, MME, and the City to discuss the delineation of the Area of Potential Effects (APE) and project tasks related to cultural resources located in the APE. Dudek assumes that the consultation meetings will be attended by Caltrans Professionally Qualified Staff (PQS) with specialist orientations in archeology and architectural history. This task covers the Dudek cultural staff participation (two archaeologists and two architectural historians) in two conference call meetings.

Following the initial consultation with Caltrans and other project design staff, Dudek cultural staff will prepare a draft APE map for cultural resources. The APE will encompass all geographic areas in which the project has the potential to directly or indirectly affect the character or use of historic properties (36 CFR § 800.16[d]). The APE will include all properties within the project corridor right-of-way (ROW), as well as any parcel immediately adjacent to the ROW where historic properties may be directly or indirectly affected by the project. The APE will include all known ancillary project features, such as staging areas, utility relocations, and access/haul roads, as well as parcel lines, and will consist of a series of 11-inch × 17-inch color aerial maps at a scale of 1 inch = 200 feet.

The APE map may be modified depending on alterations to the project, consultation with Caltrans, and the findings of the field survey. All changes will be reflected in the final APE map that will be included in the technical documents as an appendix. This scope of work assumes that Dudek will produce no more than three versions of the APE map; two drafts, and a final draft.

Based on a preliminary review of the project site, Dudek assumes that there are no historical properties under Section 106 of the NHPA and no historic sites under Section 4(f) of the U.S. Department of Transportation Act that would be affected by the project, and that no funding was used to improve the lands under Section 6(f) of the Land and Water Conservation Act. We also assume that there are no properties that would require consideration under the National Register of Historic Places Criteria Consideration G, which applies to properties of exceptional importance that have achieved significance within the last 50 years. If, in the process of preparing the APE for this project, it is determined that additional properties may be impacted directly or indirectly by the project or that additional consultation and coordination with state and/or federal agencies is required, Dudek will prepare a revised scope and cost.

Task 2C.2 Records Search
Dudek will request a California Historical Resources Information Systems records search of the project site and a 0.25-mile radius from the Northwest Information Center (NWIC), which houses cultural resource records for Santa Cruz County. It is assumed that the direct cost for this search will not exceed $1,200.00. The purpose of the records search is to identify any previously recorded cultural resources that may be located within the project area and to establish the level of sensitivity for cultural resources the area holds. In addition to a review of previously prepared site records and reports, the records search will also review historical maps of the project area; ethnographies; the National Register of Historic Places; the California Register of Historical Resources; the Built Environment Resources Directory; and the lists of California State Historical Landmarks, California Points of Historical Interest, and Archaeological Determinations of Eligibility.

Task 2C.3 Native American Consultation
Dudek will contact the California Native American Heritage Commission (NAHC) for a review of its Sacred Lands File. The NAHC will determine whether any NAHC-listed Native American sacred lands are located within or adjacent to the project site. In addition, the NAHC will provide a list of Native American representatives who should be contacted for additional information. If requested by the lead federal agency to meet Section 106 requirements, Dudek will prepare and email a letter to each of the NAHClisted contacts to ask if they know of any Native American cultural resources within or immediately adjacent to the APE. Dudek assumes that no meetings or conference calls with Native American groups will be required under this task. No tribal outreach will occur without prior direction from the lead federal

19.24 Proposal for the City of Santa Cruz
800 West Cliff Drive Road Realignment Design
RFP No. PW-O176; MME Project No: 24142
May 16, 2025

agency, in this case, Caltrans (Section 106) or the City of Santa Cruz (Assembly Bill [AB] 52). Dudek also assumes that City staff will complete AB 52 notification and consultation, if required.

Task 2C.4 Historic Group Consultation.

Dudek will coordinate with local historical societies, advocacy groups/interested parties who may have information on the resources located within the project area and their history. This coordination will include limited outreach via emails and phone calls concerning the property and its historical associations. No follow-up phone calls or in-person meetings are included in this task.

Task 2C.5 Archaeological Field Survey
Upon completion of an APE map and background research, Dudek will survey the APE for archaeological resources. The survey will be conducted by a qualified cultural resources specialist. The archaeological survey will consist of an intensive-level pedestrian survey (15-meter transects or less) of all portions of project APE (excluding portions of the direct APE that fall within the street), utilizing transects only where it makes sense to do so. The cultural resources specialist will work under the direct supervision of the principal archaeologist who meet Caltrans PQS standards. Identified resources will be mapped using an iPad with the ESRI Field Maps application.

Dudek assumes that the survey will be negative for archaeological resources (i.e., no newly discovered archaeological resources will be encountered, and no previously recorded archaeological resources will require updates). No artifacts, samples, or specimens will be collected during the survey. Should any resources that require recordation be encountered during the survey, we will work with the City to augment the scope of work and associated costs, as appropriate.

Task 2C.6 Archaeological Survey Report
This scope of work assumes completion of an archaeological survey report (ASR). Dudek will prepare an ASR that meets Caltrans expectations of style and content to demonstrate that a reasonable level of effort has been made to identify archaeological properties within the project APE. Dudek assumes that no previously recorded archaeological resources that require updates will be identified as a result of the records search, nor will any new archaeological resources be identified as a result of the intensive-level survey or Native American coordination. Should any resources be identified requiring recordation or should current project plans change resulting in additional survey areas, Dudek will work with the City to augment this scope of work and costs as appropriate. A Dudek archaeologist who meets Caltrans PQS standards for an archaeological principal investigator will prepare the ASR. Should Caltrans require preparation of an Extended Phase I (XPI), Finding of Effect (FOE) document, the development or implementation of mitigation, and/or other additional documentation, Dudek will work with the City to prepare a scope and cost for this additional work as appropriate.

The ASR will summarize the results of the records searches, Native American coordination, background research, survey, and any recommendations. The report will discuss the project, regulatory framework, all sources consulted, research and field methodology, setting, and findings. Dudek also assumes that Caltrans will handle all State Historic Preservation Officer (SHPO) consultation and assistance from Dudek is not required with this consultation process. This review process assumes that Caltrans will be the only federal reviewer, given the use of federal funds for the project. Dudek will prepare no more than four versions of the ASR (three drafts and one final version), and all versions will be submitted electronically as Microsoft Word and PDF files.

Task 2C.7 Historic Property Survey Report
Based on existing proposed project information provided and preliminary research, Dudek will prepare a Historic Property Survey Report (HPSR). The HPSR will be prepared according to the guidelines and recommended procedures outlined in Caltrans’ Guidance for Consultants in accordance with Section 106 of the NHPA. In addition, the cultural resource staff will follow methods outlined in the Caltrans Programmatic Agreement (PA) (first amended effective January 2014) and any reasonable additional

19.25 Proposal for the City of Santa Cruz
800 West Cliff Drive Road Realignment Design
RFP No. PW-O176; MME Project No: 24142
May 16, 2025

methods requested by Caltrans at the time the project is initiated. These technical documents and forms will be bound together along with any attached required documentation. Dudek will prepare no more than four versions of the HPSR (three drafts and one final version), and all versions will be submitted electronically as Microsoft Word and PDF files.

Task 2C Assumptions
 Consultation meetings will be attended by Caltrans PQS with specialist orientations in archeology and architectural history.
 No historic properties under Section 106 of the NHPA and no historic sites under Section 4(f) of the U.S. Department of Transportation Act are located within the project site.  No funding was used to improve the lands under Section 6(f) of the Land and Water Conservation Act.
 No built environment resources in or adjacent to the project site would require consideration under National Register of Historic Places Criteria Consideration G.  No Historic Resources Evaluation Report will be required for this undertaking.  Dudek assumes that the City will provide all the required project details in a GIS or CAD format, along with parcel data.
 The format outlined for the ASR and HPSR will be sufficient for submittal for local agency review.
 All comments on the ASR and the HPSR from Caltrans and SHPO will be editorial in nature and will not require additional field survey or research.  Caltrans will handle all SHPO consultation, and assistance from Dudek is not required with this consultation process.
 Caltrans will be the only federal reviewer.

Task 2C Deliverables
 No more than three versions of the APE map; two drafts and one final version  No more than four versions of the following (three drafts and one final version):
- Archaeological Survey Report
- Historic Property Survey Report

19.26 Proposal for the City of Santa Cruz
800 West Cliff Drive Road Realignment Design
RFP No. PW-O176; MME Project No: 24142
May 16, 2025

3. Task 3 Preliminary Analysis and Concept Design – 10% Concept Level Task 3A 10% Concept Design
Based on the information obtained in previous tasks and provided by the City, preliminary development/concept plans for road layout, path layout, and railings to be removed will be developed and submitted to the city for review at 10% Concept Design level A preliminary traffic control plan addressing traffic impacts and detours during the construction of this project shall be drafted during this phase. Our Traffic Engineer subconsultant will consider and develop one or more possible traffic flow alternatives for City review.

After this preliminary phase, we will work with Dudeck to list all permits necessary for the construction of this project and all agencies that need to be contacted. Permits anticipated to be obtained include but are not limited to the Coastal Development Permit from the Coastal Commission (under a separate project), and the Section 404 Permit (Clean Water Act) from Army Corps. Agencies to be contacted include but are not limited to the agencies listed previously to obtain permits from and California State Parks.

Dudek will work with MME and the City during the design process to assess the feasibility of avoiding federal and state waters, that would benefit the project budget and construction schedule.

Plans will be submitted electronically (PDF) to City staff in 22x34 format on City Title Block.

Deliverables:
• 10% Engineering/Concept Plan

1. 10% Site Plan – 1” = 50’
a. Roadway Centerline, curb and gutter
b. Connections to parking lot
c. Multi-use path
d. Fenceline
e. 100-year bluff top
f. Contours
g. Property Lines
h. Aerial ortho photo
i. Water utilities
j. Storm drain line replacement and inlet addition on system 18” RCP/CMP N2-DI205 – N2-DO210, identified in City GIS to allow for road realignment and outfall repair • Preliminary Traffic Control Plan (TLE)
• List of permits to be obtained and agencies to be contacted • Utility Relocation Impacts Memo per template provided • Present Concept Plan at up to four (4) public hearings, such as Transportation and Public Works Commission or City Council

19.27 Proposal for the City of Santa Cruz
800 West Cliff Drive Road Realignment Design
RFP No. PW-O176; MME Project No: 24142
May 16, 2025

Task 3B Geotechnical Investigation

SCOPE OF WORK
Pacific Crest Engineering, PCE, scope of work will be limited to the following:

1. Project coordination, contract administration, site reconnaissance and review of available maps, and geologic and geotechnical information pertaining to the study area.

2. We will mark proposed test boring locations in white paint and notify subscribing utility companies via Underground Service Alert (USA) a minimum of 72-hours (as required by law) prior to performing exploratory borings at the site. We will also retain the services of a private utility locator to scan our proposed boring locations.

3. We will prepare and submit an encroachment permit application to State Parks, along with an associated traffic control plan and encroachment permit application to the City of Santa Cruz.

4. Exploration, sampling, and classification of surface and subsurface soils by drilling 3 to 4 borings within accessible locations along the proposed alignment. We anticipate the depth of the test borings to be 5 to 10 feet but may vary depending on the conditions encountered. Soil samples will be obtained at selected depths within the test borings. The test borings will be backfilled with grout upon completion of drilling.

Borings drilled within the West Cliff Drive roadway will be patched with 4 inches of HMA at the road surface.

5. Traffic control will be provided during our drilling activities within West Cliff Drive.

6. Laboratory testing of selected soil samples to determine their relevant engineering properties, including unit weight, gradation, and other relevant laboratory tests. This will also include two R-value samples of the subgrade soils for structural pavement design purposes.

7. We will create a preliminary geologic site map and cross section(s) depicting our interpretation of the final bluff configuration in 50 and 100 years. We will plot our geological information upon the base map and base cross section(s) that is currently being prepared by MME.

8. Compilation and engineering analysis of collected field and laboratory data.

9. Design phase post-report plan review and consultation services (maximum 8 hours assumed).

10. Preparation of a written report presenting our findings and conclusions and providing geotechnical criteria for: existing and proposed structural pavement sections, proposed structural section(s) calculations, and grading recommendations. The new structural sections will be developed based on Traffic Index values provided by your firm. This report will also include boring logs indicating the soil profile encountered and a site plan showing the test boring locations. The report will be prepared and signed by a California Registered Geotechnical Engineer.

SCOPING ASSUMPTIONS
Our scope of work and fee assumes the Client understands the following issues:
a. The Client will provide access to the boring locations for our drill rig and other equipment. b. We also assume we will be provided with updated site plans showing proposed improvement locations. c. Our scope of work and fee assumes the Client will provide a base topographic map and site plan, with a scale of 1-inch equals 20 feet or larger, prior to initiation of our work.

19.28 Proposal for the City of Santa Cruz
800 West Cliff Drive Road Realignment Design
RFP No. PW-O176; MME Project No: 24142
May 16, 2025

d. We will contact USA and notify both you and them of our proposed drilling locations, however Pacific Crest Engineering Inc. will not assume responsibility for any damage to underground utilities that are not properly located by the property owner and or utility provider prior to drilling.

EXCLUDED SERVICES
PCE’s scope of work and fee does not include the following:
i. It is possible that the initial findings of our investigation will identify potential hazards that can only be evaluated through additional subsurface exploration. We have developed a scope of work that we anticipate will be adequate, but unexpected conditions could be encountered. If additional subsurface exploration is required based on preliminary findings, we will meet with you to obtain authorization prior to continuing. We will prepare a separate proposal and cost estimate at the time any additional work is planned.
ii. Topographic survey (by GV Survey).
iii. An environmental assessment or investigation for the presence of hazardous or toxic materials in the soil, groundwater or air; on, below or proximal to the site. This scope of work and budget also assumes that contaminated soil and/or groundwater will not be encountered. If any unusual vapors, odors or visual contamination are noticed during drilling of any test boring, the boring will be stopped, backfilled with grout and the suspected drill cuttings will be bagged, labeled for future source reference and provided to the Client for their disposal.
iv. Flooding, hydrologic or quantitative storm water runoff analyses. v. Quantitative slope stability or liquefaction analyses. vi. Infiltration testing for storm water facilities.
vii. Construction observation and testing services are specifically excluded from this proposal. We are available to provide those services of course, however the fees for these services cannot be realistically estimated this early in the project and are therefore typically billed on a “time and materials” fee basis in accordance with our fee schedule in effect at the time services are rendered. We can provide a cost proposal for these post-report services once project design and construction plans are underway.

19.29 Proposal for the City of Santa Cruz
800 West Cliff Drive Road Realignment Design
RFP No. PW-O176; MME Project No: 24142
May 16, 2025

4. Task 4 30% Plans
Based on the information obtained in previous tasks and from comments from the City, preliminary development/concept plans for road layout, path layout, and structures to be removed will be developed and submitted to the city for review at 30% Plan level. Plans will be submitted electronically (PDF) to City staff sized 22x34 format. A comment review/resolution meeting will be held following receipt of City comments. This work may be completed before the Environmental Documentation and Biological Assessment for NEPA, depending on schedule sequence to be determined following kick-off.

Due to the sensitivity of the storm drain outfall at the bluff, we have developed this concept. The storm drain pipe outlet will be set down low to rest on and discharge onto the grey mudstone shelf (+/- 20 feet deep half way down the cliff face) and backfilled. This helps protect the tan sandy marine deposits from outfall erosion, and coastal erosion would not change. A simple plain end concrete pipe, without a big headwall, can function/adapt as the cliff retreats. If space is available in the adjacent field, an upstream grass lined bioswale may provide some pre-treatment, or an upgraded drainage inlet with a sump or separator could be provided.

Deliverables:
• 30% Engineering/Concept Plans

1. Cover Sheet

2. Typical Cross Sections of Existing and Proposed Roadway and Path a. Lane widths
b. Cross Slopes
c. Structural Sections road and path
d. Shoulder conforms
e. Curbs Gutters

3. 30% Site Plan – 1” = 50’
k. Roadway Centerline, curb and gutter
l. Connections to parking lot
m. Multi-use path
n. Fenceline
o. 100-year bluff top
p. Contours
q. Property Lines
r. Aerial ortho photo
s. Proposed property line adjustment with buffer for grading and drainage features

4. Utility Plan – 1” = 50
a. Water main and hydrant plan (by City Water). Only water and storm drain is anticipated on site.

5. Drainage Plan – 1” = 50’
a. Storm drain inlet, outlet, and piping locations for system N2-DI205 – N2-DO210

6. Details - 1
a. Special outlet detail on coastal side

7. Final Traffic Control Handling Plan (TLE)
a. Lane closure signage, detours, channelizes, etc

8. Signage and Striping Plan.

9. Planting Plan
a. Hydroseed and hydromulch, grass species seed mix by City Arborist

10. Temporary Erosion Control Plan
a. Compost, Jute netting, Fiber rolls, silt fencing, ESA fence • Preliminary Cost Estimate
• Preliminary Drainage Report
• Comment Meeting Notes and comment response letter

19.30 Proposal for the City of Santa Cruz
800 West Cliff Drive Road Realignment Design
RFP No. PW-O176; MME Project No: 24142
May 16, 2025

5. Task 5 Environmental Clearance and Permits
After the 30% concept has been approved by the City, Dudeck will prepare all required environmental studies required for environmental clearance in accordance with Caltrans Local Assistance procedures and obtain all necessary permits.

Tasks 2B and 2C include all technical studies needed to support the Caltrans NEPA Categorical Exclusion under Section 23 USC 326, Activity 4, as well as compliance with Section 106 of the NHPA.

Based on the RFP and experience working with the City on Caltrans-related projects in the area, it is expected that Caltrans staff will prepare the Categorical Exclusion documentation and form, based on the technical studies identified under Tasks 2B and 2C. Therefore, this task provides for CEQA documentation and necessary regulatory and coastal permitting.

Task 5A CEQA Documentation
This task provides for appropriate CEQA documentation for the proposed project.

Task 5A.1 Project Description
After the City approves the 30% design concept and the project design is considered stable, a Dudek will develop a project description in consultation with City staff and MME to describe the elements and design of the proposed realignment project. The proposed project best management practices will be described and other elements of project construction, including duration, timing, and equipment, will be identified in consultation with City staff and MME. Dudek will provide a draft project description to the City for review and approval prior to preparation of technical studies under Task 2B and Task 2C, the CEQA document (Task 5A.2), and regulatory permitting (Task 5B). Our scope assumes that the project description is not substantially changed and that no new issues will arise after the project description is completed.

Changes in the project description may require augmentation of this scope of work, cost estimate, and/or schedule.

Task 5A.2 Initial Study/Mitigated Negative Declaration
Prepare Administrative Draft IS/MND. Dudek will prepare an initial study (IS) in accordance with CEQA requirements, leading to preparation of a mitigated negative declaration (MND). Should issues arise during preparation of the technical studies in Tasks 2B and 2C that would suggest potential significant impacts that may require further analysis in an environmental impact report (EIR), the City will be contacted immediately to further discuss the need to modify the scope and cost to support preparation of an EIR.

Dudek will prepare the IS using the City’s format, which Dudek has substantial experience with. The environmental setting will be described based on site reconnaissance and review of other available reports and studies conducted in the vicinity of the project site, as well as the technical analyses conducted in Tasks 2B and 2C. Dudek will provide graphics as needed. The overall approach will be thorough documentation of existing conditions, careful identification of probable impacts, and presentation of feasible mitigation measures.

Brief explanations will be provided for topics for which no impact is expected and/or for which applicable reference documents can be cited to show there is no impact. Based on our understanding of the project at this time, it is anticipated that the project could result in potential impacts to biological resources, cultural resources, and/or water quality as a result of installation of the improvements, with minor impacts related to noise and visual impacts. Given the limited area of disturbance during construction, potential criteria pollutant and greenhouse gas emissions will be discussed qualitatively. Air emissions modeling is not included in the scope of work or cost estimate. Additionally, we anticipate that the following topics will

19.31 Proposal for the City of Santa Cruz
800 West Cliff Drive Road Realignment Design
RFP No. PW-O176; MME Project No: 24142
May 16, 2025

not require a detailed analysis because the project is not likely to have impacts on these resources that will be explained in the IS: agriculture and forestry resources, land use, mineral resources, population and housing, and public services and recreation.

Mitigation measures will be recommended for any identified significant impacts. If mitigation measures are required for any identified significant impacts, Dudek will prepare a mitigation monitoring and reporting program in accordance with state law requirements using City formats.

Prepare Public Review IS/MND and Notices. After City staff review of the Administrative Draft IS, the document will be edited and revised to incorporate and respond to staff comments and edits prior to release of the document for public review. Dudek will create a draft of the MND and will provide the City with the Screencheck Draft IS/MND for final review. Once comments on the Screencheck Draft IS/MND are received and responded to, as appropriate, Dudek will provide a PDF version of the IS/MND suitable for posting to the City’s website. This task also includes preparation of a Notice of Intent (NOI) to Adopt an MND and State Clearinghouse NOC. This proposal assumes that the City will be responsible for public noticing either with a legal ad in a local newspaper, posting the NOI at the project site, or notification to adjacent property owners pursuant to CEQA requirements. This scope also assumes that the City will distribute the CEQA document to the State Clearinghouse and other agencies, organizations, and/or persons requesting such notice.

Dudek will conduct an accessibility review under AB 434 given that the IS/MND will be posted on a state agency website. Such documents need to be compliant with Section 508 of the Rehabilitation Act and Section 255 of the Communications Act, adopted by California with the passage of Assembly Bill 434 effective July 1, 2019. Section 508 compliance included in this scope entails Dudek’s basic level of service for document accessibility and will provide conformance with the Web Content Accessibility Guidelines (WCAG) 2.0, which are the standards currently required by the Rehabilitation Act and Section 255 of the Communications Act. Specifically, Dudek’s basic level of service for 508 compliance includes the following steps: autotagging the document, verifying the correct reading order, adding alternative text to figures, tagging tables with a “table” tag, and tagging nested headings based on PDF bookmarks.

Production cost estimates for the NOP and IS assume that these documents and appendices will not exceed 100 pages.

Preparation of Responses to Comments on IS/MND. Upon completion of the public review period, any comments received will be reviewed with City staff. Although not required under CEQA, general responses to public comments that raise environmental issues will be prepared and appended to the IS/MND for consideration by City decision makers. This scope of work anticipates minimal public comment; up to 8 hours are budgeted for preparation of responses, if needed. This scope of work assumes that City staff will prepare the resolution/findings for adoption of the MND and that Dudek is not required to attend public meetings. It is assumed that the City will prepare and file a Notice of Determination upon approval of the project.

Task 5A Deliverables
Electronic files of Administrative Draft, Screencheck Draft, Public Review Draft, and final versions of the IS/MND
State Clearinghouse NOC

19.32 Proposal for the City of Santa Cruz
800 West Cliff Drive Road Realignment Design
RFP No. PW-O176; MME Project No: 24142
May 16, 2025

NOI to Adopt an MND
Task 5B Regulatory Permitting
Portions of the road realignment and associated infrastructure changes have the potential to impact waters of the United States and/or waters of the state, delineated by the high tide line along the shoreline.

For example, the replacement of existing storm drain outlets could potentially result in fill or impacts that require permits from the USACE San Francisco District and the Central Coast RWQCB. Dudek will prepare permit application packages for submittal to USACE (Preconstruction Notification for Nationwide Permit 14 – Linear Transportation Projects) and RWQCB (application for 401 water quality certification).

As part of the application process, applicants are required to file a pre-application filing meeting request with RWQCB at least 30 days prior to application submittal. During this 30-day period, RWQCB may request an office or field meeting to review the project in more detail or they may reach out with preliminary questions or concerns they have that should be resolved to the greatest extent feasible prior to the application submittal. Dudek will conduct a pre-filing meeting with RWQCB, which can also serve as an interagency pre-application check-in with the other regulatory agencies. We will encourage participation by USACE staff so that we can discuss the permitting approach, including Section 7 Endangered Species Act and Section 106 National Historic Preservation Act compliance documentation completed by Caltrans.

After at least 30 days have passed since the prefiling meeting request date, Dudek will prepare, file, and process the permit application packages to the agencies. Each agency has an independent review process and differing application requirements; however, there is a good deal of overlap. The information included in the permit application packages will generally include the following:
 A completed application form
 A detailed project description (from Task 5A.1)
 A description and quantification of project impacts (area and linear feet of impacts) to waters of the United States and waters of the state
 An aquatic resources delineation figure (from Task 2B.2)  Biological resources assessment (from Task 2B.2)
 Project maps and drawings of the impact areas prepared in accordance with the current map and drawing standards
 Copies of the grading plans
 A discussion of the approvals and certifications being obtained from other federal, state, and local agencies
 A discussion of avoidance and minimization measures
 A copy of available cultural resources studies and/or documentation of Section 106 compliance (from Task 2C)
 An alternatives analysis
 Environmental review/CEQA documentation (from Task 5A.2)

19.33 Proposal for the City of Santa Cruz
800 West Cliff Drive Road Realignment Design
RFP No. PW-O176; MME Project No: 24142
May 16, 2025

Following submittal of the application packages, we will conduct necessary regulatory agency coordination, including attending meetings and corresponding with the agencies via phone or email to provide additionally requested information or to clarify project components. We will work closely with the City to respond to agency requests for additional information and to confirm that agency staff are reviewing the applications within mandated timeframes. Throughout all stages of project permitting, we will provide ongoing technical input, support, and strategy development to the City.

Task 5B Deliverables
One draft and one final version of the application packages for USACE and RWQCB via electronic submittal (Microsoft Word and PDF files)
Coordination with USACE and RWQCB during the pre-filing meeting with RWQCB, which can also involve USACE, as well as after submittal of the application packages

19.34 Proposal for the City of Santa Cruz
800 West Cliff Drive Road Realignment Design
RFP No. PW-O176; MME Project No: 24142
May 16, 2025

6. Task 6: Right-of-Way Clearances
A section Lighthouse Field State Beach Park is required by the City of Santa Cruz from California State Parks in order to realign the W Cliff Drive. California State Parks is aware of the right-of-way required for this project and is willing to work with the City and MME to facilitate a potential transaction.

Bender Rosenthall, BRI, will manage and oversee this process and coordinate with California State Parks. The City will sign off on any necessary paperwork and forms. The City's right of way needs for this project includes acquiring both temporary and permanent rights and Caltrans Right of Way Certification.

Work will be conducted in accordance with the Uniform Relocation, Assistance, and Real Property Acquisition Policies Act of 1970 (i.e., the "Uniform Act").

PROJECT MANAGEMENT - project duration
Project Management will include budget and cost controls, scheduling, progress reporting, risk management, quality assurance/quality control and making recommendations on right of way issues.

Coordination with Caltrans and the acquisition of both permanent and temporary rights are of critical importance for this project.

APPRAISAL SERVICES – eight (8) weeks
This effort requires preparation of an appraisal for the portion of the parcel to be acquired (including temporary construction easements). The appraisal reports will be a narrative appraisal report that will be prepared in conformance with and subject to the requirements of the Code of Professional Ethics and the Standards of Professional Practice of the Appraisal Institute.

APPRAISAL REVIEW SERVICES - one (1) to two (2) weeks
BRI has enlisted the expertise of the Sierra West Valuation for Independent Appraisal Reviews. Upon completion of the review, the appraisal and a USPAP Standard 3 and 4 compliant review report will be provided and forwarded to the City for approval of Just Compensation.

ACQUISITION SERVICES - three (3) to four (4) months
Upon completion of the appraisals and establishment of Just Compensation, BRI will develop the contract and conveyance documents to make the offers and acquire the necessary rights. BRI will then convey documents until acceptance or impasse is reached. Finally, BRI will prepare a final file for each parcel, ensuring that it has been quality checked and meets State and Federal reporting requirements.

ESCROW & CLOSING SERVICES - two (2) to three (3) months concurrent with acquisition BRI will deliver documents and checks to the escrow company, review all documents for submission to escrow companies, and review all final title and escrow documents. We will apply extensive acquisition experience so that the project acquires good title and property rights necessary for completion. BRI will coordinate escrow closings and file all applicable forms and documents with the County Assessor’s office.

If needed, BRI can also obtain the Preliminary Title Report for an additional fee.

CALTRANS RIGHT OF WAY CERTIFICATION - two (2) to three (3) weeks BRI will coordinate with Caltrans District 5 to supply all required documentation for the draft and final Right of Way Certification Document 13-B at certification level 1 or 2.

19.35 Proposal for the City of Santa Cruz
800 West Cliff Drive Road Realignment Design
RFP No. PW-O176; MME Project No: 24142
May 16, 2025

7. Task 7 60% PS&E
The 60% PS&E will be revised to incorporate comments received from the City and the public meeting(s).

This work may be completed before the Environmental Clearance and Permits and the Right of Way Clearances depending on schedule sequence to be determined following kick-off.

Deliverables (include but not limited to):
• 60% Engineering/Concept Plans

1. Cover Sheet

2. Typical Cross Sections of Existing and Proposed Roadway and Path a. Lane widths
b. Cross Slopes
c. Structural Sections road and path
d. Shoulder conforms
e. Curbs Gutters

3. 60% Site Plan 1 – 1” = 20’
t. Roadway Centerline, curb and gutter
u. Connections to parking lot
v. Multi-use path
w. Fenceline
x. 100-year bluff top
y. Contours
z. Property Lines
aa. Aerial ortho photo
bb. Proposed property line adjustment with buffer for grading and drainage features

4. Site Plan 2 – 1” = 20’

5. Site Plan 3 – 1” = 20’

6. Utility Plan – 1” = 50
a. Water main and hydrant plan (by City Water)

7. Longitudinal Profile – 1” = 50’

8. Drainage Plan and Profile N2-DI205 – N2-DO210 1 – 1” = 10’ plan, 1” = 5’ profile

9. Details - 1
a. Special outlet detail on coastal side

10. Details - 2
a. Headwall at pipe inlet
b. Drainage inlet at curb and gutter
c. Pipe backfill section, anchorage

11. Traffic Control Handling Plan
a. Lane closure signage, detours, channelizes, etc

12. Signage and Striping Plan

13. Planting Plan
a. Hydroseed and hydromulch only, grass species seed mix to be specified by City Arborist.

14. Temporary Erosion Control Plan
a. Compost, Jute netting, Fiber rolls, silt fencing, ESA fence, storage and staging areas

15. Cross Sections at 50 feet for 600 feet (12)
• Preliminary calculations including Hydrology Calculations for peak flow, no mitigation/infiltration/retention/water quality treatment included due to slope failure exemption • Initial draft technical specifications
• Refined engineer’s cost estimate

19.36 Proposal for the City of Santa Cruz
800 West Cliff Drive Road Realignment Design
RFP No. PW-O176; MME Project No: 24142
May 16, 2025

• Comment Resolution from City and Stakeholders with consultant comment responses At this phase, the City will provide the “Front End” documents and Special Provisions for our review. The Technical Specifications will be prepared in MS Word format and will follow the City’s formatting conventions. The Technical Specifications and details will reference the City’s standard provisions and Caltrans 2023 Standard Plans and Specifications (including subsequent revisions and updates). We will recommend deviations from Caltrans standards where, from experience, such changes will improve the likelihood of achieving a successful construction project without compromising the integrity of the design.

The Engineer’s Cost Estimate is to be updated and refined as the design effort progresses. The City will require a 20-day review/comment period once the 60% PS&E package is submitted. Plans will be submitted electronically (PDF) to City staff sized 22x34 format. A refined engineer’s cost estimate will be developed and submitted with the plans. A comment review/resolution meeting will be held following receipt of City comments.

The road reconstruction is due to slope failures and is therefore exempt from City storm water regulation and mandatory stormwater BMPs such as water quality treatment, runoff retention, trash capture, and peak management, per 6B 2.1.e.

19.37 Proposal for the City of Santa Cruz
800 West Cliff Drive Road Realignment Design
RFP No. PW-O176; MME Project No: 24142
May 16, 2025

8. Task 8 100% Draft Construction Documents PS&E
Following 60% review, MME will finalize plans and specs based on City and Caltrans comments. We will respond to the City to assist coordination with Caltrans that we have covered everything in the Checklist 12-D. Federal language will be included in the contract specifications per exhibit 12-G Deliverables:
• 100% Engineering Plans

1. Cover Sheet

2. Typical Cross Sections of Existing and Proposed Roadway and Path a. Lane widths
b. Cross Slopes
c. Structural Sections road and path
d. Shoulder conforms
e. Curbs Gutters

3. Site Plan – 1” = 20’
a. Roadway Centerline, curb and gutter
b. Connections to parking lot
c. Multi-use path
d. Fenceline
e. 100-year bluff top
f. Contours
g. Property Lines
h. Aerial ortho photo
i. Proposed property line adjustment with buffer for grading and drainage features

4. Site Plan 2 – 1” = 20’

5. Site Plan 3 – 1” = 20’

6. Demolition Plan – 1” = 50’

7. Utility Plan – 1” = 50
a. Water main and hydrant plan and details and specs (by City Water). Only water and storm drain is anticipated on site.

8. Longitudinal Profile – 1” = 50’

9. Drainage Plan and Profile N2-DI205 – N2-DO210 1 – 1” = 10’ plan, 1” = 5’ profile

10. Details - 1
a. Special outlet detail on cliff

11. Details - 2
a. Headwall at pipe inlet
b. Drainage inlet at curb and gutter
c. Pipe backfill section, anchorage

12. Details - 3
a. Mainline pavement taper
b. Curbs, gutters, spandrels

13. Details – 4
a. Wood post and wood cross brace style on coast side to match adjacent b. Low log on concrete piers on field side to match adjacent, no retaining walls

14. Details – 5
a. 1” = 5’ Curb ramp grades for accessible ramps each side of crosswalk

15. Stage Construction Plan Stage 1
a. Work area such as westbound lane, temp walkway, staging area in parking lot

16. Stage Construction Plan Stage 2
a. work area such as eastbound lane and multi-use trail

19.38 Proposal for the City of Santa Cruz
800 West Cliff Drive Road Realignment Design
RFP No. PW-O176; MME Project No: 24142
May 16, 2025

17. Final Traffic Control Handling Plan
a. Lane closure signage, channelizers etc

18. Signage and Striping Plan

19. Planting Plan
a. Hydroseed and hydromulch only, grass species seed mix to be specified by City Arborist

20. Temporary Erosion Control Plan
a. Compost, Jute netting, Fiber rolls, silt fencing, ESA fence, storage and staging areas

21. Cross Sections at 50 feet for 600 feet (12)
• Final Calculations
• Final Drainage Report
• Technical Specifications
• Final Cost Estimate
• Estimated construction schedule showing the general activities for construction to support the # of Working Days specified.
• SWPPP Storm Water Pollution Prevention Plan for sites over 1 acre • Comment Resolution from City and Stakeholders with consultant comment responses

9. Task 9 Bid-Ready Construction Documents
MME will prepare Bid-Ready Construction documents to address any comments generated from the City's and Caltrans' review of the 100% construction document submittal. Once final revisions are complete, one (1) signed reproducible Bid-Ready set of construction documents and an electronic version of the documents will be submitted to the City.

All final documents will be reviewed, signed, and stampled by a registered civil engineer, and the Final (Bid Set) PS&E will be delivered to the City in both hard copy and electronic formats. The electronic files for the final bid set of plans, specifications, and engineer’s estimate will be in PDF and in AutoCAD, Microsoft Word, and Microsoft Excel, respectively.

Deliverables:
• One (1) signed reproducible Bid-Ready construction document package (hard copy and electronic file)

10.Task 10 – Contractor Procurement Support (Optional Task) MME can provide support to City staff during the procurement process. Support to City staff may include attending the pre-bid conference and reviewing/responding to bid Requests for Information (RFIs) which relate to the design, preparation of any addenda and/or clarifications deemed necessary. The City will provide a Project Manager to administer the bid process.

Deliverables:
• RFI responses to Contractor bid questions

19.39 Proposal for the City of Santa Cruz
800 West Cliff Drive Road Realignment Design
RFP No. PW-O176; MME Project No: 24142
May 16, 2025

11.Task 11 - Construction Phase Services (Optional Task) MME can provide support to the City during the duration of the construction contract with the Contractor.

It is assumed the City will provide a Construction Manager to administer the Contract and coordinate with the Contractor.

The construction support services cost depends largely on the complexity and size of the final design, the construction cost for the contract, and the duration of the construction. Since these characteristics are not known at this early phase of the project, MME recommends developing the project design in more detail before providing an estimating cost for support services. At that juncture, we can also assist to request estimates for Geotechnical testing services required for roadway compaction, staking services from the Surveyor, and there may be some environmental monitoring required by the permit conditions.

The following tasks are anticipated with consultant effort under this project phase and task:
• Meeting Attendance
• Regular weekly construction progress and coordination meetings in person or on the phone during construction
• Up to two (2) site visits and associated Observation memo • Attend one final punch list site walk with City and Contractor staff • List of civil punch list items for recordation to be prepared and provided to City • Attend one substantial completion site walk with documentation • Review and respond to Contractor questions, including:
• Design submittals
• Requests for Information (RFIs)
• Substitution Requests
• Review Contractor requests for payment when asked by City staff • Preparation of record drawings based on as-built drawings provided by the Contractor including detailed markups on the construction documents. As-Builts will be prepared in Bluebeam (PDF) format
Deliverables:
• RFI responses during construction
• Submittal review and responses during construction
• Review/responses to Contractor requests for payment
• Observation report for site visits
• Close out punch list from site walk with City and Contractor • Sign-off of Certificate of Substantial Completion
• Record Drawings in Bluebeam (pdf) format

12.Excluded Services
The following tasks is a partial list of tasks that are not anticipated and are excluded from this scope:
• Retaining walls, rock revetments, soil nail walls, pier walls, cantilever walls, gravity walls • Coastal grading, slope contouring, native plant restoration plans • Landscape design, benches, plants, wayfinding, lighting, electrical, gates, arborists, tree permits, tree protection plans, interpretive signage, trees, shrubs, irrigation • ADA parking upgrades, parking lot improvements, ramps, new driveways, signals, • Traffic studies, more than one crosswalk, RRFBs, trails, alternatives analysis, value engineering • Existing utility potholing, hazardous materials,
• FEMA studies, coastal marine studies, drainage quality or quantity treatment, trash capture • Additional storm drain systems outside of 18” RCP/CMP N2-DI205 – N2-DO210, due to the engineering, construction, and permitting risks of additional coastal outfalls and coastline repair • Pre-emptive excavation of slope

19.40 Proposal for the City of Santa Cruz
800 West Cliff Drive Road Realignment Design
RFP No. PW-O176; MME Project No: 24142
May 16, 2025

13.Preliminary Schedule
A preliminary schedule is provided for planning and proposal purposes and reflects current preliminary understanding and assumptions and is not a final commitment to specific dates. As with all complex infrastructure and environmental projects, the schedule is subject to change as the project advances due to factors including:
• Multi-agency authorization process and actual start date • Stakeholder input and public interest
• Unforeseen technical challenges and site conditions
• Regulatory permit agency coordination and approval timelines • Unplanned design changes
• Additional information
• Resource availability
• Funding availability

19.41 City of Santa Cruz Professional Services Agreement for 800 W CLIFF DRIVE ROAD REALIGNMENT DESIGN PHASE (C402515)
July 2024 (Form Rev.01/24 ) Page 14
EXHIBIT B: FEE ESTIMATE

19.42 Engineering Fee Estimate for 800 West Cliff Drive for the City of Santa Cruz
MME Project Number: 24142
Rev 1 5/15/25
Item Task Description Team
Principal Engineer Engineer Admin MME Dudeck GV Survey Pacific Crest TLE B. Rosenthall Subs Total Engineer IV II Mgr Sub-total Sub-total
Project Billable Rate $355.82 $170.62 $131.74 $134.50
Task 1 - Project Management

1.1 Kickoff Meeting, Agenda, 20 18 16 $12,340 $9,007 $3,000 $12,007 $24,347

1.2 Schedule 8 16 $5,576 $0 $5,576

1.3 Monthly Reports (28) 28 28 28 $18,506 $0 $18,506

1.4 Monthly Meetings (28) 28 56 $19,518 $0 $19,518

1.5 Quality Control Plan 2 8 4 $2,615 $0 $2,615

1.6 Subconsultant Coord 16 32 32 $15,457 $0 $15,457

1.7 Caltrans, FHWA, City stds 8 32 8 $9,382 $0 $9,382

1.8 PE and CON phase files 4 16 4 $4,691 $0 $4,691

1.9 Travel/Direct Costs $70 $1,535 $200 $1,735 $1,805
Subtotals: 114 206 0 92 $88,155 $10,542 $0 $0 $3,200 $0 $13,742 $101,897 Task 2A - Site Investigation and Evaluation
2A.1 Surveying, Util Requests 4 20 20 4 $8,008 $41,178 $29,699 $3,600 $74,477 $82,485 Subtotals: 4 20 20 4 $8,008 $0 $41,178 $29,699 $3,600 $0 $74,477 $82,485 Task 2B - Environmental Documentation and BA for NEPA
2B.1 Noise Memo $0 $6,495 $6,495 $6,495
2B.2 NES $0 $29,567 $29,567 $29,567
2B.3 Section 4(f) $0 $10,739 $10,739 $10,739
2B.4 Visual Technical Memo $0 $21,201 $21,201 $21,201
2B.5 PM Support for Tech Studie 4 24 4 $6,056 $8,210 $8,210 $14,266 Subtotals: 4 24 0 4 $6,056 $76,212 $0 $0 $0 $0 $76,212 $82,268 Task 2C: Section 106 Documentation for NEPA Clearance
2C.1 APE Map 2 8 $2,077 $4,899 $4,899 $6,976
2C.2 Record Search $1,399 $1,399 $1,399
2C.3 Native American Consult $1,743 $1,743 $1,743
2C.4 Historic Group Consult $603 $603 $603
2C.5 Arch Field Survey $911 $911 $911
2C.6 Arch Survey Report $7,756 $7,756 $7,756
2C.7 Historic Property Report $8,089 $8,089 $8,089
2C.8 PM Support for Tech Studie 4 16 8 $5,229 $4,807 $4,807 $10,036 Subtotals: 6 24 0 8 $7,306 $30,207 $0 $0 $0 $0 $30,207 $37,513 Task 3 Preliminary Analysis and 10% Concept Design

3.1 10% Concept Plan (1) 16 16 24 4 $12,123 $3,760 $3,760 $15,883

3.2 Preliminary Traffic Control P 2 4 $1,394 $7,120 $7,120 $8,514

3.3 List of Permits 2 2 $1,053 $0 $1,053

3.4 Utility Relocation Memo 2 12 4 $3,297 $0 $3,297

3.5 Present Plan at 4 hearings 16 24 4 $10,326 $0 $10,326 Subtotals: 38 58 24 12 $28,193 $0 $0 $0 $10,880 $0 $10,880 $39,073 Task 4 30% Plans

4.1 30% Plans (10) 24 40 60 4 $23,807 $2,760 $2,760 $26,567

4.2 Preliminary Cost Estimate 6 24 16 $8,338 $0 $8,338

4.3 Preliminary Drainage Report 4 4 24 $5,268 $0 $5,268

4.4 Comment Mtg and Respons 8 32 4 $8,844 $0 $8,844
Subtotals: 42 100 100 8 $46,256 $0 $0 $0 $2,760 $0 $2,760 $49,016 Task 5: Environmental Clearances and Permits
5A IS/MND $0 $32,078 $32,078 $32,078
5B USACE and RWQCB $39,844 $39,844 $39,844

5.1 PM Permitting Support 12 32 8 $10,806 $0 $10,806
Subtotals: 12 32 0 8 $10,806 $71,922 $0 $0 $0 $0 $71,922 $82,728 MME Subconsultants

19.43 Task 6: Right-of-Way Clearances

6.1 Bender Rosenthal R/W $0 $1,716 $1,716 $1,716

6.2 R/W Appraisal $5,500 $5,500 $5,500

6.3 R/W Acquisition $3,500 $3,500 $3,500

6.4 R/W Travel $210 $210 $210

6.5 R/W Shipping $70 $70 $70

6.6 R/W Certification $2,500 $2,500 $2,500

6.7 Independent Review $1,500 $1,500 $1,500

6.8 PM Support for R/W 6 12 6 $4,989 $0 $4,989
Subtotals: 6 12 0 6 $4,989 $0 $0 $0 $0 $14,996 $14,996 $19,985 Task 7 60% Plans

7.1 Plans (15) 26 80 100 $36,075 $2,380 $2,380 $38,455

7.2 Calculations 8 12 24 $8,056 $0 $8,056

7.3 Low Erosivity Waiver 2 12 $2,759 $0 $2,759

7.4 Draft Technical Specs 12 72 $16,554 $0 $16,554

7.5 City Front End 2 16 $3,442 $0 $3,442

7.6 City Special Provisions 2 16 $3,442 $0 $3,442

7.7 Refined Cost Estimate 8 12 16 $7,002 $0 $7,002

7.8 Comment Mtg and Respons 8 24 8 $8,017 $0 $8,017
Subtotals: 68 244 140 8 $85,347 $0 $0 $0 $2,380 $0 $2,380 $87,727 Task 8 100% Plans

8.1 Plans (21) 18 72 88 $30,283 $2,380 $2,380 $32,663

8.2 Final Traffic Control Plan 2 8 $2,077 $3,560 $3,560 $5,637

8.3 Calculations 2 8 16 $4,184 $0 $4,184
Final Drainage Report 2 4 16 $3,502 $0 $3,502

8.4 Technical Specs 8 40 $9,671 $0 $9,671

8.5 Cost Estimate 4 16 8 $5,207 $0 $5,207

8.6 12-D and 12-G checklists 8 24 $6,941 $0 $6,941

8.7 Schedule Working Days 4 24 $5,518 $0 $5,518

8.8 SWPPP 8 40 24 4 $13,371 $0 $13,371

8.9 Comment Mtg and Respons 8 24 16 8 $10,125 $0 $10,125 Subtotals: 64 260 168 12 $90,880 $0 $0 $0 $5,940 $0 $5,940 $96,820 Task 9 Bid Ready Plans

9.1 Plans (21) 12 24 32 $12,580 $940 $940 $13,520

9.2 Technical Specs 2 16 $3,442 $0 $3,442

9.3 Bid Schedule 2 6 $1,735 $0 $1,735

9.4 City Front End 4 16 $4,153 $0 $4,153

9.5 City Special Provisions 4 16 8 $5,229 $0 $5,229
Subtotals: 24 78 32 8 $27,140 $0 $0 $0 $940 $0 $940 $28,080 Base Sub Total: 382 1,058 484 170 $403,136 $188,883 $41,178 $29,699 $29,700 $14,996 $304,456 $707,592 Exhibit 10H1 Cost Proposal - Estimated salary increase allowance per 10-H1 Page 2 Mileage (adjusted) 11 0.7 $8 $8
Est salary increase allowanc 2159.4 0.717 0.7583 0.15 $6,147 $6,147 Subtotals: $6,155 $6,155
Optional Additional Tasks
10 Contractor Bid Procurement Support (To be determined) $0 $0 $0 11 Construction Phase Services (To be determined) $0 $0 $0 Subtotals: 0 0 0 0 $0 $0 $0 $0 $0 $0 $0 $0
Total Optional Plus Base: 382 1058 484 170 $409,291 $188,883 $41,178 $29,699 $29,700 $14,996 $304,456 $713,747

19.44 City of Santa Cruz Professional Services Agreement for 800 W CLIFF DRIVE ROAD REALIGNMENT DESIGN PHASE (C402515)
July 2024 (Form Rev.01/24 ) Page 15
EXHIBIT C: WORK SCHEDULE

19.45 ID Task Name Duration Start Finish Predecess
1 Task 1: Project
Management
28 mons Tue 7/1/25 Mon
8/23/27
2 Task 2: Site
Investigation and Evaluation
170 days Tue 7/1/25 Mon
2/23/26
3 Task 2A: Site
Investigation and Evaluation
2 mons Tue 7/1/25 Mon
8/25/25
1SS
4 Task 2B -
Technical Studies f NEPA
90 days Tue
10/21/25
Mon 2/23/26
7,1SS
5 Task 2C: Section
106 Documentation for NEPA

4.5 mons Tue
10/21/25
Mon 2/23/26
7,1SS
6 Task 3: Preliminary
Design
80 days Tue 7/1/25 Mon
10/20/25
7 Task 3A: 10% Desig2 mons Tue 8/26/25 Mon 10/20/21SS,38 Task 3B: Geotech 14 wks Tue 7/1/25 Mon 10/6/25
1SS
9 Task 4: 30% Design 3 mons Tue 10/21/25Mon 1/12/267,8
10 Task 5:

Environmental Cl d
200 days Tue 1/13/26 Mon
10/19/26
11 Task 5A.1: Project
Description
25 days Tue 1/13/26 Mon
2/16/26
9 12 Task 5A.2: IS/MND 8 mons Tue 2/17/26 Mon 9/28/261113 Task 5B:

Regulatory P itti
6 mons Tue 5/5/26 Mon
10/19/26
15 14 Task 6: ROW Clearanc10 mons Tue 9/29/26 Mon 7/5/27 12,1615 Task 7 60% PS&E 4 mons Tue 1/13/26 Mon 5/4/26 916 Task 8 100% Plans 4 mons Tue 5/5/26 Mon 8/24/261517 Task 9 Bid Ready Plan2 mons Tue 7/6/27 Mon 8/30/2716,13,1F18 Task 10 Contractor Procurement (O ti l)
3 mons Tue 8/31/27 Mon
11/22/27
17 19 Task 11 Construction
Phase (Optional)
8 mons Tue
11/23/27
Mon 7/3/28 18
May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul A 2, 2025 Qtr 3, 2025 Qtr 4, 2025 Qtr 1, 2026 Qtr 2, 2026 Qtr 3, 2026 Qtr 4, 2026 Qtr 1, 2027 Qtr 2, 2027 Qtr 3, 2027 Qtr 4, 2027 Qtr 1, 2028 Qtr 2, 2028 Qtr 3, 2 TaskSplitMilestoneSummaryProject Summary
Inactive TaskInactive MilestoneInactive SummaryManual TaskDuration-only Manual Summary RollupManual SummaryStart-onlyFinish-onlyExternal Tasks External MilestoneDeadlineCriticalCritical SplitProgress Manual ProgressSlack

Project: 800 WCDDate: Thu 5/15/25

19.46 City of Santa Cruz Professional Services Agreement for 800 W CLIFF DRIVE ROAD REALIGNMENT DESIGN PHASE (C402515)
July 2024 (Form Rev.01/24 ) Page 16
EXHIBIT D: INSURANCE REQUIREMENTS

19.47 City of Santa Cruz Professional Services Agreement for 800 W CLIFF DRIVE ROAD REALIGNMENT DESIGN PHASE (C402515)
July 2024 (Form Rev.01/24 ) Page 17
Consultant shall procure and maintain insurance against claims for injuries to persons or damages to property and otherwise which may arise from or in connection with the performance of the work under this Agreement and the results of that work by Consultant, its agents, representatives, employees, or subcontractors.

