Santa Cruz City Council
November 18, 2025

CITY COUNCIL AGENDA
Regular Meeting - November 18, 2025
Council Chambers
809 Center Street
Santa Cruz
9:30 A.M. CLOSED SESSION
11:30 A.M. ORAL COMMUNICATIONS, CONSENT, CONSENT PUBLIC HEARINGS, PUBLIC

HEARINGS, AND GENERAL BUSINESS
Council meetings are hybrid, and may be viewed remotely, using any of the following sources:
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Correspondence to be included in the agenda packet must be received by 5:00 pm on Monday, November 17th
PLEASE NOTE:
 Council may take a break(s) as needed.
 Requests for extra speaking time on items other than Oral Communications must be made by 5:00 p.m. on Sunday, November 16th by emailing the Mayor and the City Clerk.

Approval will be confirmed via email.
[email protected] [email protected]
November 18, 2025 City Council 2
The City of Santa Cruz does not discriminate against persons with disabilities. Out of consideration for people with chemical sensitivities we ask that you attend fragrance free. Upon request, the agenda can be provided in a format to accommodate special needs. Additionally, if you wish to attend this public meeting and will require assistance such as an interpreter for American Sign Language, Spanish, or other special equipment, please call the City Clerk’s Department at 420-5030 at least five days in advance so that we can arrange for such special assistance, or email [email protected]. The CalRelay system number: 1-800-735-2922.

Si desea asistir a esta reunión pública y necesita ayuda - como un intérprete de lenguaje de señas americano, español u otro equipo especial - favor de llamar al Departamento de la Secretaría de la Ciudad al 420-5030 al menos cinco días antes para que podamos coordinar dicha asistencia especial o envié un correo electrónico a [email protected]. El número del sistema Cal-Relay es: 1-800-735-2922.

Agenda and Agenda Packet Materials: The City Council agenda and the complete agenda packet containing public records, which are not exempt from disclosure pursuant to the California Public Records Act, are available for review on the City’s website:
www.cityofsantacruz.com/government/city-council-meetings and at the Office of the City Clerk located at 809 Center Street, Room 8, Santa Cruz, California, during normal business hours.

Agenda Materials Submitted after Publication of the Agenda Packet: Pursuant to Government Code §54957.5, public records related to an open session agenda item submitted after distribution of the agenda packet are available at the same time they are distributed or made available to the legislative body on the City’s website at: www.cityofsantacruz.com/government/city-councilmeetings and are also available for public inspection at the Office of the City Clerk, 809 Center Street Room 8, Santa Cruz, California, during normal business hours, and at the Council meeting.

Need more information? Contact the City Clerk’s office at 831-420-5030.

Closed Session
9:30 AM
Statements of Disqualification

1. Conference With Legal Counsel – Liability Claims (Government Code §54956.95)
1) Claimant: Pacific Terrace HOA C/O King Management LLC 2) Claimant: David Turner
3) Claimant: Sonia Rodriguez
Claims against the City of Santa Cruz

2. Real Property Negotiations (Government Code §54956.8) Property: 1330 and 1344 Pacific Avenue
APN: 005-081-35 and -37
Owner: Palomar Associates
City Negotiator: Bonnie Lipscomb
Negotiating Parties: City of Santa Cruz and Palomar Associates Under Negotiation: Price, Terms of payment, or both
November 18, 2025 City Council 3
Closed Session (continued)

3. Conference with Labor Negotiators (Government Code §54957.6) SEIU Temporary Employees
SEIU Service Employees
Supervisors, OE3
Fire Management
Fire, IAFF
Police Management
Police Officers Association
City Negotiator - Sara De Leon

4. Conference With Legal Counsel – Anticipated Litigation (Gov’t. Code §54956.9(d)(2))
Significant exposure to litigation (four potential cases to be discussed)

5. Conference with Legal Counsel - Existing Litigation (Government Code §54956.9(d)(1))
Rhode Island State Council of Churches, et al. v. Rollins, et al.

U.S. District Court, District of Rhode Island (Providence), No. 1:25-cv00569-JJM-AEM (