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

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

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

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

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

19.48 City of Santa Cruz Professional Services Agreement for 800 W CLIFF DRIVE ROAD REALIGNMENT DESIGN PHASE (C402515)
July 2024 (Form Rev.01/24 ) Page 18
The Worker’s Compensation policy must be endorsed with a waiver of subrogation in favor of the City for all work performed by the Consultant and its employees. (Not required if Consultant provides written verification it has no employees) - If Consultant has no employees, Consultant shall complete and sign a Workers’ Compensation Exemption Declaration and Release of Liability.

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

19.49 City of Santa Cruz Professional Services Agreement for 800 W CLIFF DRIVE ROAD REALIGNMENT DESIGN PHASE (C402515)
July 2024 (Form Rev.01/24 ) Page 19
Operations liability coverage. Such Insurance must be maintained, and evidence of insurance must be provided, for at least five (5) years after completion of the contract of work.  SELF-INSURED RETENTIONS (SIR)
Self-insured retentions must be declared to and approved by the City. City may require Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related expenses.

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

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

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

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

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

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

19.50 Brittany Inclan
From: Bonnie Bush
Sent: Sunday, June 8, 2025 6:35 PM
To: City Council
Subject: Fwd: West Cliff repair
Bonnie Bush, CMC
City Clerk
City of Santa Cruz
809 Center St., Room 8, Santa Cruz, CA 95060
Phone: 831-420-5035
Email:[email protected] Web: www.cityofsantacruz.com Begin forwarded message:

From: Dennis <[email protected]>
Date: June 8, 2025 at 9:00:24 AM PDT
To: Bonnie Bush <[email protected]>
Subject: West Cliff repair
****CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.**** As a lower Westside resident, I am writing to show my full support for the proposed modification to West Cliff Drive into a small part of Lighthouse Field.

It is a great solution for securing a safe roadway and pedestrian path along our iconic coast drive.

Dennis Hagen
Pelton Ave, SC

19.51 Brittany Inclan
From: Bonnie Bush
Sent: Sunday, June 8, 2025 6:35 PM
To: City Council
Subject: Fwd: West Cliff Drive
Bonnie Bush, CMC
City Clerk
City of Santa Cruz
809 Center St., Room 8, Santa Cruz, CA 95060
Phone: 831-420-5035
Email:[email protected] Web: www.cityofsantacruz.com Begin forwarded message:

From: Ellen Murtha <[email protected]>
Date: June 8, 2025 at 12:22:21 PM PDT
To: Bonnie Bush <[email protected]>
Subject: West Cliff Drive

****CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.**** I am supportive of moving the road inland if the eucalyptus grove that shelters monarch butterflies can be saved. I heard from a state Park Ranger last year that this was important.

Thanks, Ellen Fitzgerald Murtha, 111 Anderson St, Santa Cruz, CA 95060. [email protected]

19.52 City Council

AGENDA REPORT
DATE: 05/22/2025
AGENDA OF: 06/10/2025
DEPARTMENT: Public Works
SUBJECT: Contract Renewal with Hope Services, Inc. for the Resource Recovery Facility (PW)
LOCATION: District 6
RECOMMENDATION: Motion to authorize and direct the City Manager to execute an agreement with Hope Services, Inc. (Santa Cruz, CA) for recycling and litter control services at the City’s Resource Recovery Facility on Dimeo Lane.

BACKGROUND: For the last twenty-five years, Hope Services, Inc., a local rehabilitationtraining program, has provided employment to developmentally disabled workers through an annual contract with the City Resource Recovery Facility (RRF) on Dimeo Lane. Under the terms of this agreement, on average eight Hope Services workers help sort recycled materials being processed on the City’s single-stream sorting line and help to control litter in and around the RRF.

DISCUSSION: The Hope Services contract enables the City to meet its recycling and diversion objectives by providing supplementary staffing for the sorting equipment the City operates at the RRF. This enables regular City recycling staff to perform a growing list of more specialized duties, such as baler operation, oil and oil filter recycling, operation of loaders and forklifts, and packing and documenting electronic waste. This contract also frees up City workers’ time to sort more difficult materials and reduce contaminants from recycled materials, thereby maximizing sales revenue.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) DETERMINATION: This is not a project under CEQA.

HEALTH IN ALL POLICIES (HiAP): This action is consistent with the City’s HiAP initiative by supporting community connection, partnering with Hope Services to promote equity, inclusion, and wellness by integrating support services and outreach that address the root cause of health disparities and enhances overall community wellbeing.

20.1 FISCAL IMPACT:

1. The recommendation in this report impacts the General Fund: No

2. This recommendation requires a budget adjustment: No

3. The recommendation creates an on-going expenditure commitment: Yes FISCAL IMPACT DESCRIPTION: Funding for this contract is included in the proposed FY 2026 Recycling Processing budget within the refuse fund total cost of $258,000.00. There is no impact to the General Fund.

Prepared By:

Eleazar Mejinez
Resource Recovery Supervisor
Submitted By:

Nathan Nguyen, P.E.

Director of Public Works
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. HOPE SERVICES PROPOSED CONTRACT.PDF

20.2 20.3

20.4 20.5

20.6 20.7

20.8 20.9

20.10 City Council

AGENDA REPORT
DATE: 05/22/2025
AGENDA OF: 06/10/2025
DEPARTMENT: Public Works
SUBJECT: Energy Efficiency Improvement Projects (c402306, c402307, c402308) – Notice of Completion (PW)
LOCATION: Districts 4 and 5
RECOMMENDATION: Motion to accept the work of SitelogiQ, Inc (Sacramento, CA) as completed per plans and specifications and authorize the filing of the Notice of Completion for the following projects and authorizing the Public Works Director to sign the Notice of Completion as the Owners Authorized Agent:
1) Soquel Front Garage Solar (c402306);
2) Harvey West Park Ball Field Solar (c402307); and
3) Civic Auditorium Roof, Solar and BAS (c402308)
BACKGROUND: In November 2019, the City issued an RFP for energy services to select a qualified provider for the development, implementation, and monitoring of a comprehensive energy solutions program. SitelogiQ was selected and provided a comprehensive City-wide site assessment. In August 2021, the City entered into a Letter of Agreement (LOA) for the Energy Conservation Measures (ECM) project development at three specific sites: Civic Auditorium, Soquel/Front Parking Garage, and Harvey West Park Ball Field. The resulting scope of the Energy Efficiency Improvement Projects included new roofing and advanced boiler controls at the Civic, solar arrays at the three locations, and LED ballfield lighting at Harvey West Park. On June 28, 2022 City Council approved the Facilities Solution Agreement with SitelogiQ to implement the project.

DISCUSSION: The work is now complete. The project has been inspected by staff and found to be completed in accordance with the specifications and building permit requirements.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) DETERMINATION: The project was categorically exempt from environmental review under the California Code of Regulations Title 15301, 15304, 15311, and 15329 due to project retrofits being a) part of an existing facility, b) minor alterations to the land, and c) co-generation projects at existing facilities with a capacity less than (50) megawatts.

21.1 HEALTH IN ALL POLICIES (HiAP): This project promotes the following Health in All Policies Condition: Healthy Environments by meeting the City’s Climate Action Plan 2030 with energy reduction at municipal facilities with the installation of solar, LED lighting upgrades and boiler controls system.

FISCAL IMPACT:

1. The recommendation in this report impacts the General Fund: No

2. This recommendation requires a budget adjustment: No

3. The recommendation creates an on-going expenditure commitment: No FISCAL IMPACT DESCRIPTION: The final project cost was $6,495,252 and was financed by a 20-year Tax-Exempt Municipal Loan (TEML) through Banc of America Public Capital Corp and a 20-year 1% CEC loan of $2,424,224 to fully fund Soquel/Front Garage Solar (c402306), Harvey West Park Ball Field Solar and Ballfield Lighting (c402307), and Civic Auditorium Roof, Solar, and BAS (c402308) projects. The annual net savings from implementing the energy efficiency projects averages $135,000 for the initial 20-year term from fiscal year 2023-24 to fiscal year 2042-43. The loans will be paid back through energy savings.

The repayment costs and energy savings for all three projects will positively impact Enterprise Fund 741 and General Fund 101.

Prepared By:

Filipina Warren
Public Works Operations
Manager
Submitted By:

Nathan Nguyen, P.E.

Director of Public Works
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. NOTICE OF COMPLETION.DOCX

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

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

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

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

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

2. Project Title and Number. The full name of the work of improvement/public works project (the “Project”) which is the subject of this Notice of Completion is: Energy Efficiency Project c402306, c402307, c402308

3. Nature of Work Performed on the Property or Materials Furnished for the City. The Project consisted of work described as: Civic Auditorium – new roof, solar array and Automatic Logic Corporation (ALC) boiler controls; Soquel/Front Parking garage – solar array; and Harvey West Park solar array over ballfield bleacher seats and LED lighting at all field locations

4. The general site location description or address (the “Property”) of the public improvement is located at: Civic Auditorium 307 Church Street, Soquel/Front Parking Garage 601 Front Street, Harvey West Park 275 Harvey West Blvd, Santa Cruz, CA 95060

5. Name and Address of Contractor. The Contractor on the Project is: SitelogiQ, Inc. 1651 Response Rd., Ste 300, Sacramento, CA 95815

6. Construction Lender. The name and address of the construction lender, if any, is: Banc of America Public Capital Corp, 11333 McCormick Rd, Mail Code: MD5-031-06-05, Hunt Valley, MD 21031

7. Date of Completion. The Project on the Property was completed on: April 25, 2025

8. The filing of this Notice of Completion was authorized by the Santa Cruz City Council Minute Order on Tuesday, June 10, 2025
DATE: ___________________
Nathan Nguyen
Director of Public Works, City of Santa Cruz
RECORDED AT THE REQUEST OF:

City of Santa Cruz, Public Works
Attn: Filipina Warren
WHEN RECORDED MAIL TO:

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

21.3 Notice of Completion (Revised Oct 2021)

VERIFICATION FOR THE CITY OF SANTA CRUZ
I have read the foregoing Notice of Completion and know the contents thereof, and I certify that the same is true of my own knowledge, except as to those matters which are therein stated upon my information or belief, and as to those matters I believe it to be true. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Executed on ____________________at Santa Cruz, CA
Nathan Nguyen
Director of Public Works, City of Santa Cruz

21.4 Notice of Completion (Revised Oct 2021)

PROOF OF SERVICE DECLARATION
(California Civil Code § 8118)
I, Filipina Warren, declare that I served copies of the above NOTICE OF COMPLETION on the interested parties, in the manner and at the date and place set forth below (Check One):

Direct Contractor: SitelogiQ, Inc
1501 El Camino Avenue, Ste 201
Sacramento, CA 95815
Subcontractors:

Sandbar Solar and Electric 2656 Mission St., Santa Cruz CA 95060 MBL & Sons, Inc 1698 Rogers Ave., Ste 40, San Jose CA 95112 BFP Fire Protection, Inc 17 Janis Way, Scotts Valley CA 95066 Musco Sports Lighting, LLC 100 First Ave West, Oskaloosa IA 52577 ☒ REGISTERED, CERTIFIED, OR EXPRESS MAIL: by placing the Notice in a sealed envelope with postage fully prepaid and depositing the envelope in the United States mail by registered, certified, or express mail. Documentation of such service is attached herein. ☐ OVERNIGHT DELIVERY: by causing the Notice to be picked up for overnight delivery by an express service carrier. Documentation of such service is attached herein. ☐ PERSONAL DELIVERY: by causing the Notice to be personally delivered to each of the addresses above stated on the date below.
☐ CODE OF CIV. PROC. § 415.20: by leaving the Notice and mailing a copy of the Notice in the manner provided under California Code of Civil Procedure § 415.20 for service of a summons and complaint in a civil action.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Executed on June 10, 2025, at Santa Cruz, California.

Filipina Warren

21.5 City Council

AGENDA REPORT
DATE: 05/28/2025
AGENDA OF: 06/10/2025
DEPARTMENT: Public Works/Economic Development and Housing SUBJECT: Santa Cruz Farmers’ Market Street Closures (PW/EDH) LOCATION: District 4
RECOMMENDATION: Motion to adopt a resolution establishing no-parking/tow away zones to support the Santa Cruz Farmers' Market.

BACKGROUND: The Santa Cruz Farmers’ Market (Farmers’ Market) has proudly provided local produce, food, goods, and other services to the community from its current location at Parking Lot 4 for the past 30 years. The lot is scheduled to be developed this summer into the Downtown Library Affordable Housing Project (DLAHP), a mixed-use project that will house the Downtown Library, 124 units of affordable housing, and a parking element. The development of Lot 4 spurred discussion on the future of where events like a farmers’ market and other similar events would reside. Several options were considered working in partnership with current operators who subsequently decided on utilizing an on-street/off-street model that is currently in place for other City events and used by many cities to support similar community events. Cedar Street, Church Street, and Parking Lot 16 were identified as a suitable location that could accommodate the size of the current Farmers’ Market and potential future development made this area optimal for the current operators. Parking Lot 3 on Cedar Street was also identified as an area where event supporting resources could be stored.

DISCUSSION: With the move identified to Cedar Street, Church Street, and Lot 16 locations, staff reviewed the impacts to parking and regulatory changes that need to transpire. Pursuant to the California Vehicle Code (CVC) 22651 and the Santa Cruz Municipal Code (SCMC) as defined in Chapter 10, sections 10.08 through 10.60, the City has the authority to place regulatory signage and designate removal of vehicles in those areas by resolution.

Staff proposes the adoption of a resolution titled “Resolution of the City Council of the City of Santa Cruz Establishing No-Parking/Tow Away Zones Needed to Support the Santa Cruz Farmers’ Market” that would designate the areas outlined below as “No Parking/Tow Away” zones and allow City staff as outlined in the CVC 22651 to conduct the towing of vehicles from these public spaces when necessary to conduct the event. Closure of these spaces and removal of vehicles is specific to every Wednesday throughout the year between the hours of 10:00AM – 6:00PM.

22.1 Cedar Street – 800 Block
Church Street – 200 Block
Lot 16
Lot 3
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) DETERMINATION: This action and adoption of the resolution does not meet the criteria to qualify as a project as defined by CEQA.

HEALTH IN ALL POLICIES (HiAP): The Farmers’ Market is consistent with the HiAP framework, especially the pillars of health and wellness, healthy environments and thriving families community connectedness. It promotes health and wellness and healthy environments by showcasing regional organic produce, pasture-raised meats, eggs and dairy, sustainablyharvested seafoods and artisan-made goods. It supports thriving families community connectedness by giving the community an opportunity to purchase the freshest, and healthiest foods while supporting local jobs. Adoption of the resolution furthers the Farmers’ Market’s efforts in enhancing the City’s HiAP.

FISCAL IMPACT:

1. The recommendation in this report impacts the General Fund: No

2. This recommendation requires a budget adjustment: No

3. The recommendation creates an on-going expenditure commitment: No FISCAL IMPACT DESCRIPTION: This action is currently not anticipated to impact either the General Fund or the Parking Fund as there is a revenue offset through the event permit and fees associated with parking space closures. There are no anticipated long-term commitments from this action.

Prepared By:

Gaven B. Hussey
Parking Program Manager
Jennifer Shelton
Principal Management
Analyst
Submitted By:

Nathan Nguyen, P.E.

Director of Public Works
Bonnie Lipscomb
Director of Economic
Development and Housing
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. RESOLUTION.DOCX

22.2 RESOLUTION NO. NS-XX,XXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ

ESTABLISHING NO-PARKING / TOW AWAY ZONES NEEDED TO SUPPORT THE SANTA CRUZ FARMERS’ MARKET
WHEREAS, the Santa Cruz Farmers’ Market will take place every Wednesday in the City’s Parking Lot 16, the 800 block of Cedar Street, and the 200 block of Church Street, and will require exclusive use of the roadway and Lot 16 between 10:00AM and 6:00PM; and WHEREAS, the Santa Cruz Farmers’ Market will require consistent use of approximately 4 parking spaces within Parking Lot 3 to store market materials for the duration of the market; and WHEREAS, Santa Cruz Municipal Code (SCMC) section 10.40.030 authorizes the City’s traffic engineer to maintain, by appropriate signs or by paint upon the curb surface, all no stopping zones, no parking areas, and restricted parking areas, as defined in Chapters 10.08 through 10.60; and
WHEREAS, California Vehicle Code (CVC) section 22651(n) authorizes a peace officer or regularly employed city employee to remove parked vehicles where a resolution authorizes the removal of vehicles and signs are posted giving notice; and WHEREAS, the SCMC authorizes Santa Cruz Police Department officers to remove parked vehicles “when such parking or standing is prohibited by ordinance or resolution of this city and signs are posted giving notice of such removal” (SCMC 10.12.100); and WHEREAS, the SCMC also authorizes the towing and removal of vehicles parked in violation of authorized parking control signs in conjunction with certain special events (SCMC

10.64.150 and 10.64.330).

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

1. No Parking / Tow-Away Zones are hereby established in Parking Lot 16, the 200 block of Church St., and the 800 block of Cedar St. on Wednesdays between 10:00 AM and 6:00 PM.

2. A No Parking / Tow-Away Zone, consisting of no more than 6 parking spaces, is hereby established all day, every day in Parking Lot 3.

3. City staff is directed to install the appropriate signs informing the public of the above-referenced No Parking / Tow-Away Zones.

22.3 RESOLUTION NO. NS-XX,XXX

4. Vehicles that are parked in these No Parking / Tow-Away Zone in violation of the appropriate signs may be removed in accordance with those signs, the California Vehicle Code, and the Santa Cruz Municipal Code.

PASSED AND ADOPTED this 10th day of June, 2025 by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

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

22.4 City Council

AGENDA REPORT
DATE: 05/22/2025
AGENDA OF: 06/10/2025
DEPARTMENT: Public Works
SUBJECT: Materials Recovery Facility (MRF) Stormwater Treatment System – Notice of Completion (PW)
LOCATION: District 6
RECOMMENDATION: Motion to accept the work of Tidal Vision Products, Inc. (Rodeo, CA) as completed per plans and specifications and authorize the filing of the Notice of Completion for the MRF Stormwater Treatment System (c402111) and authorize the Public Works Director to sign the Notice of Completion as the Owner’s Authorized Agent.

BACKGROUND: At its April 9, 2024 meeting, City Council approved the authorization to advertise and award a contract for Material Recover Facility (MRF) Stormwater Treatment System for the Santa Cruz Resource Recovery Facility (SCCRF). On Sept 17, 2024, two proposals were opened and reviewed by Public Works staff. On October 16, 2024, the project was awarded to the most qualified vendor, Tidal Vision Products, Inc., for providing a seasonal stormwater treatment system for the recycling center. Mobilization began on November 19, 2024, and work included setting up three (3) 20,000 gallon tanks, sand filtration system, system control unit, and the necessary pumps and piping.

DISCUSSION: The work for this project is now complete and the system has been demobilized. The total project cost for the seasonal system was $194,882.00. The project has been inspected by staff and found to be completed in accordance with the specifications.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) DETERMINATION: The MRF Stormwater Treatment System qualifies for a Class 1 Categorical Exemption because the temporary system is a minor alteration of existing facilities involving no significant effect on the environment.

HEALTH IN ALL POLICIES (HiAP): This program promotes the following Health in All Policies Conditions: The seasonal storm water treatment system at the SCRRF contributes to the Healthy Environments pillar of Health in All Policies Conditions. It addresses the CORE Community Indicators of “Concern for the environment” and “Environmental stewardship” by reducing contaminants that would otherwise escape from the SCRRF.

23.1 FISCAL IMPACT:

1. The recommendation in this report impacts the General Fund: No

2. This recommendation requires a budget adjustment: No

3. The recommendation creates an on-going expenditure commitment: No FISCAL IMPACT DESCRIPTION: The total project cost for the seasonal system was $194,882.00. and was funded from FY 2025 Refuse Fund Capital Investment Program (CIP) project (c402111). There is no impact to the General Fund.

Prepared By:

Hoi Yu
Associate Professional
Engineer
Submitted By:

Nathan Nguyen, P.E.

Director of Public Works
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. NOTICE OF COMPLETION.DOCX

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

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

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

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

1. The Owner’s Name and Address. The Project owner is the City of Santa Cruz, a municipal corporation (the “City”). The City’s mailing address is 809 Center Street, Room 201, Santa Cruz, California 95060.

The City of Santa Cruz has the following interest in the subject Property described below: City Property

2. Project Title and Number. The full name of the work of improvement/public works project (the “Project”) which is the subject of this Notice of Completion is: MRF Stormwater Treatment System (c402111)

3. Nature of Work Performed on the Property or Materials Furnished for the City. The Project consisted of work described as: Installation of seasonal stormwater treatment system at the Resource Recovery Facility.

4. The general site location description or address (the “Property”) on which the Project was constructed is located in the City of Santa Cruz, County of Santa Cruz, State of California at: 605 Dimeo Ln, Santa Cruz, CA 95060

5. Name and Address of Contractor. The Contractor on the Project is: Tidal Vision Products, Inc. 2825 Franklin Canyon Rd., Rodeo, CA 94572

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

7. Date of Completion. The Project on the Property was completed on: April 30, 2025

8. The filing of this Notice of Completion was authorized by the Santa Cruz City Council Minute Order on Tuesday, June 10, 2025
DATE: ___________________
Nathan Nguyen
Director of Public Works, City of Santa Cruz
RECORDED AT THE REQUEST OF:

City of Santa Cruz, Public Works
Attn: Hoi Yu
WHEN RECORDED MAIL TO:

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

23.3 Notice of Completion (Revised Oct 2021)

VERIFICATION FOR THE CITY OF SANTA CRUZ
I have read the foregoing Notice of Completion and know the contents thereof, and I certify that the same is true of my own knowledge, except as to those matters which are therein stated upon my information or belief, and as to those matters I believe it to be true. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Executed on June 10, 2025, at Santa Cruz, CA
Nathan Nguyen
Director of Public Works, City of Santa Cruz

23.4 Notice of Completion (Revised Oct 2021)

PROOF OF SERVICE DECLARATION
(California Civil Code § 8118)
I, Hoi Yu, declare that I served copies of the above NOTICE OF COMPLETION on the interested parties, in the manner and at the date and place set forth below (Check One):

Direct Contractor: Tidal Vision Products, Inc.
2825 Franklin Canyon Rd, Rodeo, CA 94572
Claimant(s) Who None
Has/Have Provided
Preliminary Notice(s):
☒ REGISTERED, CERTIFIED, OR EXPRESS MAIL: by placing the Notice in a sealed envelope with postage fully prepaid and depositing the envelope in the United States mail by registered, certified, or express mail. Documentation of such service is attached herein. ☐ OVERNIGHT DELIVERY: by causing the Notice to be picked up for overnight delivery by an express service carrier. Documentation of such service is attached herein. ☐ PERSONAL DELIVERY: by causing the Notice to be personally delivered to each of the addresses above stated on the date below.
☐ CODE OF CIV. PROC. § 415.20: by leaving the Notice and mailing a copy of the Notice in the manner provided under California Code of Civil Procedure § 415.20 for service of a summons and complaint in a civil action.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Executed on June 10, 2025, at Santa Cruz, California.

Hoi Yu

23.5 City Council

AGENDA REPORT
DATE: 05/22/2025
AGENDA OF: 06/10/2025
DEPARTMENT: Public Works
SUBJECT: Neary Lagoon Tule and Sediment Removal Project (m409668) – Approval of Plans and Specifications and Authorization to Advertise for Bids and Award Contract (PW)
LOCATION: District 3
RECOMMENDATION: Motion to:
1) Approve the plans and specifications for the Neary Lagoon Tule and Sediment Removal Project (m409668) and authorize staff to advertise for bids and award the contract. The City Manager is hereby authorized and directed to execute the contract as authorized by Resolution No. NS-27,563. The Public Works Director is authorized to execute change orders within the approved project budget; and
2) Exempt the project from Municipal Code section 3.10 - local hire requirements.

BACKGROUND: The City of Santa Cruz (City) Wastewater Treatment Facility (WWTF) Advanced Primary and Secondary expansion projects have required an Environmental Impact Reports (EIR) under the California Environmental Quality Act (CEQA). Past EIRs have identified loss of wetland and riparian habitats as project impacts. The Neary Lagoon Management Plan (NLMP) was adopted in 1992 by City Council and approved by the California Coastal Commission. In October 2006, the Neary Lagoon Sedimentation Management Plan was approved by City Council. These plans outline goals and management strategies to improve and maintain the habitat in Neary Lagoon. In order to mitigate impacts from past projects, the City performs habitat restoration and enhancement projects including the Tule and Sediment Removal Project.

The purpose of the Neary Lagoon Tule and Sediment Removal Project is to conduct bi-annual marsh vegetation removal (primarily tules) and sediment dredging in Neary Lagoon (see referenced Location Map). Dredging and vegetation management provides the following benefits:

1. Increase water circulation and flow rates

2. Improve water quality

3. Maintain an equal ratio of fresh water marsh to open water area as specified in the NLMP.

24.1 4. Enhance habitat for western pond turtles, waterfowl and water birds DISCUSSION: The project work to be done consists of vegetation removal and sediment removal/dredging. Vegetation removal, primarily tules, cattails and yellow iris, will be conducted in various locations of the lagoon. Yellow iris removal and vegetation management will also occur in the northern area of the lagoon. Sediment removal/dredging will be conducted in the upper area of the lagoon near Laurel Creek. Tule and sediment removal is accomplished using specialized equipment that are essentially barge-mounted backhoes, with a “clam bucket attachment,” to accommodate working in very shallow waters.

Barge mounted backhoes are considered highly specialized equipment, and a limited number of contractors own and operate this specialized equipment. Section 3.10 of the Santa Cruz Municipal Code describes the Local Hiring requirements and includes provisions for 1) making good faith efforts to hire qualified individuals who reside within Santa Cruz Countyand 2) making good faith efforts to employ apprentices. There is an exception clause for projects that involve the use of highly specialized equipment and skilled and experienced employees. Due to the highly specialized nature of the equipment, staff is recommending exemption from local employment requirement as allowed for in Municipal Code section 3.10.080. The contract will maintain the requirements for apprentice hiring.

Plans and specifications for the project can be found online at:
https://www.cityofsantacruz.com/government/city-departments/public-works/engineering/publicworks-projects CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) DETERMINATION: The environmental review process and (Mitigated) Negative Declaration was completed in accordance with the State CEQA guidelines and the local City of Santa Cruz CEQA guidelines and procedures. The CEQA Notice of Intent (NOI) was posted on 2/8/2021 with a review period ending on 3/9/2021. The City received minor comments from one agency that were subsequently addressed. The Notice of Determination (NOD) was filed on April 22, 2021.

HEALTH IN ALL POLICIES (HiAP): This project promotes the following Health in All Policies Conditions:

Health and Wellness- The project promotes access to recreational spaces with exercise opportunities (i.e. walking, running, etc.).

Heathy Environments- The project promotes a clean and safe natural lagoon environment and supports habitat health and well-being. The proposed project also helps provide a safe environment by maintaining flood control areas. The project also promotes connectedness of urban areas to open spaces. The project also promotes environmental stewardship by maintaining an environment which provides the community opportunity to learn about local wildlife, birds, and fish.

FISCAL IMPACT:

1. The recommendation in this report impacts the General Fund: No

2. This recommendation requires a budget adjustment: No

3. The recommendation creates an on-going expenditure commitment: No

24.2 FISCAL IMPACT DESCRIPTION: Funds are available in the Wastewater Capital Improvement Program Fund FY 2026 budget in m409668- Tule and Sediment Removal Project.

The construction cost estimate to complete the project is $550,000 . There is no impact to the General Fund.

Prepared By:

Eric Dhakni
Associate Planner II
Submitted By:

Nathan Nguyen, P.E.

Director of Public Works
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

None.

24.3 City Council

AGENDA REPORT
DATE: 05/22/2025
AGENDA OF: 06/10/2025
DEPARTMENT: Water
SUBJECT: Award Contract to Clean Lakes, Inc. for Cyanobacteria Management (WT) LOCATION: County
RECOMMENDATION: Motion to award a contract to Clean Lakes, Inc. (Martinez, CA) for cyanobacteria management services in an amount not to exceed $700,000.

BACKGROUND: Loch Lomond Reservoir is a man-made lake located in the Santa Cruz Mountains within Santa Cruz County, California. Located near the town of Ben Lomond, the reservoir lies within the watershed of Newell Creek, a tributary of the San Lorenzo River. The reservoir was created in the 1960s by the construction of the Newell Creek Dam and is managed by the City of Santa Cruz Water Department (SCWD) for both raw water storage as well as for recreation.

As a surface water storage facility, Loch Lomond plays a vital role in the City's overall water supply system. It has a capacity of approximately 2.8 billion gallons and serves as the primary storage reservoir for the SCWD. The water stored in Loch Lomond is sourced from Newell Creek and the San Lorenzo River, via the Felton Diversion, and is used to supplement water supplies during periods of high demand, especially in summer and during drought years. Because Santa Cruz relies entirely on local sources of surface water—with no access to imported water— Loch Lomond provides essential seasonal and emergency storage.

Managing the lake extends into the watershed and includes forested buffer zones that help maintain the ecological health of the watershed, reduce sedimentation, and protect the quality of the water before it reaches treatment facilities.

Naturally occurring nutrient loading from external sources and internal recycling of nutrients from bottom sediments can lead to the proliferation of cyanobacteria (blue-green algae) and other nuisance algae. These algal blooms can degrade water quality, complicate water treatment processes, and negatively impact the aesthetic and recreational value of the reservoir. More importantly, some cyanobacteria species produce harmful cyanotoxins that can pose serious risks to human health, pets, and wildlife if not managed proactively.

Effective management of cyanobacteria blooms and potential associated toxins is a crucial and ongoing focus of the SCWD. Addressing these issues requires a rapid, coordinated response

25.1 involving monitoring and the application of algaecides, nutrient attenuation strategies, and/or phosphorus mitigation treatments. All treatments are done in accordance and close collaboration with City staff and water quality and resource regulatory agency partners. Products applied to the City’s reservoir and other similar facilities are all approved by the National Sanitation Foundation (NSF-60) as products that have been tested and certified by NSF to meet specific health effects requirements.

DISCUSSION: With concurrence from the Purchasing Manager, the Water Department recommends awarding the contract for application of algaecides, nutrient attenuation strategies, and phosphorus mitigation treatments from Clean Lakes, Inc. to support the Department’s mission to provide a clean, safe, and reliable supply of water to its customers. Effectively managing cyanobacteria blooms is vital to the Water Department’s ability to provide water to the community served.

Clean Lakes, Inc. has been providing specialized aquatic application services at Loch Lomond Reservoir for over 20 years. Their long-standing experience, familiarity with the reservoir and surrounding community’s unique conditions, and proven track record make them uniquely qualified to continue this work. Therefore, the use of Clean Lakes, Inc. as a sole-source provider is warranted.

The Purchasing Manager has reviewed the proposed contract and supports the non-competitive award, as authorized under Santa Cruz Municipal Code Section 3.08.150.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) DETERMINATION: The use of copper to control aquatic weeds in Loch Lomond Reservoir underwent a CEQA review process in 2005. An Initial Study and Mitigated Negative Declaration was prepared and a Notice of Determination (NOD) was filed on May 11, 2005. A subsequent addendum was prepared in 2011, and a NOD was filed on February 3, 2011.

The City filed a Notice of Exemption for 2025 Loch Lomond Alum Application on May 2, 2025.

HEALTH IN ALL POLICIES (HiAP): Loch Lomond Reservoir is a critical multi-use water body that serves as the sole surface water storage reservoir for the SCWD. By improving water quality and enhancing system reliability, this project supports the sustainability and public health pillars of the City’s HiAP initiative. It also enables the Water Department to implement and sustain actions that reduce vulnerabilities and risks from hazards, as well as mitigate their effects on people and property.

FISCAL IMPACT:

1. The recommendation in this report impacts the General Fund: No

2. This recommendation requires a budget adjustment: No

3. The recommendation creates an on-going expenditure commitment: No FISCAL IMPACT DESCRIPTION: There are adequate funds in the Water Department’s Operating budget for this purchase.

25.2 Prepared By:

Evanda Goad
Management Analyst
Submitted By:

Heidi Luckenbach
Water Director
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. PROFESSIONAL SERVICES AGREEMENT WITH CLEAN LAKES, INC.PDF

2. SOLE SOURCE VENDOR MEMO.DOCX

25.3 City of Santa Cruz Professional Services Agreement for Pest Control at Loch Lomond June 2025 (Form Rev.03/25 ) Page 1
Professional Services Agreement With
CLEAN LAKES, INC.

For PEST CONTROL AT LOCH LOMOND
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) for professional services is made by and between the City of Santa Cruz (“City”) and Clean Lakes, Inc. (“Consultant”) (each is referred to individually as a “Party” and collectively, as the “Parties”) as of ____________, 20__ (the “Effective Date”).

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

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

SECTION 2: RESPONSIBILITIES OF CONSULTANT
All services 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. City shall compensate Consultant for such additional work on the same basis as provided for in Section 4.

If, in performing the services, 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 or authority.

Consultant shall meet with Heidi Luckenbach, Director of the Water Department, hereinafter called "Director", or other designated and authorized City personnel, and/ or third parties as necessary, on all matters connected with carrying out Consultant’s services described in Exhibit A. Such meetings shall be held at the request of either Party.

Consultant shall obtain City’s review and acceptance of completed work monthly, or at other intervals as may be mutually agreed upon during the term of this Agreement. Review or acceptance of Consultant’s work by City or its designee 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 data and information in the City’s possession necessary to carrying out and completing the services 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 City staff person to serve as their representative with respect to this Agreement.

Consultant’s work 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

25.4 City of Santa Cruz Professional Services Agreement for Pest Control at Loch Lomond June 2025 (Form Rev.03/25 ) Page 2
delayed. If the work is not acceptable, City will inform Consultant of the changes or revisions necessary to secure acceptance.

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 shall apply.

Variations from the budget for each task which are justified by statements indicating personnel time expended and submittal of a revised budget are only allowed with prior City approval; however, in no event shall the total fee charged for the Scope of Work set forth in Exhibit A exceed the budget of $700,000.00 without advance written City authorization in the form of an amendment or change order.

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

All invoices shall contain the following affidavit signed by Consultant (if individual) or by an authorized representative of Consultant (if Consultant is an entity):
“[I] or [As an authorized representative of Consultant, I] hereby certify that the charge of (Insert invoice amount) as summarized above and shown in detail on the attachments is in accordance with the terms of the Agreement by and between the City of Santa Cruz and (Insert Party Name) 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 Scope of Work covered by this Agreement. If funding is reduced or deleted for the Scope of Work 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 any reduced amount.

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

SECTION 6: CHANGES IN WORK
City may negotiate changes to the Scope of Work. No changes to the Scope of Work shall be made without the prior written agreement between 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.

25.5 City of Santa Cruz Professional Services Agreement for Pest Control at Loch Lomond June 2025 (Form Rev.03/25 ) Page 3
SECTION 7: TERM AND SCHEDULE
The term of this Agreement shall be for 2 years commence on the effective date of this Agreement and terminate on upon completion of the Scope of Work. At the option of the City, this Agreement may be renewed for a second and third two-year term under the same contractual terms and conditions by letter agreement.

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

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

Neither party shall 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 under this Agreement.

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

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

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

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

Consultant may terminate this Agreement for cause if the City fails to cure a material default in performance of its obligations under this Agreement 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 60 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

25.6 City of Santa Cruz Professional Services Agreement for Pest Control at Loch Lomond June 2025 (Form Rev.03/25 ) Page 4
by City due to failure of the Consultant to perform pursuant to the Agreement. City may withhold any payments to Consultant for the purpose of set-off until such time as the exact amount of damages due City from Consultant is determined. After the effective date of termination, Consultant will have no further claims against the City under the Agreement. No other compensation will be payable for anticipated profit on unperformed services.

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

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

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

SECTION 11: EQUAL EMPLOYMENT OPPORTUNITY/NON-DISCRIMINATION POLICIES City’s policies promote a working environment free from abusive conduct, discrimination, harassment, and retaliation; and require equal opportunity in employment for all regardless of race, religious creed (including religious dress and grooming practices), color, national origin (including language use restrictions), ancestry, 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.

25.7 City of Santa Cruz Professional Services Agreement for Pest Control at Loch Lomond June 2025 (Form Rev.03/25 ) Page 5
SECTION 13: AMENDMENTS
This Agreement may not be amended in any respect except by way of a written instrument which expressly references and identifies this particular Agreement, which expressly states that its purpose is to amend this particular Agreement, and which is duly executed by the City and Consultant. Consultant acknowledges that no such amendment shall be effective until approved and authorized by the City’s authorized representative. No representative of the City is authorized to obligate the City to pay the cost or value of services beyond the scope of services set forth in Exhibit A.

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

SECTION 14: MISCELLANEOUS PROVISIONS

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

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

25.8 City of Santa Cruz Professional Services Agreement for Pest Control at Loch Lomond June 2025 (Form Rev.03/25 ) Page 6
Consultant. Consultant’s obligation to pay its subconsultants is an independent obligation from the City’s obligation to make payments to the Consultant.

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

7. Conflicts of Interest. Consultant agrees to comply with conflict of interest 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, (Gov’t. Code §§1090, 87100), Levine Act (Gov’t. Code §84308), and the City’s conflict of interest code. Consultant will immediately advise City if Consultant learns of a conflicting financial interest of Consultant during the term of this Agreement.

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

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

Consultant’s final deliverables shall comply with Section 508 (29 U.S.C. Section 794d) accessibility requirements, as applicable. Notwithstanding any other provision of this Agreement to the contrary, Consultant shall retain the rights in any pre-existing standard drawing details, designs, specifications, databases, computer software, proprietary information, documents, templates, and any other property owned by Consultant on the date of this Agreement or developed outside of this Agreement.

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

25.9 City of Santa Cruz Professional Services Agreement for Pest Control at Loch Lomond June 2025 (Form Rev.03/25 ) Page 7
or service; or (ii) replace or modify the product or service so that it becomes non-infringing; or (iii) if none of the foregoing alternatives are possible even after Consultant’s commercially reasonable efforts, in addition to other available legal remedies, City will have the right to return the product or service and receive a full or partial refund of an amount equal to the value of the returned product or service, less the unpaid portion of the purchase price and any other amounts, which may be due to the Consultant. City shall have the right to retrieve its data and proprietary information at no charge prior to any return of the product or termination of service.

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

Consultant shall not charge City for any expenses associated with Consultant’s compliance with these obligations.

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

25.10 City of Santa Cruz Professional Services Agreement for Pest Control at Loch Lomond June 2025 (Form Rev.03/25 ) Page 8
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 (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:

25.11 City of Santa Cruz Professional Services Agreement for Pest Control at Loch Lomond June 2025 (Form Rev.03/25 ) Page 9
a. If a worker is paid less than the applicable prevailing wage rate owed for a calendar day (or any portion thereof), Consultant shall pay the worker the difference between the prevailing wage rate and the amount actually paid for each calendar day (or portion thereof) for which the worker(s) was paid less than the prevailing wage rate, as specified in Labor Code section 1775; b. Consultant shall maintain and make available payroll and worker records in accordance with Labor Code sections 1776 and 1812;
c. If Consultant employs (and/or is legally required to employ) apprentices in performing the work and/or services under this Agreement, Consultant shall ensure compliance with Labor Code section 1777.5; d. Consultant is aware of the limitations imposed on overtime work by Labor Code sections 1810 et seq. and shall be responsible for any penalties levied in accordance with Labor Code section 1813 for failing to pay required overtime wages;
e. Consultant shall post a copy of the applicable wage rates at each jobsite at a location readily available to its workers.
f. Any failure of Consultant and/or its subconsultant to comply with the above requirements relating to a public work project shall constitute a breach of this Agreement that excuses the City’s performance of this Agreement at the City’s sole and absolute option and shall be at the sole risk of Consultant. Consultant on behalf of itself and any subconsultant, agree to indemnify, defend and hold harmless the City and its officials, officers, employees, and agents from and against any and all claims, liabilities, losses, costs, expenses, attorney’s fees, damages, expenses, fines, financial consequences, interest, and penalties, of any kind or nature, arising from or relating to any failure (or alleged failure) of the Consultant and any subconsultant to pay prevailing wages or to otherwise comply with the requirements of prevailing wage law relating to a public work.
g. Consultant acknowledges that it and/or any subconsultant may not engage in the performance of any contract for public work unless currently registered with the DIR and qualified to perform public work pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].

17. Storm Water Requirements. To the extent applicable to the Scope of Work under this Agreement, Consultant, Consultant’s employees, subcontractors, and agents are required to abide by the applicable City of Santa Cruz Storm Water Best Management Practices (BMPs) for the duration of the work. The City’s mandatory Storm Water BMPs, which are listed according to the type of work, operations, or business, are located on the City 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

25.12 City of Santa Cruz Professional Services Agreement for Pest Control at Loch Lomond June 2025 (Form Rev.03/25 ) Page 10
Public Contract Code sections 9204(e), 20104-20104.6, but without waiving the requirements of the California Tort Claims Act, Gov’t Code section 800 et seq. unless otherwise agreed to by the Parties.

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

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

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

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

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

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

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

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:

Water Department
Lindsay Neun
715 Graham Hill Road
Santa Cruz, CA 95060
831-420-5486/
[email protected]
To CONSULTANT:

Clean Lakes, Inc.

Andrew McNabb
2150 Franklin Canyon Road
Martinez, CA 94553
[email protected]

25.13 City of Santa Cruz Professional Services Agreement for Pest Control at Loch Lomond June 2025 (Form Rev.03/25 ) Page 11
The Parties must provide notice of any changes to the above information in writing at least 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]

25.14 City of Santa Cruz Professional Services Agreement for Pest Control at Loch Lomond June 2025 (Form Rev.03/25 ) Page 12

2. Signature Requirements for Business 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 Approved As To Form:

By: _____________________________ Date: __________________ Ashley Wheelock, Office of the City Attorney

CITY OF SANTA CRUZ
By: ______________________________ Date: _________________ Matt Huffaker, City Manager
Technical Review
By: ______________________________ Date: _________________ Evanda Goad, Water Department
CONSULTANT, CLEAN LAKES, INC.

By: _____________________________ Date: _May 13, 2025_________________ Printed: Thomas J McNabb
_____________________________
Title: President______
Date: __________________
Printed: ___________________________ Title: __________________ May 13, 2025
5/14/2025

25.15 City of Santa Cruz Professional Services Agreement for Pest Control at Loch Lomond June 2025 (Form Rev.03/25 ) Page 13
EXHIBIT A: SCOPE OF WORK
Scope of Services

1.Description of Services. Clean Lakes Inc. agrees to perform the following Services, including but not limited to:

1. Provide a budget, costs and estimates to complete the requested treatment

2. Based on data provided by the City of Santa Cruz Water Department, provide a Pest Control Recommendation one day prior to treatment

3. Provide a Site Specific Safety Plan to the City of Santa Cruz Water Department one day prior to treatment

4. Perform the application in Loch Lomond Reservoir according to the Pest Control Recommendation, provide all labor, technical advice (Pest Control Advisor and Qualified Applicator License or Qualified Applicator Certificate), watercraft, and a precision application with Global Positioning System (GPS) tracking.

5. Provide a Treatment Report within 15 working days following each treatment. a. This report shall entail a written description of the work performed, a listing of the licensed applicators and other staff who were involved with the treatment, equipment used and the treatment methodology. b. The Treatment Report shall also contain the area of coverage (includes number of surface acres, depths, and volume), the application rate (both ppm and gallons per acre-foot), the total volume of algaecide applied and GPS treatment data in digital format that was collected during the treatment. The treatment area shall be downloaded and overlayed onto an existing aerial photo of the specified reservoir for documentation and regulatory reporting.
c. The report will also provide an appendix with copies of the Aquatic Weed Control National Pollution Discharge Elimination System (NPDES) Aquatic Pesticide Application Log and any other applicable California Department of Pesticide Regulation forms.

Clean Lakes Inc. shall document the aquatic algaecide treatment through the use of GPS data collection equipment to record the path of the treatment boats across the treatment areas within Loch Lomond Reservoir.

Treatments, once started, must be fully completed prior to Clean Lakes Inc demobilizing from the site.

All work performed by Clean Lakes Inc. must conform to and comply with the requirements of all applicable permits, licenses and environmental mitigation requirements developed under the California Environmental Quality Act (CEQA).

A Treatment Report shall be prepared by Clean Lakes Inc. and submitted to the City of Santa Cruz Water Department presenting a summary of the treatment within 15 working days following each treatment.

Clean Lakes Inc. will work under the direction of the City’s Water Quality Manager which will provide the following: up-to-date limnology data relevant to the treatment, a witness for the decontamination of boats and equipment, the required amount of chemicals necessary for the treatment, any water discharge permit

25.16 City of Santa Cruz Professional Services Agreement for Pest Control at Loch Lomond June 2025 (Form Rev.03/25 ) Page 14
modifications and notifications required for an application, and any water quality monitoring associated with the algaecide application that may be required by water discharge permits, if any.

The following is a detailed description of the tasks required to complete the assignment:

Task 1 Provide a budget, costs and estimate to complete the requested treatment in accordance with the determined treatment plan and cost projections at the beginning of the fiscal year.

Task 2 Review data with the City of Santa Cruz Water Department to formulate a Pest Control Recommendation and determine the required dosage and total volume of chemical required to complete that treatment.

Task 3 Provide a Site Specific Safety Plan to perform a treatment on Loch Lomond Reservoir.

Task 4 Perform the application in Loch Lomond Reservoir according to the Pest Control Recommendation; provide all labor, technical advice (Pest Control Advisor and Qualified Applicator License or Qualified Applicator Certificate), watercraft, and a precision application using GPS tracking for the specified reservoir.

Task 5 Provide a Treatment Report within 15 working days following each treatment.

25.17 City of Santa Cruz Professional Services Agreement for Pest Control at Loch Lomond June 2025 (Form Rev.03/25 ) Page 15
EXHIBIT B: FEE SCHEDULE
Consultant will prepare and provide a budget before undertaking any other portion of the Scope of Work. Work under this agreement is on-call and each time work is performed a budget and the treatment plan proposed, as well as the timeline for that work will be provided to the City and Director will have to agree to that budget, proposed work, and timeline before work may commence.

For preparation and creation of a budget(s) and pest control recommendation treatment plan(s), Consultant will bill no more than $2500 per year. Consultant will perform such work at an hourly rate of no more than $150 per hour.

25.18 City of Santa Cruz Professional Services Agreement for Pest Control at Loch Lomond June 2025 (Form Rev.03/25 ) Page 16
EXHIBIT C: WORK SCHEDULE
Consultant will prepare and provide a timeline before undertaking any portion of the Scope of Work besides creating a budget and treatment plan. Work under this agreement is on-call and each time work is performed a budget and the treatment plan proposed, as well as the timeline for that work will be provided to the City and Director will have to agree to that budget, proposed work, and timeline before work may commence.

25.19 City of Santa Cruz Professional Services Agreement for Pest Control at Loch Lomond June 2025 (Form Rev.03/25 ) Page 17
EXHIBIT D: INSURANCE REQUIREMENTS
Consultant shall procure and maintain insurance against claims for injuries to persons or damages to property and otherwise which may arise from or in connection with the performance of the work under this Agreement and the results of that work by Consultant, its agents, representatives, employees, or subcontractors.

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

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

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

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

25.20 City of Santa Cruz Professional Services Agreement for Pest Control at Loch Lomond June 2025 (Form Rev.03/25 ) Page 18
• AUTOMOBILE LIABILITY:

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

The Worker’s Compensation policy must be endorsed with a waiver of subrogation in favor of the City for all work performed by the Consultant and its employees. (Not required if Consultant provides written verification it has no employees) - If Consultant has no employees, Consultant shall complete and sign a Workers’ Compensation Exemption Declaration and Release of Liability.

C. OTHER INSURANCE PROVISIONS
The insurance policies are to comply with the following provisions:
• ADDITIONAL INSURED STATUS
The City, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of Consultant including materials, parts, or equipment furnished in connection with such work or operations, products and completed operations. General liability coverage will be provided in the form of an endorsement to Consultant’s insurance at least as broad as ISO Form CG 20 10 11 85, or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 (if a later edition is used).
• 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

25.21 City of Santa Cruz Professional Services Agreement for Pest Control at Loch Lomond June 2025 (Form Rev.03/25 ) Page 19
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. • 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 listing all policy endorsementsto 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.

25.22 WATER DEPARTMENT

MEMORANDUM
DATE: April 18, 2025
TO: Elizabeth Millwee, Purchasing Manager
FROM: Lindsay Neun, Water Quality Manager
Evanda Goad, Management Analyst
SUBJECT: Single Source Justification for Clean Lakes Inc. (CLI) Background:

The purpose of this memorandum is to justify the sole-source procurement of aquatic application services from Clean Lakes Inc. (CLI) for work at Loch Lomond Reservoir.

Loch Lomond Reservoir is a critical multi-use water body that serves as the primary source of drinking water for the City of Santa Cruz Water Department. In addition to its vital role in water supply, it is also an important recreational resource, offering boating, fishing, and hiking opportunities within the Loch Lomond Recreation Area.

Nutrient loading—both from external sources and internal recycling of nutrients from bottom sediments— can lead to the proliferation of cyanobacteria (blue-green algae) and other nuisance algae. These algal blooms can degrade water quality, complicate water treatment processes, and negatively impact the aesthetic and recreational value of the reservoir. More importantly, some cyanobacteria species produce harmful cyanotoxins, posing serious risks to human health, pets, and wildlife.

Effectively managing cyanobacteria blooms and the associated toxins at Loch Lomond Reservoir remains an ongoing challenge. Addressing these issues requires a rapid, coordinated response involving the application of algaecides, nutrient attenuation strategies, and phosphorus mitigation treatments.

Clean Lakes Inc. has been providing specialized aquatic application services at Loch Lomond Reservoir for over 20 years. Their long-standing experience, familiarity with the reservoir’s unique conditions, and proven track record make them uniquely qualified to continue this work. Therefore, the use of CLI as a sole-source provider is warranted.

General Qualifications:

CLI has been providing aquatic ecosystem restoration and maintenance services to governmental and private sector clients worldwide since the 1970s. Since the early 1980s, they have played an active role in managing and controlling invasive and exotic plant species throughout the Western United States.

CLI offers a range of specialized capabilities that are critical to the continued protection and management of Loch Lomond Reservoir’s water supply. They are the only vendor in Northern California with the comprehensive combination of technical expertise, regulatory knowledge, specialized equipment,

25.23 proprietary technology, rapid response capability, and in-depth historical familiarity with Loch Lomond Reservoir.

These qualifications enable CLI to provide the full scope of services required for the purchase, storage, transportation, and application of aquatic treatment products in compliance with California regulatory standards—including the Pesticide General Permit (PGP) issued under the state or federal National Pollutant Discharge Elimination System (NPDES).

CLI’s staff are widely recognized industry experts and are regularly retained for long-term projects by agencies such as the California Division of Boating and Waterways (DBW), California Department of Water Resources (DWR), San Francisco Public Utilities Commission (SFPUC), Valley Water, and other public entities.

Reason for Non-competitive Agreement
CLI is the developer of the patented LittLine® System, an innovative technology designed for the precise application of algaecides, herbicides, and other aquatic vegetation treatments in the littoral zone—the nearshore area of lakes and ponds. The major differences between LittLine® technology and conventional trailing hose application methods is that LittLine® is capable of placing aquatic algaecides and herbicides in the lower portion of the water column, resulting in a higher concentration and exposure time relationship in the lower portion of the water column, which provides increased efficacy with a reduction in the amount of product used when compared to conventional trailing hose application systems. This targeted approach allows for effective management of nuisance cyanobacteria and invasive aquatic vegetation, improving overall water quality while minimizing impact on non-target areas. The LittLine® System’s precise application is a critical need for the City of Santa Cruz, given the unique nature of Loch Lomond Reservoir, and the challenges with managing cyanobacteria blooms in the small, narrow coves and in the open water area at depth.

In addition, CLI recently established a specialized drone operations division, AquaticsAir, to expand its capabilities in aquatic ecosystem restoration and maintenance. AquaticsAir provides aerial application of algaecides and herbicides in environments that are difficult to access using traditional methods. CLI is certified by the Federal Aviation Administration (FAA) as an Air Operator authorized to conduct Commercial Agricultural Aircraft Operations.

Notably, CLI is the only licensed vendor in California with the ability to perform aerial applications of aquatic treatment products, further demonstrating their unmatched expertise and capacity in the field.

Price Reasonableness Analysis
CLI has been awarded multiple local contracts with the California Division of Boating and Waterways (DBW), the Department of Water Resources (DWR), the San Francisco Public Utilities Commission (SFPUC), and Valley Water to perform aquatic application services. The pricing for these contracts is consistent with the rates the City of Santa Cruz Water Department has historically paid, demonstrating fair and competitive cost alignment. 2023 to 2024 Treatment Services did not increase.

In 2025, the overall cost of services increased primarily due to higher vendor overhead costs driven by rising insurance premiums. This aligns with broader industry trends, which reflect an average 6% increase in business-related insurance expenses over the past year.

Despite this, the vendor’s pricing for chemicals remained well below market indicators. According to the Bureau of Labor Statistics, the Producer Price Index (PPI) for all commodities as of May 2025 stands at

3.742%. In contrast, the vendor has proposed only a 1% increase in chemical costs from 2024, demonstrating a conservative and reasonable pricing approach relative to national inflationary trends.

The vendor also confirmed that the 6% increase in Treatment service costs was not driven by general CPI

25.24 movement alone, but rather by specific factors such as the significant rise in state insurance costs. When accounting for the Consumer Price Index (CPI) movement from 2024 to 2025, the total year-over-year increase of 4.94% in overall service costs is consistent with broader economic conditions and does not represent an unreasonable or abnormal price escalation.

Clean Lakes Inc. SeClear Algaecide 2,200 gallons
Chemical Cost Treatment Services Cost Total
Year Amount
% Increase
year over
year of
chemicals
Producer Price
Index (PPI) 1 Amount Amount
% Increase
year over
year Total
Cost
Consume
r Price
Index
(CPI) 2
202
3 $28,31
4 $10,469.0
3 $38,783
202
4 $30,53
6 7.28% $10,469.03 $41,005 5.42% 2%
202
5 $30,86
6 1.07% 3.74% $12,270 $43,136 4.94% 3%
1 for all commodities from BLS
2 for consumers for the San Francisco- Oakland-Hayward, CA market

25.25 City Council

AGENDA REPORT
DATE: 05/22/2025
AGENDA OF: 06/10/2025
DEPARTMENT: Water
SUBJECT: Fisheries Monitoring and Non-Flow Conservation Fund Year 1 Project – Award Contracts (WT)
LOCATION: County
RECOMMENDATION: Motion to:
1) Award a contract to Environmental Science Associates (San Jose, CA) for Juvenile Salmonid Monitoring Services in the amount of $168,267.00 and reject all other proposals; authorize the City Manager to execute an agreement in a form approved by the City Attorney; and authorize the Water Director to execute contract amendments within the approved budget; 2) Authorize the City Manager to execute an agreement in a form to be approved by the City Attorney with Santa Cruz County Resource Conservation District for San Vicente Creek Instream and Riparian Restoration Project: Phase 1, not to exceed $503,898.72; authorize the Risk Manager to modify the insurance requirements of the agreement; and authorize the Water Director to execute future contract amendments within the approved project budget; and 3) Approve the California Environmental Quality Act (CEQA) determination contained in this agenda report, including the determination that the action to award a contract to Environmental Science Associates is exempt from CEQA review under CEQA Guidelines 15306 (information collection).

BACKGROUND: The City of Santa Cruz Water and Public Works Departments have been jointly developing an Anadromous Salmonid Habitat Conservation Plan (ASHCP) to ensure compliance with the state and federal Endangered Species Acts (CESA and FESA, respectively) for several decades. Habitat Conservation Plans and related “take authorization” permits are required when water diversion, flood control, or other activities may affect endangered or threatened species such as coho and steelhead or their habitat. Covered activities in the ASHCP include operations, maintenance, and rehabilitation of water supply, water system facilities and municipal facilities, City lands management, and monitoring. The ASHCP outlines measures to avoid, minimize, and mitigate impacts on these species and their habitats. Once approved, the City will receive Section 10 and 2081 permits (Incidental Take Permits or ITPs) from the National Marine Fisheries Service (NMFS) and the California Department of Fish and Wildlife (CDFW), respectively. The ITPs are typically issued for 30 years.

26.1 Staff anticipates bringing the ASHCP and the ITPs, as well as related water rights modifications, to Council for approval in August of 2025. While the FESA permit may be signed upon approval of the ASHCP, state law has a higher standard for permit issuance that requires effects of City operations be fully minimized and mitigated prior to issuance of the state ITP. As such, the City needs to demonstrate a commitment to implementation of a mitigation project prior to permit issuance. The Non-Flow Conservation Fund Year 1 Project described below is a component of a multi-year project on San Vicente Creek that will fulfill this obligation and is part of a larger program that will substantially contribute toward recovery of coho and steelhead in local watersheds. Should this project not go forward, the City would otherwise be obligated to provide funding assurances for a similar project in the form of a bond, escrow account, or related mechanism.

Modification of the City’s water rights to provide additional operational flexibility is also integral to the City’s ability to implement the ASHCP. These modifications are critical for both ensuring the City’s water supply reliability as well as supporting implementation of the Sustainable Groundwater Management Act and overall regional water resource management goals. However, a fundamental component of the modified water rights is required bypass flows, which are more protective than the City’s current water rights and are aligned with the conservation flows described in the ASHCP. Water rights modification involves both a California State Water Resources Control Board (SWRCB) process for the City’s appropriative rights and a City Council resolution process for the City’s pre-1914 rights.

FISHERIES MONITORING
The ASHCP monitoring program will provide the data necessary to assess compliance with ITP terms and adjust management and mitigation measures as needed. It will also gather information on the distribution, abundance, and habitat of these special status salmonid species (Covered Species), and identify potential threats within the area covered by the ASHCP. Using this data, the City will track population trends, monitor habitat quality and quantity, and make adjustments to ensure the biological goals and objectives of the ASHCP are met.

In February 2025, the City invited consultants to submit statements of qualifications for juvenile salmonid abundance monitoring in the San Lorenzo River and its tributaries. Six firms responded, and staff recommend awarding the contract to the highest ranked firm, Environmental Science Associates.

NON-FLOW CONSERVATION FUND (NFCF) YEAR 1 PROJECT
The ASHCP NFCF will provide funding for habitat restoration and enhancement projects that will mitigate impacts to endangered species covered under the ASHCP. The goal of the NFCF is to mitigate for residual effects of covered activities after implementation of avoidance and minimization measures outlined in the ASHCP.

The City is proposing to enter into a renewable five-year Memorandum of Agreement (MOA) with the Santa Cruz County Resource Conservation District (SCCRCD) to administer the NFCF and implement the projects. The City and SCCRCD are currently working on finalizing the terms of the MOA and drafting an associated five-year plan that identifies the first five years of projects. Staff expects to bring the MOA to City Council for approval later in FY 2026, subsequent to the work described above. The NFCF Year 1 Project will be covered by a reimbursement agreement prior to implementation of the MOA in order to demonstrate

26.2 commitment to implementation of a mitigation project prior to permit issuance, as described above.

DISCUSSION: FISHERIES MONITORING
The City’s ASHCP requires monitoring to evaluate levels of take and effects of City activities on populations and habitat of covered species. Juvenile salmonid abundance monitoring will consist of electrofishing surveys and snorkel surveys to be completed in portions of the San Lorenzo River watershed. In anticipation of permit issuance for the ASHCP, the City is preparing to begin monitoring in the summer of 2025.

Juvenile salmonid abundance monitoring addresses the status of Covered Species populations and habitat, and will be compatible with the California Monitoring Plan, a coordinated effort led by CDFW and NMFS with the goal of measuring progress toward recovery of included salmonid species under CESA and FESA listings. To the extent that these efforts have common goals, the City’s monitoring program can contribute to evaluation of Covered Species population status at the regional level.

NON-FLOW CONSERVATION FUND (NFCF) YEAR 1 PROJECT
In order to expedite issuance of the state permit after approval of the ASHCP and ensure alignment with federal permitting, the City has worked with SCCRCD to identify and frontload the NFCF Year 1 Project (San Vicente Creek Instream and Riparian Restoration Project: Phase 1).

The ASHCP establishes a Technical Advisory Committee consisting of representatives of the City, CDFW, and NMFS to identify acceptable NFCF projects for the City to fund. In April 2023, CDFW approved the Regional Conservation Investment Strategy (RCIS) which, amongst other things, identifies key projects that are in direct alignment with the goals of the NFCF. The RCIS was developed by SCCRCD and the Santa Cruz County Regional Transportation Commission in partnership with the County of Santa Cruz, NMFS, CDFW, and other partners.

Many of the projects that will be carried out under the NFCF will come from the RCIS portfolio.

Some other potential projects, such as the Branciforte Flood Control Channel improvements, may also support other Citywide goals.

Additionally, permitting for the San Vicente Creek Instream and Riparian Restoration Project:

Phase 1 will be covered under the SCCRCD’s Santa Cruz Countywide Partners in Restoration Permit Coordination Program (PIR). Projects covered under the PIR have undergone the CEQA review process by the Santa Cruz County Board of Supervisors and do not need further CEQA review by the City or the SCCRCD.

SCCRCD is in a unique position to implement NFCF projects given the complex planning, permitting, implementation, and long-term monitoring needs of the NFCF projects, combined with SCCRCD’s position as a Special District and in-depth understanding of the RCIS project portfolio and management of the PIR program. The Purchasing Manager has reviewed the proposed award of a single-source contract and recommends approval of the non-competitive award as authorized in Santa Cruz Municipal Code Section 3.08.150.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) DETERMINATION: City Council adopted the Anadromous Salmonid Habitat Conservation Plan Final Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program under the California

26.3 Environmental Quality Act at its January 23, 2024 meeting, and will submit a Notice of Determination pending Council approval of the Habitat Conservation Plan at a future date, tentatively planned for August of 2025.

The Anadromous Salmonid Habitat Conservation Plan Juvenile Salmonid Abundance Monitoring Services Project is exempt from CEQA under Cal. Code Regs. tit. 14 Section 15306, Information Collection. The monitoring that will occur under this contract is for research purposes and any impacts would be limited in nature and within the take authorization limits covered by the associated ITPs and, as such would not result in a serious or major disturbance to an environmental resource.

CEQA review for the San Vicente Creek Instream and Riparian Restoration Project: Phase 1 (Non-Flow Conservation Fund Year 1 Project) was completed by the County of Santa Cruz as the lead agency under PIR. An initial study/mitigated negative declaration was adopted by the Santa Cruz County Board of Supervisors in 2005, and an addendum to the mitigated negative declaration was adopted in 2011.

HEALTH IN ALL POLICIES (HiAP): This project aligns with the public health and sustainability pillars of the City’s HiAP initiative by supporting the Water Department’s work to enhance functioning habitat and preserve sites of high ecological value within our drinking water watersheds. Watersheds that maintain adequate habitat and water quality for cold water fish species, such as steelhead trout and coho salmon, are indicative of good water quality for drinking water source watersheds.

FISCAL IMPACT:

1. The recommendation in this report impacts the General Fund: No

2. This recommendation requires a budget adjustment: No

3. The recommendation creates an on-going expenditure commitment: No FISCAL IMPACT DESCRIPTION: There are adequate funds in the Water Department’s FY 2025 operating budget in the Habitat Conservation Programs Project (o700803) for the ESA contract. The FY 2026 Recommended Budget includes adequate funds for the SCCRCD Agreement. Funds to support implementation of the ASHCP beyond FY 2026 are and will be included in the Water Department’s current and ongoing Long Range Financial Plans.

Prepared By:

Zeke Bean
Associate Planner II
Maryna Sedoryk
Water Resources Analyst
Submitted By:

Heidi Luckenbach
Water Director
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. PSA WITH ENVIRONMENTAL SCIENCE ASSOCIATES.PDF

2. ASHCP ABUNDANCE MONITORING RFQ TABULATION FORM.PDF

3. DRAFT REIMBURSEMENT AGREEMENT WITH SANTA CRUZ COUNTY RESOURCE CONSERVATION DISTRICT.DOCX

26.4 Professional Services Agreement for Anadromous Salmonid Habitat Conservation Plan Juvenile Salmonid Abundance Monitoring Services
City of Santa Cruz
April 2025 Page 1
Professional Services Agreement With

ENVIRONMENTAL SCIENCE ASSOCIATES
For ANADROMOUS SALMONID HABITAT CONSERVATION PLAN JUVENILE

SALMONID ABUNDANCE MONITORING SERVICES
THIS AGREEMENT for professional services is made by and between the City of Santa Cruz (“City”) and Environmental Science Associates, a California corporation (“Consultant”) (each is referred to individually as a “Party” and collectively, asthe “Parties”) as of _________________, 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 proper manner, in accordance with the requirements of this Agreement.

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

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

Consultant shall meet with Heidi Luckenbach, Director of the Water Department, hereinafter called "Director", or other designated and authorized City personnel, or third parties as necessary, on all matters connected with carrying out of Consultant’s services described in Exhibit A. Such meetings shall be held at the request of either Party.

Review and City approval of completed work shall be obtained monthly, or at other intervals as may be mutually agreed upon during the course of this Agreement. Review, approval, or acceptance of Consultant’s work by City or others shall not relieve Consultant from responsibility for errors and omissions in Consultant’s work.

SECTION 3:RESPONSIBILITIES OF THE CITY
City shall make available toConsultant 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

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acceptable work, provided that such approval will not be unreasonably withheld or delayed. If the work is not acceptable, City will inform Consultant of the changes or revisions necessary to secure approval.

SECTION 4: FEES AND PAYMENT
For services actually performed, the City will compensate Consultant at the rates set forth in the Fee Schedule detailed in Exhibit B and in accordance with the terms set forth therein. Payment for Consultant's services in carrying out the entire Scope of Work shall be made within the budget limit, or limits shown, upon Exhibit B. Such payment shall be considered the full compensation for all personnel, materials, supplies, and equipment used by Consultant in the Scope of Work.

Consultant agrees that the payments to Consultant specified in this Section 4 will constitute full and complete compensation for all obligations assumed by Consultant under this Agreement. Where conflicts regarding compensation may occur, the provisions of this section apply.

Variations from the budget for each task which are justified by statements indicating personnel time expended and submittal of a revised budget are only allowed with prior City approval; however, in no event shall the total fee charged for the Scope of Work set forth in Exhibit A exceed the budget of $168,267 without advance written City authorization in the form of an amendment or change order.

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

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

SECTION 5: TRAVEL REIMBURSEMENT POLICY
The City agrees to reimburse Consultant and Consultant’s employee(s) for only authorized travel expenses, as indicated by a mark below, and according to the City’s Travel Reimbursement Policy. It is expected that all travel expenses incurred by Consultant while conducting activities on behalf of the City will be at reasonable rates and that Consultant and Consultant’s employee(s) will exercise prudence in incurring these expenses.

The total fees and costs of Consultant’s services shall not exceed the amount described in the Fee Schedule. ☐ Meals: Meals are reimbursed at the current GSA Meals & Incidental per diem rate by county (www.gsa.gov/travel). The City does not reimburse for actual costs for meals. Reimbursement is based solely on per diem rates. Do not submit meal receipts.

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• Travel before 8:00am qualifies for breakfast reimbursement. • Travel between 8:00am – 1:30pm qualifies for lunch reimbursement. • Travel between 1:30pm – 7:00pm (or later) qualifies for dinner reimbursement. • Days between hotel stays and days starting before 8am and ending after 7pm, qualify for the full GSA Meals & Incidental per diem rate.
• Receipts are required for reimbursements.
☐ Ground Transportation: Ground transportation is reimbursable when it is for travel between the Consultant’s place of business, an airport, or Santa Cruz hotel, as applicable, to the City work location.

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

2. When using vehicles owned by Consultant or Consultant’s employer:
• Mileage will be reimbursed at the current IRS mileage rate. • Evidence of automobile liability insurance meeting the City’s requirements must be provided. • Maps showing starting point, City work location, and total miles are required for reimbursement.

3. Use of car rentals are reimbursable when:
• Travel is necessary from an airport to the City work location. • The rental reservation is made as far in advance as is practical and the lowest possible price is obtained. • Insurance coverage is included, and the car is returned with a full tank of gas. • The smallest vehicle necessary is rented.
• Parking expenses are included in the GSA Meals & Incidental per diem rate. The City will not pay additionally for parking expenses.
• Receipts are required for reimbursement.
☐ Airfare: Airfare is reimbursable when the Consultant’s place of business, or Consultant’s employee’s home, is more than 250 miles away from Santa Cruz.
• Airfare must be lowest available coach class fare. Flights may be non-stop. • Airfare must be booked as far in advance as is practical. • Fees for one piece of checked luggage (and any equipment necessary for the work being done) will be reimbursed.
• Extra charges for seat assignments, refundable tickets, travel insurance/protection, and similar fees are not reimbursable.
• If the City cancels the need for travel and the ticket cannot be changed or refunded, the ticket cost will be reimbursable.
• Receipts are required for reimbursement.
☐ Lodging: Lodging is reimbursable when the Consultant must work on site for two or more consecutive days and the Consultant’s place of business or personal residence, is more than 60 miles away from Santa Cruz.

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• Lodging is reimbursed up to the current GSA rate by county (www.gsa.gov/travel). • Costs for hotel rooms above this rate are the responsibility of the traveler. • Receipts are required for reimbursement.

General Rule

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

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

3. Exceptions to any of the above requirements require advance written permission from the Director or City’s designated agent contracting with the Consultant.

4. Tips and gratuities will not be reimbursed.

5. Alcoholic beverage purchases will not be reimbursed.

6. Consultants will exercise prudence in incurring reimbursable expenses.

7. The City of Santa Cruz has the sole discretion to deny any reimbursement request the City has determined to be excessive or an inappropriate use of public funds.

SECTION 6:CHANGES IN WORK
City may negotiate changesin 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 begin on the Effective Date and shall remain in effect for a period of one (1) year. 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.

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

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

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

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

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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.

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

Consultant may terminate this Agreement for cause if the City fails to cure a material default in performance within a period of 30 calendar days (or such longer period agreed to by the Consultant), from date of the Consultant’s written termination notice specifying the default in performance.

Upon notice of termination by either the City or Consultant, the Consultant will immediately act to not incur any additional obligations, costs or expenses, except as may be reasonably necessary to terminate its activities. The City’s only obligation to the Consultant will be just and equitable payment for services authorized by, and received to the reasonable satisfaction of, the City up to and including the effective date of termination. 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, and following expiration of any applicable cure periods set forth above, 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 toCity for additional costs, expenses, or damagessustained by City due to failure of the Consultant to perform pursuant to the Agreement. City may withhold any payments to Consultant for the purpose of set-off until such time as the exact amount of damages due City from Consultant is determined. After the effective date of termination, Consultant will have no further claims against theCity under the Agreement except for payment for services actually performed by Consultant and approved by City prior to such effective date. No other compensation will be payable for anticipated profit on unperformed services.

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

SECTION 10:INDEMNIFICATION
Consultant agrees, to the fullest extent permitted by law, to indemnify, defend, and hold harmless the City, its officials, officers, employees, and volunteers (collectively, “Indemnitees”) from and against any and all liability, claim, action, loss, injury, damage, judgment, or expense, including reasonable 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 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

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expiration of this Agreement.

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

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

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

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

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

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

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

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

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

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

Consultant’s final deliverables shall comply with Section 508 (29 U.S.C. Section 794d) accessibility requirements, as applicable. Notwithstanding this Section 8 or any other provisions of this Agreement, if Consultant prepares any deliverable under the Agreement using its (or any of its affiliates’) pre-existing intellectual property (“Consultant Pre-Existing IP”) or incorporates any Consultant Pre- Existing IP into any deliverable, City shall own the tangible deliverable, however, Consultant shall retain all rights, title and interests, including all intellectual property rights, to Consultant Pre-Existing IP; provided further however, that Consultant hereby grants to City a non-exclusive, royalty-free license to use such Consultant Pre-Existing IP for use by the City of any such deliverable in accordance with the terms of this Agreement.

9. Intellectual Property and Indemnity. Consultant represents to City that, to the best of Consultant’s knowledge, any Intellectual Property (including but not limited to: patent, patent application, trade secret, copyright and any applications or right to apply for registration, 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.

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

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

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

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

11. Consultant's Records. Consultant shall maintain accurate accounting records and other written documentation pertaining to the costs incurred relating to this Agreement for examination and audit by the City, State, or federal government, as applicable, during the period of this Agreement, and for a period of at least five (5) years from the date of the final City payment for Consultant's services, or date of the termination of this Agreement, whichever is later. If Consultant engages a subcontractor to perform work related to this Agreement with a cost of $10,000 or more over a 12-month period, such subcontract shall contain these same requirements. This provision shall survive the termination of this Agreement.

12. California Public Records Act. City is a public agency subject to the disclosure requirements of the California Public Records Act (“CPRA”). If Consultant’s proprietary information is contained in documents or information submitted to City, and Consultant claims that such information falls within one or more CPRA exemptions, Consultant must clearly mark such information “Confidential and Proprietary,” and identify the specific lines containing the information. In the event of a request for such information, City will make best efforts to provide notice to Consultant prior to such disclosure. If Consultant contends that any documents are exempt from the CPRA and wishes to prevent disclosure, it is required to obtain a protective order, injunctive relief, or other appropriate remedy from a court of law in Santa Cruz County before the City is required to respond to the CPRA request. If Consultant fails to obtain such remedy within the time the City is required to respond to the CPRA request, City may disclose the requested information without any liability. Consultant further agrees that it shall defend, indemnify and hold City harmless against any claim, action or litigation (including but not limited to all judgments, costs, and attorney’s fees) that may result from denial by City of a CPRA request for information arising from any representation, or any action (or inaction), by the Consultant.

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

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

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

15. Living Wage. Every contract for servicesto 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.

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16. Prevailing Wagesfor Public Work. To the extent that the work or servicesto be performed under this Agreement may be considered a “public work” (construction, alteration, demolition, or repair work) pursuant and subject to Labor Code section 1720 et seq., Consultant (and any subconsultant performing the work or services) shall conform to any and all prevailing wage requirements applicable to such work/and or services under this Agreement. Consultant (and any subconsultant) shall adhere to the prevailing wage determinations made by the Director of Industrial Relations (DIR) pursuant to California Labor Code Part 7, Chapter 1, Article 2, applicable to the work, if any. All workers employed in the execution of a public works contract (as such term is defined California Labor Code section 1720 et seq. and section 1782(d)(1)) must be paid not less than the specified prevailing wage rates for the type of work performed. (CA Labor Code sections 1720, 1774 and 1782.) To the extent applicable to the scope of work and services under this Agreement, Consultant agrees to be bound by the state prevailing wage requirements, including, but not limited to, the following:
a. If a worker is paid less than the applicable prevailing wage rate owed for a calendar day (or any portion thereof), Consultant shall pay the worker the difference between the prevailing wage rate and the amount actually paid for each calendar day (or portion thereof) for which the worker(s) was paid less than the prevailing wage rate, as specified in Labor Code section 1775; b. Consultant shall maintain and make available payroll and worker records in accordance with Labor Code sections 1776 and 1812;
c. If Consultant employs (and/or is legally required to employ) apprentices in performing the work and/or services under this Agreement, Consultant shall ensure compliance with Labor Code section 1777.5; d. Consultant is aware of the limitations imposed on overtime work by Labor Code sections 1810 et seq. and shall be responsible for any penalties levied in accordance with Labor Code section 1813 for failing to pay required overtime wages;
e. Consultant shall post a copy of the applicable wage rates at each jobsite at a location readily available to its workers.
f. Any failure of Consultant and/or its subconsultant to comply with the above requirements relating to a public work project shall constitute a breach of this Agreement that excuses the City’s performance of this Agreement at the City’s sole and absolute option and shall be at the sole risk of Consultant. Consultant on behalf of itself and any subconsultant, agree to indemnify, defend and hold harmless the City and its officials, officers, employees, and agents from and against any and all claims, liabilities, losses, costs, expenses, attorney’s fees, damages, expenses, fines, financial consequences, interest, and penalties, of any kind or nature, arising from or relating to any failure (or alleged failure) of the Consultant and any subconsultant to pay prevailing wages or to otherwise comply with the requirements of prevailing wage law relating to a public work.
g. Consultant acknowledges that it and/or any subconsultant may not engage in the performance of any contract for public work unless currently registered with the DIR and qualified to perform public work pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].

17. Storm Water Requirements. To the extent applicable to the Scope of Work under this Agreement, Consultant, Consultant’s employees, subcontractors, and agents are required to abide by the applicable City of Santa Cruz Storm Water Best Management Practices (BMPs) for the duration of the work. The City’s mandatory Storm Water BMPs, which are listed according to the type of work, operations, or business, are located on the City

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website at: https://www.cityofsantacruz.com/government/city-departments/public-works/stormwater/bestmanagement-practices

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

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

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

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

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

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

23. Governing Law. This Agreementshall 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.

26.15 City of Santa Cruz Professional Services Agreement for Anadromous Salmonid Habitat Conservation Plan Juvenile Salmonid Abundance Monitoring Services
April 2025 Page 12

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

To CITY:

City of Santa Cruz Water Department
Heidi Luckenbach, Water Director
212 Locust Street, Ste A
Santa Cruz, CA 95060
[email protected]
To CONSULTANT:

Environmental Science Associates
Garrett Leidy
575 Market Street Suite 3700
San Francisco, CA 94015
[email protected]
Changes to the above information shall be given to the other party in writing ten (10) business days before the change is effective.

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

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

26.16 City of Santa Cruz Professional Services Agreement for Anadromous Salmonid Habitat Conservation Plan Juvenile Salmonid Abundance Monitoring Services
April 2025 Page 13
Technical Review By:

By: Date:

Maryna Sedoryk, Water Resources Analyst, Water Department Approved As To Form:

By:

Office of the City Attorney
Date:

CONSULTANT:ENVIRONMENTAL SCIENCE ASSOCIATES
Date:

Printed: Title:

By: Date:

Printed: Title:

Corporation – 2 officer signatures required (one from each group, unless person signing holds officer positions in both Group 1 and 2):

Group 1: Chief Executive Officer, Chairman of the Board, President, or Vice President Group 2: Secretary, Assistant Secretary, Chief Financial Officer, Treasurer, Assistant Treasurer

CITY OF SANTA CRUZ WATER DEPARTMENT
By: Date:

Heidi Luckenbach,
Water Director

CITY OF SANTA CRUZ
By: Date:

Matt Huffaker,
City Manager
4/4/2025
4/10/2025

26.17 City of Santa Cruz Professional Services Agreement for Anadromous Salmonid Habitat Conservation Plan Juvenile Salmonid Abundance Monitoring Services
April 2025 Page 14
EXHIBIT A:SCOPE OF WORK

26.18 180 Grand Avenue
Suite 1050
Oakland, CA 94612
510.839.5066 phone
510.839.5825 fax
esassoc.com
memorandum
date April 2, 2025
to Maryna Sedoryk and Zeke Bean, City of Santa Cruz
from Garrett Leidy and Chris Fitzer, Environmental Science Associates, Mike Podlech subject San Lorenzo River Watershed Juvenile Salmonid Monitoring – Exhibit A: Scope of Work Introduction
This document outlines Environmental Science Associates (ESA) proposed scope and cost estimate for City of Santa Cruz (City) Juvenile Salmonid Abundance Monitoring Service for the Anadromous Salmonid Habitat Conservation Plan (Project). The tasks outlined below are derived from Section 2.4, Responsibilities of the Consultant, from the Project’s Request for Qualifications (RFQ), ESA’s proposal, and ongoing conversations with the City. Each task, and subtask, includes a description of the proposed work, assumptions, and deliverables.

Where applicable, anticipated expenses (e.g. lodging, equipment fees, etc.) are provided. All cost estimates are summarized at the task, or subtask level, with the exception of Task 3, Juvenile Salmonid Surveys, which includes a unit (per-week and per-site) cost estimate (see Task 3, Cost Analysis).

Scope
Task 1. Administrative
Task 1.1 Client Coordination and Project Management
This task includes City and ESA meetings, invoices, progress reporting, internal project tracking and progress management, and related project management activities.

Within two weeks of the task order issuance, ESA will facilitate a project kick-off conference call. The primary purpose of this call will be to introduce team members, discuss roles and responsibilities and communication protocols, review project schedule, discuss project logistics, research and fieldwork methodology, site safety, and schedule. ESA will prepare the agenda for this meeting and provide written notes to the City following the meeting. Over the course of the Project, ESA will continue to work with the City to establish regular meetings at bimonthly intervals to provide updates on the project planning and implementation. ESA will also work with the City to coordinate and facilitate meetings with CDFW and NMFS staff, as needed.

This task includes 1 hour per month for monthly invoicing and progress reporting as well as other administrative and record keeping tasks. Some time is also provided for internal ESA coordination.

26.19 San Lorenzo River Watershed Juvenile Salmonid Monitoring – Exhibit A: Scope of Work 2 Task 1.1 Deliverables:
• Monthly invoices.
• Minutes or meeting notes, including outcomes, items to be addressed, and next steps.

Task 1.1 Assumptions:
• One 1-hour Project kick-off call between ESA and the City. • Bimonthly 1-hour check-in calls between ESA and the City over the 12-month performance period (April 2025 to March 2026).
• Two 1-hour meetings with regulatory agency (e.g., NMFS or CDFW) staff, as needed.

Task 2. Survey Season Preparation
Task 2.1 CDFW Scientific Collection Permit
ESA currently maintains an Entity CDFW Scientific Collection Permit (SCP) but will work with the City to obtain Project approval under a CDFW SCP project-specific amendment.

Task 2.1 Deliverables:
• CDFW SCP with project-specific amendment.

Task 2.1 Assumptions:
• None
Task 2.2 Survey Site Selection, Access, and Coordination ESA will assist the City, as needed, in selecting a subset of reaches to be surveyed from the complete list of sites delineated by the City. Once this subset has been determined, ESA will perform site reconnaissance to determine the selected reaches are accessible and surveyable. If needed, ESA will support the City in engaging with landowners to secure site access. If landowner access is not obtainable, ESA will work proactively with the City to identify and select an appropriate alternative site from a designated backup list.

As part of this Task, ESA will also meet with Juvenile Steelhead and Stream Habitat (JSSH) staff prior to commencement of the surveys to ensure an alignment in methodology between the two monitoring efforts.

Task 2.2 Deliverables:
• None.

Task 2.2 Assumptions:
• The City will provide ESA with a list of survey reaches for reconnaissance and landowner outreach. • 2 10-hour days of site access reconnaissance and targeted landowner outreach.

26.20 San Lorenzo River Watershed Juvenile Salmonid Monitoring – Exhibit A: Scope of Work 3 • One 1-hour meetings with JSSH Monitoring Program lead prior to survey implementation.

Task 3. Juvenile Salmonid Surveys
Task 3.1 Snorkel and Electrofishing Surveys
ESA will conduct juvenile salmonid surveys within a series of study reaches throughout the San Lorenzo River watershed. The City has delineated approximately 434 study reaches and will select a subset for ESA to sample during late-summer/early-fall 2025. Depending on the length of the reach, the reach may be subdivided into smaller sub-reaches of approximately ~100m to protect fish and improve capture efficiency, always prioritizing fish safety. Surveys will be conducted using a combination of snorkel and electrofishing techniques. All monitoring methods will be consistent with those outlined in Boughton et al. 2022.1 Under ideal conditions, snorkel surveys will be conducted first within each survey reach (see Snorkel Methodology below). Following completion of the snorkel surveys, the field crew will exit the stream and wait a minimum of 30 minutes prior to initiating depletion electrofishing surveys (see Electrofishing Methodology below). However, as many of the study reaches are located in smaller tributaries, and sampling will occur during periods of lower streamflow (i.e., late-summer, early fall), it is anticipated that snorkel surveys may not be feasible at many sites. Low water level and limited visibility may also limit the accuracy and efficiency of snorkeling. When sites cannot be effectively surveyed by snorkel, depletion electrofishing will be the primary survey technique.

Snorkel Survey Methodology
To maximize accuracy and efficiency, each survey will usually be performed by one or two snorkelers, depending on stream width and visibility. However, in wider sections of the lower San Lorenzo River, where the wetted channel can extend up to 50 feet wide, a team of three snorkelers may be required to ensure accurate fish counts.

During these surveys, ESA will document salmonid size-class distributions, record observations of other aquatic species, and collect key habitat data (see Habitat Inventory). Site-specific details such as GPS coordinates, access descriptions, and photographic documentation will also be recorded. If visibility, water quality, or streamflow prevent snorkeling, surveys will be postponed until conditions improve, or an alternative site will be selected from the predetermined backup list established in Task 2.

Upon arriving at the target sample reach, field biologists will first assess site safety for both snorkeling and, if applicable, electrofishing. Once confirmed safe, visibility will be evaluated downstream of the target reach using a representative “dummy” fish with parr marks, sized to reflect the average over-summering juvenile steelhead.

Snorkelers will determine the maximum distance at which the parr marks remain discernible, and this measurement will be recorded by the Data Recorder. If visibility is between 20 and 30% of the stream width, a third snorkeler will be added to ensure accurate coverage. If visibility falls below 20%, the survey will be postponed or relocated to an alternate reach. This approach ensures complete visual coverage across the stream's width.

Snorkelers will establish distinct survey lanes along the reach, with each team member responsible for counting all fish within their assigned lane. To prevent disturbing fish and ensure accurate counts, snorkelers will move 1 Boughton, D. and J. Nelson, M. Lacy, 2022. Integration of Steelhead Viability Monitoring, Recovery Plans and Fisheries Management in the Southern Coastal Area. Fish Bulletin 182. CDFW.

26.21 San Lorenzo River Watershed Juvenile Salmonid Monitoring – Exhibit A: Scope of Work 4 slowly but continuously upstream, using dive lights to scan for fish and dive boards to tally observed species and salmonid size classes. Special attention will be given to undercut banks, where snorkelers will use dive lights to check for fish while maintaining forward movement to prevent double counting or missed individuals. At the upstream end of the reach, each team member will provide their fish count totals and habitat observations to the Data Recorder.

Electrofishing Methodology
ESA will conduct depletion electrofishing at a subset of previously snorkeled sites, following strict protocols aligned with NMFS Guidance for Electrofishing Waters Containing Salmonids Listed Under the Endangered Species Act (NMFS 2000). This method is essential for calibrating snorkel survey counts, with surveys consisting of two to four passes based on standardized depletion protocols (e.g., Connolly 1996). Key electrofishing parameters—including water quality, shocking time, voltage, frequency, and duty cycle—will be documented to ensure methodological transparency. Captured fish will be identified to species, and all salmonids will be measured for fork length. Standard lengths may also be measured if comparison to JSSH surveys results is deemed necessary or useful. Health assessments, including injury and disease evaluations, will be conducted, and salmonids will be scanned for PIT tags to support long-term monitoring efforts in the watershed. To prioritize fish welfare, electrofishing will be postponed if water temperatures exceed 18°C or if streamflow conditions pose a risk to steelhead or surveyors.

Following a successful snorkel survey, the team will prepare to electrofish the selected calibration reach using one or two electrofishers depending on stream-width. Block-nets will be installed at the reach boundaries to prevent fish movement, carefully secured with rocks to maintain a complete barrier. While setting up, biologists will minimize disturbance to reduce fish displacement. Once block-nets are in place, field biologists operating electrofishers will prepare the electrofishing equipment while other members of the team sets up aerated holding coolers or live-wells. Live-wells may be used downstream when air temperatures are high to maintain cooler conditions. Positioned at least 20 meters from the downstream block-net, these live-wells ensure that fish remain unharmed during subsequent passes.

Electrofishing will be conducted in a coordinated downstream-to-upstream pattern, targeting habitat features such as debris jams, pools, and undercuts. Shockers will maintain steady forward momentum to avoid prolonged exposure, while Netters actively retrieve stunned fish and transfer them to Bucket Tenders, who will hold them in aerated containers until processing. Staging of additional buckets along longer reaches will help accommodate high fish counts. During this pass, electrofisher settings will be fine-tuned to ensure fish safety and efficacy.

Following the first pass, all captured fish will be transferred to aerated coolers for processing. Water temperatures in the coolers will be closely monitored and adjusted with fresh stream water and/or frozen water bottles, as needed. Two two-person teams will work up fish, with one biologist conducting measurements and health assessments while another records data. A sedative may be used to minimize stress during handling.

Subsequent passes will be conducted similarly, with effort matched to previous passes. After each pass, fish will be processed and combined with those from earlier passes in the holding containers. Biologists will consult depletion tables (see for example, Tables 4.1-4.3 in Connolly 1996) to determine if additional passes are needed to achieve a ≥95% certainty of depletion. After the final pass, all fish will be safely returned to the reach.

If at any point, fish appear to be showing signs of degrading health, injury, or even increasing mortality, sampling and holding methods will be assessed for improvements. If no improvements can be made, sampling will be halted. If two or more passes have been conducted electrofishing sampling will be considered to be complete.

26.22 San Lorenzo River Watershed Juvenile Salmonid Monitoring – Exhibit A: Scope of Work 5 Otherwise, if conditions are expected to improve within 2 days, electrofishing will be attempted again, or else, a new reach may need to be selected for a paired survey and the current reach will become a snorkel-only reach.

Habitat Inventory
Within each survey reach, concurrent with electrofishing and snorkel surveys, ESA will conduct an inventory of instream habitat. These surveys will use the CDFW Level IV salmonid mapping guidance as a methodological template but will be modified to include the additional physical data collection outlined below. Habitat surveys would include the following:
- Documentation of the availability of functional habitat types (e.g., riffle, pool, run, glide) and channel type (main, secondary, or side channel). For each of these functional habitat types the following physical data will also be collected:
o Channel-unit length, wetted width, mean and maximum depth.2 o Characterization of substrate conditions (i.e., the percentage dominant and sub-dominant types), including an assessment of sediment diversity. (i.e., sorting, patchiness, and embeddedness). o Documentation of the presence of large woody debris, boulders (> 256 mm), undercut banks, or other features providing instream cover.
o Cataloguing of overhanging bank vegetation and overall riparian condition.

Task 3.1 Deliverables:
• See Task 3, Cost Estimate below.

Task 3.1 Assumptions:
• See Task 3, Cost Estimate below.

Task 4. Data Entry, Analysis, and Reporting
Task 4.1 Datasheet Creation
Prior to survey commencement, ESA will develop project data sheets for both salmonid surveys and habitat mapping consistent with those used for the JSSH program and the City’s prior monitoring efforts. All field data will be entered electronically and submitted to the City before the contract’s completion. At the end of the survey season ESA will provide the City with electronic files all collected salmonid survey and habitat mapping data.

Task 4.1 Deliverables:
• Electronic salmonid monitoring datasheets.
2 Wetted width will be averaged from three measurements taken at 25, 50, and 75% of the distance from the upstream end of the unit.

26.23 San Lorenzo River Watershed Juvenile Salmonid Monitoring – Exhibit A: Scope of Work 6 • Electronic records of all recorded salmonid monitoring and habitat mapping data.

Task 4.1 Assumptions:
• None.

Task 4.2 Data Analysis (Optional)
Following completion of the salmonid surveys, ESA will analyze and summarize the salmonid survey and instream habitat data. This analysis will include the development of juvenile population and density estimates within each survey reach. Abundance estimates by size class will also be generated. Habitat conditions will be summarized by unit type and survey reach and analyzed within the context of supporting rearing juveniles.

Task 4.2 Deliverables:
• Copy of final electronic analysis documents.

Task 4.2 Assumptions:
• None.

Task 4.3 Monitoring Report (Optional)
Following completion of the salmonid surveys, ESA will produce a monitoring report summarizing the results of survey efforts, key findings and analyses, and recommendations for any alterations to the monitoring program in future years. The final technical memorandum will include a list of all individual species captured and contain population estimates within each survey reach. Additionally, a narrative describing the overall condition of sampled fish along with a discussion of other aquatic species encountered during the surveys, representative photographs, and GIS maps will also be included.

Task 4.3 Deliverables:
• One draft and one final Monitoring Report.

Task 4.3 Assumptions:
• None.

Cost Estimate
ESA proposes to provide the services described in this scope of work within the time and materials budget outlined below. Importantly, the outline does not include a cost estimate for Task 3, which is provided in the subsequent section.
• Task 1: $12,636
• Task 2: $21,056
o Task 2.1: $4,524
o Task 2.2: $16,532

26.24 San Lorenzo River Watershed Juvenile Salmonid Monitoring – Exhibit A: Scope of Work 7 • Task 3: See Task 3, Cost Analysis, below
• Task 4: $28,120
o Task 4.1: $6,646
o Task 4.2 (Optional): $9,000
o Task 4.3 (Optional): $12,474
Task 1, 2, and 4 Total: $61,812
A detailed breakdown of labor categories and hours is provided in Exhibit B. Equipment cost and expenses and outlined below.

Task 3 Cost Analysis
ESA generated weekly, daily, and per survey reach cost estimates for the juvenile snorkel and electrofishing surveys outlined under Task 3. Table 1 shows a breakdown of anticipated costs per survey week including estimates for lodging, labor, equipment, and expenses. A detailed breakdown on labor rates and equipment fees is provided in Exhibit B.

Importantly, ESA is open to working with the City to modify or refine the assumptions governing the labor, equipment, and expense estimates presented above.

26.25 San Lorenzo River Watershed Juvenile Salmonid Monitoring – Exhibit A: Scope of Work 8 TABLE 1
TASK 3. COST ESTIMATE BREAKDOWN – PER WEEK
Expense Area Cost per Week Note
Lodging $2,816.00 GSA Hotel Rate ($176 per night)
a
Labor $36,000.00 Four staff working four 10-hour daysb
Equipment $1,550.00 Electrofisher (600/week), data collector (150/week), truck (500/week), YSI (300/week) Expenses $2,216.00 IRS Mileage ($0.70 per mile), GSA Meals and Incidental Expenses ($86 per day)c Total Weekly Cost $42,582.00
NOTES:
a. GSA Hotel Rate for four staff with four rooms for four nights b. Labor rates are provided below in Attachment A
c. Daily GSA Mileage and M&IE rate for four staff over four days Table 2 refines the weekly cost estimate provided in Table 1 to generate a daily cost estimate for a standard survey week (i.e., 4 workdays). The daily cost is then translated into a per survey reach cost, with estimates provided for the completion of 1 and 2 survey reaches per day. For the purposes of this analysis, it is assumed that survey staff will be able to complete 1 survey reach per day when utilizing snorkeling and electrofishing techniques or when only electrofishing. When only using snorkeling techniques it is assumed that survey staff can complete 2 to 3 survey reaches per day. Since some combination of electrofishing and snorkeling methods are anticipated, for the purposes of scoping it is assumed that over the course of the sampling season an average of 2 survey reaches will be completed per day.

TABLE 2
TASK 3. COST ESTIMATE BREAKDOWN – PER SURVEY REACH
Detail Cost per Day/Reach Note
Total Daily Cost $10,645.50 Weekly cost estimate from Table 1 divided by 4 working days Cost per Reach (1 reach per day) $10,645.50 Electrofishing and snorkeling or electrofishing surveys Cost per Reach (2 reaches per day) $5,322.75 No. sites estimated completed per day per survey season.

Table 3 takes the 2 survey reach per day (8 per week) cost estimate from Table 2 and extrapolates that over the course of 1, 2, 3, 4, and 5 survey weeks. For each of these scenarios a total cost estimate for Task 3 is provided along with a total contract cost using the estimates for Tasks 1, 2, and 4 ($61,812) shown above.

26.26 San Lorenzo River Watershed Juvenile Salmonid Monitoring – Exhibit A: Scope of Work 9 TABLE 3
COST ESTIMATE BREAKDOWN – TOTAL CONTRACT
Approx. Survey
Weeks Approx. No. Reaches Task 3 Cost Estimate Total Contract Cost Estimate 1 8 $42,582.00 $104,394.00

1.5 12 $63,873.00 $125,685.00
2 16 $85,164.00 $146,680.00

2.5 20 $106,455.00 $168,267.00
3 24 $127,746.00 $189,558.00
4 32 $170,328.00 $232,140.00
5 40 $212,910.00 $274,772.00
For the purposes of this scope and cost estimate it is assumed that under Task 3 approximately 2.5 weeks of surveys will be conducted with 12 to 20 individual study reaches completed. The total number of sites surveyed will vary depending on field conditions and the survey methods utilized.

Table 4 shows the total project cost estimate summary incorporating the cost estimates from Tasks 1, 2, and 4 outlined above and the 2.5 week survey estimate from Table 3.

TABLE 4

PROJECT COST ESTIMATE SUMMARY TABLE
ESA Labor Amount $151,812
ESA Non-Labor Expenses
Reimbursable Expenses $12,580
ESA Equipment Usage $3,875
Subtotal ESA Non-Labor Expenses $16,455
PROJECT TOTAL $168,267

26.27 City of Santa Cruz Professional Services Agreement for Anadromous Salmonid Habitat Conservation Plan Juvenile Salmonid Abundance Monitoring Services
April 2025 Page 15
EXHIBITB:FEE SCHEDULE

26.28 Exhibit B
Cost Proposal: Labor Expenses and Total Project Cost Summary

26.29 Exhibit B
Cost Proposal: ESA Non-Labor Expenses Summary
Note (assumes approx. 2.5 weeks of surveys)
$ IRS Mileage Rate: $0.70 per mile, 4 staff, 300 miles roundtrip weekly 2,100$ GSA Lodging Rate: $176.00, 4 nights for 4 staff 7,040$ GSA Incidentals and Meals Rate: 4 days for 4 staff 3,440 Subtotal Reimbursable Expenses $ 12,580
ESA Equipment Usage Note (assumes approx. 2.5 weeks of surveys) Vehicles - 4x4 /Truck (light duty) $ $500.00 per week 1,250Electrofisher $ $600.00 per week 1,500Data Collector Tablet $ $150.00 per week 375YSI Equipment Collection $ $300.00 per week 750 Total Equipment Usage Costs $ 3,875
TOTAL NON-LABOR EXPENSES 16,455 $
LodgingOther Travel RelatedReimbursable ExpensesMileage

26.30 City of Santa Cruz Professional Services Agreement for Anadromous Salmonid Habitat Conservation Plan Juvenile Salmonid Abundance Monitoring Services
April 2025 Page 16
EXHIBIT C:WORK SCHEDULE

26.31 Exhibit C: Work Schedule
1-Apr-25
Task 1 - Administrative Apr May Jun Jul Aug Sep Oct Nov Dec

1.1 Client Coordination and Project Management
Task 2 - Survey Season Preparation Apr May Jun Jul Aug Sep Oct Nov Dec

2.1 CDFW Scientific Collection Permit

2.2 Survey Site Selection, Access, and Coordination
Task 3 - Juvenile Salmonid Surveys Apr May Jun Jul Aug Sep Oct Nov Dec

3.1 Snorkel and Electrofishing Surveys
Task 4 - Data Entry, Analysis, and Reporting Apr May Jun Jul Aug Sep Oct Nov Dec

4.1 Datasheet Creation

4.2 Data Analysis (Optional)

4.3 Monitoring Report (Optional)
2025

26.32 City of Santa Cruz Professional Services Agreement for Anadromous Salmonid Habitat Conservation Plan Juvenile Salmonid Abundance Monitoring Services
April 2025 Page 17
EXHIBIT D:INSURANCE REQUIREMENTS
Consultant shall procure and maintain insurance against claims for injuries to persons or damagesto property and otherwise which may arise from or in connection with the performance of the work under this Agreement and the results of that work by Consultant, its agents, representatives, employees, or subcontractors.

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

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

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

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

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

26.33 City of Santa Cruz Professional Services Agreement for Anadromous Salmonid Habitat Conservation Plan Juvenile Salmonid Abundance Monitoring Services
April 2025 Page 18
• WORKERS’COMPENSATION AS REQUIRED BY THE STATE OF CALIFORNIA, WITH STATUTORY LIMITS, AND EMPLOYER’S LIABILITY INSURANCE: $1,000,000 per accident for bodily injury or disease.

The Worker’s Compensation policy must be endorsed with a waiver of subrogation in favor of the City for all work performed by the Consultant and its employees. (Not required if Consultant provides written verification it has no employees) - If Consultant has no employees, Consultant shall complete and sign a Workers’ Compensation Exemption Declaration and Release of Liability.

C. OTHER INSURANCE PROVISIONS
The insurance policies are to comply with the following provisions:
• ADDITIONAL INSURED STATUS
The City, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of Consultant including materials, parts, or equipment furnished in connection with such work or operations, products and completed operations. General liability coverage will be provided in the form of an endorsement to Consultant’s insurance at least as broad as ISO Form CG 20 10 11 85, or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 (if a later edition is used).
o PRIMARY COVERAGE
For any claims related to this Agreement, Consultant’s and all subcontractor’s insurance coverage will be primary and non-contributory as respects the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents, or volunteers will be excess of Consultant’s and all subcontractor’s insurance and will not contribute with it.
• NOTICE OF CANCELLATION
Each insurance policy required above shall state that the coverage shall not be canceled, except with notice to the City.
• WAIVER OF SUBROGATION
Consultant hereby grantsto 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. • 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

26.34 City of Santa Cruz Professional Services Agreement for Anadromous Salmonid Habitat Conservation Plan Juvenile Salmonid Abundance Monitoring Services
April 2025 Page 19
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.

26.35 REQUEST FOR QUALIFICATIONS
-EVALUATION RESULTS
RFQ Title: Request for Qualifications for Anadromous Salmonid Habitat Conservation Plan Juvenile Salmonid Abundance Monitoring Services

RFQ Advertised On: 2/12/2025 Responses Due On: 3/5/2025 Provide criteria used in RFQ and scores of responses:

Respondent Name
Criteria 1: Clarity and
completeness of
proposal (10 points)
Criteria 2:

Qualifications and
experience (50 points)
Criteria 3: Project
understanding (40
points)
Final Score
ESA 9.4 47.7 35 92.1
Rincon 7.4 46.2 35.8 89.4
TRPA 8.0 42.5 35 85.5
ICF 8.8 39.8 33.6 82.2
ECORP 8.4 39 28 75.4
FISHBIO 6.6 40.2 28.4 75.2
Stantec 4 37.8 19 60.8
Responses evaluated by:

Chris Berry, Water Resources Manager; Maryna Sedoryk, Water Resources Analyst; Joel Casagrande, NOAA; Sean Cochran, CDFW; Erin McCarthy, County of Santa Cruz
Contract awarded to:

Form completed by: Maryna Sedoryk Extension: 5475

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YEAR ONE NON-FLOW CONSERVATION FUND REIMBURSEMENT AGREEMENT

BETWEEN RESOURCE CONSERVATION DISTRICT OF SANTA CRUZ COUNTY AND

CITY OF SANTA CRUZ WATER DEPARTMENT
This Year One Non-Flow Conservation Fund Reimbursement Agreement (“Agreement”) is made by and between the RESOURCE CONSERVATION DISTRICT OF SANTA CRUZ COUNTY, a California Resource Conservation District, located at 820 Bay Avenue, Suite 136, Capitola, CA 95010 (hereinafter referred to as "RCD") and CITY OF SANTA CRUZ (through the Santa Cruz Water Department, hereinafter referred to as “CITY”), 212 Locust St. Santa Cruz, CA 95060 (together, the “Parties” and individually, a “Party”). This Agreement is effective as of April 7, 2025 (“Effective Date”).

RECITALS
A. RCD is a special district that operates pursuant to the Resource Conservation District Act (California Public Resources Code §9151 et seq.). The mission of the RCD is to inspire and assist the people and communities of Santa Cruz County to protect, conserve, and restore natural resources through information, education, and technical assistance programs.

B. City is the drinking water purveyor for the municipality of the City of Santa Cruz. The mission of City is to assure public health and safety by providing a clean, adequate and reliable source of water with a vision to serving the community in a courteous, efficient, cost effective and environmentally sustainable manner.

C. City has applied for a permit pursuant to Section 10(a)(1)(B) of the Endangered Species Act of 1973 as amended (16 U.S.C. §§ 1531-1544), from the National Marine Fisheries Service (“NMFS”) for authorization of incidental take of endangered or threatened species, including the threatened Central California steelhead trout and endangered Central California Coastal coho salmon, associated with “covered activities” such as water supply and flood control operations. CITY has also applied to the California Department of Fish and Wildlife (“DFW”) for a permit pursuant to the California Fish and Game Code section 2081 for authorization of incidental take of endangered coho salmon, associated with the same covered activities.

D. City covered activities will adversely affect (primarily due to diversion of water) anadromous salmonid aquatic habitat and adjacent habitat (due to effects of other covered operations and maintenance activities).

E. City, as part of the Section 10(a)(1)(B) and 2081 permit application processes, submitted to NMFS and DFW, a Habitat Conservation Plan entitled “Final City of Santa Cruz Anadromous Salmonid Habitat Conservation Plan" (“HCP”) which provides measures for avoiding, minimizing and mitigating adverse effects on covered species.

F. City is required by the HCP to provide funding to construct, monitor, and manage projects that will offset remaining biological effects after implementation of improved instream flows and other avoidance and minimization measures. State law requires that effects of City operations be fully minimized and mitigated prior to state incidental take permit issuance. The HCP Non-Flow Conservation Fund Technical Advisory Committee has recommended and the RCD and the City have

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determined that the first project shall be the San Vicente Creek Instream and Riparian Restoration Project (“Project”), which is the subject of this Agreement.

G. RCD has agreed to work with City on the Project while the permit applications are pending, while the HCP is being finalized, and while the Parties discuss and negotiate a longer-term agreement to implement additional required habitat restoration projects under the final HCP. For this initial one-year implementation, RCD will perform all of the work for the term of this Agreement, and City will provide the funding for the Project.

H. Accordingly, the Parties enter into this Agreement to provide reimbursement to RCD for the initial year of the Project.

AGREEMENT
NOW THEREFORE, in consideration of the foregoing recitals and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereby agree as follows:

1. Scope of Work. RCD shall furnish, or cause to be furnished, all necessary materials, labor, equipment and supplies to implement the Scope of Work (“SOW”) attached hereto as Exhibit A, which is incorporated herein. RCD represents and agrees that it is, or that it will engage, qualified and licensed contractors, subcontractors, consultants, and agents (collectively, “Contractor”) who is/are: (i) fully experienced and properly qualified to perform the SOW provided for herein, (ii) financially capable to perform the performance of the SOW, and (iii) properly equipped and organized to perform the SOW in a competent, timely, and proper manner, in accordance with the requirements of this Agreement. Additionally, for all construction tasks identified in the SOW, RCD shall construct, and install in a good and workmanlike manner and through its qualified and properly licensed Contractor, the SOW consistent with plans and specifications that are pre-approved by the City. The work schedule for the SOW is as shown on Exhibit A.

2. Term. This Agreement commences on the Effective Date and terminates upon the first to occur of either: (1) completion of the SOW; or (2) June 30, 2026. This term is for the initial year of the Project. As the full Project is anticipated to take up to three years to complete, the Parties further agree that this Agreement can be renewed annually, by letter agreement signed by the Executive Director of the RCD and the City Manager of the City, under the same contractual terms and conditions, until the Project has been completed.

3. Reimbursement. City shall pay to RCD the actual pass-through costs and the overhead rate for the items completed on the SOW. Payments shall be made in accordance with Section 3(C), below, but in no event shall the total pass-through cost charged to the City for the SOW exceed the budget of $503,898.72; except as otherwise approved in advance by written City authorization in the form of an amendment or change order. Aside from the overhead rate, as defined below, additional markups to Contractor work shall not be charged to the City.

A. Actual Pass-Through Costs. Actual pass-through costs include, but are not limited to, the RCD direct labor costs, equipment, material and supply costs, monitoring and testing costs, permitting costs, and costs of Contractor. The City shall not be responsible for any

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travel, meal, or lodging reimbursements to RCD or its Contractors or either’s employees or agents, unless specified in the SOW; and then City shall pay the actual cost, after completion of travel, not to exceed the maximum meal and incidental rates for State of California: https://www.calhr.ca.gov/employees/pages/travel-reimbursements.aspx.

Receipts are required for reimbursement; tips and alcohol will not be reimbursed.

B. Overhead Rate. The RCD recovers indirect costs through the application of “overhead rate” applied to all direct costs of the SOW. The indirect costs used in the calculation of the RCD’s overhead rate may include but are not limited to expenses associated with rent, utilities, office supplies, legal services, annual audits, and personnel costs for overseeing fiscal and personnel management. All indirect costs included in this Agreement as overhead rates are properly allocable on the basis of a beneficial or causal relationship between the expenses incurred. Overhead rate does not include costs that are direct costs or that are otherwise charged as the actual pass-though costs. The overhead rates applied to the SOW for this Agreement are not to exceed: 20% of direct costs.

C. Payments to RCD. Upon City’s acceptance of the services and work actually performed, which will not be unreasonably withheld, conditioned or delayed, RCD will invoice City detailing the work performed, the total pass-through costs for the work performed, and the appropriate overhead rate, if any. Payments shall be made monthly by the City within 30 days based on itemized invoices from RCD which list the total pass-through costs and overhead rate. Payments to the RCD are contingent upon the appropriation of sufficient funding by the City for the SOW covered by this Agreement. If funding is reduced or deleted for the Project, the City has the option without penalty or liability to either terminate this Agreement or to offer an amendment to this Agreement indicating any reduced amount, provided however, RCD shall be paid for all services rendered prior to the effective date of termination in accordance with Section 8 of this Agreement.

4. Contractor Selection and Contract Terms. In selection of any Contractor to perform any part of the SOW, RCD shall use any applicable legally required procurement process. All Contractor contracts entered into to perform the SOW must include the following (these requirements are part of this Agreement as well, and apply to RCD, to the extent it performs any of the SOW itself):

A. Insurance Requirements. Each non-construction Contractor must comply with the insurance terms stated in Exhibit B, below. Each construction Contractor must comply with the insurance terms stated in Exhibit C, below. Each Contractor or any others, including RDC, performing work on this Project shall name the City of Santa Cruz, their officials, officers, and employees as additional insureds as indicated on Exhibit B and/or Exhibit C. RCD shall review the certificates of insurance of each Contractor or agents prior to commencing work on the Project to verify that the required insurance coverage is in place. In the event that RCD fails to require each Contractor or others performing work on this Project to maintain the insurance coverage specified in Exhibit B or C, as applicable, then RCD shall be liable to the City for any coverage shortfalls.

B. Contractor Indemnity.

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(i) All contracts for construction shall include the following indemnity provision:
[Name of Contractor] (“Contractor”) agrees, to the fullest extent permitted by law, to indemnify, defend, and hold harmless the RCD, the City of Santa Cruz, their officials, officers, agents and employees (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 Contractor, Contractor’s officers, employees, agents, or subcontractors in any way related to this Agreement. Contractor’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. Contractor’s obligation to defend shall arise regardless of any claim or assertion that Indemnitees caused or contributed to the Losses. This indemnification clause shall survive termination of this Agreement. (ii) All contracts for design professional services shall include the following indemnity provision:

To the fullest extent allowed by law (including without limitation California Civil Code Section 2782.8), Consultant shall indemnify, defend, and hold harmless RCD, the City of Santa Cruz, their officials, officers, agents and employees (collectively, “Indemnitees”) from and against all any and all liability, claim, action, loss, injury, damage, judgment, or expense, including attorneys’ fees and costs (“Losses”), to the extent Losses arise from or relate to the negligence, recklessness, or willful misconduct of Consultant. In no event shall the cost to defend charged to the Consultant exceed the Consultant’s proportionate percentage of fault. This obligation shall survive termination of this Agreement.
(iii) Each Contractor’s or Consultants obligation to defend, indemnify and hold the Indemnittees harmless under the provisions of this section is not limited to or restricted by any requirement for the Contractor or Consultant to procure and maintain a policies of insurance.

C. Additional Benefits. Any additional insurance or indemnity benefits that any Construction Contract grants to the RCD will likewise be given to the City.

D. Subcontractor Insurance and Indemnity. All Contractors will require that all subcontractors of the Contractor shall be subject to the same insurance and indemnity requirements as that required of the Contractor.

E. Warranty for Construction Work. Any construction contract shall require the Contractor performing the work to warranty the construction for materials and workmanship for a period of at least one-year after final written acceptance of the work.

This warranty coverage will extend to all work in the construction contract. A longer warranty period may apply where the supplier or manufacturer of the equipment or material provides a longer guaranty period. During the one-year warranty or other applicable time period, Contractor shall be required at its sole cost and expense to agree to promptly make all needed repairs or replacements arising out of defective materials, equipment, or workmanship. This warranty coverage will extend to all work in the construction contract.

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F. Bonds/Security. In the event that any work exceeds $25,000, RCD shall require any construction Contractor to furnish, concurrently with the execution of the construction contract for any portion of the SOW, a bond naming the City as a co-beneficiary or coloss payee with the RCD, as set forth below:
i. Labor and Materials (Payment) Bond and Faithful Performance Bond. (1) A labor and material bond in the amount of 100% of the estimated cost of the work to ensure payment to all contractors, subcontractors, laborers, suppliers, and materialmen performing work or supplying materials (attached hereto as Exhibit D); and (2) a faithful performance bond in the amount of 100% of the estimated cost of the work to ensure faithful performance of the work (attached hereto as Exhibit E). If the faithful performance bond provides for a one-year warranty to assure responsibility for the repair, replacement or reconstruction of the work or facilities during the year following completion and acceptance of the work, a separate maintenance bond is not necessary. If the estimated costs of construction and/or installation increase at any time, RCD shall increase the amount of the Labor and Materials Bond and Faithful Performance Bond to cover such increased costs. If the estimated costs of construction and/or installation decrease by 10% or more, RCD shall decrease the amount of the Labor and Materials Bond and Faithful Performance Bond due to such decreased costs.
ii. Form of Security. The surety on each of said above bonds and the form thereof shall be satisfactory to the City. If RCD seeks to replace any Security instrument with another Security instrument, the replacement shall: (1) comply with all the requirements for Security in this Agreement; (2) be provided by the RCD to the City; and (3) upon its written acceptance by the City, be deemed a part of this Agreement. Upon the City’s acceptance of a replacement Security, the former Security may be released by the RCD.

Change Orders. Contract must state that no change orders will be made without RCD’s prior written permission. Any substantive design changes during construction work that may result in increased material costs or extension of anticipated completion dates are subject to approval only if approved in writing by both City and RCD. Any minor, non-substantive or timesensitive changes during construction are subject to approval by RCD with notification to City as soon as reasonably practicable.

G. Prevailing Wages. 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., each Contractor shall conform to any and all prevailing wage requirements applicable to such work/and or services under this Agreement and any contract for such will include requirements to pay prevailing wages. RCD shall register the Project with the Department of Industrial Relations and each Contractor 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,

26.41 6 | P a g e
1774 and 1782). To the extent applicable to the scope of work and services under this Agreement, Contractor shall be bound by the state prevailing wage requirements, including, but not limited to, the following:
i. If a worker is paid less than the applicable prevailing wage rate owed for a calendar day (or any portion thereof), the Contractor 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;
ii. Contractor shall maintain and make available payroll and worker records in accordance with Labor Code sections 1776 and 1812;
iii. If Contractor employs (and/or is legally required to employ) apprentices in performing the work and/or services under this Agreement, Contractor shall ensure compliance with Labor Code section 1777.5;
iv. Contractor 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; v. Contractor shall post a copy of the applicable wage rates at each jobsite at a location readily available to its workers.
vi. Each Contractor on behalf of itself and its any subcontractors, shall agree to indemnify, defend and hold harmless the RCD, the City and their 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 Contractor and its any subcontractors to pay prevailing wages or to otherwise comply with the requirements of prevailing wage law relating to a public work.
vii. Contractor acknowledges that it and/or its subcontractors 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)].

5. RCD Insurance. Prior to the beginning of and throughout the duration of the Agreement, RCD will maintain and comply with the insurance requirements as set for in Exhibit B if RCD is not engaged in performing construction work related to the Project under this Agreement.

This section shall survive the termination or expiration of this Agreement.

6. Indemnification. RCD agrees, to the fullest extent permitted by law, to indemnify, defend, and hold harmless the City, its officials, officers, and employees (collectively, “Indemnitees”) from and against any and all liability, claim, action, loss, injury, damage, judgment, or expense, including attorneys’ fees and costs (“Losses”) to the extent caused by or resulting

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from the negligence, recklessness, or willful misconduct of RCD, its officers, employees, agents, or subcontractors in any way related to this Agreement. RCD’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. RCD’s obligation to defend shall arise regardless of any claim or assertion that Indemnitees caused or contributed to the Losses. This section shall survive the termination or expiration of this Agreement.

7. Default. Default occurs if RCD or its Contractor: (i) refuses or fails to proceed with the contracted work, or any severable improvement thereof, with such diligence as will effect its completion within the time specified, including any extensions, (ii) fails to obtain completion of said work or improvement within the required time, (iii) if the Contractor should be adjudicated as bankrupt, (iv) if Contractor should make a general assignment for the benefit of Contractor’s creditors, (v) if a receiver should be appointed in the event of Contractor’s insolvency, or (vi) if Contractor, or any of Contractor’s subcontractors, agents, or employees should violate any of the provisions of the construction contract. RCD or City may serve written notice upon Contractor and, if applicable, Contractor’s surety of the Default under the construction contract.

A. Remedies. City and RCD reserve all remedies available to either or both of them at law or in equity for breach of Contractor’s obligations under the contract, or failure to pay the City or RCD any damages due or penalties assessed within the time prescribed. In addition to the right to compel specific performance of construction contract and to seek recovery of damages, City and/or RCD shall have the right to draw upon or use the appropriate Security to do or cause to be done acts required of Contractor that Contractor has failed to perform or to otherwise mitigate City’s and/or RCD’s damages in the event of Default by Contractor. If applicable, City and RCD shall have the right to draw upon or use the Security in addition to any other remedy available to City or RCD. City and RCD agree to draw upon or attempt to draw upon such Security prior to initiating legal or equitable action to recover damages or obtain specific performance. The Parties acknowledge that the estimated costs and Security amounts may not reflect the actual cost of construction of the work and, therefore, City’s and/or RCD’s damages reimbursable by Contractor for Contractor’s Default shall be all of the actual costs of completing the required work, or severable improvement thereof, regardless of whether the City’s and/or RCD’s costs of completion exceeds the amount of the Security amounts. City and RCD also are entitled to recover all associated costs of enforcing the terms of the construction contract including their respective administrative costs for staff time, Consultant fees, court fees, and attorneys’ fees and costs.

9. Termination.

A. City’s Right to Terminate. In the event that City is not in default of this Agreement, City may terminate this Agreement only if RCD is in default hereunder and has not cured any such default by expiration of all applicable cure periods, by providing written notice of intent to terminate to the other Parties not less than thirty (30) calendar days prior to an effective termination date.

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B. RCD’s Right to Terminate. In the event that RCD is not in default of this Agreement, RCD may terminate this Agreement for cause by providing written notice of intent to terminate to the other Parties not less than thirty (30) calendar days prior to an effective termination date. RCD may terminate for cause if the City fails to cure a material default in performance within a period of thirty (30) calendar days (or such longer period agreed to by RCD), from the date of RCD’s written termination notice specifying the default in performance.

C. Notice to Terminate. Upon notice of termination by City to RCD, RCD will immediately act to not incur any additional obligations, costs or expenses, except as may be reasonably necessary to terminate its activities. City’s only obligation to RCD will be payment for work authorized by and received to the satisfaction of the City up to and including the effective date of termination less any amounts withheld by the City for any expenses or damages sustained by City related to the acts or omissions of RCD, their Contractors, or agents for work under the Agreement.

10. No Lien. RCD agrees to furnish any and all required supervision, labor, equipment, material, and services, and will bear any and all other expense necessary or incidental to the performance of the SOW under this Agreement. RCD shall not permit or suffer any mechanic’s or materialman’s lien of any kind or nature to be enforced against City property for any work done or materials furnished thereon related to this Agreement.

11. Compliance with All Laws. All activities under this Agreement shall be in compliance with all applicable federal, state, and local laws and regulations, including, but not limited to, those related to licensure and City’s Living Wage Ordinance, California labor laws, environmental laws, Santa Cruz Municipal Code chapter 5.10, conflicts of interest laws including the CA Political Reform Act, Sections 1090 and 87100 of the Government Code, and equal employment/anti-discrimination laws. RCD and its Contractors further agrees to comply with the covenant of good faith and fair dealing and other provisions of Santa Cruz Municipal Code chapter 3.09.

12. 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 Project involves or qualifies as a public works project, the Parties agree to comply with Public Contract Code sections 9204(e) and 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.

13. CPRA. City is a public agency subject to the disclosure requirements of the California Public Records Act (“CPRA”). If RCD’s proprietary information is contained in documents or

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information submitted to City, and RCD claims that such information falls within one or more CPRA exemptions, RCD 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 RCD prior to such disclosure. If RCD 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 RCD 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. RCD further agrees that it shall defend, indemnify and hold City harmless against any claim, action or litigation (including but not limited to all judgments, costs, and attorney’s fees) that may result from denial by City of a CPRA request for information arising from any representation, or any action (or inaction), by the RCD.

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

15. 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.

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

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

18. Interpretation and Headings. The language of this Agreement shall in all cases be simply construed according to its fair meaning and not strictly for or against any Party. Headings are for the purposes of convenience only do not affect the interpretation of this Agreement.

19. Modification. This Agreement is not subject to modification except in writing signed by the Parties and any attempted modification not in compliance with this requirement shall be void.

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20. Notices. All notices, demands or requests from one Party to another may be personally delivered, sent by facsimile, sent by recognized overnight delivery service, sent by mail, certified or registered, postage prepaid, return receipt requested, or by electronic mail, to the persons at the addresses set forth below. Notice shall be deemed given five (5) days after deposit in the United States mail. All notices must be give concurrently via email.

Parties may from time to time specify an alternate address in writing and it shall be effective at the time of personal delivery, facsimile transmission, mailing or electronic mailing.

CITY
212 Locust St.

Santa Cruz, CA 95060
[email protected]
RCD of Santa Cruz County
820 Bay Avenue, Suite 136
Capitola, CA 9501
[email protected]

21. Successors and Assigns. This Agreement and each of its covenants and conditions shall be binding on and shall inure to the benefit of the Parties and their respective successors and assigns. No party shall assign this Agreement without the written permission of the other.

22. Counterparts. This Agreement may be executed by the Parties in several counterparts, each of which shall be deemed to be an original executed document.

23. No Partnerships/Agency. This Agreement shall not make or be deemed to make any Party to this Agreement an agent for or the partner of any other Party. Neither Party shall have authority, express or implied, pursuant to this Agreement to bind the other Party to any obligation whatsoever.

24. Governing Law. This Agreement shall be governed by and constructed in accordance with the laws of the State of California.
[Signatures on following page.]

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IN WITNESS HEREOF, the Parties hereto have executed and delivered this Agreement as of the last date set forth below.

City of Santa Cruz
Dated: _________
Matthew Huffaker, City Manager
City of Santa Cruz

RESOURCE CONSERVATION DISTRICT OF SANTA
CRUZ COUNTY, a California Resource Conservation District Dated: _________
James McKenna, Board President
Approved as to form:

Dated: _________
City Attorney: City of Santa Cruz
Dated: _________
Attorney for Resource Conservation District

26.47 EXHIBIT A – SCOPE OF WORK
San Vicente Creek Instream and Riparian Restoration Project: Phase 1 The scope of work and budget described here reflect project planning and implementation activities during Year 1 (April 7, 2025 – June 30, 2026) of a 3-year project.

RCD shall furnish, or cause to be furnished, materials, labor, equipment and supplies to implement the San Vicente Creek Instream and Riparian Restoration Project: Phase 1 as recommended by the HCP Non-Flow Conservation Fund (“NFCF”) Technical Advisory Committee and selected by both RCD and the City, as provided in the HCP.

SCOPE OF WORK AND SCHEDULE
April 2025 – June 2025
Cultural Resources Inventory
 Complete a Class III BLM Cultural Resources Inventory (pedestrian survey) for the project area (TBD cultural resources consultant).

Pre-construction Activities
 Pre-construction species surveys and coordination: likely San Francisco dusky woodrat, California red legged frog, and potentially Western pond turtle (CEC lead).  Prepare workers education materials (CEC lead).
 Draft bid documents and construction contracts for the project (RCD lead).  Develop Landowner Agreements with landowners (BLM and San Vicente Redwoods partners) for project implementation (RCD lead).

Permit Coordination
 Coordinate and finalize Lake and Streambed Alteration Agreement with DFW (CEC lead).
 Coordinate and finalize Natural Resources Conservation Service review of project under PIR permit coordination program (CEC lead).
 Coordinate with US Fish and Wildlife Service to authorize invasive species removal activities through federal recovery permit and with CDFW with State scientific collection permit for potential take of California red-legged frog (CEC lead).

Pre-project Monitoring
 Establish transects and native/non-native plant cover for the invasive species removal project area (George McMenamin lead with support from Kathy Lyons).

Project Management and Administration
 Coordinate and support activities above, manage subcontracts and subcontractors, administer the agreement, track budgets, and submit invoices and progress reports (RCD lead).

26.48 July 2025 – June 2026
TASK 1. Project Management and Administration
RCD staff will coordinate and support project activities, develop and execute subcontracts, manage subcontractors, administer the agreement, track budgets, and submit invoices and progress reports.

Deliverables:
 Executed subcontracts
 Invoices and progress reports
TASK 2. Final Project Planning
RCD staff and Camara Environmental Consulting (CEC) will complete any necessary final permit coordination with resource agencies, put the project out to bid and select a contractor, and finalize landowner agreements with landowners (BLM and San Vicente Redwoods partners).

Deliverables:
 Final project permit documentation.
 Executed landowner agreements.

TASK 3. Implementation
Accelerated Recruitment
The project will result in the addition of 111 large trees along 1.1 miles of San Vicente Creek through strategic manual felling of live trees adjacent to the creek directly into the creek. RCD staff will oversee project implementation including managing the selected construction contractor and additional subcontractors, as well as coordination with landowners, partners, and resource agencies. Alnus Ecological (Alnus) and Hamey Woods (the Registered Professional Forester that helped select trees for felling) will provide support in the form of field guidance and construction monitoring during implementation. Implementation is expected to take approximately 2-3 weeks and be completed in August-September 2025.

Invasive Species Removal
The project will also remove 0.31 acres of Clematis and 1.0 acres of Cape ivy, as well as other non-native species (English ivy, fennel, periwinkle, and French broom) within this footprint, and result in the restoration of approximately 12.5 acres of high-quality riparian habitat along 2,827 feet of San Vicente Creek. This work will take place over three years – this scope of work represents initial year 1 treatment in 2025 (two additional years of follow-up treatments will be needed in order to achieve project success criteria).

Cape ivy will be treated through hand removal (hand tools and manual removal) and herbicide application (spot spraying of herbicide will be limited to areas where the Cape ivy percent cover exceeds 70% and the timing of spot spray will occur when the risk to native species is at the lowest possible level). In the first year, Cape ivy will be removed from all trees and shrubs at

26.49 heights greater than 3 feet above the ground. All green waste will be removed from the site or contained and treated until it is dead. Earthsaver biodegradable straw wattles will be installed along San Vicente Street to prevent concentrated runoff from the road from eroding bare soil after Cape ivy removal.

Clematis and English ivy will be treated through hand removal (hand tools and manual removal) and herbicide application (same as for Clematis). In the first year, Clematis and English ivy will be removed in all trees to a height of a minimum of 6 feet above the ground and herbicide will be applied to the entire cut surface of the vines growing vertically into the trees within a maximum of two minutes following removal. All green waste mass will be removed from the site or contained and treated until it is dead.

Completion of this work is expected to take approximately 2 months and take place from JulyOctober 2025. The RCD will manage all subcontracts associated with implementation. CEC and George McMenamin will lead and oversee project implementation. CEC will also conduct preconstruction workers education related to species protection and permit conditions. The RCD will hire a labor compliance monitoring firm to ensure labor compliance for covered work. The RCD will develop a final project report that includes a summary of work completed, as well as maps and photographs of the project.

Deliverables:
 Final summary report
TASK 4. Monitoring and Reporting
A project Monitoring Plan will be developed to help guide monitoring activities for the project.

As part of permit monitoring, photomonitoring and visual observations of project function will be completed after project completion and twice during the first winter. The annual permit monitoring report will be completed by January 31, 2026. Permit monitoring will be completed by RCD staff and CEC.

In addition, more detailed project effectiveness monitoring will be completed for both project elements. For the accelerated recruitment project, this will include wood monitoring to track wood movement, as well as targeted channel cross sections to quantify changes in geomorphic channel features. Wood monitoring and channel cross sections will be completed by RCD staff with potential support from university partners (cost-share - no funding is included here for faculty or students). In addition, project partners plan to install several timelapse cameras (with cost-share funding) to capture project function and evolution over time in several targeted locations.

For the invasive species removal project, photo documentation and transect data will be used to assess project performance related to percent native and non-native cover, bare ground, and species richness. This will be completed by Biotic Resources Group (Kathy Lyons) and George McMenamin. An annual project monitoring report will be completed by May 30, 2026.

Deliverables:
 Project Monitoring Plan
 Annual PIR permit monitoring report
 Annual project monitoring report

26.50 SCHEDULE
The table below provides a high-level overview of anticipated project schedule for activities during Year 1 of the project.

Accelerated Recruitment Contracting
Implementation Monitoring
Invasive Species Removal
Contracting
Implementation Monitoring
May June
2025 2026
July August September October November December January February March April

BUDGET AND FEE SCHEDULE
Year 1 Project Budget
Personnel 64,258.60
Fringe Benefits -
Travel 262.50
Equipment -
Supplies 10,295.00
Contractual 76,516.00
Construction 264,983.50
Other 3,600.00
Total Direct Charges 419,915.60
Indirect 83,983.12
TOTALS 503,898.72
Rate Sheet
Classification Salary & Benefit Rate
Executive Director 130.20
Director of Finance 107.00
Finance Manager 115.60
Operations/Contracting Manager 82.20

26.51 Program Manager 90.80
Program Specialist - Technical 79.00
Program Assistant - Technical 49.40

26.52 EXHIBIT B: NON-CONSTRUCTION INSURANCE
Prior to entering into a contract that encompasses non-construction projects from the SOW, RCD’s sub-Contractor will maintain and comply with the Insurance Requirements as set forth below.

Contractor will insure the City of Santa Cruz (“City”) against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work described in the contract documents. The insurance coverages required shall not in any way limit the liability of the Contractor.

In the event that the RCD fails to require its contractors, subcontractors, or others acting under its authority to maintain the insurance coverage specified in this section, then the RCD shall be liable to City for any coverage shortfalls.

1. 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 will be provided to show the City, its officers, officials, employees, agents, and volunteers as additional insureds.

2. Minimum Scope and Limits of Insurance
Contractor shall acknowledge that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. If Contractor 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 Contractor. 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.
 AUTOMOBILE LIABILITY:

Proof of coverage for $1,000,000 provided on ISO Form Number CA 00 01 covering any auto (Code 1), or if Consultant has no owned autos, hired, (Code 8)

26.53 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 Contractor and its employees. (Not required if Contractor provides written verification it has no employees) - If Contractor has no employees, Contractor shall complete and sign a Workers’ Compensation Exemption Declaration and Release of Liability on an approved City form.

3. Other Insurance Provisions
 ADDITIONAL INSURED STATUS
The City, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds on the CGL and automobile insurance policies with respect to liability arising out of work or operations performed by or on behalf of Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage will be provided in the form of an endorsement to Contractor’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, Contractor’s insurance coverage will be primary insurance as respects the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents, or volunteers will be excess of Contractor’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
Contractor hereby grants to the City a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City by virtue of the payment of any loss, including attorney’s fees under such insurance. Contractor agrees to obtain any endorsement. that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.  EXCESS LIABILITY/UMBRELLA INSURANCE POLICIES

26.54 Contractor 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, SelfInsured 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 Contractor’s primary and excess liability policies are exhausted.
 DURATION OF COVERAGE
CGL & Excess Liability/Umbrella policies for any construction related work, including, but not limited to, maintenance, service, or repair work, shall continue coverage for a minimum of 5 years for Completed Operations liability coverage. Such Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
 SELF-INSURED RETENTIONS
Self-insured retentions must be declared to and approved by the City. City may require Contractor 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.
 SUBCONTRACTORS
Contractor shall include their subcontractor(s) as additional insured(s) under the policies or shall furnish separate certificates and endorsements for each subcontractor. Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City, its officers, officials, employees, and agents are named as additional insureds on insurance required from its subcontractor(s).  VERIFICATION OF COVERAGE
Contractor will furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL, and automobile policies listing all policy endorsements to be approved by the City before work commences.

However, failure to obtain the required documents prior to the work beginning will not waive the Contractor’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies,

26.55 including endorsements required by these specifications, at any time.

Contractor Acknowledgement:

The undersigned, as the authorized representative for Contractor acknowledges these insurance requirements and understands that they are required as part of the contract. _____________________________ Dated: ___________________________ Name: _______________________
Contractor’s __________________

26.56 EXHIBIT C: CONSTRUCTION INSURANCE
Contractor’s Insurance
Prior to commencement of construction for any portion of the SOW, Contractor for the will maintain and comply with the Insurance Requirements as set forth below. Contractor will insure the City of Santa Cruz (“City”) against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work described in the construction contract documents. The insurance coverages required shall not in any way limit the liability of the Contractor.

In the event that the RCD fails to require its contractors, subcontractors, or others acting under its authority to maintain the insurance coverage specified in this section, then the RCD shall be liable to City for any coverage shortfalls.

1. 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 will be provided to show the City, its officers, officials, employees, agents, and volunteers as additional insureds.

2. Minimum Scope and Limits of Insurance
Contractor shall acknowledge that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. If Contractor 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 Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Santa Cruz.

Coverage will be at least as broad as:
 COMMERCIAL GENERAL LIABILITY (CGL): $2,000,000 PER OCCURRENCE; $4,000,000 AGGREGATE
Proof of coverage for $2 Million per occurrence and $4 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.

26.57  AUTOMOBILE LIABILITY:

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

The Worker’s Compensation policy must be endorsed with a waiver of subrogation in favor of the City for all work performed by the Contractor and its employees. (Not required if Contractor provides written verification it has no employees) - If Contractor has no employees, Contractor shall complete and sign a Workers’ Compensation Exemption Declaration and Release of Liability on an approved City form.

3. Other Insurance Provisions
 ADDITIONAL INSURED STATUS
The City, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds on the CGL and automobile insurance policies with respect to liability arising out of work or operations performed by or on behalf of Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage will be provided in the form of an endorsement to Contractor’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, Contractor’s insurance coverage will be primary insurance as respects the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents, or volunteers will be excess of Contractor’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
Contractor hereby grants to the City a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City by virtue of the payment of any loss, including attorney’s fees under such insurance. Contractor agrees to obtain any endorsement. that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

26.58  EXCESS LIABILITY/UMBRELLA INSURANCE POLICIES
Contractor 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, SelfInsured 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 Contractor’s primary and excess liability policies are exhausted.
 DURATION OF COVERAGE
CGL & Excess Liability/Umbrella policies for any construction related work, including, but not limited to, maintenance, service, or repair work, shall continue coverage for a minimum of 5 years for Completed Operations liability coverage. Such Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
 SELF-INSURED RETENTIONS
Self-insured retentions must be declared to and approved by the City. City may require Contractor 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.
 SUBCONTRACTORS
Contractor shall include their subcontractor(s) as additional insured(s) under the policies or shall furnish separate certificates and endorsements for each subcontractor. Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City, its officers, officials, employees, and agents are named as additional insureds on insurance required from its subcontractor(s).  VERIFICATION OF COVERAGE
Contractor will furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL, and automobile policies listing all policy endorsements to be approved by the City before work commences.

However, failure to obtain the required documents prior to the work beginning

26.59 does not waive the Contractor’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.

Contractor Acknowledgement:

The undersigned, as the authorized representative for Contractor acknowledges these insurance requirements and understands that they are required for as part of the construction contract. _____________________________ Dated: ___________________________ Name: _______________________
Contractor’s __________________

26.60 EXHIBIT D

LABOR AND MATERIALS (PAYMENT) BOND
WHEREAS, the _____________ and __________________, hereinafter designated as the "Principal," entered into a contract identified as Construction Contract dated ___________ for work on the ____________________ project described in the contract document hereby referenced and made a part hereof;
WHEREAS, said Principal is required under the terms of said contract to furnish a Labor and Material Bond, the surety of this bond will pay the same to the extent hereinafter set forth; and NOW, THEREFORE, we the Principal, and a corporation
organized and existing under and by virtue of the laws of the State of California, as surety, are held and firmly bound unto the City of Santa Cruz and the RCD of Santa Cruz County in the sum of ___________________________________________________dollars ($________) such sum being not less than one hundred percent (100%) of the estimated contract cost of the work, lawful money of the United States of America, to be paid to the _____________, for the payment of which sum, well and truly to be made, we hereby bind ourselves, our heirs, administrators, executors, successors and assign jointly and severally.

THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal or its heirs, executors, administrators, successors or assigns, shall fail to pay for any materials, provisions, vendor supplies, or equipment as provided in the contract documents, upon, for, or about the performance of the work contracted to be done, or for any work or waiver thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or fails to pay any of the persons authorized under Civil Code Section 9100 to assert a claim against a payment bond, or fails to pay for any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board for the wages of employees of the Principal or his/her subcontractor pursuant to Section 18806 of the Revenue and Taxation Code, or fails to pay for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the principal and all subcontractors with respect to such work and labor that the surety or sureties will pay for the same, in an amount not exceeding the sum specified in this bond, and also, in case suit is brought upon the bond, will pay, in addition to the face amount hereof, a reasonable attorney's fee, to be fixed by the Court.

The condition of this obligation is such that its terms inure to the benefit of any of the persons and entities authorized in Civil Code Section 9100 to assert a claim against a payment bond so as to give a right of action to such persons or entities or their assigns in any suit brought upon or action to enforce liability on the bond.

The surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the contract or to the work to be performed thereunder shall in any manner affect its obligation upon this bond, and it does hereby explicitly waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder, and further explicitly hereby waives its rights under Civil

26.61 Code Section 2819.

IN WITNESS WHEREOF, the above parties have executed this instrument under their seals this_____ day of____________________, 20__, and duly signed by its undersigned representation, pursuant to authority of its governing body.

PRINCIPAL:

Firm name:

Printed name:

Signature: Date:

Title:

SURETY:

Firm name:

Printed name:

Signature: Date:

Title:

Notice to Surety:

Address:______________________________________________________________________ Contact Person: ________________________________________________________________ Email: _________________________ Phone No.:_________________________________ I hereby approve the form of the within bond.

Legal Counsel Date
(Note: Signatures of those executing for the Principal and Surety must include a Notary Acknowledgement.)

26.62 ACKNOWLEDGMENT
State of California )
County of _____________________ )
On before me, ,
(insert name and title of the officer)
personally appeared ____________________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature ______________________________ (Seal)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

26.63 ACKNOWLEDGMENT
State of California )
County of _____________________ )
On before me, ,
(insert name and title of the officer)
personally appeared ____________________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature ______________________________ (Seal)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

26.64 EXHIBIT E

FAITHFUL PERFORMANCE BOND
WHEREAS, _________________, and ________________ hereinafter designated as “Principal” have entered into a contract identified as Contractor Agreement, dated _____________, whereby Principal agrees to install and complete the work on the _______________ project described in the contract document hereby referenced and made a part hereof:

WHEREAS, said Principal is required under the terms of said contract with the ________________ to furnish security for the faithful performance of said contract; and NOW, THEREFORE, we, the Principal, and a corporation
organized and existing under and by virtue of the laws of the State of , as surety, are held and firmly bound unto the City of Santa Cruz and the RCD of Santa Cruz County, in the sum of ($ ), such sum being not
less than one hundred percent (100%) of the estimated contract cost of the work, lawful money of the United States of America, to be paid to the_______________, for payment of which sum, well and truly to be paid, we hereby jointly and severally bind ourselves, our heirs, administrators, executors, successors and assigns, by these presents; NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bound Principal, its heirs, executors, administrators, successors, or assigns will in all things abide by and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or her part, to be kept and performed at the time and in the manner therein specified, and in all respects according to the true intent and meaning, and will indemnify and save harmless the City of Santa Cruz and the RCD of Santa Cruz County, their officers and agents, and employees, as therein stipulated, then this obligation will become null and void, otherwise it will be and remain in full force and effect.

As a part of the obligation secured hereby and in addition to the face amount specified therefore, there will be included costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by the City of Santa Cruz or the RCD of Santa Cruz County.

As a condition precedent to the satisfactory completion of the said contract, an obligation in the amount of ($ ), being not less than ten percent (10%) of the estimated contract cost, will remain in force for a period of one (1) year after the official acceptance of said work, during which time if the Principal, its heirs, executors, administrators, successors or assigns will fail to make full, complete and satisfactory repairs and replacements or totally protect the City of Santa Cruz or the RCD of Santa Cruz County from loss or damage made evident during said period of one (1) year from the date of official acceptance of said work and resulting from or caused by defective materials or faulty workmanship in the prosecution of the work done, the above obligation in the sum of ($ ) shall remain in full force and effect, otherwise the obligation shall be discharged. However, notwithstanding any other provisions of this paragraph, the obligation for the surety hereunder will continue so long as any obligation of the Principal remains.

The surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the contract or to the work to be performed thereunder or

26.65 the specifications shall in any manner affect this obligation upon this bond, and it does hereby explicitly waive notice of any such changes, extensions of time, alterations, or additions to the terms of the contract or to the work to be performed thereunder, or to the specifications, and it further explicitly hereby waives its rights under California Civil Code §2819.

IN WITNESS WHEREOF, the parties have executed this instrument under their seals this day of , 20__, and duly signed by its undersigned representative, pursuant to the authority of its governing body.

PRINCIPAL:

Firm name:

Printed name:

Signature: Date:

Title:

SURETY:

Firm name:

Printed name:

Signature: Date:

Title:

Notice to Surety:

Address:
_________________________________________________________________________ Contact Person:
____________________________________________________________________ Email: _________________________ Phone
No.:__________________________________
I hereby approve the form of the within bond.

Legal Counsel Date
(Note: Signatures of those executing for the Principal and Surety must include a Notary Acknowledgement.)

26.66 ACKNOWLEDGMENT
State of California )
County of _____________________ )
On before me, ,
(insert name and title of the officer)
personally appeared ____________________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature ______________________________ (Seal)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

26.67 ACKNOWLEDGMENT
State of California )
County of _____________________ )
On before me, ,
(insert name and title of the officer)
personally appeared ____________________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature ______________________________ (Seal)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

26.68 City Council

AGENDA REPORT
DATE: 05/21/2025
AGENDA OF: 06/10/2025
DEPARTMENT: Economic Development and Housing
SUBJECT: Downtown Association: Parking and Business Improvement Area Assessments for FY 2026 (EDH)
LOCATION: District 4
RECOMMENDATION: Motion to adopt a resolution confirming the Parking and Business Improvement Area FY 2026 Plan prepared by the Downtown Association and levying the Parking and Business Improvement Area Assessments for FY 2026.

BACKGROUND: At its May 27, 2025 meeting, the City Council approved the annual plan prepared by the Downtown Association for Fiscal Year (FY) 2026. In addition, the City Council adopted a resolution stating its intention to levy Parking and Business Improvement Area Assessments for FY 2026, and scheduled a public hearing for June 10, 2025, in accordance with state law.

DISCUSSION: At the June 10, 2025 public hearing, written and oral protests may be made in accordance with State Streets & Highways Code Sections 36524 and 36525 regarding the levy of the business improvement assessments. The Downtown Association’s annual plan proposes no change in the assessment area for FY 2026. However, the per square foot rate of assessment will increase from $0.55 to $0.56 based on the Consumer Price Index adjustment allowed in the assessment formula.

At the conclusion of the public hearing, absent a majority protest, staff recommends that City Council adopt a resolution confirming the Downtown Association’s plan. The resolution shall also constitute a levy of the parking and business improvement assessments for FY 2026.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) DETERMINATION: The proposed Council action is not a “project” under CEQA because it does not have the potential to cause a physical change in the environment directly or indirectly.

HEALTH IN ALL POLICIES (HiAP): The proposed Council action and services provided by the Downtown Association through the annual workplan align with the HiAP goals of equity, community connectedness, and increased economic vitality for the downtown business improvement area.

27.1 FISCAL IMPACT:

1. The recommendation in this report impacts the General Fund: No

2. This recommendation requires a budget adjustment: No

3. The recommendation creates an on-going expenditure commitment: No FISCAL IMPACT DESCRIPTION: There is no fiscal impact to the City. Revenues collected from the assessment are paid out to the Downtown Association to be spent for promotional activities in the Parking and Business Improvement Area.

Prepared By:

Rebecca Unitt
Economic Development
Manager
Submitted By:

Bonnie Lipscomb
Deputy City Manager
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. RESOLUTION.DOCX

27.2 RESOLUTION NO. NS-30,XXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ

CONFIRMING THE DOWNTOWN PARKING AND BUSINESS IMPROVEMENT AREA

ANNUAL PLAN AND LEVYING BUSINESS IMPROVEMENT ASSESSMENTS FOR FISCAL YEAR 2026
WHEREAS, the Downtown Association has prepared an annual plan to the City of Santa Cruz for Fiscal Year (FY) 2026 pertaining to the Downtown Parking and Business Improvement Area Assessments for the Downtown Association Parking and Business Improvement Area under California Streets and Highways Code §36533; and
WHEREAS, that annual plan was filed with the City Clerk; and WHEREAS, the City Council on May 27, 2025 adopted Resolution No. NS-30,493 stating its intention to levy business improvement assessments for FY 2026; and WHEREAS, pursuant to City Council’s May 27, 2025 Resolution of Intention, the City Council on June 10, 2025, in accordance with California Streets and Highways Code §§36535 and 36541, held a public hearing as provided for in Streets and Highways §§36524 and 36525, at which time it considered the annual report and the levy of business improvement assessments for FY 2026; and
WHEREAS, at said public hearing, the City Council considered all protests to the annual levy of the business improvement assessments.

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

1. The Downtown Parking and Business Improvement Area Annual Plan for FY 2026 filed by the Downtown Association of Santa Cruz with the City Clerk, is hereby confirmed by the City Council.

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

3. The adoption of the resolution shall constitute Fiscal Year 2026 levy of assessment provided for in Chapter 5.05 of the Santa Cruz Municipal Code pertaining to downtown parking and business improvement area zones and rate of business promotion assessments.

27.3 RESOLUTION NO. NS-30,XXX
PASSED AND ADOPTED this 10th day of June, 2025 by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

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

27.4 City Council

AGENDA REPORT
DATE: 05/21/2025
AGENDA OF: 06/10/2025
DEPARTMENT: Economic Development and Housing
SUBJECT: Cooperative Retail Management Business Real Property Improvement District Assessments for FY 2026 (EDH)
LOCATION: District 4
RECOMMENDATION: Motion to adopt a Resolution confirming the Cooperative Retail Management Business Real Property Improvement District Annual Plan FY 2026 and levying Cooperative Retail Management Business Real Property Improvement District Assessments for FY 2026.

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

DISCUSSION: On May 27, 2025, the City Council approved the DMC Fiscal Year (FY) 2025/2026 Annual Report/Plan and adopted a resolution stating its intention to levy business improvement assessments for FY 2026.

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

28.1 Each parcel’s assessment is calculated as follows:

Linear Feet Frontage x Linear Feet Frontage Rate = Linear Footage Assessment Lot Area Square Footage x Lot Area Square Footage Rate = Lot Assessment Building Square Footage x Building Square Footage Rate = Building Assessment Linear Footage Assessment + Lot Assessment + Building Assessment = Annual Assessment
The CRM assessment formula allows the DMC to recommend an annual adjustment in the rate based on the Consumer Price Index (CPI). The annual CPI adjustment as of February 2025 is

2.7%, therefore the rates per square foot will increase as follows:

FY 2025 Rates

SERVICE
ZONE
Comm Bldg
SF Assmt
Res Bldg SF
Assmt
Parcel SF
Assmt
Pacific Ave
Frontage
Assmt
All Other
Frontage
Assmt
Pacific Ave
Parcels $0.0735 $0.0735 $0.0831 $7.2082 $5.4062
All Other
Parcels $0.0551 $0.0551 $0.0623 $0.0000 $5.4062
FY 2026 Rates

SERVICE
ZONE
Comm Bldg
SF Assmt
Res Bldg SF
Assmt
Parcel SF
Assmt
Pacific Ave
Frontage
Assmt
All Other
Frontage
Assmt
Pacific Ave
Parcels $0.0755 $0.0755 $0.0853 $7.4028 $5.5521
All Other
Parcels $0.0566 $0.0566 $0.0640 $0.0000 $5.5521
The Resolution of Intention was published in the Sentinel and mailed to affected property owners as required by State law.

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

At the conclusion of the public hearing, absent the receipt of written ballots from property owners casting a majority vote against the proposed assessment, Council is requested to adopt a resolution confirming the DMC's plan, as approved by the City Council on May 27, 2025.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) DETERMINATION: The proposed Council action is not a “project” under CEQA because it does not have the potential to cause a physical change in the environment directly or indirectly.

28.2 HEALTH IN ALL POLICIES (HiAP): The proposed Council action and services provided by the DMC through the annual workplan align with the HiAP goals of equity, community connectedness, and increased economic vitality in the CRM District.

FISCAL IMPACT:

1. The recommendation in this report impacts the General Fund: Yes

2. This recommendation requires a budget adjustment: No

3. The recommendation creates an on-going expenditure commitment: Yes FISCAL IMPACT DESCRIPTION: The City owns property within the boundaries of the District. The assessment for City properties in FY 2026 is $91,317.65. The General Fund (Fund 101), Parking Fund (Fund 741) and Housing Successor (Fund 281) contribute to the assessments and have been included in the FY 2026 budget request.

Prepared By:

Rebecca Unitt
Economic Development
Manager
Submitted By:

Bonnie Lipscomb
Deputy City Manager
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. RESOLUTION.DOCX

28.3 RESOLUTION NO. NS-30,XXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ CONFIRMING THE FISCAL YEAR 2026 COOPERATIVE RETAIL MANAGEMENT

BUSINESS REAL PROPERTY IMPROVEMENT DISTRICT ASSESSMENTS

AND THE ANNUAL REPORT/PLAN FOR THE DISTRICT
WHEREAS, the Downtown Management Corporation has prepared a report to the City of Santa Cruz for FY 2025/2026 pertaining to the business improvement area assessments for the Cooperative Retail Management Business Real Property Improvement District (the "District") under California Streets and Highways Code Sections 36533 and 36541 and Santa Cruz Municipal Code Chapter 5.06; and
WHEREAS, that report was filed with the City Clerk on May 27, 2025; and WHEREAS, on May 27, 2025 the City Council adopted Resolution No. NS-30,491 stating its intention to levy business improvement assessments for FY 2026; and WHEREAS, pursuant to the City Council's May 27, 2025 resolution of intention, the City Council, on June 10, 2025 in accordance with California Streets and Highways Code Section 36535, held a public hearing as provided for in Streets and Highways Code Sections 36524 and 36525 at which time it considered the annual report, and the levy of business improvement assessments for FY 2026.

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

1. The FY 2026 Cooperative Retail Management Business Real Property Improvement District Area Annual Plan filed by the Downtown Management Corporation of Santa Cruz, a California nonprofit corporation ("DMC"), with the City Clerk on May 27, 2025 is hereby confirmed.

2. The adoption of this resolution shall constitute the FY 2026 levy of assessment provided for in Chapter 5.06 of the Santa Cruz Municipal Code pertaining to the downtown business improvement area zone and rate of the Cooperative Retail Management business real property improvement assessments.

PASSED AND ADOPTED this 10th day of June, 2025, by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

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

28.5 City Council

AGENDA REPORT
DATE: 05/30/2025
AGENDA OF: 06/10/2025
DEPARTMENT: Planning and Community Development/Public Works SUBJECT: Second Reading and Final Adoption of Ordinances 2025-14 and 2025-15 Amending the Title 24 Zoning Ordinance Related to Objective Design Standards for Multifamily Housing Updates, Parking, Bicycle Parking and Facilities, State Density Bonus, Reasonable Accommodations for People with Disabilities, Licensed Community Care Facilities, Low-Barrier Navigation Centers, and Historic Structures on Mission Street; and to Titles 10 and 15 of the Santa Cruz Municipal Code Related to Standards for Driveways, Daylighting, Bicycle Parking, Electric Vehicle Charging, Loading, and Bicycle Facilities to Better Meet the City’s Policy Goals and Objectives and to Align with New State Laws. The Amendments to the Objective Design Standards in Title 24 are Part of the Local Coastal Program (LCP) Implementation Plan (IP) and Require Approval by the California Coastal Commission Prior to Taking Effect Inside the Coastal Zone. (PL/ PW)
LOCATION: Citywide
RECOMMENDATION: Motion to:
1) Adopt Ordinance 2025-14 amending Titles 10, 15 and 24 of the Municipal Code related to Parking, Bicycle Parking and Facilities, State Density Bonus, Licensed Community Care Facilities, and Low-Barrier Navigation Centers;
2) Adopt Ordinance 2025-15 amending the Local Coastal Program (LCP) Implementation Plan (IP) and Title 24 of the Municipal Code related to Objective Design Standards for Multifamily Housing, Reasonable Accommodations for People with Disabilities, Licensed Community Care Facilities, Low-Barrier Navigation Centers, and Historic Structures on Mission Street; 3) Adopt a resolution authorizing the City Manager to submit the proposed amendments within Ordinance No. 2025-15 that are part of the Local Coastal Program as Local Coastal Implementation Plan amendments to the California Coastal Commission for final certification; and
4) Acknowledge the determination that the proposed amendments are covered by the Environmental Impact Report prepared for the City’s General Plan and approved in June 2012

29.1 and find that the changes are also Exempt under California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3).

BACKGROUND: At the May 27, 2025 City Council meeting, the City Council heard a first reading of two proposed ordinances to amend Titles 10, 15, and 24 related to updating the Objective Design Standards, conformance with state law, meeting housing element objectives, and historic structures on Mission Street. Further details on these amendments can be found in the attached May 27, 2025 City Council Agenda Report. A motion to approve the staff recommendation passed with a 7-0 vote.

DISCUSSION: The amendments in Ordinance 2025-15 require Coastal Commission approval as a Local Coastal Program (LCP) Implementation Plan amendment before they can take effect.

The ordinance’s consistency with the LCP is detailed in the May 27, 2025 City Council Agenda Report. An attached resolution directs the City Manager to submit to the California Coastal Commission for certification the ordinance amending the LCP IP amending. If the resolution is adopted at this hearing, the Coastal Commission is anticipated to act on this item in the fall of 2025.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) DETERMINATION: The proposed amendments fall within the analysis in the City’s existing 2030 General Plan EIR, as they are intended to fully implement the adopted General Plan Land Use maps and policies. The proposed amendments would not result in increased densities or intensification of uses beyond those already anticipated by the General Plan; rather, these proposed amendments will regulate the design and development character of projects achieving those planned densities, and they will allow for alternative uses or changes that are comparable in intensity and operational characteristics to other allowable uses contemplated in the General Plan. The proposed amendments are also exempt from CEQA under the general rule, CEQA Guidelines Section 15061(b)(3) as a project that can be seen with certainty to have no possibility for causing a significant effect on the environment.

HEALTH IN ALL POLICIES (HiAP): In 2019, the City adopted a Health in All Policies strategy to eliminate inequities in health and well-being and attain equity for all residents. The proposed amendment package furthers the City’s Health in All Policies strategy, as one purpose of the proposed amendments is to support the creation of a wider variety of housing options, promoting more equitable access to housing. The proposed amendments support development of multifamily housing in areas of Santa Cruz with a mix of employment, housing, retail, and entertainment uses, promoting a sustainable development pattern and making efficient use of urbanized land. This land use pattern also encourages active transportation, which promotes personal health. Amendments related to navigation centers, community care residential facilities, and reasonable accommodations requests promote equitable access to the City, creating the potential to provide additional social support within the City to those who need it the most. By incentivizing a variety of new housing and service opportunities that meet residents’ needs, this proposal supports the social, economic, and environmental health of the community.

FISCAL IMPACT:

1. The recommendation in this report impacts the General Fund: No

2. This recommendation requires a budget adjustment: No

3. The recommendation creates an on-going expenditure commitment: No

29.2 FISCAL IMPACT DESCRIPTION: These amendments have the potential to support multifamily housing project feasibility in some instances. However, in large part, they are providing for alternative architectural approaches and would not have a significant effect on project feasibility in most instances. Therefore, the amendments would generally have no fiscal impact.

Prepared By:

Matt VanHua, AICP
Principal Planner
Submitted By:

Lee Butler, LEED AP, AICP
Director of Planning and
Community Development
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. 2025-14 - OBJECTIVE STANDARDS AMENDMENTS NON-LCP (PL).DOCX

2. 2025-15 - OBJECTIVE STANDARDS AMENDMENTS FOR LCP IP (PL).DOCX

3. RESOLUTION.DOCX

4. MAY 27, 2025 AGENDA REPORT.DOCX

29.3 ORDINANCE NO. 2025-14

AN ORDINANCE OF THE CITY OF SANTA CRUZ AMENDING SANTA CRUZ MUNICIPAL CODE SECTIONS 10.40.040 NO PARKING AREAS, 15.15.020 BICYCLE FACILITIES, 15.20.010 STANDARD PLANS FOR SIDEWALKS, ON STREET BICYCLE FACILITIES, AND DRIVEWAY APPROACHES, 15.20.060 SIZE AND NUMBER, 24.10.801

PRINCIPAL PERMITTED USES, MU-M MIXED-USE MEDIUM-DENSITY DISTRICT,

24.10.802 USE PERMIT REQUIREMENT, MU-M MIXED-USE MEDIUM-DENSITY DISTRICT, 24.10.811 PRINCIPAL PERMITTED USES, MU-H MIXED-USE HIGHDENSITY DISTRICT, 24.10.812 USE PERMIT REQUIREMENT, MU-H MIXED-USE HIGHDENSITY DISTRICT, 24.10.821 PRINCIPAL PERMITTED USES, MU-OM MIXED-USE OCEAN STREET MEDIUM-DENSITY DISTRICT, 24.10.822 USE PERMIT

REQUIREMENT, MU-OM MIXED-USE OCEAN STREET MEDIUM-DENSITY DISTRICT,

24.10.831 PRINCIPAL PERMITTED USES, MU-OH MIXED-USE OCEAN STREET HIGHDENSITY DISTRICT, 24.10.832 USE PERMIT REQUIREMENT, MU-OH MIXED-USE OCEAN STREET HIGH-DENSITY DISTRICT, 24.10.841 PRINCIPAL PERMITTED USES, MU-VH MIXED-USE VISITOR-SERVING HIGH-DENSITY DISTRICT, 24.10.842 USE

PERMIT REQUIREMENT, MU-VH MIXED-USE VISITOR-SERVING HIGH-DENSITY DISTRICT, 24.10.851 PRINCIPAL PERMITTED USES, MU-VA MIXED-USE VISITORSERVING ADDITIONAL HEIGHT DISTRICT, 24.10.852 USE PERMIT REQUIREMENT, MU-VA MIXED-USE VISITOR-SERVING ADDITIONAL HEIGHT DISTRICT, 24.16.200 PURPOSE, DENSITY BONUS PROVISIONS FOR RESIDENTIAL UNITS, 24.22.130 BOARDING HOME FOR THE AGED, 24.22.223 COMMUNITY CARE FACILITY,

22.22.619 PRIVATE OPEN SPACE, 24.22.662 RETIREMENT HOME OR CENTER, AND CREATING CODE SECTIONS 24.22.125 ON-STREET BICYCLE FACILITY, 24.22.237 COORDINATED ENTRY SYSTEM, 24.22.284 DRIPLINE, 24.22.527 LOW-BARRIER NAVIGATION CENTER, 24.22.836 THRIFT STORE, TO IMPLEMENT ZONING

ORDINANCE AMENDMENTS RELATED TO OBJECTIVE DESIGN STANDARDS FOR

MULTIFAMILY HOUSING UPDATES, STATE DENSITY BONUS, LICENSED

COMMUNITY CARE FACILITIES, LOW-BARRIER NAVIGATION CENTERS, AND

AMENDMENTS TO THE SANTA CRUZ MUNICIPAL CODE RELATED TO

DAYLIGHTING, BICYCLE FACILITIES, AND STANDARDS FOR DRIVEWAYS

OUTSIDE OF THE COASTAL ZONE
WHEREAS, the Objective Design Standards for Multifamily Housing were adopted on December 13, 2022 by the Santa Cruz City Council; and
WHEREAS, at the time of adoption of these standards, the City Council directed staff to bring periodic updates and refinements forward for consideration by the Planning Commission and City Council; and
WHEREAS, city staff, in collaboration with members of the development community and the public has reviewed many projects against the standards now incorporated into the Municipal Code and has identified areas that would clarification, correction, and amendment; and

29.4 ORDINANCE NO. 2025-14
2 WHEREAS, at its January 27, 2025 meeting, the City Transportation and Public Works Commission reviewed the proposed additions and modifications to Titles 10 and 15 of the Santa Cruz Municipal Code and recommended approval to the City Council with a few modifications, one of which is included in the staff recommendation; and WHEREAS, at its April 3, 2025 meeting, the City Planning Commission reviewed the proposed amendments to Title 24 of the Santa Cruz Municipal Code and found that the public necessity, and the general community welfare, and good zoning practice shall be served and furthered; and that the proposed amendments are in general conformance with the principles, policies, and land use designations set forth in the General Plan, Local Coastal Plan and any adopted area or specific plan as proposed to be amended; and WHEREAS, at its April 17, 2025 meeting the City Planning Commission passed a motion that recommended the City Council approve the determination under the California Environmental Quality Act and approve the proposed amendments to Title 24 of the Santa Cruz Municipal Code.

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

Amendments are proposed in the following chapters in Title 10, 15 and 24:

Section 1. Section 10.40.040 No Parking Areas of Chapter 10.40 Stopping, Standing and Parking, of the Santa Cruz Municipal Code is hereby amended to read as follows:

10.40.040 NO PARKING AREAS
No operator of any vehicle shall stop, stand, park, or leave standing such vehicle in any of the following places, except when necessary to avoid conflict with other traffic or in compliance with the direction of a police officer or other authorized officer, or traffic sign or signal. Parking restrictions needed to comply with this section are not appealable under Section 10.16.015:
(a) Within any divisional island unless authorized and clearly indicated with appropriate signs or markings;
(b) On either side of any street between the projected property lines of any public walk, public steps, street, or thoroughfare terminating at such street, when such area is indicated by appropriate signs or by red paint upon the curb surface; (c) In any area where the city traffic engineer determines that the parking or stopping of a vehicle would constitute a traffic hazard or would endanger life or property, when such area is indicated by appropriate signs or by red paint upon the curb surface; (d) In any area established by resolution of the council as a no parking area, when such area is indicated by appropriate signs or by red paint upon the curb surface; (e) Upon, along or across any railway track in such manner as to hinder, delay or obstruct the movement of any car traveling upon such track;

29.5 ORDINANCE NO. 2025-14
3 (f) In any area where the parking or stopping of any vehicle would constitute a traffic hazard or would endanger life or property;
(g) On any street or highway where the use of such street or highway or a portion thereof is necessary for the cleaning, repair or construction of the street or highway or the installation of underground utilities or where the use of the street or highway or any portion thereof is authorized for a purpose other than the normal flow of traffic or where the use of the street or highway or any portion thereof is necessary for the movement of equipment, articles or structures of unusual size, and the parking of such vehicle would prohibit or interfere with such use or movement; provided, that signs giving notice of such no parking are erected or placed at least twenty-four hours prior to the effective time of such no parking; (h) At any time within twenty feet of the curb immediately opposite the mid-block end of a safety zone, when such place is indicated by appropriate signs or by red paint upon the curb surface; (i) On all arterial and collector roadways as defined by the General Plan, any place within twenty feet of the vehicle approach and vehicle receding sides of any marked or unmarked crosswalk or within fifteen feet of the vehicle approach and vehicle receding sides of any crosswalk where a curb extension is present, except that a bus may stop at a designated bus stop; (j) On all local roadways as defined by the General Plan, at any place within twenty feet of the vehicle approach side of a marked or unmarked crosswalk, except that a bus may stop at a designated bus stop;
(k) At any marked midblock crossing, at any place within twenty feet of vehicle approach side and 20’ of the vehicle receding side of a crosswalk or intersection, except that a bus may stop at a designated bus stop;
(l) Within 30 feet upon the approach to any flashing beacon or traffic-control signal; (m) In any public park, except in areas specifically designated as parking areas.

The fines assessed for violation of this section shall be established by city council resolution.

Section 2. Section 15.15.020 BICYCLE FACILITIES of 15.15 PUBLIC REALM DESIGN FOR MULTIFAMILY AND MIXED-USE RESIDENTIAL PROJECTS, of the Santa Cruz Municipal Code is hereby amended to read as follows:

15.15.020 BICYCLE FACILITIES.

1. Projects shall be required to install bicycle facilities consistent with the city of Santa Cruz Active Transportation Plan or based on the results of the transportation study. Installation of bicycle facilities will be based on the Area Plans, AASHTO Guide to Bicycle Facilities and the NACTO Urban Bikeway Design Guide (both the required and recommended elements).

29.6 ORDINANCE NO. 2025-14
4 2. Unless otherwise dictated by an area plan, the on-street bicycle facility widths for corridors and other roadways are defined in Section 15.20.060.

3. Installation of bicycle facilities will be based on the standard details that are current at the time of a complete permit application and available from the public works department.

4. The bicycle facility width includes the riding surface and buffer space between adjacent sidewalks and parked cars. Where existing bike lanes are provided, that width can be relocated into the above bicycle facility dimension. The width of the facility may be adjusted at intersections, loading zones, bus stops and where required by the Public Rights of Way Accessibility Guidelines, or similar, as approved by the Director of Public Works.

Section 3. Section 15.20.010 and Chapter 15.20 of the Santa Cruz Municipal Code will be renamed

STANDARD PLANS FOR SIDEWALKS, ON STREET BICYCLE FACILITIES, AND DRIVEWAY APPROACHES and is hereby amended to read as follows:

15.20.010 STANDARD PLANS FOR SIDEWALKS, ON STREET BICYCLE FACILITIES,

AND DRIVEWAY APPROACHES
All sidewalks, on-street bicycle facilities, and driveway approaches in the sidewalk area shall be constructed in accordance with the standard plans and specifications and subsequent amendments thereto on file in the office of the director of public works, reference to which is hereby made for further particulars. The director of public works, or his/her authorized representative, shall specify in the permit or written approval to be issued under Chapters 15.04, 15.08, 15.20, 15.28, 15.32,

15.34 and 15.48, which particular standard plan shall be used on each sidewalk and driveway to be constructed and such construction shall conform to the standard plans, as specified by the director of public works in the said permit to be issued, and said sidewalk and driveway shall be so maintained in strict compliance therewith.

Section 4. Section 15.20.060 SIZE AND NUMBER of 15.20 DRIVEWAYS, SIDEWALKS AND ON-STREET BICYCLE FACILITIES, of the Santa Cruz Municipal Code is hereby amended to read as follows:

15.20.060 SIZE AND NUMBER
(a) Except as otherwise provided herein, the total width of any driveway, or driveways, constructed to any parcel of land from any public street shall not exceed twenty-four feet, including the wings or returns, the measurement being made at the curbline. Driveways shall have a smooth tie in to adjacent sidewalks.
i. The maximum width of a driveway may be increased to thirty feet for mixed-use or industrial developments where a turning study acceptable to the Public Works Director shows the need for additional space.
(b) Except as may otherwise be required by the Americans With Disabilities Act or similar statutes, the total width of all driveways, including wings or returns, for any one ownership

29.7 ORDINANCE NO. 2025-14
5 on any one street in any commercial or any industrial zone shall not exceed fifty percent of the frontage of the ownership along that street measured at the curbline of the street. (c) Except as may otherwise be required by the Americans With Disabilities Act or similar statutes, the total width of all driveways, including wings or returns, for any one ownership on any one street in any residential zone shall not exceed forty percent of the frontage of the ownership along that street measured at the curbline of the street. (d) Unless specified in the area plans, the following are the minimum widths for sidewalks (excluding the curb width) for all new multifamily (with exception of ADUs) or mixed-use residential projects with three or more residential units or any commercial development:

Corridors
Ocean – San Lorenzo Blvd to Soquel Avenue – Eight feet minimum.

Ocean – Soquel Ave to Water Street – Fifteen feet minimum.

Ocean – Water Street to Pryce Street/Plymouth Street – Twelve feet minimum.

Mission Street – Community Commercial District as defined in the Mission Street Urban Design Plan (Swift Street to just east of Laurel Street) – Twelve feet minimum.

Mission Street – Professional and Administrative District (just east of Laurel Street to Chestnut Street Ext.) – Eight feet minimum.

Soquel Avenue – East Soquel Zone as defined in the Eastside Improvement Plan (Trevethan Avenue to Morrissey Boulevard) – Ten feet minimum.

Soquel Avenue – Triangle Zone as defined in the Eastside Improvement Plan (Morrissey Boulevard to Poplar Avenue) – Ten feet minimum.

Soquel Avenue – Main Street Zone as defined in the Eastside Improvement Plan (Poplar Avenue to Branciforte Avenue) – Ten feet minimum.

Soquel Avenue – (Ocean Street to Branciforte Avenue) – Eight feet minimum.

Soquel Avenue – (Dakota Avenue to Ocean Street) – Ten feet minimum.

Water Street – Front Street to River Street – Twelve feet minimum.

Water Street – River Street to Ocean Street – Eight feet minimum.

Water Street – Ocean Street to Branciforte Avenue – Eight feet minimum.

Water Street – Branciforte Avenue to Soquel Avenue – Ten feet minimum.

Other Arterials and Collectors
Branciforte Drive – Broadway Avenue to Soquel Avenue – Eight feet minimum.

Branciforte Drive – Soquel Avenue to Water Street – Eight feet minimum.

Branciforte Drive – North of Water Street – Eight feet minimum.

Morrissey Boulevard from Soquel Avenue to Fairmount Avenue – Eight feet minimum.

Broadway Avenue – San Lorenzo Boulevard to Ocean View Avenue – Eight feet minimum.

Broadway Avenue – Ocean View Avenue to Frederick Street – Eight feet minimum.

Seabright Avenue – Murray Avenue to Logan Street – Eight feet minimum.

Seabright Avenue – Logan Street to Gault Street – Eight feet minimum.

Seabright Avenue – Gault Avenue to Soquel Avenue – Eight feet minimum.

Front Street – Pacific Avenue to Laurel Street – Eight feet minimum.

Front Street – Laurel Street to Water Street – Ten feet minimum.

Laurel Street – River Street to Chestnut Avenue – Ten feet minimum.

29.8 ORDINANCE NO. 2025-14
6 Laurel Street – Chestnut Avenue to Mission Street – Eight feet minimum.

Cedar Street – Laurel Street to Center Street – Ten feet.

Bay Street – West Cliff to Mission Street – Eight feet minimum.

Bay Drive – Mission Street to High Street – Eight feet minimum.

Delaware Avenue – Bay Avenue to Swift Street – Eight feet minimum.

Delaware Avenue – Swift Street to Shaffer Road – Eight feet minimum.

All Other Roadways
Unless specified in an area plan, sidewalk widths along all other roadways for all new multifamily and mixed use residential with three or more residential units or any commercial development shall be a minimum of eight feet.
(e) Unless additional width is specified in the area plans, the following are the minimum widths for bicycle facilities for all new multifamily (with exception of ADUs) or mixed-use residential projects with three or more residential units or any commercial development:

Soquel Avenue – Eastern city limits to Dakota Avenue -- ten feet minimum All Other Roadways
Compliance with 15.15.020
Section 5. Section 24.10.801 PRINCIPAL PERMITTED USES of 24.10 Land Use Districts, of the Santa Cruz Municipal Code is hereby amended to read as follows:

Part 9: MU-M MIXED-USE MEDIUM-DENSITY DISTRICT*

24.10.801 PRINCIPAL PERMITTED USES.

USES FOR ACTIVE FRONTAGE.

1. Acting/art/music/dance schools and studios (610);

2. Apparel and accessory stores (250);

3. Communication and information (550);

4. Eating and drinking establishments (except bars, fast-food) subject to live entertainment and alcohol regulations of Chapter 24.12 (280);

5. Educational facilities (public/private) (510);

6. Financial, insurance, real estate offices (420);

7. Financial services (320);

8. Food and beverage stores (except liquor and convenience stores) (240);

9. General retail merchandise (drug and department stores) (230);

10. Government and public agencies (530);

11. Hardware stores (indoor sales only) (220A);

12. Home furnishing stores (270);

13. Low-Barrier Navigation Centers, subject to the regulations of section 24.12.165;

14. Medical/health offices (except veterinarians and ambulance services) (410);

15. Museums and art galleries (600);

16. Professional offices (400), except as associated with a visitor-serving use;

17. Professional/personal service (except contractors’ yards and mortuaries) (310);

29.9 ORDINANCE NO. 2025-14
7 18. Repairs, alterations and maintenance services for household items (except boat repair) (340);

19. Small preschool/childcare (twelve or fewer) (510A);

20. Specialty retail supply stores (290); except thrift stores (290m);

21. Theaters (620);

22. Thrift stores consistent with the requirements of Section 24.12.146 (290m); RESIDENTIAL USES.

23. Multiple dwellings, townhouse dwelling groups, and condominium projects in one or more structures (830, 840);

24. Single-room occupancy (SRO) housing (860);

25. Flexible density units (FDU) housing;

26. Community care facilities including daycare (except family daycare homes), foster home, and retirement home (six or fewer persons);

27. Small and large family daycare homes in residential units;

28. Accessory uses are principally permitted when they are a subordinate use to the principal use of the lot.
a. Park and recreational facilities.
b. Home occupations subject to home occupation regulations as provided in Section

24.10.160.
c. Residential accessory uses and buildings customarily appurtenant to a permitted use, subject to the provisions of Section 24.12.140, Accessory buildings and structures;

29. Supportive and transitional housing;

30. Accessory dwelling units on parcels with an approved residential use, subject to the provisions of Chapter 24.16, Part 2; however accessory dwelling units shall not be subject to approval of a design permit;
COMMERCIAL USES.

31. Community organizations, associations, clubs and meeting halls (570);

32. Houses of worship/religious facilities (500);

33. Wireless telecommunications facilities, subject to the regulations in Part 15 of Chapter 24.12 requiring no public hearing.

Section 6. Section 24.10.802 USE PERMIT REQUIREMENT of 24.10 Land Use Districts, of the Santa Cruz Municipal Code is hereby amended to read as follows:

24.10.802 USE PERMIT REQUIREMENT.

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

USES FOR ACTIVE FRONTAGE.
a. Bakery, handicrafts or similar light manufacturing and assembly uses associated with retail sales if floor area is less than seven thousand square feet and retail sale or service area occupies at least thirty percent of the floor area; b. Brewpubs and microbreweries, subject to alcohol regulations in Part 12 of Chapter

24.12;

29.10 ORDINANCE NO. 2025-14
8 c. Cannabis retail, subject to the commercial cannabis regulations, Part 14 of Chapter

24.12;
d. Tasting rooms, subject to alcohol regulations in Part 12 of Chapter 24.12; e. Veterinarians (410A).

RESIDENTIAL USES.
f. Two family dwelling if the lot area allows for only two units. New single-family development is not permitted;
g. Temporary structures and uses;
h. Accessory buildings containing plumbing fixtures subject to the provisions of Section

24.12.140.

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

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

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

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

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

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

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

29.11 ORDINANCE NO. 2025-14
9 COMMERCIAL USES:
j. Contractor/building (310E);
k. Fabricated metal products (manufacturing) (150);
l. Fabricated wire products (manufacturing) (155A);
m. Food and beverage preparation (manufacturing) (100); n. Furniture and fixtures (manufacturing) (120);
o. Hospitals (520);
p. Laboratory research experimentation, testing, software development; q. Millwork, textile products, knit goods, woven fabrics, clothing (manufacturing) (105); r. Mortuaries (310I);
s. Motion picture production (manufacturing) (155E);
t. Rental services (360);
u. Solar equipment (manufacturing) (155C);
v. Sports recreation facilities, subject to alcohol regulations in Part 12 of Chapter 24.12 (720);
w. Stone, clay, glass products (manufacturing) (140);
x. Storage and warehouse when connected with permitted use (330); y. Wholesale trade (nondurable goods) (200):
i. Bakery,
ii. Confectionery,
iii. Dairy,
iv. Health foods;
z. Wholesale trade (durable goods) (210):
i. Paper products and related (210E),
ii. Special equipment (machine supply) (210F).

Section 7. Section 24.10.811 PRINCIPAL PERMITTED USES of 24.10 Land Use Districts, of the Santa Cruz Municipal Code is hereby amended to read as follows:

Part 9A: MU-H MIXED-USE HIGH-DENSITY DISTRICT

24.10.811 PRINCIPAL PERMITTED USES.

This district requires a mix of residential and commercial uses within each proposed development.

The following uses are permitted if a design permit is obtained for new structures and environmental review is conducted in accordance with city and state guidelines. Design permits are not required for accessory structures and additions that are less than one hundred twenty square feet and less than fifteen feet in building height. (Numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Further refinement of uses within these categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses).

USES FOR ACTIVE FRONTAGE.

1. Acting/art/music/dance schools and studios (610);

2. Apparel and accessory stores (250);

3. Communication and information (550);

29.12 ORDINANCE NO. 2025-14
10 4. Eating and drinking establishments (except bars, fast food) subject to live entertainment and alcohol regulations of Chapter 24.12 (280);

5. Educational facilities (public/private) (510);

6. Financial, insurance, real estate offices (420);

7. Financial services (320);

8. Food and beverage stores (except liquor and convenience stores) (240);

9. General retail merchandise (drug and department stores) (230);

10. Government and public agencies (530);

11. Hardware stores (indoor sales only) (220A);

12. Home furnishing stores (270);

13. Medical/health offices (except veterinarians and ambulance services) (410);

14. Museums and art galleries (60

15. Low-Barrier Navigation Centers, subject to the requirements of 24.12.165 ;

16. Professional offices (400), except as associated with a visitor-serving use;

17. Professional/personal service (except contractors’ yards and mortuaries) (310);

18. Repairs, alterations and maintenance services for household items (except boat repair) (340);

19. Small preschool/childcare (twelve or fewer) (510A);

20. Specialty retail supply stores (290); except thrift stores (290m);

21. Theaters (620);

22. Thrift stores consistent with the requirements of Section 24.12.146 (290m); RESIDENTIAL USES.

23. Multiple dwellings, townhouse dwelling groups, and condominium projects in one or more structures (830, 840);

24. Single-room occupancy (SRO) housing (860);

25. Flexible density units (FDU) housing;

26. Community care facilities including daycare (except family daycare homes), foster homes, and retirement homes (six or fewer persons);

27. Small and large family daycare homes in residential units;

28. Accessory uses are principally permitted when they are a subordinate use to the principal use of the lot.
a. Park and recreational facilities.
b. Home occupations subject to home occupation regulations as provided in Section

24.10.160.
c. Room and board for not more than two paying guests per dwelling unit, when located within principal building.
d. Residential accessory uses and buildings customarily appurtenant to a permitted use, subject to the provisions of Section 24.12.140, Accessory buildings and structures;

29. Supportive and transitional housing;

30. Accessory dwelling units on parcels with an approved residential use, subject to the provisions of Chapter 24.16, Part 2; however, accessory dwelling units shall not be subject to approval of a design permit;
COMMERCIAL USES.

31. Community organizations, associations, clubs and meeting halls (570);

32. Houses of worship/religious facilities (500);

29.13 ORDINANCE NO. 2025-14
11 33. Wireless telecommunications facilities, subject to the regulations in Part 15 of Chapter 24.12 requiring no public hearing.

Section 8. Section 24.10.812 USE PERMIT REQUIREMENT of 24.10 Land Use Districts, of the Santa Cruz Municipal Code is hereby amended to read as follows:

24.10.812 USE PERMIT REQUIREMENT.

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

USES FOR ACTIVE FRONTAGE.
a. Bakery, handicrafts or similar light manufacturing and assembly uses associated with retail sales if floor area is less than seven thousand square feet and retail sale or service area occupies at least thirty percent of the floor area; b. Brewpubs and microbreweries, subject to alcohol regulations in Part 12 of Chapter

24.12;
c. Cannabis retail, subject to the commercial cannabis regulations, Part 14 of Chapter

24.12;
d. Tasting rooms, subject to alcohol regulations in Part 12 of Chapter 24.12; e. Veterinarians (410A);
RESIDENTIAL USES.
f. Two-family dwelling if the lot area allows for only two units. New single-family development is not permitted;
g. Temporary structures and uses;
h. Accessory buildings containing plumbing fixtures subject to the provisions of Section

24.12.140;
COMMERCIAL USES.
i. Developed parks (710);
j. Fast-food restaurants or drive-in eating facilities subject to performance standards in Section 24.12.290, and subject to live entertainment and alcohol regulations of Chapter 24.12 (280H);
k. Lodging (300);
l. Off-site public/private parking facilities, five or more spaces (930); m. Recycling collection facilities;
n. Temporary commercial structures and uses;
o. Undeveloped parks and open space (700);
p. Utilities and resources (540);
q. Wireless telecommunications facilities, subject to the regulations in Part 15 of Chapter 24.12 requiring a public hearing;
r. Private property outdoor seating, subject to the requirements in Section 24.12.191.

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

29.14 ORDINANCE NO. 2025-14
12 USES FOR ACTIVE FRONTAGE.
a. Bar and cocktail lounges subject to live entertainment and alcohol regulations of Chapter 24.12 (280C);
b. Convenience stores, subject to alcohol regulations in Part 12 of Chapter 24.12 (240B);
c. Liquor stores, subject to alcohol regulations in Part 12 of Chapter 24.12; d. Nightclubs/music halls subject to live entertainment and alcohol regulations of Chapter 24.12 (630);
e. Smoking lounges as defined in Section 24.22.748.2 and subject to siting criteria and performance standards in Chapter 5.54;
RESIDENTIAL USES.
f. Community care facilities (seven or more persons) including daycare (except family daycare homes), nursing homes, retirement homes;
g. Dormitories, fraternity/sorority residence halls;
h. Health facilities for inpatient and outpatient psychiatric care and treatment; i. Social halls, lodges, fraternal organizations, and clubs, except those operated for a profit;
COMMERCIAL USES.
j. Contractor/building (310E);
k. Fabricated metal products (manufacturing) (150);
l. Fabricated wire products (manufacturing) (155A);
m. Food and beverage preparation (manufacturing) (100); n. Furniture and fixtures (manufacturing) (120);
o. Hospitals (520);
p. Laboratory research experimentation, testing, software development; q. Millwork, textile products, knit goods, woven fabrics, clothing (manufacturing) (105);
r. Mortuaries (310I);
s. Motion picture production (manufacturing) (155E);
t. Rental services (360);
u. Solar equipment (manufacturing) (155C);
v. Sports recreation facilities, subject to alcohol regulations in Part 12 of Chapter 24.12 (720);
w. Stone, clay, glass products (manufacturing) (140);
x. Storage and warehouse when connected with permitted use (330); y. Wholesale trade (nondurable goods) (200):
i. Bakery,
ii. Confectionery,
iii. Dairy,
iv. Health foods;
z. Wholesale trade (durable goods) (210):
i. Paper products and related (210E),
ii. Special equipment (machine supply) (210F).

29.15 ORDINANCE NO. 2025-14
13 Section 9. Section 24.10.821 PRINCIPAL PERMITTED USES of 24.10 Land Use Districts, of the Santa Cruz Municipal Code is hereby amended to read as follows:

Part 9B: MU-OM MIXED-USE OCEAN STREET MEDIUM-DENSITY DISTRICT*

24.10.821 PRINCIPAL PERMITTED USES.

This district allows a mix of residential and commercial uses within each proposed development, or exclusively commercial development. Each new development within the zone shall incorporate active commercial uses along the site frontage per requirements of Chapter 24.12.

The following uses are permitted outright if a design permit is obtained for new structures and environmental review is conducted in accordance with city and state guidelines. Design permits are not required for accessory structures and additions that are less than one hundred twenty square feet and less than fifteen feet in building height (numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Further refinement of uses within these categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):

USES FOR ACTIVE FRONTAGE.

1. Acting/art/music/dance schools and studios (610);

2. Apparel and accessory stores (250);

3. Communication and information (550);

4. Eating and drinking establishments (except bars, fast food) subject to live entertainment and alcohol regulations of Chapter 24.12 (280);

5. Educational facilities (public/private) (510);

6. Financial, insurance, real estate offices (420);

7. Financial services (320);

8. Food and beverage stores (except liquor and convenience stores) (240);

9. General retail merchandise (drug and department stores) (230);

10. Government and public agencies (530);

11. Hardware stores (indoor sales only) (220A);;

12. Home furnishing stores (270);

13. Low-Barrier Navigation Centers, subject to the requirements of 24.12.165;

14. Medical/health offices (except veterinarians and ambulance services) (410);

15. Museums and art galleries (600);

16. Professional offices (400), except as associated with a visitor-serving use;

17. Professional/personal service (except contractors’ yards and mortuaries) (310);

18. Repairs, alterations and maintenance services for household items (except boat repair) (340);

19. Small preschool/childcare (twelve or fewer) (510A);

20. Specialty retail supply stores (290); except thrift stores (290m);

21. Theaters (620);

22. Thrift stores consistent with the requirements of Section 24.12.146 (290m);

29.16 ORDINANCE NO. 2025-14
14 RESIDENTIAL USES.

23. Community care facilities including daycare (except family daycare homes), foster home, and retirement home (six or fewer persons);

24. Flexible density units (FDU) housing;

25. Multiple dwellings, townhouse dwelling groups, and condominium projects in one or more structures (830, 840);

26. Single-room occupancy (SRO) housing (860);

27. Small and large family daycare homes in residential units;

28. Accessory uses are principally permitted when they are a subordinate use to the principal use of the lot.
a. Home occupations subject to home occupation regulations as provided in Section

24.10.160.
b. Residential accessory uses and buildings customarily appurtenant to a permitted use, subject to the provisions of Section 24.12.140, Accessory buildings and structures;

29. Supportive and transitional housing;

30. Accessory dwelling units on parcels with an approved residential use, subject to the provisions of Chapter 24.16, Part 2; however, accessory dwelling units shall not be subject to approval of a design permit;
COMMERCIAL USES.

31. Community organizations, associations, clubs and meeting halls (570);

32. Houses of worship/religious facilities (500);

33. Lodging (300);

34. Off-site public/private parking facilities, five or more spaces, when combined with another allowed use (930);

35. Wireless telecommunications facilities, subject to the regulations in Part 15 of Chapter 24.12 requiring no public hearing.

Section 10. Section 24.10.822 USE PERMIT REQUIREMENT of 24.10 Land Use Districts, of the Santa Cruz Municipal Code is hereby amended to read as follows:

24.10.822 USE PERMIT REQUIREMENT.

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

USES FOR ACTIVE FRONTAGE.
a. Bakery, handicrafts or similar light manufacturing and assembly uses and wholesale trade associated with retail sales if floor area is less than seven thousand square feet and retail sale or service area occupies at least thirty percent of the floor area, where retail sale or service occupies the building frontage;
b. Brewpubs and microbreweries, subject to alcohol regulations in Part 12 of Chapter

24.12;
c. Cannabis retail, subject to the commercial cannabis regulations, Part 14 of Chapter

24.12;
d. Tasting rooms, subject to alcohol regulations in Part 12 of Chapter 24.12;

29.17 ORDINANCE NO. 2025-14
15 e. Veterinarians (410A);
RESIDENTIAL USES.
f. Temporary structures and uses.
g. Accessory buildings containing plumbing fixtures subject to the provisions of Section

24.12.140;
COMMERCIAL USES.
h. Fast-food restaurants or drive-in eating facilities subject to performance standards in Section 24.12.290, and subject to live entertainment and alcohol regulations of Chapter 24.12 (280H);
i. Off-site public/private parking facilities, five or more spaces (930); j. Recycling collection facilities;
k. Temporary commercial structures and uses;
l. Utilities and resources (540);
m. Wireless telecommunications facilities, subject to the regulations in Part 15 of Chapter 24.12 requiring a public hearing;
n. Private property outdoor seating, subject to the requirements in Section 24.12.191.

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

USES FOR ACTIVE FRONTAGE.
a. Bar and cocktail lounges subject to live entertainment and alcohol regulations of Chapter 24.12 (280C);
b. Convenience stores, subject to alcohol regulations in Part 12 of Chapter 24.12 (240B);
c. Liquor stores, subject to alcohol regulations in Part 12 of Chapter 24.12; d. Nightclubs/music halls subject to live entertainment and alcohol regulations of Chapter 24.12 (630);
e. Smoking lounges as defined in Section 24.22.748.2 and subject to siting criteria and performance standards in Chapter 5.54;
RESIDENTIAL USES.
f. Community care facilities (seven or more persons) including daycare (except family daycare homes), nursing home, retirement home;
g. Dormitories, fraternity/sorority residence halls, boardinghouses; h. Health facilities for inpatient and outpatient psychiatric care and treatment; i. Social halls, lodges, fraternal organizations, and clubs, except those operated for a profit;
COMMERCIAL USES.
j. Contractor/building (310E);
k. Fabricated metal products (manufacturing) (150);
l. Fabricated wire products (manufacturing) (155A);
m. Food and beverage preparation (manufacturing) (100);

29.18 ORDINANCE NO. 2025-14
16 n. Furniture and fixtures (manufacturing) (120);
o. Hospitals (520);
p. Laboratory research experimentation, testing, software development; q. Millwork, textile products, knit goods, woven fabrics, clothing (manufacturing) (105);
r. Mortuaries (310I);
s. Motion picture production (manufacturing) (155E);
t. Rental services (360);
u. Solar equipment (manufacturing) (155C);
v. Sports recreation facilities, subject to alcohol regulations in Part 12 of Chapter 24.12 (720);
w. Stone, clay, glass products (manufacturing) (140);
x. Storage and warehouse when connected with permitted use (330); y. Wholesale trade (nondurable goods) (200):
i. Bakery,
ii. Confectionery,
iii. Dairy,
iv. Health foods;
z. Wholesale trade (durable goods) (210):
i. Paper products and related (210E),
ii. Special equipment (machine supply) (210F).

Section 11. Section 24.10.831 PRINCIPAL PERMITTED USES of 24.10 Land Use Districts, of the Santa Cruz Municipal Code is hereby amended to read as follows:

Part 9C: MU-OH MIXED-USE OCEAN STREET HIGH-DENSITY DISTRICT*

24.10.831 PRINCIPAL PERMITTED USES.

This district allows a mix of residential and commercial uses within each proposed development, or exclusively commercial development. Each new development within the zone shall incorporate active commercial uses along the site frontage per requirements of Chapter 24.12.

The following uses are permitted outright if a design permit is obtained for new structures and environmental review is conducted in accordance with city and state guidelines. Design permits are not required for accessory structures and additions that are less than one hundred twenty square feet and less than fifteen feet in building height. (Numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Further refinement of uses within these categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):

USES FOR ACTIVE FRONTAGE.

1. Acting/art/music/dance schools and studios (610);

2. Apparel and accessory stores (250);

3. Communication and information (550);

4. Eating and drinking establishments (except bars, fast food) subject to live entertainment and alcohol regulations of Chapter 24.12 (280);

29.19 ORDINANCE NO. 2025-14
17 5. Educational facilities (public/private) (510);

6. Financial, insurance, real estate offices (420);

7. Financial services (320);

8. Food and beverage stores (except liquor and convenience stores) (240);

9. General retail merchandise (drug and department stores) (230);

10. Government and public agencies (530);

11. Hardware stores (indoor sales only) (220A);

12. Home furnishing stores (270);

13. Low-Barrier Navigation Centers, subject to the requirements of 24.12.165;

14. Medical/health offices (except veterinarians and ambulance services) (410);

15. Museums and art galleries (600);

16. Professional offices (400), except as associated with a visitor-serving use;

17. Professional/personal service (except contractors’ yards and mortuaries) (310);

18. Repairs, alterations and maintenance services for household items (except boat repair) (340);

19. Small preschool/childcare (twelve or fewer) (510A);

20. Specialty retail supply stores (290); except thrift stores (290m);

21. Theaters (620);

22. Thrift stores, consistent with the requirements of Section 24.12.146 (290m); RESIDENTIAL USES.

23. Community care facilities including daycare (except family daycare homes), foster home, and retirement home (six or fewer persons);

24. Flexible density units (FDU) housing;

25. Multiple dwellings, townhouse dwelling groups, and condominium projects in one or more structures (830, 840);

26. Single-room occupancy (SRO) housing (860);

27. Small and large family daycare homes in residential units;

28. Accessory uses are principally permitted when they are a subordinate use to the principal use of the lot:
a. Home occupations subject to home occupation regulations as provided in Section

24.10.160,
b. Residential accessory uses and buildings customarily appurtenant to a permitted use, subject to the provisions of Section 24.12.140, Accessory buildings and structures;

29. Supportive and transitional housing;

30. Accessory dwelling units on parcels with an approved residential use, subject to the provisions of Chapter 24.16, Part 2; however accessory dwelling units shall not be subject to approval of a design permit;
COMMERCIAL USES.

31. Community organizations, associations, clubs and meeting halls (570);

32. Houses of worship/religious facilities (500);

33. Lodging (300);

34. Off-site public/private parking facilities, five or more spaces, when combined with another allowed use (930);

35. Wireless telecommunications facilities, subject to the regulations in Part 15 of Chapter 24.12 requiring no public hearing.

29.20 ORDINANCE NO. 2025-14
18 Section 12. Section 24.10.832 USE PERMIT REQUIREMENT of 24.10 Land Use Districts, of the Santa Cruz Municipal Code is hereby amended to read as follows:

24.10.832 USE PERMIT REQUIREMENT.

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

USES FOR ACTIVE FRONTAGE.
a. Bakery, handicrafts or similar light manufacturing and assembly uses and wholesale trade associated with retail sales if floor area is less than seven thousand square feet and retail sale or service area occupies at least thirty percent of the floor area, where retail sale or service occupies the building frontage;
b. Brewpubs and microbreweries, subject to alcohol regulations in Part 12 of Chapter

24.12;
c. Cannabis retail, subject to the commercial cannabis regulations, Part 14 of Chapter

24.12;
d. Tasting rooms, subject to alcohol regulations in Part 12 of Chapter 24.12; e. Veterinarians (410A);
RESIDENTIAL USES.
f. Temporary structures and uses;
g. Accessory buildings containing plumbing fixtures subject to the provisions of Section

24.12.140;
COMMERCIAL USES.
h. Fast-food restaurants or drive-in eating facilities subject to performance standards in Section 24.12.290, and subject to live entertainment and alcohol regulations of Chapter 24.12 (280H);
i. Off-site public/private parking facilities, five or more spaces (930); j. Recycling collection facilities;
k. Temporary commercial structures and uses;
l. Utilities and resources (540);
m. Wireless telecommunications facilities, subject to the regulations in Part 15 of Chapter 24.12 requiring a public hearing;
n. Private property outdoor seating, subject to the requirements in Section 24.12.191.

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

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

29.21 ORDINANCE NO. 2025-14
19 d. Nightclubs/music halls subject to live entertainment and alcohol regulations of Chapter 24.12 (630);
e. Smoking lounges as defined in Section 24.22.748.2 and subject to siting criteria and performance standards in Chapter 5.54;
RESIDENTIAL USES.
f. Community care facilities (seven or more persons) including daycare (except family daycare homes), nursing home, retirement home;
g. Dormitories, fraternity/sorority residence halls, boardinghouses; h. Health facilities for inpatient and outpatient psychiatric care and treatment; i. Social halls, lodges, fraternal organizations, and clubs, except those operated for a profit;
COMMERCIAL USES.
j. Contractor/building (310E);
k. Fabricated metal products (manufacturing) (150);
l. Fabricated wire products (manufacturing) (155A);
m. Food and beverage preparation (manufacturing) (100); n. Furniture and fixtures (manufacturing) (120);
o. Hospitals (520);
p. Laboratory research experimentation, testing, software development; q. Millwork, textile products, knit goods, woven fabrics, clothing (manufacturing) (105);
r. Mortuaries (310I);
s. Motion picture production (manufacturing) (155E);
t. Rental services (360);
u. Solar equipment (manufacturing) (155C);
v. Sports recreation facilities, subject to alcohol regulations in Part 12 of Chapter 24.12 (720);
w. Stone, clay, glass products (manufacturing) (140);
x. Storage and warehouse when connected with permitted use (330); y. Wholesale trade (nondurable goods) (200):
i. Bakery,
ii. Confectionery,
iii. Dairy,
iv. Health foods;
z. Wholesale trade (durable goods) (210):
i. Paper products and related (210E),
ii. Special equipment (machine supply) (210F).

Section 13. Section 24.10.841 PRINCIPAL PERMITTED USES of 24.10 Land Use Districts, of the Santa Cruz Municipal Code is hereby amended to read as follows:

29.22 ORDINANCE NO. 2025-14
20 Part 9D: MU-VH MIXED-USE VISITOR-SERVING HIGH-DENSITY DISTRICT

24.10.841 PRINCIPAL PERMITTED USES.

This district allows a mix of residential and commercial uses within each proposed development, or exclusively commercial development. Each new development within the zone shall incorporate active commercial uses along the site frontage in conformance with the standards set in Section

24.12.185 relating to corridor frontage.

The following uses are permitted outright if a design permit is obtained for new structures and environmental review is conducted in accordance with city and state guidelines. Design permits are not required for accessory structures and additions that are less than one hundred twenty square feet and less than fifteen feet in building height. (Numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Further refinement of uses within these categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):

USES FOR ACTIVE FRONTAGE.

1. Acting/art/music/dance schools and studios (610);

2. Apparel and accessory stores (250);

3. Communication and information (550);

4. Eating and drinking establishments (except bars, fast-food) subject to live entertainment and alcohol regulations of Chapter 24.12 (280);

5. Educational facilities (public/private) (510);

6. Financial, insurance, real estate offices (420);

7. Financial services (320);

8. Food and beverage stores (except liquor and convenience stores) (240);

9. General retail merchandise (drug and department stores) (230);

10. Government and public agencies (530);

11. Hardware stores (indoor sales only) (220A);

12. Home furnishing stores (270);

13. Low-Barrier Navigation Centers, subject to the requirements of 24.12.165;

14. Medical/health offices (except veterinarians and ambulance services) (410);

15. Museums and art galleries (600);

16. Professional offices (400);

17. Professional/personal service (except contractors’ yards and mortuaries) (310);

18. Repairs, alterations and maintenance services for household items (except boat repair) (340);

19. Small preschool/childcare (twelve or fewer) (510A);

20. Specialty retail supply stores (290); except thrift stores (290m);

21. Theaters (620);

22. Thrift stores consistent with the requirements of Section 24.12.146 (290m); RESIDENTIAL USES.

23. Community care facilities including daycare (except family daycare homes), foster homes, and retirement homes (six or fewer persons);

24. Flexible density units (FDU) housing;

29.23 ORDINANCE NO. 2025-14
21 25. Multiple dwellings, townhouse dwelling groups, and condominium projects in one or more structures (830, 840);

26. Single-room occupancy (SRO) housing (860);

27. Small and large family daycare homes in residential units;

28. Accessory uses are principally permitted when they are a subordinate use to the principal use of the lot.
a. Home occupations subject to home occupation regulations as provided in Section

24.10.160.
b. Residential accessory uses and buildings customarily appurtenant to a permitted use, subject to the provisions of Section 24.12.140, Accessory buildings and structures;

29. Supportive and transitional housing;

30. Accessory dwelling units on parcels with an approved residential use, subject to the provisions of Chapter 24.16, Part 2; however, accessory dwelling units shall not be subject to approval of a design permit;
COMMERCIAL USES.

31. Community organizations, associations, clubs and meeting halls (570);

32. Houses of worship/religious facilities (500);

33. Lodging (300);

34. Off-site public/private parking facilities, five or more spaces, when combined with another allowed use (930);

35. Wireless telecommunications facilities, subject to the regulations in Part 15 of Chapter 24.12 requiring no public hearing.

Section 14. Section 24.10.842 USE PERMIT REQUIREMENT of 24.10 Land Use Districts, of the Santa Cruz Municipal Code is hereby amended to read as follows:

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

USES FOR ACTIVE FRONTAGE.
a. Bakery, handicrafts or similar light manufacturing and assembly uses and wholesale trade associated with retail sales if floor area is less than seven thousand square feet and retail sale or service area occupies at least thirty percent of the floor area, where retail sale or service occupies the building frontage;
b. Brewpubs and microbreweries, subject to alcohol regulations in Part 12 of Chapter

24.12;
c. Cannabis retail, subject to the commercial cannabis regulations, Part 14 of Chapter

24.12;
d. Tasting rooms, subject to alcohol regulations in Part 12 of Chapter 24.12; e. Veterinarians (410A);
RESIDENTIAL USES.
f. Temporary structures and uses;

29.24 ORDINANCE NO. 2025-14
22 g. Accessory buildings containing plumbing fixtures subject to the provisions of Section

24.12.140;
COMMERCIAL USES.
h. Fast-food restaurants or drive-in eating facilities subject to performance standards in Section 24.12.290, and subject to live entertainment and alcohol regulations of Chapter 24.12 (280H);
i. Off-site public/private parking facilities, five or more spaces (930); j. Recycling collection facilities;
k. Temporary commercial structures and uses;
l. Utilities and resources (540);
m. Wireless telecommunications facilities, subject to the regulations in Part 15 of Chapter 24.12 requiring a public hearing;
n. Private property outdoor seating, subject to the requirements in Section 24.12.191.

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

USES FOR ACTIVE FRONTAGE.
a. Bar and cocktail lounges subject to live entertainment and alcohol regulations of Chapter 24.12 (280C);
b. Convenience stores, subject to alcohol regulations in Part 12 of Chapter 24.12 (240B);
c. Liquor stores, subject to alcohol regulations in Part 12 of Chapter 24.12; d. Nightclubs/music halls subject to live entertainment and alcohol regulations of Chapter 24.12 (630);
e. Smoking lounges as defined in Section 24.22.748.2 and subject to siting criteria and performance standards in Chapter 5.54;
RESIDENTIAL USES.
f. Community care facilities (seven or more persons) including daycare (except family daycare homes), nursing homes, retirement homes;
g. Dormitories, fraternity/sorority residence halls, boardinghouses; h. Health facilities for inpatient and outpatient psychiatric care and treatment; i. Social halls, lodges, fraternal organizations, and clubs, except those operated for a profit;
COMMERCIAL USES.
j. Contractor/building (310E);
k. Fabricated metal products (manufacturing) (150);
l. Fabricated wire products (manufacturing) (155A);
m. Food and beverage preparation (manufacturing) (100); n. Furniture and fixtures (manufacturing) (120);
o. Hospitals (520);
p. Laboratory research experimentation, testing, software development;

29.25 ORDINANCE NO. 2025-14
23 q. Millwork, textile products, knit goods, woven fabrics, clothing (manufacturing) (105);
r. Mortuaries (310I);
s. Motion picture production (manufacturing) (155E);
t. Rental services (360);
u. Solar equipment (manufacturing) (155C);
v. Sports recreation facilities, subject to alcohol regulations in Part 12 of Chapter 24.12 (720);
w. Stone, clay, glass products (manufacturing) (140);
x. Storage and warehouse when connected with permitted use (330); y. Wholesale trade (nondurable goods) (200):
i. Bakery,
ii. Confectionery,
iii. Dairy,
iv. Health foods;
z. Wholesale trade (durable goods) (210):
i. Paper products and related (210E),
ii. Special equipment (machine supply) (210F).

Section 15. Section 24.10.851 PRINCIPAL PERMITTED USES of 24.10 Land Use Districts, of the Santa Cruz Municipal Code is hereby amended to read as follows:

Part 9E: MU-VA MIXED-USE VISITOR-SERVING ADDITIONAL HEIGHT DISTRICT

24.10.851 PRINCIPAL PERMITTED USES.

This district allows a mix of residential and commercial uses within each proposed development, or exclusively commercial development. Each new development within the zone shall incorporate active commercial uses along the site frontage per requirements of Chapter 24.12.

The following uses are permitted outright if a design permit is obtained for new structures and environmental review is conducted in accordance with city and state guidelines. Design permits are not required for accessory structures and additions that are less than one hundred twenty square feet and less than fifteen feet in building height. (Numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Further refinement of uses within these categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):

USES FOR ACTIVE FRONTAGE.

1. Acting/art/music/dance schools and studios (610);

2. Apparel and accessory stores (250);

3. Communication and information (550);

4. Eating and drinking establishments (except bars, fast-food) subject to live entertainment and alcohol regulations of Chapter 24.12 (280);

5. Educational facilities (public/private) (510);

6. Government and public agencies (530);

7. Financial, insurance, real estate offices (420);

29.26 ORDINANCE NO. 2025-14
24 8. Financial services (320);

9. Food and beverage stores (except liquor and convenience stores) (240);

10. General retail merchandise (drug and department stores) (230);

11. Hardware stores (indoor sales only) (220A);

12. Home furnishing stores (270);

13. Low-Barrier Navigation Centers, subject to the requirements of 24.12.165;

14. Medical/health offices (except veterinarians and ambulance services) (410);

15. Museums and art galleries (600);

16. Professional offices (400);

17. Professional/personal service (except contractors’ yards and mortuaries) (310);

18. Repairs, alterations and maintenance services for household items (except boat repair) (340);

19. Small preschool/childcare (twelve or fewer) (510A);

20. Specialty retail supply stores (290); except thrift stores (290m);

21. Theaters (620);

22. Thrift stores consistent with the requirements of Section 24.12.146 (290m); RESIDENTIAL USES.

23. Community care facilities including daycare (except family daycare homes), foster homes, and retirement homes (six or fewer persons);

24. Flexible density units (FDU) housing;

25. Multiple dwellings, townhouse dwelling groups, and condominium projects in one or more structures (830, 840);

26. Single-room occupancy (SRO) housing (860);

27. Small and large family daycare homes in residential units;

28. Accessory uses are principally permitted when they are a subordinate use to the principal use of the lot.
a. Home occupations subject to home occupation regulations as provided in Section

24.10.160.
b. Residential accessory uses and buildings customarily appurtenant to a permitted use, subject to the provisions of Section 24.12.140, Accessory buildings and structures;

29. Supportive and transitional housing;

30. Accessory dwelling units on parcels with an approved residential use, subject to the provisions of Chapter 24.16, Part 2; however, accessory dwelling units shall not be subject to approval of a design permit;
COMMERCIAL USES.

31. Community organizations, associations, clubs and meeting halls (570);

32. Houses of worship/religious facilities (500);

33. Lodging (300);

34. Off-site public/private parking facilities, five or more spaces, when combined with another allowed use (930);

35. Professional offices (400).

Section 16. Section 24.10.852 USE PERMIT REQUIREMENT of 24.10 Land Use Districts, of the Santa Cruz Municipal Code is hereby amended to read as follows:

29.27 ORDINANCE NO. 2025-14
25 24.10.852 USE PERMIT REQUIREMENT.

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

USES FOR ACTIVE FRONTAGE.
a. Bakery, handicrafts or similar light manufacturing and assembly uses and wholesale trade associated with retail sales if floor area is less than seven thousand square feet and retail sale or service area occupies at least thirty percent of the floor area, where retail sale or service occupies the building frontage;
b. Brewpubs and microbreweries, subject to alcohol regulations in Part 12 of Chapter

24.12;
c. Cannabis retail, subject to the commercial cannabis regulations, Part 14 of Chapter

24.12;
d. Tasting rooms, subject to alcohol regulations in Part 12 of Chapter 24.12; e. Veterinarians (410A);
RESIDENTIAL USES.
f. Temporary structures and uses;
g. Accessory buildings containing plumbing fixtures subject to the provisions of Section

24.12.140;
COMMERCIAL USES.
h. Fast-food restaurants or drive-in eating facilities subject to performance standards in Section 24.12.290, and subject to live entertainment and alcohol regulations of Chapter 24.12 (280H);
i. Off-site public/private parking facilities, five or more spaces (930); j. Recycling collection facilities;
k. Temporary commercial structures and uses;
l. Utilities and resources (540);
m. Wireless telecommunications facilities, subject to the regulations in Part 15 of Chapter 24.12;
n. Private property outdoor seating, subject to the requirements in Section 24.12.191.

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

USES FOR ACTIVE FRONTAGE.
a. Bar and cocktail lounges subject to live entertainment and alcohol regulations of Chapter 24.12 (280C);
b. Convenience stores, subject to alcohol regulations in Part 12 of Chapter 24.12 (240B);
c. Liquor stores, subject to alcohol regulations in Part 12 of Chapter 24.12; d. Nightclubs/music halls subject to live entertainment and alcohol regulations of Chapter 24.12 (630);

29.28 ORDINANCE NO. 2025-14
26 e. Smoking lounges as defined in Section 24.22.748.2 and subject to siting criteria and performance standards in Chapter 5.54;
RESIDENTIAL USES.
f. Community care facilities (seven or more persons) including daycare (except family daycare homes), nursing homes, retirement homes;
g. Dormitories, fraternity/sorority residence halls, boardinghouses; h. Health facilities for inpatient and outpatient psychiatric care and treatment; i. Social halls, lodges, fraternal organizations, and clubs, except those operated for a profit;
COMMERCIAL USES.
j. Contractor/building (310E);
k. Fabricated metal products (manufacturing) (150);
l. Fabricated wire products (manufacturing) (155A);
m. Food and beverage preparation (manufacturing) (100); n. Furniture and fixtures (manufacturing) (120);
o. Hospitals (520);
p. Laboratory research experimentation, testing, software development; q. Millwork, textile products, knit goods, woven fabrics, clothing (manufacturing) (105);
r. Mortuaries (310I);
s. Motion picture production (manufacturing) (155E);
t. Rental services (360);
u. Solar equipment (manufacturing) (155C);
v. Sports recreation facilities, subject to alcohol regulations in Part 12 of Chapter 24.12 (720);
w. Stone, clay, glass products (manufacturing) (140);
x. Storage and warehouse when connected with permitted use (330); y. Wholesale trade (nondurable goods) (200):
i. Bakery,
ii. Confectionery,
iii. Dairy,
iv. Health foods;
z. Wholesale trade (durable goods) (210):
i. Paper products and related (210E),
ii. Special equipment (machine supply) (210F).

Section 17. Section 24.16.200 PURPOSE of 24.16 AFFORDABLE HOUSING PROVISIONS, of the Santa Cruz Municipal Code is hereby amended to read as follows:

Chapter 24.16 AFFORDABLE HOUSING PROVISIONS
Part 3: DENSITY BONUS PROVISIONS FOR RESIDENTIAL UNITS

29.29 ORDINANCE NO. 2025-14
27 24.16.200 PURPOSE.

The purposes of this Part 3 of this chapter are: (1) to provide incentives for the production of housing for very-low-income, low-income, moderate-income, and senior households; (2) to provide incentives for the creation of rental housing serving lower-income households; (3) to provide incentives for the construction of child care centers serving very-low-, low-, and moderateincome households; and (4) to implement California Government Code Sections 65915, 65915.5, 65915.7, and 65917 as required by Government Code Section 65915(a). Where allowances of state law in Government Code Section 65915 et seq., as amended, conflict with any provisions of this Part, state law prevails. In enacting this part, it is also the intent of the city of Santa Cruz to implement the goals, objectives, and policies of the city’s General Plan Housing Element to encourage the construction of affordable housing in the city. Further, it is the intent of the city of Santa Cruz to encourage the development of rental housing in order to serve an economically diverse community and to mitigate the trend, as documented in the General Plan Housing Element, that only limited rental unit development occurs without public assistance.

Section 18. Section 24.22.125 On-Street Bicycle Facility of 24.22 DEFINITIONS, of the Santa Cruz Municipal Code is hereby added and will read as follows:

Chapter 24.22 DEFINITIONS

24.22.125 ON-STREET BICYCLE FACILITY
A facility intended for bicycle travel within the public right of way which designates separate space for bicyclists distinct from motor vehicle traffic.

Section 19. Section 24.22.130 BOARDING HOME FOR THE AGED of 24.22 DEFINITIONS, of the Santa Cruz Municipal Code is hereby amended to read as follows:

24.22.130 BOARDING HOME FOR THE AGED.
(See 24.22.662, Retirement Home or Center)
Section 20. Section 24.22.223 COMMUNITY CARE FACILITY of 24.22 DEFINITIONS, of the Santa Cruz Municipal Code is hereby amended to read as follows:

24.22.223 COMMUNITY CARE FACILITY.

Any facility, place, or building that is maintained and operated to provide nonmedical residential care, day treatment, adult daycare, or foster family agency services for children, adults or children and adults, including, but not limited to, the physically handicapped, mentally impaired, incompetent persons, and abused or neglected children, and as further defined under state Health and Safety Code Section 1502. All community care facilities shall be appropriately licensed or registered pursuant to state law, unless exempted therefrom by state law. This definition and all other definitions relating to community care facilities shall be interpreted so as to be consistent with definitions found in state law or state administrative regulations.

Section 21. Section 24.22.237 Coordinated Entry System of 24.22 DEFINITIONS, of the Santa Cruz Municipal Code is hereby added and will read as follows:

29.30 ORDINANCE NO. 2025-14
28 24.22.237 COORDINATED ENTRY SYSTEM.

A centralized or coordinated assessment system developed pursuant to Section 576.400(d) or Section 578.7(a)(8), as applicable, of Title 24 of the Code of Federal Regulations, as those sections read on January 1, 2020, and any related requirements, designed to coordinate program participant intake, assessment, and referrals.

Section 22. Section 24.22.284 DRIPLINE of 24.22 DEFINITIONS, of the Santa Cruz Municipal Code is hereby added and will read as follows:

24.22.284 DRIPLINE
The outermost circumference of the tree's canopy, from which water drips onto the ground.

Section 23. Section 24.22.527 Low-Barrier Navigation Center of 24.22 DEFINITIONS, of the Santa Cruz Municipal Code is hereby added and will read as follows:

24.22.527 LOW-BARRIER NAVIGATION CENTER.

A housing-first, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. “Low barrier” means best practices to reduce barriers to entry, and may include, but is not limited to, the following:
a. The presence of partners if it is not a population-specific site, such as for survivors of domestic violence or sexual assault, women, or youth. b. Allowance to keep pets.
c. The storage of possessions.
d. Privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two beds, or private rooms.

Section 24. Section 22.22.619 PRIVATE OPEN SPACE of 24.22 DEFINITIONS, of the Santa Cruz Municipal Code is hereby amended to read as follows:

22.22.619 PRIVATE OPEN SPACE.
“Private open space” means outdoor area either at ground level or on a balcony, including patios, decks, or other privately-accessed outdoor space which is appurtenant to a dwelling unit and designed for the exclusive use of the occupants of that dwelling unit.

Section 25. Section 24.22.662 RETIREMENT HOME OR CENTER of 24.22 DEFINITIONS, of the Santa Cruz Municipal Code is hereby amended to read as follows:

24.22.662 RETIREMENT HOME OR CENTER.

A facility, including but not limited to a residential care facility for the elderly or a continuing care retirement community, that is designated and intended to provide suitable living quarters and specialized services to elderly, or retired, ambulatory persons. These units are designed to serve elderly persons, and may include such special facilities and services as, but not limited to, communal cooking and eating areas, special dietary programs, wheelchair ramps, hallway

29.31 ORDINANCE NO. 2025-14
29 handrails and other special features and programs intended to serve the needs of elderly, retired persons.

Section 25. Section 24.22.836 THRIFT STORE of 24.22 DEFINITIONS, of the Santa Cruz Municipal Code is hereby added and will read as follows:

24.22.836 THRIFT STORE
A retail store and related donation facilities engaged primarily in the sale of secondhand clothing, shoes, apparel, toys, and standard household goods, including furniture, fixtures, and small household appliances, and the collection of those goods for resale. Does not include the sale of large household appliances such as refrigerators or stoves and does not include the sale of cars or anything automotive-related.

Section 26. The City Council finds and determines that the adoption of this ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) as a project has been considered under the City’s existing 2030 General Plan Environmental Impact Report and that it can be seen with certainty to have no possibility for causing a significant effect on the environment.

Section 27. 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 28. This ordinance shall take effect and be in full force thirty (30) days after final adoption.

PASSED FOR PUBLICATION this 27th day of May, 2025, by the following vote:

AYES: Councilmembers Trigueiro, Brunner, Newsome, Golder, O’Hara; Vice Mayor Kalantari-Johnson; Mayor Keeley.

NOES: None.

ABSENT: None.

DISQUALIFIED: None.

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

29.32 ORDINANCE NO. 2025-14
30 PASSED FOR FINAL ADOPTION this 10th day of June, 2025, 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. 2025-14 and that
it has been published or posted in
accordance with the Charter of the
City of Santa Cruz.
________________________________
Bonnie Bush, City Clerk Administrator

29.33 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:

June 4, 2025
I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge.

This 4th day of June, 2025, Santa Cruz, California
____________________________
Julia Wood
Deputy City Clerk Administrator

29.34 DECLARATION OF POSTING

STATE OF CALIFORNIA )
) SS.

COUNTY OF SANTA CRUZ )
On the 2nd day of June, 2025, I posted conspicuously in three public places within the City of Santa Cruz, Ordinance No. 2025-14, 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—30.

I declare under penalty of perjury that the foregoing is true and correct. Executed this 2nd day of June, 2025, in Santa Cruz, California.
_______________________________
Julia Wood
Deputy City Clerk Administrator

29.35 ORDINANCE NO. 2025-15

AN ORDINANCE OF THE CITY OF SANTA CRUZ AMENDING SANTA CRUZ MUNICIPAL CODE SECTIONS 24.04.030 TYPES OF PERMITS AND OTHER ACTIONS AUTHORIZED BY THIS TITLE, 24.04.130 DECISION-MAKING BODY WITH FINAL AUTHORITY ON APPLICATION APPROVAL, CHAPTER 24.10 LAND USE DISTRICTS,

PRINCIPAL PERMITTED USES AND USE PERMIT REQUIREMENTS IN R-S RESIDENTIAL SUBURBAN, R-1 SINGLE-FAMILY RESIDENCE, R-L MULTIPLE RESIDENCE – LOW-DENSITY, R-H MULTIPLE RESIDENCE – HIGH-DENSITY, R-T(A)– MEDIUM DENSITY RESIDENTIAL, R-T(B)– MOTEL RESIDENTIAL, R-T(D) – BEACH RESIDENTIAL, R-T(E)– BEACH MEDIUM/HIGH DENSITY RESIDENTIAL, C-C

COMMUNITY COMMERCIAL AND C-B BEACH COMMERCIAL DISTRICTS AND SUBDISTRICTS, CHAPTER 24.10 LAND USE DISTRICTS, PRINCIPAL PERMITTED USES IN R-M MULTIPLE RESIDENCE – MEDIUM-DENSITY, R-T(C)– BEACH

COMMERCIAL, C-T THOROUGHFARE COMMERCIAL, C-N NEIGHBORHOOD

COMMERCIAL, AND P-A PROFESSIONAL AND ADMINISTRATIVE OFFICE DISTRICTS AND SUBDISTRICTS, 24.12.185 OBJECTIVE DESIGN STANDARDS FOR MULTIFAMILY DEVELOPMENT, 24.12.220 EXCEPTIONS, OFF-STREET PARKING AND LOADING FACILITIES, 24.12.241 ELECTRIC VEHICLE CHARGING STATION REQUIREMENTS, 24.12.250 BIKE PARKING REQUIREMENTS, 24.12.280 DESIGN REQUIREMENTS, 24.12.445 VARIATIONS TO REGULATIONS FOR BUILDINGS AND

SITES ON CITY HISTORIC BUILDING SURVEY AND CONTRIBUTING BUILDINGS WITHIN CITY HISTORIC DISTRICTS, AND CREATING CODE SECTIONS 24.04.260

REQUESTS FOR REASONABLE ACCOMMODATIONS FOR PERSONS WITH DISABILITIES, 24.12.146 THRIFT STORE AND PAWN SHOP REQUIREMENTS, 24.12.165

LOW-BARRIER NAVIGATION CENTERS, TO IMPLEMENT ZONING ORDINANCE

AMENDMENTS RELATED TO REASONABLE ACCOMMODATIONS FOR PEOPLE

WITH DISABILITIES, LOW-BARRIER NAVIGATION CENTERS, OBJECTIVE DESIGN

STANDARDS FOR MULTIFAMILY HOUSING UPDATES, ELECTRIC VEHICLE

CHARGING, BICYCLE PARKING AND FACILITIES, AND HISTORIC STRUCTURES ON

MISSION STREET, WITHIN THE COASTAL ZONE
WHEREAS, the Objective Design Standards for Multifamily Housing were adopted on December 13, 2022 by the Santa Cruz City Council; and
WHEREAS, at the time of adoption of these standards, the City Council directed staff to bring periodic updates and refinements forward for consideration by the Planning Commission and City Council; and
WHEREAS, city staff, in collaboration with members of the development community and the public has reviewed many projects against the standards now incorporated into the Municipal Code and has identified areas that would clarification, correction, and amendment; and WHEREAS, at its January 27, 2025 meeting, the City Transportation and Public Works Commission reviewed the proposed additions and modifications to Titles 10 and 15 of the Santa

29.36 ORDINANCE NO. 2025-15
2 Cruz Municipal Code and recommended approval to the City Council with a few modifications, one of which is included in the staff recommendation; and WHEREAS, at its April 3, 2025 meeting, the City Planning Commission reviewed the proposed amendments to Title 24 of the Santa Cruz Municipal Code and found that the public necessity, and the general community welfare, and good zoning practice shall be served and furthered; and that the proposed amendments are in general conformance with the principles, policies, and land use designations set forth in the General Plan, Local Coastal Plan and any adopted area or specific plan as proposed to be amended; and WHEREAS, at its April 17, 2025 meeting the City Planning Commission passed a motion that recommended the City Council approve the determination under the California Environmental Quality Act and approve the proposed amendments to Title 24 of the Santa Cruz Municipal Code.

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

Section 1. Section 24.04.030 - TYPES OF PERMITS AND OTHER ACTIONS AUTHORIZED BY THIS TITLE of Chapter 24.04 Administration, of the Santa Cruz Municipal Code is hereby amended to read as follows:

24.04.030 TYPES OF PERMITS AND OTHER ACTIONS AUTHORIZED BY THIS TITLE.

The following permits and actions are established in order to carry out the purposes and requirements of this title:

1. Appeals;

2. Coastal permit;

3. Conditional fence permit;

4. Conservation regulations modifications (in the Coastal Zone only);

5. Design permit;

6. Demolition/conversion permit:
a. Demolition authorization permit for residential structures, b. Historic demolition permit;

7. Extension of permits;

8. Historic building survey: building designation and deletion;

9. Historic alteration permit;
a. Administrative historic alteration permit;

29.37 ORDINANCE NO. 2025-15
3 10. Historic landmark designation;

11. Mobile homes: certificate of compatibility;

12. Mobile home park conversion;

13. Planned development permit;

14. Project modifications, pursuant to Section 24.04.160(4)(b);

15. Relocation permit;

16. Request for Reasonable Accommodation for persons with disabilities;

17. Revocation of permits;

18. Signs:
a. Design permit (for signs),
b. Building permit (for signs),
c. Sign permit – public art exception;

19. Slope development permit (outside the Coastal Zone);

20. Use permit:
a. Administrative use permit, for uses requiring an administrative use permit; b. Special use permit, for uses requiring a special use permit;

21. Variance;

22. Watercourse development permit;

23. Watercourse variance;

24. Zoning Ordinance and General Plan text/map amendments.

Section 2. Section 24.04.130 DECISION-MAKING BODY WITH FINAL AUTHORITY ON APPLICATION APPROVAL of Chapter 24.04 Administration, of the Santa Cruz Municipal Code is hereby amended to read as follows:

24.04.130 DECISION-MAKING BODY WITH FINAL AUTHORITY ON APPLICATION

APPROVAL
The following table indicates the decision-making body who can approve, deny or conditionally approve an application, whether or not a public hearing is required, and the bodies to which appeals can be made:

29.38 ORDINANCE NO. 2025-15
4 1. The planning commission and city council may refer certain aspects of any application to the zoning administrator for final action.

2. The zoning administrator may refer any of the matters on which he/she is authorized to act to the planning commission or historic preservation commission.

3. Recommendations for approval on General Plan matters and Zoning Ordinance text and map amendments shall require a majority vote of the planning commission; all other actions shall require a majority of the hearing body present at the meeting.

Public Hearing Requirement and Decision-Making
Body Which Can Approve an Application
No Public
Hearing Permits/Actions Public Hearing 4
Action Recommen
dation Action
Appeal
Bodies (in
order)
Coastal Permit ZA (ADU1
) ZA1 CPC/CC/CC
C1
Administrative Use Permit:

Temporary uses, variations to
parking design requirements and
number of spaces, low risk alcohol
outlets, and half baths in accessory
buildings

ZA CPC/CC
Administrative Use Permit:

Variations to parking design
requirements or variations to number
of required spaces

ZA CPC/CC/CC
C
Other uses as listed by individual
zoning districts as requiring an
Administrative Use Permit

ZA CPC/CC
Conditional Fence Permit ZA ZA CPC/CC
Slope Regulations Modifications
(Variance) in the Coastal Zone CPC CC
Slope Development Permit (on or
within 20 feet of a 50% or greater
slope) outside the Coastal Zone

ZA CPC/CCC
Slope Regulations Modifications
(Design Permit) in the Coastal Zone ZA CPC/CC
Slope Development Permit (on or
within 20 feet of a slope greater than ZA CPC/CC

29.39 ORDINANCE NO. 2025-15
5 or equal to 30% and less than 50%)
outside the Coastal Zone
Design Permit ZA CPC/CC

1. Substandard lots: new twostory structures and secondstory additions with a singlefamily residential use, excluding ADUs

ZA CPC/CC

2. Large homes per Section

24.08.450 ZA CPC/CC

3. Wireless telecommunications
facilities ZA ZA CPC/CC

4. New structures or
improvements to existing
structures in the WCD Overlay
which are exempt or excluded
from coastal permit
requirements

ZA CPC/CC

5. New structures or
improvements to existing
structures in the WCD Overlay
which require a coastal permit

ZA CPC/CC

6. Residential development in RL, R-M, or R-H zone districts conforming to all standards of
Section 24.12.185

ZA CPC/CC

7. Mixed-use or residential
development not within the RL, R-M, or R-H zone districts with no more than 50 dwelling
units and conforming to all
standards of Section 24.12.185.

ZA CPC/CC

8. Mixed-use or residential
developments not within the RL, R-M, or R-H zone districts with 51 dwelling units or more
and conforming to all standards
of Section 24.12.185

ZA CPC/CC

9. Mixed-use or residential
development varying from at ZA CPC/CC

29.40 ORDINANCE NO. 2025-15
6 least one and no more than five
standards of Section 24.12.185.

10. Mixed-use or residential
development that varies from
six or more standards of
Section 24.12.185
CPC CC
Demolition Permit

1. Single-family residential ZA CPC/CC

2. Multifamily residential CPC CC

3. Historic demolition permit HPC CC

4. Nonresidential ZA2 ZA2 CPC/CC
General Plan Text and Map
Amendments
CPC CC/CCC3
Historic Alteration Permit HPC CC
Administrative Historic Alteration
Permit

ZA HPC/CC
Historic Building Survey:

Building designation, deletion HPC CC
Historic District Designation HPC/CPC CC
Historic Landmark Designation HPC CC
Mobile Homes (Certificate of
Compatibility)

ZA CPC/CC
Mobile Home Park Conversion CPC CC
Outdoor Extension Areas per
Section 24.12.192

ZA CPC/CC
Planned Development Permit CPC CC
Project (Major) Modification Hearing by ZA or body
approving application
Appeal to
next highest
body(ies)
Project (Minor) Modification ZA CPC/CC
Relocation of Structures Permit ZA CPC/CC
Revocation Permit Hearing by ZA or body
approving application
Appeal to
next highest
body(ies)

29.41 ORDINANCE NO. 2025-15
7 Request for Reasonable
Accommodation
ZA CPC
Sign Permit ZA CPC/CC
Special Use Permit CPC CC
Variance ZA CPC/CC
Watercourse Variance CPC CC
Watercourse Development Permit ZA CPC/CC
Zoning Ordinance Text and Map
Amendments:

Amendments recommended by CPC CPC CC/CCC3
Amendments not recommended by
CPC
CPC CC/CCC3
CCC = California Coastal Commission CC = City Council CPC = City Planning Commission
HPC = Historic Preservation Commission ZA = Zoning Administrator

1. For projects seaward of the mean high tide line, and in the case of appealable actions, the California Coastal Commission shall be the decision-making body which can finally approve an application. In the Coastal Zone, all proposed accessory dwelling units that require a coastal permit shall be processed in the manner described in Chapter 24.04 and Section

24.08.200 et seq. (including in terms of public noticing and process for appeal to the Coastal Commission) except that no public hearing shall be required. A coastal permit for an accessory dwelling unit is not locally appealable. An appeal of such a coastal permit within the appealable area of the Coastal Zone shall be made directly to the California Coastal Commission. In addition to all other applicable LCP requirements, standards for ADUs in the Coastal Zone are specified in Section 24.12.140(2).

2. Such permits shall be issued administratively, without a public hearing, unless a cultural resources evaluation, prepared by a qualified consultant as determined by the zoning administrator, determines that the building or structure is eligible for listing on the city historic building survey.

3. California Coastal Commission in case of CLUP policy, CLIP elements.

4. At a regularly scheduled meeting, a majority of the council may take an action to direct any project or amendment to be called from a lower hearing body prior to a final action or during an appeal period in accordance with Section 24.04.175(2).

5. An appellant must exhaust all local appeals before an appeal can be made to the California Coastal Commission, unless the coastal permit is processed concurrently with other permits pursuant to Section 24.04.150 (for example, a design permit, a use permit, etc.). Because the city charges an appeal fee pursuant to Section 24.04.070 for appeals of coastal permits processed concurrently with other permits, Section 30603(c) of the Coastal Act does not require an appellant to exhaust all local appeals before a project can be appealed to the

29.42 ORDINANCE NO. 2025-15
8 California Coastal Commission. The city does not charge a fee for local appeals of standalone coastal permits (i.e., where the coastal permit is not accompanied by any other permits).

Section 3. Section 24.04.260 Requests for Reasonable Accommodations for persons with disabilities of Chapter 24.04 Administration, of the Santa Cruz Municipal Code is hereby added and will read as follows:

24.04.260 REQUESTS FOR REASONABLE ACCOMMODATIONS FOR PERSONS

WITH DISABILITIES

1. PURPOSE.

It is the policy of the City of Santa Cruz, pursuant to the federal Fair Housing Amendments Act of 1988 and the California Fair Employment and Housing Act (hereafter “fair housing laws”), to provide individuals with disabilities reasonable accommodation in rules, policies, practices and procedures to ensure equal access to housing and facilitate the development of housing for individuals with disabilities. This section establishes a procedure for making requests for reasonable accommodation in land use, zoning and building regulations, policies, practices and procedures of the jurisdiction to comply fully with the intent and purpose of fair housing laws.

2. APPLICABILITY.

Reasonable accommodation in the land use and zoning context means providing individuals with disabilities or developers of housing for people with disabilities with flexibility in the application of land use and zoning and building regulations, policies, practices and procedures, or even waiving certain requirements, when it is necessary to eliminate barriers to housing opportunities.

An individual with a disability is someone who has a physical or mental impairment that limits one or more major life activities; anyone who is regarded as having such impairment; or anyone with a record of such impairment.

A request for reasonable accommodation may be made by any individual with a disability, their representative, or a developer or provider of housing for individuals with disabilities, when the application of a land use, zoning or building regulation, policy, practice or procedure acts as a barrier to fair housing opportunities.

3. NOTICE TO THE PUBLIC OF AVAILABILITY OF ACCOMMODATION PROCESS.

Notice of the availability of reasonable accommodation shall be prominently displayed at public counter in the Planning & Community Development Department advising the public of the availability of the procedure for eligible individuals. Forms for requesting reasonable accommodation shall be available to the public in the same area.

4. REQUESTING REASONABLE ACCOMMODATION.
a. In order to make housing available to an individual with a disability, any eligible person as defined in subsection (2) above may request a reasonable accommodation in land use, zoning and building regulations, policies, practices and procedures. b. Requests for reasonable accommodation shall be in writing and provide the following information:

29.43 ORDINANCE NO. 2025-15
9 (1) Name and address of the individual(s) requesting reasonable accommodation; (2) Name and address of the property owner(s);
(3) Address of the property for which accommodation is requested; (4) Description of the requested accommodation and the regulation(s), policy or procedure for which accommodation is sought; and to use and enjoy the dwelling.
c. Any information identified by an applicant as confidential shall be retained in a manner so as to respect the privacy rights of the applicant and shall not be made available for public inspection except as the City otherwise deems is required by law. d. A request for reasonable accommodation in regulations, policies, practices and procedures may be filed at any time that the accommodation may be necessary to ensure equal access to housing. A reasonable accommodation does not affect an individual’s obligations to comply with other applicable regulations not at issue in the requested accommodation.
e. If an individual needs assistance in making the request for reasonable accommodation, the City will provide assistance to ensure that the process is accessible.

5. REVIEWING AUTHORITY.
a. Requests for reasonable accommodation shall be reviewed by the Zoning Administrator or his or her designee based on the required findings set forth below. b. The Zoning Administrator shall issue a written decision on a request for reasonable accommodation within thirty (30) days of the date of the application and may either grant, grant with modifications, or deny a request for reasonable accommodation in accordance with the required findings.
c. If necessary to reach a determination on the request for reasonable accommodation, the Zoning Administrator may request further information from the applicant consistent with fair housing laws, specifying in detail the information that is required.

In the event that a request for additional information is made, the thirty (30) day period to issue a decision is stayed until the applicant responds to the request.

6. REQUIRED FINDINGS FOR REASONABLE ACCOMMODATIONS.

The written decision to grant, grant with modifications, or deny a request for reasonable accommodation shall be consistent with fair housing laws and based on the following factors:
a. Whether the housing, which is the subject of the request for reasonable accommodation, will be used by an individual with disabilities protected under fair housing laws; and
b. Whether the requested accommodation is necessary to make housing available to an individual with disabilities protected under the fair housing laws; and c. Whether the requested accommodation would impose an undue financial or administrative burden on the jurisdiction; and
d. Whether the requested accommodation would require a fundamental alteration in the nature of the jurisdiction’s land use and zoning or building program.

29.44 ORDINANCE NO. 2025-15
10 7. WRITTEN DECISION ON THE REQUEST FOR REASONABLE ACCOMMODATION. a. The written decision on the request for reasonable accommodation shall explain in detail the basis of the decision, including the Zoning Administrator’s findings. All written decisions shall give notice of the applicant’s right to appeal and to request reasonable accommodation in the appeals process as set forth below. The notice of decision shall be sent to the applicant by certified mail. b. The written decision of the Zoning Administrator shall be final unless an applicant appeals it to the City Planning Commission.
c. If the Zoning Administrator fails to render a written decision on the request for reasonable accommodation within the thirty (30) day time period required, the request shall be deemed granted.
d. While a request for reasonable accommodation is pending, all laws and regulations otherwise applicable to the property that is the subject of the request shall remain in full force and effect.

8. APPEALS.
a. Within thirty (30) days of the date of the Zoning Administrator’s written decision, an applicant may appeal an adverse decision. Appeals from the adverse decision shall be made in writing. Appeals of Requests for Reasonable Accommodation shall be decided during a public hearing before the City Planning Commission, and application for such appeals shall be subject to any fees required for such a hearing. b. If an individual needs assistance in filing an appeal on an adverse decision, the City will provide assistance to ensure that the appeals process is accessible. c. All appeals shall contain a statement of the grounds for the appeal. Any information identified by an applicant as confidential shall be retained in a manner so as to respect the privacy rights of the applicant and shall not be made available for public inspection.
d. Nothing in this procedure shall preclude an aggrieved individual from seeking any other state or federal remedy available.

Section 4. Section 24.10.210 PRINCIPAL PERMITTED USES of Chapter 24.10 Land Use Districts, of the Santa Cruz Municipal Code is hereby amended to read as follows:

24.10.210 PRINCIPAL PERMITTED USES.

1. Single-family dwelling.

2. Community care facilities with six or fewer persons, but not including community care residential facilities.

3. Community care residential facilities, including foster family homes, within one or more existing dwelling units.

4. Crop and tree farming and grazing lands.

5. Small and large family daycare homes in residential units.

29.45 ORDINANCE NO. 2025-15
11 6. Community garden.

7. Accessory uses are principally permitted when they are a subordinate use to the principal use of the lot.
a. Home occupations subject to home occupation regulations as provided in Section

24.10.160.
b. Room and board for not more than two paying guests per dwelling unit, when located within principal building.
c. Residential accessory uses and buildings customarily appurtenant to a permitted use, subject to the provisions of Section 24.12.140, Accessory buildings and structures, and Section 24.10.230.
d. Living quarters for persons regularly employed on the premises, when located within principal building.

8. Accessory dwelling units subject to the provisions of Chapter 24.16, Part 2.

9. Supportive and transitional housing in single-family dwellings.

10. Junior accessory dwelling units subject to the provisions of Chapter 24.16, Part 2.

Section 5. Section 24.10.230 USE PERMIT REQUIREMENT of Chapter 24.10 Land Use Districts, of the Santa Cruz Municipal Code is hereby amended to read as follows:

24.10.230 USE PERMIT REQUIREMENT.

1. The following uses are subject to approval of an administrative use permit and may also require a design permit per Section 24.08.410:
a. Family animal farm.
b. Temporary structures and uses.
c. Young farmer projects on sites of twenty thousand square feet or more on which a child may be permitted to raise one kid, lamb, or calf for a one-year period. d. Accessory buildings containing plumbing fixtures subject to the provisions of Section

24.12.140.
e. Wireless telecommunications facilities, subject to the regulations in Chapter 24.12, Part 15.

2. The following uses are subject to approval of a special use permit and a design permit:
a. Bed-and-breakfast inns, subject to requirements contained in Chapter 24.12, Part 9. b. Community care facilities with seven or more persons, but not including community care residential facilities.
c. Retirement homes.
d. Off-street parking facilities accessory to a contiguous commercial property not to exceed one hundred feet from the boundary of the site it is intended to serve. e. Plant nurseries and greenhouses.
f. Noncommercial recreation areas, buildings and facilities such as parks, country clubs, golf courses, and riding, swimming and tennis clubs.

29.46 ORDINANCE NO. 2025-15
12 g. Educational, religious, cultural, or public utility or public service buildings and uses; but not including corporation yards, storage or repair yards, and warehouses. h. Riding stables on parcels at least five acres in size for the boarding of horses to serve the neighborhood.

Section 6. Section 24.10.310 PRINCIPAL PERMITTED USES of Chapter 24.10 Land Use Districts, of the Santa Cruz Municipal Code is hereby amended to read as follows:

24.10.310 PRINCIPAL PERMITTED USES.

1. Single-family dwelling.

2. Community care facilities with six or fewer persons, not including community care residential facilities.

3. Community care residential facilities, including foster family homes, within one or more existing dwelling units.

4. Small and large family daycare homes in residential units.

5. Community garden.

6. Accessory uses are principally permitted when they are a subordinate use to the principal use of the lot.
a. Home occupations subject to home occupation regulations as provided in Section

24.10.160.
b. Room and board for not more than two paying guests per dwelling unit, when located within principal building.
c. Residential accessory uses and buildings customarily appurtenant to a permitted use, subject to the provisions of Section 24.12.140, Accessory buildings and structures, and Section 24.10.330.

7. Accessory dwelling units subject to the provisions of Chapter 24.16, Part 2.

8. Supportive and transitional housing in single-family dwellings.

9. Junior accessory dwelling units subject to the provisions of Chapter 24.16, Part 2.

Section 7. Section 24.10.330 USE PERMIT REQUIREMENT of Chapter 24.10 Land Use Districts, of the Santa Cruz Municipal Code is hereby amended to read as follows:

24.10.330 USE PERMIT REQUIREMENT.

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

29.47 ORDINANCE NO. 2025-15
13 c. Young farmer projects on sites of twenty thousand square feet or more on which a child may be permitted to raise one kid, lamb, or calf for a one-year period. d. Accessory buildings containing plumbing fixtures subject to the provisions of Section

24.12.140.
e. Wireless telecommunications facilities, subject to the regulations in Chapter 24.12, Part 15.

2. The following uses are subject to approval of a special use permit and may also require a design permit per Section 24.08.410:
a. Bed-and-breakfast inns, subject to requirements contained in Chapter 24.12, Part 9. b. Community care facilities with seven or more persons, not including community care residential facilities.
c. Nursing homes
d. Retirement homes.
e. Health facilities for inpatient and outpatient psychiatric care and treatment. f. Off-street parking facilities accessory to a contiguous commercial property not to exceed one hundred feet from the boundary of the site they are intended to serve. g. Plant nurseries and greenhouses.
h. Noncommercial recreation areas, buildings and facilities such as parks, country clubs, golf courses, and riding, swimming and tennis clubs.
i. Educational, religious, cultural, or public utility or public service uses and buildings; but not including corporation yards, storage or repair yards, and warehouses. j. Two-family dwellings (duplexes) on corner lots having an area of seven thousand five hundred square feet or more, and subject to the following limitations:
(1) Such duplexes shall maintain at least two thousand square feet of usable open space, one thousand square feet of which shall be directly accessible to each unit within the duplex;
(2) Setbacks from the street shall be the same as for a single-family dwelling, i.e., the setback from one street shall be considered a front yard setback and the setback from the other street shall be considered an exterior side yard setback; however, garages or carports shall have a minimum setback of twenty feet from the property line to the vehicle entrance of the structure. k. Riding stables on parcels at least five acres in size for the boarding of horses to serve the neighborhood.

Section 8. Section 24.10.410 PRINCIPAL PERMITTED USES of Chapter 24.10 Land Use Districts, of the Santa Cruz Municipal Code is hereby amended to read as follows:

24.10.410 PRINCIPAL PERMITTED USES.

The following uses are permitted outright if a design permit is obtained for new structures and environmental review is conducted in accordance with city and state guidelines. Design permits are not required for accessory structures and additions that are less than one hundred twenty square feet and less than fifteen feet in building height. (Numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Further refinement of uses within these categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses.)

29.48 ORDINANCE NO. 2025-15
14 1. Multiple dwellings, townhouse dwelling groups, and condominium projects in one or more structure(s). (830, 840)

2. Community care facilities with six or fewer persons, but not including community care residential facilities.

3. Community care residential facilities, including foster family homes, within one or more existing dwelling units.

4. Retirement homes with six or fewer persons.

5. Small and large family daycare homes in residential units.

6. Two-family dwellings, subject to the density requirements in the General Plan.

7. Community garden.

8. Single-family dwellings, subject to the density requirements in the General Plan.

9. Accessory uses are principally permitted when they are a subordinate use to the principal use of the lot.
a. Home occupations subject to home occupation regulations as provided in Section

24.10.160.
b. Park and recreational facilities.
c. Room and board for not more than two paying guests per dwelling unit, when located within principal building.
d. Residential accessory uses and buildings customarily appurtenant to a permitted use, subject to the provisions of Section 24.12.140, Accessory buildings and structures, and Section 24.10.430.

10. Accessory dwelling units subject to the provisions of Chapter 24.16, Part 2, except accessory dwelling units are not subject to approval of a design permit.

11. Supportive and transitional housing.

12. Junior accessory dwelling units on a parcel with an approved residential use that does not include a building containing two or more units other than accessory dwelling units, subject to the provisions of Chapter 24.16, Part 2, except junior accessory dwelling units are not subject to approval of a design permit.

Section 9. Section 24.10.430 USE PERMIT REQUIREMENT of Chapter 24.10 Land Use Districts, of the Santa Cruz Municipal Code is hereby amended to read as follows:

29.49 ORDINANCE NO. 2025-15
15 24.10.430 USE PERMIT REQUIREMENT.

1. The following uses are subject to approval of an administrative use permit and may also require a design permit per Section 24.08.410:
a. Accessory buildings containing plumbing fixtures subject to the provisions of Section

24.12.140.
b. Temporary structures and uses.
c. Wireless telecommunications facilities, subject to the regulations in Chapter 24.12, Part 15.

2. The following uses are subject to approval of a special use permit and may also require a design permit per Section 24.08.410:
a. Bed-and-breakfast inns, subject to requirements in Chapter 24.12, Part 9. b. Community care facilities with seven or more persons, not including community care residential facilities.
c. Retirement homes with seven or more persons.
d. Nursing homes.
e. Dormitories, fraternity/sorority residence halls, boardinghouses. f. Health facilities for inpatient and outpatient psychiatric care and treatment. g. Off-street parking facilities accessory to a contiguous commercial property not to exceed one hundred feet from the boundary of the site it is intended to serve. h. Noncommercial recreation areas, buildings, and facilities such as parks, country clubs, golf courses, and riding, swimming and tennis clubs. i. Educational, religious, cultural, public utility or public service buildings and uses; but not including corporation yards, storage or repair yards, and warehouses. j. Social halls, lodges, fraternal organizations, and clubs, except those operated for a profit.

Section 10. Section 24.10.510 PRINCIPAL PERMITTED USES of Chapter 24.10 Land Use Districts, of the Santa Cruz Municipal Code is hereby amended to read as follows:

24.10.510 PRINCIPAL PERMITTED USES.

The following uses are permitted outright if a design permit is obtained for new structures and environmental review is conducted in accordance with city and state guidelines. Design permits are not required for accessory structures and additions that are less than one hundred twenty square feet and less than fifteen feet in building height. (Numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Further refinement of uses within these categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses.)

1. Multiple dwellings, townhouse dwelling groups, and condominium projects in one or more structures. (830, 840)

2. Community care facilities with six or fewer persons, not including community care residential facilities.

29.50 ORDINANCE NO. 2025-15
16 3. Community care residential facilities, including foster family homes, within one or more existing dwelling units.

4. Retirement home, six or fewer persons.

5. Community garden.

6. Small and large family daycare homes in residential units.

7. Accessory uses are principally permitted when they are a subordinate use to the principal use of the lot.
a. Park and recreational facilities.
b. Home occupations subject to home occupation regulations as provided in Section

24.10.160.
c. Room and board for not more than two paying guests per dwelling unit, when located within principal building.
d. Residential accessory uses and buildings customarily appurtenant to a permitted use, subject to the provisions of Section 24.12.140, Accessory buildings and structures, and Section 24.10.530.

8. Supportive and transitional housing.

9. Accessory dwelling units on parcels with an approved residential use, subject to the provisions of Chapter 24.16, Part 2, except accessory dwelling units are not subject to approval of a design permit.

10. Junior accessory dwelling units on a parcel with an approved residential use that does not include a building containing two or more units other than accessory dwelling units, subject to the provisions of Chapter 24.16, Part 2, except junior accessory dwelling units are not subject to approval of a design permit.

Section 11. Section 24.10.530 USE PERMIT REQUIREMENT of Chapter 24.10 Land Use Districts, of the Santa Cruz Municipal Code is hereby amended to read as follows:

24.10.530 USE PERMIT REQUIREMENT.

1. The following uses are subject to approval of an administrative use permit and may also require a design permit per Section 24.08.410:
a. Expansion of an existing single-family dwelling if the lot area is six thousand square feet or less.
b. Two-family dwelling if the lot area exceeds five thousand five hundred square feet. c. Temporary structures and uses.
d. Accessory buildings containing plumbing fixtures subject to the provisions of Section

24.12.140.
e. Single-family dwellings on substandard lots.

29.51 ORDINANCE NO. 2025-15
17 f. Wireless telecommunications facilities, subject to the regulations in Chapter 24.12, Part 15.

2. The following uses are subject to approval of a special use permit and may also require a design permit per Section 24.08.410:
a. Bed-and-breakfast inns, subject to requirements contained in Part 9, Chapter 24.12. b. Community care facilities with seven or more persons, not including community care residential facilities.
c. Retirement homes, seven or more persons.
d. Nursing homes.
e. Dormitories, fraternity/sorority residence halls, boardinghouses. f. Health facilities for inpatient and outpatient psychiatric care and treatment. g. Off-street parking facilities accessory to a contiguous commercial property not to exceed one hundred feet from the boundary of the site they are intended to serve. h. Noncommercial recreation areas and facilities such as parks, country clubs, golf courses, and riding, swimming and tennis clubs.
i. Educational, religious, cultural, public utility or public service buildings or uses; and not including corporation yards, storage or repair yards, and warehouses. j. Social halls, lodges, fraternal organizations, and clubs, except those operated for a profit.

Section 12. Section 24.10.565 PRINCIPAL PERMITTED USES of Chapter 24.10 Land Use Districts, of the Santa Cruz Municipal Code is hereby amended to read as follows:

24.10.565 PRINCIPAL PERMITTED USES.

The following uses are permitted subject to a design permit for new structures in compliance with the Beach and South of Laurel Design Guidelines and other requirements of the municipal code. (Numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Further refinement of uses within these categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses.) Design permits are not required for accessory structures and additions that are less than one hundred twenty square feet and less than fifteen feet in building height. Environmental review must be conducted in accordance with city and state guidelines:

1. Multiple dwellings, townhouse dwelling groups, and condominium projects in one or more structures. (830, 840)

2. Small community care facilities with six or fewer persons, not including community care residential facilities.

3. Community care residential facilities, including foster family homes, within one or more existing dwelling units.

4. Retirements homes, six or fewer persons.

5. Small and large family daycare homes in residential units.

29.52 ORDINANCE NO. 2025-15
18 6. Supportive and transitional housing.

7. Accessory dwelling units on parcels with an approved residential use, subject to the provisions of Chapter 24.16, Part 2, except accessory dwelling units are not subject to approval of a design permit.

8. Junior accessory dwelling units on a parcel with an approved residential use that does not include a building containing two or more units other than accessory dwelling units, subject to the provisions of Chapter 24.16, Part 2, except junior accessory dwelling units are not subject to approval of a design permit.

Section 13. Section 24.10.575 USE PERMIT REQUIREMENT of Chapter 24.10 Land Use Districts, of the Santa Cruz Municipal Code is hereby amended to read as follows:

24.10.575 USE PERMIT REQUIREMENT.

1. The following uses are subject to approval of an administrative use permit and may also require a design permit per Section 24.08.410 in compliance with the Beach and South of Laurel Design Guidelines and other requirements of the municipal code (numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Further refinement of uses within these categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):
a. Expansion of any existing single-family dwelling; (800) b. Two-family dwelling if the lot area allows only two. New single-family development is not permitted; (810)
c. Temporary structures and uses;
d. Accessory buildings containing plumbing fixtures subject to the provisions of Section

24.12.140;
e. Wireless telecommunications facilities, subject to the regulations in Chapter 24.12, Part 15.

2. The following uses are subject to approval of a special use permit and a design permit in compliance with the Beach and South of Laurel Design Guidelines and other requirements of the municipal code (numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Further refinement of uses within these categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):
a. Bed-and-breakfast inns subject to requirements contained in Chapter 24.12, Part 9; (300c)
b. Community care facilities with seven or more persons, not including community care residential facilities
c. Health facilities for in-patient and out-patient psychiatric care and treatment; (410b) d. Nursing homes;
e. Off-street parking facilities accessory and incidental to a contiguous commercial property with said parking not to exceed one hundred feet from the boundary of the site it is intended to serve; (930)

29.53 ORDINANCE NO. 2025-15
19 f. Public and private noncommercial recreation areas, buildings, and facilities such as parks; (710)
g. Public and quasi-public buildings and uses including recreational, educational, religious, cultural, public utility or public service uses; but not including corporation yards, storage or repair yards, and warehouses; (500, 510, 530, 540) h. Retirement homes with seven or more persons;
i. Social halls, lodges, fraternal organizations, and clubs, except those operated for a profit. (570)
Section 14. Section 24.10.603 PRINCIPAL PERMITTED USES of Chapter 24.10 Land Use Districts, of the Santa Cruz Municipal Code is hereby amended to read as follows:

24.10.603 PRINCIPAL PERMITTED USES.

1. The following uses may be subject to approval of a design permit per Section 24.08.410 and other requirements of the municipal code (numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Further refinement of uses within these categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):
a. Duplexes. (810)
b. Small and large family daycare homes in residential units. c. Accessory Uses. Other uses and buildings customarily appurtenant to a permitted use, subject to the provisions of Section 24.12.140, Accessory buildings and structures. d. Supportive and transitional housing in single-family home or duplex. e. Multiple dwellings, townhouse dwelling groups, and condominiums. (830)

2. Accessory dwelling units subject to the provisions of Chapter 24.16, Part 2, except accessory dwelling units are not subject to approval of a design permit.

3. Junior accessory dwelling units on a parcel with an approved residential use that does not include a building containing two or more units other than accessory dwelling units, subject to the provisions of Chapter 24.16, Part 2, except junior accessory dwelling units are not subject to approval of a design permit.

4. Community care residential facilities, including foster family homes, within one or more existing dwelling units.

Section 15. Section 24.10.604 USE PERMIT REQUIREMENT of Chapter 24.10 Land Use Districts, of the Santa Cruz Municipal Code is hereby amended to read as follows:

24.10.604 USE PERMIT REQUIREMENT.

1. The following uses are subject to approval of an administrative use permit and may also require a design permit per Section 24.08.410 and are also subject to all other requirements of the municipal code (numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Further refinement of uses within these

29.54 ORDINANCE NO. 2025-15
20 categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):
a. Single-family dwellings; (810)
b. Accessory buildings containing plumbing fixtures subject to the provisions of Section

24.12.140;
c. Supportive and transitional housing in multifamily dwellings; d. Wireless telecommunications facilities, subject to the regulations in Chapter 24.12, Part 15.

2. The following uses are subject to approval of a special use permit and a design permit and other requirements of the municipal code (numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Further refinement of uses within these categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):
a. Bed-and-breakfast inns, subject to the requirements contained in Chapter 24.12, Part 9; (300c)
b. Large community care facilities, not including community care residential facilities; c. Public and private commercial parking;
d. Public and private noncommercial recreation areas, buildings and facilities such as parks; (710)
e. Public and quasi-public buildings and uses including recreational, educational, religious, cultural or public utility or service nature; but not including corporation yards, storage or repair yards, and warehouses; (500, 510, 530, 540, 570) f. Retirement homes or centers; (850b)
g. Supportive and transitional housing.

Section 16. Section 24.10.611 PRINCIPAL PERMITTED USES of Chapter 24.10 Land Use Districts, of the Santa Cruz Municipal Code is hereby amended to read as follows:

24.10.611 PRINCIPAL PERMITTED USES.

1. Accessory dwelling units subject to the provisions of Chapter 24.16, Part 2.

2. Small and large family daycare homes in residential units (no design permit required unless otherwise required under Section 24.08.410).

3. Multiple dwellings, townhouse dwelling groups, and condominiums (830).

4. Single-family and duplex dwellings (800, 810).

5. Wireless telecommunication facilities, subject to the regulations in Chapter 24.12, Part 15, requiring no public hearing.

6. Junior accessory dwelling units on a parcel with an approved residential use that does not include a building containing two or more units other than accessory dwelling units, subject to the provisions of Chapter 24.16, Part 2.

29.55 ORDINANCE NO. 2025-15
21 7. Community care residential facilities, including foster family homes, within one or more existing dwelling units.

Section 17. Section 24.10.612 USE PERMIT REQUIREMENTS of Chapter 24.10 Land Use Districts, of the Santa Cruz Municipal Code is hereby amended to read as follows:

24.10.612 USE PERMIT REQUIREMENTS.

1. The following uses are subject to approval of an administrative use permit and a design permit and other requirements of the municipal code (numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Further refinement of uses within these categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):
a. Storage and equipment structures.
b. Temporary structures and uses.
c. Accessory buildings containing plumbing fixtures subject to the provisions of Section

24.12.140.
d. Wireless telecommunication facilities, subject to the regulations in Chapter 24.12, Part 15, requiring a public hearing.
e. Supportive and transitional housing, nine or fewer units.

2. The following uses are subject to approval of a special use permit and a design permit and other requirements of the Municipal Code (numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Further refinement of uses within these categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):
a. Coffee shops subject to the live entertainment regulations in Chapter 24.12, Part 2 (280g).
b. Large community care facilities, not including community care residential facilities. c. Motel, hotel and bed-and-breakfast inn uses subject to annual business license review (300).
d. Public and private commercial parking (940, 950).
e. Public and private noncommercial recreation areas, buildings and facilities such as parks (710).
f. Public and quasi-public buildings and uses of an administrative, recreational, religious, cultural or public utility or service nature; but not including corporation yards, storage or repair yards, and warehouses (500, 510, 530, 540, 570). g. Retirement homes or centers (850b).
h. Supportive and transitional housing, ten or more units.

Section 18. Section 24.10.619 PRINCIPAL PERMITTED USES of Chapter 24.10 Land Use Districts, of the Santa Cruz Municipal Code is hereby amended to read as follows:

24.10.619 PRINCIPAL PERMITTED USES

1. The following uses are allowed, subject to a design permit for new construction per Section

24.08.410 and other requirements of the municipal code (numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes.

29.56 ORDINANCE NO. 2025-15
22 Further refinement of uses within these categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):

Uses for Active Frontage.
a. Food and beverage stores (except liquor stores) (240); b. Eating and drinking establishments without alcohol sales and subject to the live entertainment regulations in Chapter 24.12, Part 2 (280); c. Low-Barrier Navigation Centers, subject to the requirements of 24.12.165.

Residential Uses.
d. Flexible density unit (FDU) housing as part of a mixed-use project; e. Mixed residential and commercial developments when multiple family units are located either in the same lot or above a first floor of commercial uses, subject to the R-T(A) District regulations (830);
f. Multiple dwellings, townhouse dwelling groups and condominiums when groundfloor units are designed as live-work units consistent with Section 24.12.185(13) and subject to the R-T(A) District regulations (830);
g. One or two multiple-family units when located above the first floor of permitted commercial uses with no additional parking required (820); h. Small and large family daycare homes in residential units (no design permit required unless otherwise required under Section 24.08.410);
i. Single-room occupancy (SRO) housing (860);
j. Single-family residences if lot size does not allow multifamily development, with no live-work or active frontage requirement (800);
k. Supportive and transitional housing in one or two units when located above the first floor of permitted commercial uses with no additional parking required. l. Accessory dwelling units subject to the provisions of Chapter 24.16, Part 2, except accessory dwelling units are not subject to approval of a design permit. m. Junior accessory dwelling units on a parcel with an approved residential use that does not include a building containing two or more units other than accessory dwelling units, subject to the provisions of Chapter 24.16, Part 2, except junior accessory dwelling units are not subject to approval of a design permit.

Commercial Uses.
n. Motel, hotel, and bed-and-breakfast inn uses subject to annual business license review (300);
o. Off-site parking fewer than five spaces (930);
p. Wireless telecommunications facilities, subject to the regulations in Chapter 24.12, Part 15, requiring no public hearing.

2. Accessory Uses. Other uses and buildings customarily appurtenant to a permitted use, subject to the provisions of Section 24.12.140, Accessory buildings and structures, and Section

24.10.620.

Section 19. Section 24.10.627 PRINCIPAL PERMITTED USES of Chapter 24.10 Land Use Districts, of the Santa Cruz Municipal Code is hereby amended to read as follows:

29.57 ORDINANCE NO. 2025-15
23 24.10.627 PRINCIPAL PERMITTED USES.

1. The following uses are permitted, subject to a design permit per Section 24.08.410, Conservation Overlay District (Section 24.10.4000) and other requirements of the municipal code (numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Further refinement of uses within these categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):
a. Multiple dwellings, townhouse dwelling groups, and condominiums, three units or more (830, 840);
b. Single-family and duplexes (800, 810);
c. Storage and equipment structures, if ancillary to principal residential use; d. Small and large family daycare homes in residential units; e. Accessory Uses. Other uses and buildings customarily appurtenant to a permitted use, subject to the provisions of Section 24.12.140, Accessory buildings and structures; f. Accessory dwelling units subject to the provisions of Chapter 24.16, Part 2, except accessory dwelling units are not subject to approval of a design permit; g. Supportive and transitional housing in single-family home or duplex. h. Junior accessory dwelling units on a parcel with an approved residential use that does not include a building containing two or more units other than accessory dwelling units, subject to the provisions of Chapter 24.16, Part 2, except junior accessory dwelling units are not subject to approval of a design permit. i. Community care residential facilities, including foster family homes, within one or more existing dwelling units.

Section 20. Section 24.10.628 USE PERMIT REQUIREMENT of Chapter 24.10 Land Use Districts, of the Santa Cruz Municipal Code is hereby amended to read as follows:

24.10.628 USE PERMIT REQUIREMENT.

1. The following uses are subject to approval of an administrative use permit and may also require a design permit per Section 24.08.410, as well as other requirements of the municipal code (numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Further refinement of uses within these categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):
a. Temporary structures and uses.
b. Accessory buildings containing plumbing fixtures subject to the provisions of Section

24.12.140.
c. Wireless telecommunications facilities, subject to the regulations in Chapter 24.12, Part 15.

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

29.58 ORDINANCE NO. 2025-15
24 a. Bed-and-breakfast inns, subject to the requirements contained in Chapter 24.12, Part

9. (300c)
b. Community care facilities, not including community care residential facilities. c. Public and private noncommercial recreation areas, buildings and facilities such as parks. (710)
d. Public and quasi-public buildings and uses including administrative, recreational, educational, religious, cultural, public utility or public service uses; but not including yards, storage or repair yards, and warehouses. (500, 510, 530, 540, 570) e. Retirement homes or centers. (850b)
f. Supportive and transitional housing, three units or more.

Section 21. Section 24.10.636 PRINCIPAL PERMITTED USES of Chapter 24.10 Land Use Districts, of the Santa Cruz Municipal Code is hereby amended to read as follows:

24.10.636 PRINCIPAL PERMITTED USES.

1. The following uses are permitted and may also require a design permit per Section 24.08.410 as well as other requirements of the municipal code:
a. Duplex dwellings.
b. Multiple dwellings, townhouse dwelling groups and condominiums. c. Small and large family daycare homes in residential units. d. Community care residential facilities, including foster family homes, in one or more existing dwelling units.
e. Accessory Uses. Other uses and buildings customarily appurtenant to a permitted use, subject to the provisions of Section 24.12.140, Accessory buildings and structures. f. Accessory dwelling units subject to the provisions of Chapter 24.16, Part 2, except accessory dwelling units are not subject to approval of a design permit. g. Junior accessory dwelling units on a parcel with an approved residential use that does not include a building containing two or more units other than accessory dwelling units, subject to the provisions of Chapter 24.16, Part 2, except junior accessory dwelling units are not subject to approval of a design permit.

Section 22. Section 24.10.637 USE PERMIT REQUIREMENT of Chapter 24.10 Land Use Districts, of the Santa Cruz Municipal Code is hereby amended to read as follows:

24.10.637 USE PERMIT REQUIREMENT.

1. The following uses are subject to approval of an administrative use permit and may also require a design permit per Section 24.08.410 as well as other requirements of the municipal code:
a. Educational and cultural institutions.
b. Community care facilities, not including community care residential facilities. c. Single-family dwellings on substandard lots.
d. Wireless telecommunications facilities, subject to the regulations in Chapter 24.12, Part 15.

2. The following uses are subject to approval of a special use permit and may also require a design permit as well as other requirements of the municipal code:

29.59 ORDINANCE NO. 2025-15
25 a. Recreational buildings and community centers.
b. Public and private noncommercial recreation areas, buildings and facilities such as parks, playgrounds and basketball courts.
c. Public and private commercial parking, subject to landscaping and design standards.

Nonconforming parking lots must be brought into compliance within five years of adoption of this Part 7E.

Section 23. Section 24.10.710 PRINCIPAL PERMITTED USES of Chapter 24.10 Land Use Districts, of the Santa Cruz Municipal Code is hereby amended to read as follows:

24.10.710 PRINCIPAL PERMITTED USES
The following uses are allowed outright, subject to other requirements of the municipal code including the approval of a design permit for new structures when required by Section 24.08.410 (numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Subcategories of uses within these categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):

Uses for Active Frontage.
a. Acting/art/music/dance schools and studios (610);
b. Apparel and accessory stores (250);
c. Auto supply stores (260C);
d. Communication and information (550);
e. Eating and drinking establishments (except bars, fast-food) subject to live entertainment and alcohol regulations of Chapter 24.12 (280); f. Educational facilities (public/private) (510);
g. Financial, insurance, real estate offices (420);
h. Financial services (320);
i. Food and beverage stores (except liquor and convenience stores) (240); j. General retail merchandise (drug and department stores) (230); k. Government and public agencies (530);
l. Hardware stores (indoor sales only) (220A);
m. Home furnishing stores (270);
n. Low-Barrier Navigation Centers, subject to the requirements of 24.12.165; o. Medical/health offices (except veterinarians and ambulance services) (410); p. Museums and art galleries (600);
q. Professional offices (400), except as associated with a visitor-serving use; r. Professional/personal service (except contractors’ yards and mortuaries) (310); s. Repairs, alterations and maintenance services for household items (except boat repair) (340);
t. Small preschool/childcare (twelve or fewer) (510A);
u. Specialty retail supply stores (290); except thrift stores (290m); v. Theaters (620);
w. Thrift stores consistent with the requirements of Section 24.12.146 (290m); x. Video rental (650).

29.60 ORDINANCE NO. 2025-15
26 Residential Uses.
y. Accessory dwelling units on parcels with an approved residential use, subject to the provisions of Chapter 24.16, Part 2, except accessory dwelling units are not subject to approval of a design permit;
z. Flexible density unit (FDU) housing;
aa. Mixed residential and commercial/office developments involving allowed commercial uses, on the ground floor and multiple dwellings or condominiums either above the first floor or on the same lot;
ab. Multiple dwellings or condominiums when ground-floor units are designed as livework units consistent with Section 24.12.185(13) and subject to the minimum (net) land area per dwelling unit of the R-M District (830);
ac. One or two multiple-family units when located above the first floor with no additional parking required (830);
ad. Single-room occupancy (SRO) housing (860);
ae. Small community care residential facilities;
af. Small and large family daycare homes in residential units.

Commercial Uses.
ag. Off-site public/private parking facilities, five or fewer spaces (930); ah. Wireless telecommunications facilities, subject to the regulations in Part 15 of Chapter 24.12 requiring no public hearing.

Section 24. Section 24.10.730 USE PERMIT REQUIREMENT of Chapter 24.10 Land Use Districts, of the Santa Cruz Municipal Code is hereby amended to read as follows:

24.10.730 USE PERMIT REQUIREMENT.

Uses for Active Frontage.
a. Bakery, handicrafts or similar light manufacturing and assembly uses associated with retail sales if floor area is less than seven thousand square feet and retail sale or service area occupies at least thirty percent of the floor area; b. Brewpubs and microbreweries, subject to alcohol regulations in Part 12 of Chapter

24.12;
c. Cannabis retail, subject to the commercial cannabis regulations, Part 14 of Chapter

24.12;
d. Community organizations, associations, clubs and meeting halls (570); e. Tasting rooms, subject to alcohol regulations in Part 12 of Chapter 24.12; f. Veterinarians (410A).

Commercial Uses.
g. Accessory buildings containing plumbing fixtures subject to provisions of Section

24.12.140;
h. Ambulance services (410B);
i. Auto services and repair subject to performance standards in Section 24.12.900 (350); j. Boat repairs (340D);
k. Building materials/garden supplies (220);

29.61 ORDINANCE NO. 2025-15
27 l. Churches (500);
m. Developed parks (710);
n. Fast-food restaurants or drive-in eating facilities subject to performance standards in Section 24.12.290, and subject to live entertainment and alcohol regulations of Chapter 24.12 (280H);
o. Lodging (300);
p. Motor vehicle dealers and supplies (260);
q. Off-site public/private parking facilities, five or more spaces (930); r. Recycling collection facilities;
s. Temporary structures and uses;
t. Undeveloped parks and open space (700);
u. Utilities and resources (540);
v. Wireless telecommunications facilities, subject to the regulations in Part 15 of Chapter 24.12 requiring a public hearing;
w. Private property outdoor seating, subject to the requirements in Section 24.12.191.

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

Uses for Active Frontage.
a. Bar and cocktail lounges subject to live entertainment and alcohol regulations of Chapter 24.12 (280C);
b. Convenience stores, subject to alcohol regulations in Part 12 of Chapter 24.12 (240B);
c. Nightclubs/music halls subject to live entertainment and alcohol regulations of Chapter 24.12 (630);
d. Smoking lounges as defined in Section 24.22.748.2 and subject to siting criteria and performance standards in Chapter 5.54.

Residential Uses.
e. Community care facilities.

Commercial Uses.
f. Carpenter, electrical, plumbing, heating, and furniture upholstery shops; g. Contractor/building (310E);
h. Fabricated metal products (manufacturing) (150);
i. Fabricated wire products (manufacturing) (155A);
j. Food and beverage preparation (manufacturing) (100); k. Furniture and fixtures (manufacturing) (120);

29.62 ORDINANCE NO. 2025-15
28 l. Hospitals (520);
m. Laboratory research experimentation, testing, software development; n. Liquor stores, subject to alcohol regulations in Part 12 of Chapter 24.12; o. Local/interurban passenger transit (bus, cab) (560B); p. Millwork, textile products, knit goods, woven fabrics, clothing (manufacturing) (105);
q. Mortuaries (310I);
r. Motion picture production (manufacturing) (155E);
s. Rental services (360);
t. Solar equipment (manufacturing) (155C);
u. Sports recreation facilities, subject to alcohol regulations in Part 12 of Chapter 24.12 (720);
v. Stone, clay, glass products (manufacturing) (140);
w. Storage and warehouse when connected with permitted use (330); x. Wholesale trade (nondurable goods) (200):
(a) Bakery,
(b) Confectionery,
(c) Dairy,
(d) Health foods;
y. Wholesale trade (durable goods) (210):
(a) Paper products and related (210E),
(b) Special equipment (machine supply) (210F).

Section 25. Section 24.10.910 PRINCIPAL PERMITTED USES of Chapter 24.10 Land Use Districts, of the Santa Cruz Municipal Code is hereby amended to read as follows:

24.10.910 PRINCIPAL PERMITTED USES.

The following uses are allowed outright, subject to other requirements of the municipal code including the approval of a design permit for new structures when required by Section 24.08.410 (numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Subcategories of uses within these categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):

Uses for Active Frontage.
a. Art galleries.
b. Branch banks.
c. Clothing and apparel shops.
d. Eating and drinking establishments, subject to live entertainment and alcohol regulations of Chapter 24.12.
e. Hotels, motels and bed-and-breakfast inns.
f. Medical and dental offices.
g. Professional, editorial, real estate, insurance and other general business offices.

29.63 ORDINANCE NO. 2025-15
29 Residential Uses.
h. Accessory dwelling units on parcels with an approved residential use, subject to the provisions of Chapter 24.16, Part 2, except accessory dwelling units are not subject to approval of a design permit.
i. 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).
j. Small and large family daycare homes in residential units.

Commercial Uses.
k. Carpenter shop; electrical, plumbing or heating shops; furniture upholstering shop. l. Garages for the repair of automobiles, subject to performance standards as set forth in this title for principal permitted uses in the I-G District. m. Handicraft shops and workshops.
n. Low-Barrier Navigation Centers, subject to the requirements of 24.12.165; o. Medical, optical, and dental clinics and laboratories, not including the manufacture of pharmaceuticals or other (similar) products for general sale or distribution. p. Mobile home, trailer, boat, motorcycle sales and service. q. New car sales and service.
r. Parking facilities of five or fewer spaces.
s. Plant nurseries and greenhouses.
t. Theaters.
u. Used car sales and service, auto parts and supply stores. v. Wireless telecommunications facilities, subject to the regulations in Part 15 of Chapter 24.12 requiring no public hearing.

Section 26. Section 24.10.1010 PRINCIPAL PERMITTED USES of Chapter 24.10 Land Use Districts, of the Santa Cruz Municipal Code is hereby amended to read as follows:

24.10.1010 PRINCIPAL PERMITTED USES

1. The following uses are allowed outright, subject to other applicable requirements of the municipal code including the requirement for a design permit for new structures when required by Section 24.08.410 (numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Subcategories of uses within these use categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):

Uses for Active Frontage.
a. Eating and drinking establishments (except bars and fast food), subject to live entertainment and alcohol regulations of Chapter 24.12 (280); b. Financial, insurance, real estate offices (420);
c. Food, beverage stores (except liquor and convenience stores) (240); d. Hardware stores (indoor sales only) (220A);
e. Medical/health offices (except veterinarians and twenty-four-hour clinics) (410); f. Low-Barrier Navigation Centers, subject to the requirements of 24.12.165; g. Professional/personal service (except contractors yards and mortuaries) (310);

29.64 ORDINANCE NO. 2025-15
30 Residential Uses.
h. One or two multiple-family units when located above the first floor commercial use with no additional parking required (830);
i. Small and large family daycare homes in residential units; j. 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-L District (840);
k. Accessory dwelling units on parcels with an approved residential use, subject to the provisions of Chapter 24.16, Part 2, except accessory dwelling units are not subject to approval of a design permit;
Commercial Uses:
l. Financial services (320);
m. Off-site public/private parking facilities five or fewer spaces (930); n. Professional offices (400);
o. Wireless telecommunications facilities, subject to the regulations in Part 15 of Chapter 24.12 requiring no public hearing.

Section 27. Section 24.10.1110 PRINCIPAL PERMITTED USES of Chapter 24.10 Land Use Districts, of the Santa Cruz Municipal Code is hereby amended to read as follows:

24.10.1110 PRINCIPAL PERMITTED USES

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

Uses for Active Frontage.
a. Acting/art/music/dance schools and studios (610);
b. Apparel and accessory stores (250);
c. Eating and drinking establishments (except fast-food restaurants), subject to live entertainment and alcohol regulations of Chapter 24.12 (280); d. Food and beverage stores (except convenience/liquor stores) (240); e. General merchandise (drug and department stores) (230); f. Handicraft shops and workshops;
g. Low-Barrier Navigation Centers, subject to the requirements of 24.12.165; h. Museums and art galleries (600);
i. Personal/professional services (except contractors’ yards and mortuaries) (310); j. Specialty retail supply stores (290);
k. Thrift stores consistent with the requirements of Section 24.12.146 (290m); Residential Uses.
l. One or two multiple-family units when located above the first floor with no additional parking required (830);

29.65 ORDINANCE NO. 2025-15
31 m. Small and large family daycare homes in residential units; n. Mixed residential and commercial development involving permitted or administrative uses on the ground floor and multiple dwellings or condominiums either on the same lot or above the first floor, subject to the minimum land area (net) per dwelling unit of the R-M District (830);
o. Accessory dwelling units on parcels with an approved residential use, subject to the provisions of Chapter 24.16, Part 2;
Commercial Uses.
p. Financial, insurance, real estate offices above first floor (420); q. Lodging (300);
r. Marine facilities (560E);
s. Mechanical contrivances for amusement purposes, such as Ferris wheels, and roller coasters, south and east of Beach Street only;
t. Off-site public/private parking facilities, five or fewer spaces (930); u. Professional offices above first floor (400);
v. Sports and recreation facilities, subject to alcohol regulations in Part 12 of Chapter

24.12 (720);
w. Theaters (620);
x. Video rental (650);
y. Wireless telecommunications facilities, subject to the regulations in Part 15 of Chapter 24.12 requiring no public hearing.

Section 28. Section 24.10.1130 USE PERMIT REQUIREMENT of Chapter 24.10 Land Use Districts, of the Santa Cruz Municipal Code is hereby amended to read as follows:

24.10.1130 USE PERMIT REQUIREMENT.

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

Uses for Active Frontage.
a. Convenience store, subject to alcohol regulations in Part 12 of Chapter 24.12 (240B); b. Educational facilities (public/private) (510);
c. Fish/seafood/wholesale (200F);
d. Home furnishings (270B);
e. Professional offices associated with a visitor-serving use; f. Commercial Uses.
g. Accessory buildings containing plumbing fixtures subject to the provisions of Section

24.12.140;
h. Community organizations, associations, clubs and meeting halls (570); i. Churches (500);
j. Financial services (320);

29.66 ORDINANCE NO. 2025-15
32 k. Government and public agencies (530);
l. Liquor stores, subject to alcohol regulations in Part 12 of Chapter 24.12; m. Parks and open spaces (700);
n. Repairs, alterations, maintenance services for household items (340); o. Temporary structures and uses;
p. Wireless telecommunications facilities, subject to the regulations in Part 15 of Chapter 24.12 requiring a public hearing;
q. Private property outdoor seating, subject to the requirements in Section 24.12.191.

Section 29. Section 24.10.1210 USE PERMIT REQUIREMENT of Chapter 24.10 Land Use Districts, of the Santa Cruz Municipal Code is hereby amended to read as follows:

24.10.1210 PRINCIPAL PERMITTED USES.

1. The following uses are allowed outright if a design permit is obtained for new structures (numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes. Further refinement of uses within these categories can be found in the land use codes, but they are not intended to be an exhaustive list of potential uses):

Uses for Active Frontage.
a. Financial, insurance, real estate offices (420);
b. Financial services (320);
c. Low-Barrier Navigation Centers, subject to the requirements of 24.12.165; d. Professional offices (400);
e. Professional/personal services (except contractors’ yards and mortuaries) (310); f. Medical/health offices (except veterinarians, medical marijuana provider association dispensaries, as defined in Section 24.22.539, ambulance services and emergency medical clinics open earlier than 7:00 a.m. and later than 9:00 p.m.) (410); g. Museums and art galleries (600);
Residential Uses.
h. Accessory dwelling units on parcels with an approved residential use, subject to the provisions of Chapter 24.16, Part 2, except accessory dwelling units are not subject to approval of a design permit;
i. Duplexes together with an allowed commercial use (820); j. Multiple dwellings and condominiums, together with an allowed commercial use and subject to minimum land area requirements of R-M District (830); k. One to two units above ground floor office use with no additional parking required (810);
l. Small and large family daycare homes in residential units; Commercial Uses.
m. Off-site parking fewer than five spaces (930);
n. Wireless telecommunications facilities, subject to the regulations in Part 15 of Chapter 24.12 requiring no public hearing.

29.67 ORDINANCE NO. 2025-15
33 Section 30. Section 24.12.146 Thrift store and pawn shop requirements of Chapter 24.12 Community Design, of the Santa Cruz Municipal Code is hereby added and will read as follows:

Part 2: GENERAL SITE DESIGN STANDARDS

24.12.146 Thrift store and pawn shop requirements

1. Purpose
To provide for the regulation of collection and sale of second-hand goods consistent with California State Law.

2. Development Standards
Thrift Stores and Pawn Shops shall conform to the following standards of operation:
a. The sale of second-hand goods is a permitted retail use, and these establishments will be subject to the same standards that apply to other establishments selling new goods of a similar nature.
b. Thrift stores and other stores that accept donations or purchase goods from consumers for sale must limit these activities to no more than 20% of the floor area of the establishment.
c. Donations must be accepted by an employee of the business, and may only be accepted during business hours. Illegal dumping shall be strictly prohibited and managed by the operator of the thrift store, pawn shop, or second-hand goods establishment.

Section 31. Section 24.12.165 Low-Barrier Navigation Centers of Chapter 24.12 Community Design, of the Santa Cruz Municipal Code is hereby added and will read as follows:

24.12.165 Low-Barrier Navigation Centers

1. Purpose
The purpose of this chapter is to establish development standards for low-barrier navigation centers and to ensure this use is constructed and operated in a manner that is consistent with the requirements and allowances of state law, specifically Article 12 of Chapter 3 of Division 1 of Planning and Zoning Law commencing with California Government Code Section 65660.

2. Applicability
The provisions of this section shall apply to all low-barrier navigation center uses.

3. Development and Operational Standards
A low-barrier navigation center development is a Principally Permitted Use in all mixed-use zone districts and as identified in the Commercial zones, if it meets the following requirements:
a. Connected Services. The navigation center offers services to connect people to permanent housing through a services plan that identifies services staffing.

29.68 ORDINANCE NO. 2025-15
34 b. Coordinated Entry System. It is linked to a coordinated entry system, so that staff in the facility or staff who co-locate in the facility may conduct assessments and provide services to connect people to permanent housing.
c. Compliant with State Codes. It complies with Chapter 6.5 (commencing with Section 8255) of Division 8 of the Welfare and Institutions Code of the State of California. d. Homeless Management Information System. It has a system for entering information regarding client stays, demographics, income, and exit destination through the local Homeless Management Information System, as defined by Section 578.3 of Title 24 of the Code of Federal Regulations.

Section 32. Section 24.12.185 OBJECTIVE DESIGN STANDARDS FOR MULTIFAMILY DEVELOPMENT of Chapter 24.12 Community Design, of the Santa Cruz Municipal Code is hereby amended to read as follows:

24.12.185 OBJECTIVE DESIGN STANDARDS FOR MULTIFAMILY DEVELOPMENT.

1. General.
a. The purpose of this section is to provide a set of clear, objective, and measurable standards for multifamily and mixed-use residential development that is consistent with the character of Santa Cruz while also ensuring that new housing development is economically feasible.
b. The objective standards in this section relate to building design and site design for new development and redevelopment projects (including all multifamily proposals that meet the definition of demolition in the municipal code). Redevelopments that are remodeling below the 50% threshold for demolition are not required to bring any part of the building into conformance with the code.
c. The regulations in this section shall apply to new development or redevelopment of residential and mixed-use buildings containing two or more dwellings (excluding any ADUs, Jr. ADUs, or SB9 streamlined projects), proposed in the city of Santa Cruz in any zone district other than the Central Business District (CBD) or Central Business District, Subdistrict E (CBD(E)). In some cases, standards apply to some zoning districts and not others; where no specific district is indicated, standards apply to all zoning districts other than the CBD and CBD(E).
d. New buildings on developed sites are required to meet the standards that apply to buildings (Neighborhood Transition, Roof Forms, Modulation, Corridor Frontage (as applicable), Ground Floor Design, Architectural Detail, Building Materials, Lighting, Uses for Active Frontage as applicable), but not the standards that apply to sites (New Connections, Parking Location and Screening, Landscape and Buffering, Useable Open Space, Lighting)
(i) Lighting on the building shall comply with the relevant standards, but existing landscape and parking lighting would not need to be retrofitted unless it is being removed, replaced, or updated as part of the project.

2. Definitions. For the purposes of interpreting this section the following definitions shall apply:

Active Uses. Uses that qualify as uses for active frontage are defined in each zone district where standards for site design require active frontage.

29.69 ORDINANCE NO. 2025-15
35 Buffer Landscaping. Landscaping that can be expected to be at least fifty percent opaque from ground level up to a given height within three years of planting. Such planting includes vines, bushes, shrubs, green walls, or evergreen trees with a first branch height of two feet or less.

Corridors. Roadways that support a high level of connectivity and intra-city mobility. For the purposes of this section, these roadways are limited to Ocean Street, Mission Street, Water Street, and Soquel Avenue.

Live-Work. Live-work is a type of residential use that also incorporates commercial uses. The commercial uses allowed in a live-work unit are dictated by the uses allowed in the underlying zoning district.

Living Wall. A living wall is an exterior building face covered with plants growing in containers or on special material integrated into and attached to the building exterior. The plants root in a structural support which is fastened to the wall itself, rather than in the ground. The plants receive water and nutrients from within the vertical support or container.

Predominant Building Face. Measured in plan view, the predominant building face is the average plane of the face of the building at any given level. This average includes any legal, enclosed building projections (such as bay windows or dormers), and unenclosed insets (such as inset doorways, balconies, or building notches). See Figure 1.

Figure 1: Predominant Building Face
Public Frontage. A frontage that faces a street, public right-of-way, publicly accessible pedestrian path, or public open space, such as a river levee.

Public Street Frontage. A frontage that faces a private or public street, exclusive of other types of publicly accessible pedestrian paths, alleys, and public open spaces.

Shielded Luminaire. A luminaire is considered to be fully shielded if it is constructed and installed in such a manner that all light emitted by the luminaire, either directly from the lamp or a diffusing element, or indirectly by reflection or refraction from any part of the luminaire, is projected below the horizontal plane through the luminaire’s lowest light-emitting part.

Stacked Flats. A multifamily building type that consists of units stacked vertically with shared circulation and no parking within the building envelope. See Figure 2.

29.70 ORDINANCE NO. 2025-15
36 Figure 2: Stacked Flats
Townhomes. A townhome is a multifamily building type that consists of side-by-side units, each standing on a discrete area of land, which may or may not be a separate legal lot, with parking on the ground floor within the building envelope. See Figure 3. This definition shall not apply beyond this section of the municipal code, and does not supersede the definition of “dwelling, townhouse” in Section 24.22.318.

Figure 3: Townhomes

3. Maximum Building Length.

Goal: To incentivize multifamily buildings that are more affordable by design, and more ‘housesized’ in residential zone districts. a. In all R-Districts and in the R-T(A), R-T(B), R-T(D) and R-T(E) Districts: The maximum building length shall be as dictated by required setbacks and parcel dimensions. Where the building facade along the public frontage is no greater than seventy-five feet in length and where the proposal meets the definition of a stacked flat building type (as opposed to a townhome building type), the parking requirement shall be reduced by half.
(i) On lots with multiple public frontages, such as corner lots or double-frontage lots, this requirement applies only to the public frontage requiring the widest sidewalk. Where required sidewalks are of equal width, this requirement shall apply to all frontages. Required sidewalk widths are determined by considering any relevant area plan requirements and the requirements of Chapters 15.20 and

29.71 ORDINANCE NO. 2025-15
37 24.12. In all cases, where any inconsistency is present, the required sidewalk width shall be the widest standard applicable.
b. In C-C, R-T(C), C-T, C-N, C-B, PA and all MU Districts: The maximum building length shall be as dictated by required setbacks and parcel dimensions.

4. Walkability.

Goal: To promote pedestrian permeability and walkability through districts as redevelopment occurs over time, particularly for larger sites.
a. Existing Public Connections.
(i) In all areas of the city, where a project site includes an existing public street, alley, path, paseo, trail, or other public pedestrian connection, this public connection will be maintained or relocated within the project site. (ii) Existing frontage improvements including any bike lanes or sidewalks will be maintained, repaired, or upgraded as dictated by any applicable area plan, or, in the case where no area plan applies, the requirements of subsection (13), Ground Floor Design, or the requirements for sidewalk widths as defined in Chapter 15.20. Where any inconsistency between regulatory documents is present, the widest applicable sidewalk requirement shall apply.

1. Decorative sidewalks may be required based on area plan standards.

Installation of all sidewalks will be based on the standard details provided by the department of public works.
(iii)The total number of connections through the site for cyclists and pedestrians shall not be reduced.
b. New Public Connections.
(i) Where a new public street, alley, path, paseo, trail, or other public pedestrian connection is required by an area plan, this connection shall be incorporated into any development or redevelopment proposal for the sites identified by the area plan.
(ii) Where the street frontage length of a site exceeds four hundred feet along a single roadway, and there is not already a public connection required by an area plan, the project proposal shall include a minimum of one publicly accessible street, alley, path, paseo, trail, or other public pedestrian connection within the middle fifty percent of the site. See Figure 4.

1. Where the new street, alley, path, paseo, or trail cannot connect to an existing public way, the owner of the property may reserve the right to restrict access to the public way until such time as further development allows such a connection to be made. When a connection to another public way is made, clear public access shall be provided, signage indicating that it is a public passage shall be posted, any gates or physical access restrictions shall be removed, and access shall be guaranteed through the granting of a public easement.

29.72 ORDINANCE NO. 2025-15
38 Figure 4: New Public Connections
(iii)New public connections will be required when properties abutting a public street, alley, path, paseo, trail, or other public connection on a side or rear property line also have a street frontage of 100 feet or greater and no other public connection between the project street frontage and the other public street, alley, path, paseo, trail, etc exists within 300 feet of the project. These sites shall incorporate a connection between the project street frontage and that existing public connection with any new development or redevelopment proposal. These connections shall allow clear passage during daylight or business hours as applicable, whichever is longer. This standard shall not apply to projects on corner lots or projects with less than 100 feet of street frontage. See figure 4A.

Figure 4A: New Public Connections - Details

29.73 ORDINANCE NO. 2025-15
39 (iv)All new pedestrian or bicycle connections not including required street-side improvements such as sidewalks and on-street bike lanes shall be at least ten feet wide and a minimum of eighty percent open to the sky. Standards for public or private streets shall be met as required by department of public works design guidelines.
(v) Development or redevelopment proposals on properties with street frontage shall be required to install new or improve existing sidewalks in accordance with the requirements of any area plan, the requirements of subsection (13), Ground Floor Design, and the requirements for sidewalk widths as defined in Chapter 15.20, as applicable. Where any inconsistency between standards exists, the wider sidewalk standard shall apply.

5. Public Frontages.

Goal: To ensure that new development is pedestrian-oriented and provides ground floor uses that activate the public realm.
a. Where a common residential lobby is provided, the lobby shall be accessed from a public frontage.
b. In all MU Zones, the ground floor along any public street frontage shall consist of one hundred percent uses for active frontage as allowed in the underlying zone district, with the exception of lobby space subject to the limitations of subsection (5)(e).
c. In the C-C, R-T(C), C-T, C-N, C-B, and PA Zones, the ground floor along the public street frontage shall consist of no less than fifty percent uses for active frontage as allowed in the underlying zone district.
(i) On lots with multiple public street frontages, such as corner lots or doublefrontage lots, this requirement applies only to the frontage requiring the widest sidewalk. Where required sidewalks are of equal width this requirement shall apply to all frontages. Required sidewalk widths are determined by considering any relevant area plan requirements and the requirements of Chapters 15.20 and

24.12. In all cases, where any inconsistency is present, the required sidewalk width shall be the widest standard applicable.
d. Uses for active frontage shall be subject to the following standards:
(i) Uses for active frontage shall be built to a minimum depth of at least twentyfive feet as measured perpendicular to the predominant building face. The twenty-five-foot minimum depth shall be applied as an average depth of the total depth of all the active frontage spaces along the predominant building face, and shall be calculated by dividing the gross square footage of the active frontage space by the length of the predominant building face. The result of this calculation must be twenty-five or greater.
e. Mechanical rooms shall not be placed along the public frontage and shall be located adjacent to a driveway or parking area, except where no parking is provided. Where no driveway or parking area is provided mechanical rooms may be located on a public frontage subject to the following standards.

29.74 ORDINANCE NO. 2025-15
40 (i) On lots with multiple public frontages, such as corner lots or double-frontage lots, mechanical rooms are prohibited along the public frontage requiring the widest sidewalk of all frontages on the property. Sidewalk widths are determined by considering any relevant area plan requirements and the requirements of Chapters 15.20 and 24.12. In all cases, where any inconsistency is present, the required sidewalk width shall be the widest standard applicable. (ii) When required sidewalks on more than one frontage are of equal width, the prohibition on mechanical rooms shall apply only to the frontage oriented toward the street with the higher traffic volume.
f. Amenities provided to building residents do not qualify as uses for active frontage unless they are also open and available to the general public. g. Where outdoor dining is an allowed use, the area allotted to outdoor dining does not count towards the percentage of required active use along the frontage. h. In the C-C, R-T(C), C-T, C-N, C-B, PA, and all MU Zones, the ground floor facing a public frontage shall be subject to the following standards:
(i) On corner lots, the ground floor shall have one hundred percent commercial uses at the corner, extending for at least thirty feet on either side of the corner, or the distance of the frontage of the corner parcel, whichever is less. (ii) Entries to ground floor uses shall be placed at an average of every fifty linear feet or less of building frontage. The following uses are exempt from this requirement:

1. Food and beverage stores, medical/health offices.

2. Lodging in areas designated MXVC in the 2030 General Plan. (iii)Residential or commercial lobbies are limited to a maximum of thirty feet of frontage, unless they are combined with an active use, in which case they are limited to fifty feet of frontage.
i. In all R-Districts and in the R-T(A), R-T(B), R-T(D) and R-T(E) Districts, with the exception of flag lots, a parcel’s public frontage shall be comprised of ground-floor residential uses that are oriented toward the public frontage. j. Ground floor residential units that face a public frontage shall provide an entry facing toward the public frontage that provides access into an entry area, living area, kitchen, or hallway (not a bathroom or bedroom, with the exception of studios). k. Entries facing a public frontage shall include a minimum of forty-eight square feet of flat, unenclosed, covered area, which may be a projection, or inset, or a combination of the two. (See Section 24.12.120 for allowed projections into setback areas.)

6. Parking Location and Screening.

Goal: To minimize the visual impact of parked cars from sidewalks and streets. a. Off-street parking and loading facilities, including bike parking requirements, shall be provided as required in Section 24.12.200 et seq.
b. For projects including five or more dwelling units, parking shall not be located in the area between the front lot line and a line extended horizontally from the plane of the predominant building face to the edges of the lot. See Figure 5.

29.75 ORDINANCE NO. 2025-15
41 Figure 5: Parking Location
c. Residential parking for projects including five or more dwelling units shall be screened from view in the following ways:
(i) Podium parking facing a public frontage shall be wrapped with uses for active frontage as allowed in the applicable zone district or residential uses on all levels facing a public frontage to a depth of at least eighteen feet average, measured on each level perpendicular from the predominant building face. (Also see subsections (12), Corridor Frontage, and (13), Ground Floor Design.) (ii) Tuck-under parking shall be entirely contained within the building and screened by garage doors. Where it faces a public frontage and is set back less than fifteen feet from the public right-of-way, tuck-under parking shall be wrapped with active or residential uses to a depth of at least eighteen feet average, measured perpendicular from the predominant building face. See Figure 6. (Also see subsections (13), Corridor Frontage, and (14), Ground Floor Design.) Figure 6: Tuck-Under Parking Screening
d. The entire perimeter of a surface parking area that fronts onto a side or rear yard, except the width of the access, shall be screened by buildings, evergreen buffer landscaping to a minimum depth of three feet, or fences that are at least seventy-five percent opaque. Fences or hedges shall not be greater than nor allowed to exceed eight feet in height on an interior side yard or rear yard, or three and one-half feet in height in a front or exterior side yard. (Also see Section 24.12.280.) e. In any multi-level parking structure, the exterior shall be fully screened, and automobile headlamps shall be shielded so as to not be visible from adjacent parcels, streets, public parks, publicly accessible outdoor space, or designated open space area.

29.76 ORDINANCE NO. 2025-15
42 f. Driveways and approaches shall comply with the standards set forth in Chapter 15.20 and Section 24.12.280 and the driveway approach standard detail included with the public works standards in effect at the time of design review and shall be designed in accordance with AASHTO Green Book sight distance standards. Ingress/egress to driveway approaches may be limited based on the results of a transportation study.

7. Landscape and Buffering.

Goals: To enhance the urban forest, provide shade for buildings and sidewalks, incorporate landscape, and provide visual buffering into new development in a way that is visually appealing and consistent with the character of Santa Cruz.

In R-Districts and in the R-T(A), R-T(B), R-T(D) and R-T(E) Districts, the goal of landscape is also to soften the massing of buildings as they front the street. In commercial and mixed-use districts, the goal is also to create a landscaped edge to sidewalks and encourage the incorporation of terraces and balconies for usable outdoor space (livability), architectural interest (modulation), and access to outdoor space for public health and passive cooling (resilience). a. In all R-Districts and in the R-T(A), R-T(B), R-T(D) and R-T(E) Districts:
(i) All open spaces in the front setback (excluding areas for driveways and sidewalks), shall be at least seventy-five percent landscape (planted materials) that are selected to comply with WELO standards as found in Chapter 16.16 that are current at the time of design review. The selected planted materials shall be WELO compliant even when the formal requirements of the WELO do not apply to the project.
(ii) Selected plant species for the site shall incorporate a mix of trees, shrubs, and ground cover.
(iii)Turf areas shall include no more than twenty-five percent of the total irrigated area on the site.
b. In the C-C, R-T(C), C-T, C-N, C-B, PA and all MU Zones:
(i) All public frontages shall incorporate 0.4 square feet of planted area for each linear foot of building frontage. In no case shall the planted area be less than twelve square feet in size.
(ii) The planted area may be provided in small, individual pockets of planting, or in larger consolidated planted areas, and must occur within the property line.

This standard applies regardless of ground floor use.
(iii)A landscaped buffer of at least five feet in depth and the length of the property line shall be provided at the rear property line on sites that are one hundred feet or greater in depth and abut a residentially zoned parcel at the rear property line. (iv)Plants shall be selected to comply with WELO standards found in Chapter 16.16 that are current at the time of design review.
(v) Street trees shall be planted in the public right-of-way, or within five feet of the public right-of-way, at a rate of one tree per each thirty feet of site frontage.

Spacing of trees shall be sufficient to accommodate the mature canopy of each specimen, and installation shall be in compliance with the planting requirements of the parks and recreation and public works departments,

29.77 ORDINANCE NO. 2025-15
43 including the Street Tree Master Plan, and the requirements of Chapters 13.30 and 15.20 and Section 24.12.186 as applicable at the time of design review. (vi)Any plantings or landscaping materials within surface parking areas are required to comply with the city’s low-impact development (LID) standards, storm water best management practices, and Storm Water Management Program.
c. Refuse/Recycling Storage Facility. Enclosures for refuse bins or dumpsters are required of all new multifamily and mixed-use residential projects with three or more housing units or any commercial development as set forth in the City of Santa Cruz Department of Public Works Refuse Container Storage Facility Standard Design Policy.

8. Usable Open Space.

Goal: To enhance the livability of new residential buildings with well-designed, functional open spaces with landscaping and amenities for residents to enjoy. a. In the C-C, R-T(C), C-T, C-N, C-B, PA and all MU Districts; and in any district without an underlying zone district open space standard:
(i) At least forty square feet of private open space and at least twenty square feet of common open space shall be provided per dwelling unit. (ii) Common open space may be substituted for private open space at a ratio of 2:1 (e.g., eighty square feet of common open space may be substituted for forty square feet of private open space).
b. In all R-districts and in the R-T(A), R-T(B), R-T(D) and R-T(E) Districts: the amount of required open space shall be determined by the underlying zone district standard. c. In all districts where residential uses are an allowed use:
(i) Private usable open space must be at least four feet in any horizontal dimension and common usable open space must be at least fifteen feet in any horizontal dimension.
(ii) There shall be no limit to the percent of the required open space that may be assigned to private balcony or patio areas.
(iii)No less than twenty-five percent of the total common open space area shall be permanently landscaped with live plant material incorporating trees, shrubs, and ground cover.
(iv)A minimum of three of the following features shall be incorporated into common open spaces and maintained on the site:

1. Fixed or movable seating.

2. Picnic-style tables.

3. Shade trees (see allowances under Section 24.22.586, Open space, useable) or shaded canopy.

4. Community garden.

5. Flowering plants.

6. Native habitat.

7. Play area for pets.

29.78 ORDINANCE NO. 2025-15
44 8. Educational or interpretive information about geographic, historic, or ecological features, such as plaques about relevant tribal history or indigenous plant information.

9. Outdoor kitchen equipment or fire pit.

10. Children’s play equipment.

11. Sports courts.

12. Public art or interactive art, such as a life-size chess game, sculpture, or murals.

13. Spa, pool, or hot tub.
d. Common open space may be provided on building rooftops as roof decks. Such usable open space is not counted as an additional story if rooftop structures comply with Section 24.12.150, Height limits modifications.
e. Up to thirty percent of required common open space may be provided as publicly accessible open space that supports a retail or restaurant use, such as a courtyard, outdoor dining area, or other active use (i.e., not auto or bike parking), which is open to the sky, and is not less than fifteen feet in any horizontal dimension, so long as the space is freely accessible to building residents without requirements to patronize the business use. Areas that are reserved exclusively for customers will not count toward required open space.

9. Neighborhood Transition.

Goal: To create a transition between new development and existing neighborhoods, provide privacy for current and future residents, and minimize potential shading on neighboring residents. a. In the C-C, R-T(C), C-T, C-N, C-B, PA, and all MU Districts: along property lines that abut an R-District:
(i) Buildings shall not intercept a forty-five-degree neighborhood transition plane inclined inward from the underlying setback, starting at a height of thirty-five feet above grade. See Figure 7.

Figure 7: Neighborhood Transition Plane
(ii) Private or shared balconies and decks shall not extend into an underlying setback.

29.79 ORDINANCE NO. 2025-15
45 (iii)The occupiable area of roof decks, including any deck on roof area falling under the neighborhood transition plane, shall be set back at least three feet from the building edge and any railings, shade structures, or accessory structures shall not intersect the required neighborhood transition plane. Rooftop lighting shall also comply with lighting requirements of subsection (16).

10. Roof Form.

Goal: To ensure that the tops of buildings are designed with architectural interest, and to reduce the bulk of buildings as they meet the sky.
a. Buildings shall be designed with variation in roof form. The number of required roof forms shall be calculated at a ratio of at least one roof form for every thirty feet of frontage for buildings three stories or fewer in height; and at least one roof form for every fifty feet of frontage for buildings more than three stories, and shall be located within fifteen feet of the predominant building face on all building frontages. On corner lots or double-frontage lots, standards for variation in roof form will apply to all frontages. See Figure 8.
(i) “Roof form” is defined as a geometric plane or set of planes which form the top enclosure of a volumetric area below it/them. Common types of roof forms are gabled, hipped, sloped, flat, and flat with a decorative parapet. Examples of roof forms are illustrated in Figure 9.
(ii) A change in roof form must be combined with a change in height of at least three feet, a horizontal change in plane of at least four feet, or a change in roof pitch. See Figure 10 for examples. Changes in roof form shall not exceed allowed building heights, as defined by the underlying zone district. (iii)Smaller roof forms that cover enclosed space (such as dormers and bay windows) count as individual roof forms if they are at least thirty-six square feet in horizontal surface area. Bay windows located on a wall below another roof form will not count as individual roof forms regardless of size. (iv)Unenclosed space (such balconies, terraces, porticos, and belfries) count as individual roof forms if they are at least forty-eight square feet in horizontal area. Balconies should also conform to the standards for useable open space in subsection (7).
b. For the purposes of calculating the number of required roof forms on a building, for buildings of three stories or fewer, each increment of thirty feet of building frontage requires an additional roof form, counted by rounding down to the next whole number. For buildings more than three stories, each increment of fifty feet of building frontage requires an additional roof form, counted by rounding down to the next whole number. For example, on a building of three stories, a frontage of thirty-one feet would be required to provide one roof form. However, there is no maximum dimension for any one roof form, nor are roofs required to be designed in thirty- or fifty-foot increments.

29.80 ORDINANCE NO. 2025-15
46 Figure 8: Applying Roofline Standards
Figure 9: Roof Forms
c. Combining Roof Forms.
(i) The required number of roof forms may intersect to create more complex roof forms or may be organized in a hierarchy. Examples of combined roof forms are illustrated in Figure 10.
(ii) Roof forms may be repeated, as with a flat roof that steps up or down, or a sawtooth.
(iii)Where two or more forms intersect or combine to create more complex forms, each is counted as an individual roof form. For example, two hipped forms may intersect to create a hip and valley form, which would count as two roof forms. (iv)Where two or more roof forms are organized in a hierarchy, each is counted as an individual roof form. For example, the dominant roof form may be a hipped roof, which has two dormers with open gable roofs, which would count as three roof forms. Another example is a flat roof on a building that has two bay windows with flat roofs, each at least thirty-six square feet in area. See Figure 10 for examples.
(v) For flat roofs and flat roofs with decorative parapets, changes in roofline for buildings three stories or fewer must be accompanied by a minimum eighteeninch change in height relative to the adjacent roof form. For buildings that are more than three stories, the minimum change in height shall be three feet. This change in height shall be measured to the top of the parapet, where present.

29.81 ORDINANCE NO. 2025-15
47 (vi)For buildings three stories or fewer, a stepback of at least four feet in depth and thirty feet in length can fulfill one of the roof form requirements. For buildings more than three stories, a stepback of at least four feet depth and fifty feet in length can fulfill one of the roof form requirements. See figure 11. (vii) Changes in roof form shall not exceed allowed building heights, as defined by the underlying zone district.

Figure 10: Combining and Counting Roof Forms

29.82 ORDINANCE NO. 2025-15
48 Figure 11: Stepback Roof Form Example

11. Building Modulation.

Goal: To break up large building faces and create visual interest for pedestrians, neighbors, and visitors.
a. Where no other modulation controls apply (e.g., an area plan), building faces shall be articulated in the following ways.
(i) For buildings three stories or fewer in height, provide at least one horizontal change in plane for every thirty feet of building face, rounded down to the next whole number (e.g. 1-29ft, no change in plane required; 30-59 ft, one change in plane required, etc). This requirement only applies to the public street frontages.

The changes in plane must be at least two feet deep and six feet apart and must be open to the sky with allowances for eaves. Such changes in plane may contain balconies as long as the railing is at least seventy percent see-through or transparent. See figure 12.

29.83 ORDINANCE NO. 2025-15
49 Figure 12: Modulation for Buildings Three Stories or Fewer (ii) For buildings more than three stories, provide at least one horizontal change in plane for every fifty feet of building face, rounded down to the next whole number (e.g., 1-49 ft, no change in plane required; 50-99 ft, one change in plane required, etc).. This requirement applies to all faces of the building that meet the length requirement for modulation (i.e. all faces fifty feet or more in length).

The changes in plane must be at least four feet deep and six feet apart. Such changes in plane may contain balconies, as long as the railing is at least seventy percent see-through or transparent. See figure 13.

1. Changes in plane must continue through the ground floor on the public street frontages, but are not required to continue through the ground floor on the other building faces. Changes in plane on all faces must continue through all floors above the ground floor and all changes in plane shall be open to the sky with allowance for eaves.

Figure 13: Modulation for Buildings More than Three Stories

29.84 ORDINANCE NO. 2025-15
50 2. Public street frontages one hundred feet or more in length shall incorporate a notch. As shown in Figure 14, the notch must be at least six feet deep and twelve feet wide. The notch fulfills two of the required changes in plane. The notch may contain balconies, as long as the railing is at least seventy percent see-through or transparent. The notch must be open to the sky, with allowances for eaves. The notch is not required to continue through the ground floor.

Figure 14: Notch Example

3. A project may waive the change in plane requirement if the window inset depth (as described in section 14.d) is at least 6" for all windows above the ground floor and if the facade material is either tile, brick, concrete, stone (engineered or natural), or a living wall (as defined). The intent is to create a highly textured surface. If the project frontage is one hundred feet or more in length it must still include a notch as described in 11.a.ii.2. (iii) Projections from the building face including balconies, awnings, signs, and decorative elements are not considered to be changes in plane.

12. Corridor Frontage.

Goal: To ensure that buildings in denser, mixed-use districts are designed with functional, humanscaled ground floors that promote walkability and provide space for local businesses. a. Unless otherwise dictated by an area plan, the ground floor frontage facing a corridor shall be set back at least twelve feet from the face of the curb. See Figure 15. (i) This may be achieved by setting back only the ground floor, but in no case shall any portion of the proposed building extend into or over the public right-ofway, except that awnings and balconies at the second story or above may extend

29.85 ORDINANCE NO. 2025-15
51 into the right-of-way no more than three feet. No projection shall be closer than eight feet to the centerline of an alley, driveway, or path of automobile circulation except with the approval of the city engineer based on considerations of public safety and welfare (e.g., utility considerations, emergency access, etc.).
(ii) This setback area shall not be counted toward the requirement to incorporate uses for active frontage, and the area shall be used as a twelve-foot-wide sidewalk over at least eighty percent of the frontage.
(iii) In no case shall the passable sidewalk width be less than eight feet without approval of an administrative use permit and revocable license as allowed under Section 24.12.192 for outdoor extension areas, in which case the passable sidewalk width shall not be less than six feet.

Figure 15: Corridor Frontage

13. Ground Floor Design.

Goal: To ensure that buildings in commercial districts are designed with ground floors that support walkability with functional commercial or live-work frontages. Also, where residential units are allowed, to ensure well-designed frontages that strike a balance between privacy for the resident and activation of the sidewalk.
a. In the C-C, R-T(C), C-T, C-N, C-B, PA and all MU Districts, commercial groundfloors shall be designed as follows:
(i) In development projects that include market-rate housing at a rate of more than 50% of total units, a minimum ground floor height of fifteen feet, measured from the top of the floor to the top of the floor of the next level, or ten feet if a mezzanine is included. Minimum ground floor frontage transparency of seventy

29.86 ORDINANCE NO. 2025-15
52 percent is required between a height of two feet and twelve feet measured parallel above sidewalk grade. Views of the interior shall be maintained to a minimum depth of five feet with an allowance for window displays. (ii) In development projects that include below-market-rate housing at a rate of 50% or more of total units, a minimum ground floor height of no less than 12 feet, measured from the top of the floor to the top of the floor of the next level, or ten feet if a mezzanine is included. Minimum ground floor frontage transparency of seventy percent is required between a height of two feet and ten feet measured parallel above sidewalk grade. Views of the interior shall be maintained to a minimum depth of five feet with an allowance for window displays.
(iii)In a commercial space, any mezzanine shall be set back at least thirty feet from the building frontage and shall occupy no more than one-third of the area of the ground floor.
(iv)Entries shall be inset from the building face at least three feet as shown in Figure

15. Entry areas may contain landscaping within the property line as described in 24.12.185.7.
b. In the C-C, R-T(C), C-T, C-N, C-B, PA, and C-B Zones where residential development is allowed, ground floor residential units shall not occupy more than fifty percent of a public frontage. Residential units on the ground floor may be designed as live-work units or may be exclusively residential units. c. Any live-work units shall be designed as follows:
(i) Live-work units are only permitted on the ground floor. (ii) Minimum ground floor height and frontage transparency as defined for Commercial ground floors in 24.12.185.13.i through ii.

1. In a live-work unit any mezzanine shall be set back at least eighteen feet from the building frontage and shall occupy no more than one-half of the area of the ground floor.
(iii)Minimum ground floor depth of eighteen feet.
(iv)Minimum unit/storefront width of twelve feet.
(v) Minimum ground floor frontage transparency of fifty percent between a height of two feet and twelve feet measured parallel above sidewalk grade. (vi)Entries as defined for Commercial ground floors in 24.12.185.13.iv. d. In the C-C, R-T(C), C-T, C-N, C-B and PA Zones where residential units other than live-work units are located at the ground floor, the following standards shall apply:
(i) Where units are individually accessed, the entry must be set back at least six feet from the property line; this setback may be reduced to four feet if the unit is elevated at least two feet from the sidewalk (as with a stoop). See Figure 16.

1. This may be a setback of the ground floor only, or a setback of the entire building face.

2. This setback area may include an architectural feature indicating private space including but not limited to a railing, gate, entry landing, or doorstep.

3. This area may include landscaping or private open space for an individual unit. In order to qualify as private open space, the area must be separated

29.87 ORDINANCE NO. 2025-15
53 from the sidewalk by one of the following mechanisms intended to indicate the privacy of the space:
• An increase in elevation of at least two feet;
• A railing or gate;
• Clustered landscaping, as in a hedge or other dense planting, not exceeding forty-two inches in height.

Figure 16: Ground Floor Residential Entry Setback
e. Where a unit does not have individual access to the sidewalk, active living areas (including living rooms, dining rooms and kitchens, but excluding bedrooms, bathrooms, and hallways) are required at the building frontage, and must be set back at least four feet from the sidewalk; this setback may be reduced to two feet if the unit is elevated at least two feet above the sidewalk. See Figure 17. (i) This may be a setback of the ground floor only, or of the entire building face. (ii) This setback area shall incorporate landscaping or planters.

Figure 17: Ground Floor Residential – Without Individual Access

14. Architectural Detail.

Goals: To highlight the prominence of corner buildings along corridors, ensure that buildings have an appropriate level of detailing, and ensure that building facades convey the qualities of substantiality and depth.

29.88 ORDINANCE NO. 2025-15
54 a. Buildings that are mixed-use shall visually differentiate the ground floor from the floors above by one or more of the following:
(i) A change in material; and/or
(ii) A change in plane; and/or
(iii)A cornice line, belly band, or similar horizontal element. b. Buildings at the intersection of a corridor and another street (including another corridor) shall implement at least one of the following corner features:
(i) Increased height of the corner roofline of at least three feet above the adjacent roofline; and/or
(ii) A chamfered corner with a diagonal cut at least six feet on either side of the corner. See Figure 18. This may be at the ground floor only, or for the entire height of the building; and/or
Figure 18: Chamfered Corner
c. A public open space of at least thirty square feet in area, and not less than four feet in any dimension, which may be designed to look like an extension of the sidewalk.

Where the depth of this space is less than six feet, it may be open only at the ground floor. Where the depth of this space is greater than six feet it must be open to the sky.

See Figure 19.

Figure 19: Public Open Space at Corner

29.89 ORDINANCE NO. 2025-15
55 d. Buildings in the C-C, R-T(C), C-T, C-N, C-B, PA and MU Zones shall apply at least two categories of the following architectural features to each building face and to each level above ground floor. Buildings may incorporate different features on each face and level or may use the same two features on each face and level, so long as each face and level includes features from at least two categories. (i) Category 1 – Terrace, balcony, or Juliette balcony with a minimum projection of ten inches and a minimum width of three feet (at least one per level; see also subsection (9), Neighborhood Transition).
(ii) Category 2 – Windows detailed with a lintel, sill, or arch. (iii)Category 3 – Awnings, louvers, or shutters.
(iv)Category 4 – Decorative cornice or decorative lighting sconces (see also subsection (16), Lighting).
e. Windows shall be inset such that there is at least two inches between the plane of the glass and the plane of the building face for all windows above the ground floor; this depth shall be increased to four inches for buildings more than three stories, for all windows above the ground floor.
f. Walls or portions of walls that are unfenestrated (without windows, balconies, or glass doors) that extend from grade up to the roofline are limited to a maximum horizontal width of fifteen feet, with the exception of elevator towers.

15. Building Materials.

Goal: To ensure that buildings look like a series of volumes, giving them a sense of depth and substantiality, and that materials are high-quality, durable, convey a sense of permanence, and reflect the existing character of buildings in the urban environment. a. Building materials shall be selected according to the following criteria:
(i) The following materials are acceptable for use on building faces: tile, brick, glass, metal (except as prohibited below), painted or sealed wood, concrete, stucco, plaster, adobe, and stone (engineered or natural), and living walls (as defined).
(ii) Unarticulated or flat panelized materials (such as metal, cement board, or GFRC panels) are prohibited on public frontages but may be incorporated on other building faces. Panels for modular and prefabricated construction are allowed (including sandwich panels).
(iii)Any materials that are not explicitly listed here require an administrative design review permit to ensure that approved materials conform to the goal of this section.
b. Vinyl windows are prohibited in the following circumstances:
(i) Any mixed-use or residential buildings more than three stories. (ii) On a building face oriented toward a public street other than an alley of a mixeduse or residential building three stories or fewer. c. At building corners, except for living walls, soffits, and insets for balconies, materials shall wrap around the corner to a depth of at least four inches. This includes outside corners of changes in plane that are four inches or greater in depth as well as outside corners of bay windows. See examples shown in Figure 20. d. Living walls shall meet the following standards:

29.90 ORDINANCE NO. 2025-15
56 (i) The living wall shall be permanently integrated into the exterior design of the building face upon which they are planted.
(ii) The living wall shall not be located on a north- or north-east-facing building face.
(iii)The living wall shall include an integrated irrigation system. (iv)The living wall shall be created using materials specifically designed for the purpose of installing and maintaining plants within the intended context (considering sun, shade, fog, rain exposure, and any other relevant environmental factors) on an exterior building face.
(v) Components of a living wall shall be considered with other landscape elements, and are subject to the requirements of the city’s WELO. (vi)Nothing in this section shall regulate or require the installation of living walls on the interior of any building.

Figure 20: Material Application
Section 33. Section 24.12.220 EXCEPTIONS of Chapter 24.12 Community Design, of the Santa Cruz Municipal Code is hereby amended to read as follows:

24.12.220 EXCEPTIONS

1. Off-street parking and loading requirements set forth in this part shall not apply to:
a. Agricultural uses; or
b. Development within one-half mile of a major transit stop.

29.91 ORDINANCE NO. 2025-15
57 (i) This exception shall not apply to any lodging use or where the city is authorized to enforce minimum auto parking requirements pursuant to California Government Code Section 65863.2(b).

2. The Off-Street Loading Facilities (Section 24.12.295) set forth in this part shall not apply when:
a. A project, pursuant to 24.12.220b, provides zero off-street parking. b. The total length of existing on-street loading zones, measured around the block perimeter, satisfy the requirement of 24.12.295(3).

Section 34. Section 24.12.241 ELECTRIC VEHICLE CHARGING STATION REQUIREMENTS of Chapter 24.12 Community Design, of the Santa Cruz Municipal Code is hereby amended to read as follows:

24.12.241 ELECTRIC VEHICLE CHARGING STATION REQUIREMENTS Electric vehicle charging must be provided in accordance with the California Building Standards Code.

Section 35. Section 24.12.250 BIKE PARKING REQUIREMENTS of Chapter 24.12 Community Design, of the Santa Cruz Municipal Code is hereby amended to read as follows:

24.12.250 BIKE PARKING REQUIREMENTS.

State law related to automobile parking reductions or elimination do not apply to bicycle parking.

1. Bicycle parking facilities shall be provided for any new building, addition or enlargement of an existing building, or for any change in the occupancy.

2. Bike Spaces and Type Required. Bicycle parking facilities’ quantity and type shall be provided in accordance with the following schedule, with fractional quantity requirements for bike parking over one-half to be rounded up. Each bicycle parking space shall be no less than six feet long by two feet wide and shall have a bicycle rack system in compliance with the bike rack classifications listed in subsection (4).

Section 35. Section 24.12.280 DESIGN REQUIREMENTS of Chapter 24.12 Community Design, of the Santa Cruz Municipal Code is hereby amended to read as follows:

24.12.280 DESIGN REQUIREMENTS.

1. Landscaping and Screening.

2. Standards for Multifamily, Over Five Units, Commercial and Industrial Developments.

Except for Multifamily Housing projects subject to the design standards in Section

24.12.185, every parking facility shall include a minimum of ten percent of area devoted to parking in permanent landscaping. Landscaping shall be installed in areas used to channel the flow of traffic within parking rows, at the entry to aisles, and at other locations specified by the approving body. Required landscaping shall include appropriate vegetation including trees which shall be provided in sufficient size and quality to adequately screen and soften

29.92 ORDINANCE NO. 2025-15
58 the effect of the parking area, within the first year. Additional standards for screening found in Section 24.12.185 shall also apply where required.

Section 36. Section 24.12.445 VARIATIONS TO REGULATIONS FOR BUILDINGS AND

SITES ON CITY HISTORIC BUILDING SURVEY AND CONTRIBUTING BUILDINGS WITHIN CITY HISTORIC DISTRICTS of Chapter 24.12 Community Design, of the Santa Cruz Municipal Code is hereby amended to read as follows:

24.12.445 VARIATIONS TO REGULATIONS FOR BUILDINGS AND SITES ON CITY

HISTORIC BUILDING SURVEY AND CONTRIBUTING BUILDINGS WITHIN CITY HISTORIC DISTRICTS.

Purpose: The purpose of these variations is to create incentives to help preserve, maintain and rehabilitate existing historic properties. Another purpose is to ensure that new construction and alterations are allowed in a manner which retains the integrity of the city’s historic landmarks, buildings, sites, objects, and contributing buildings within districts.

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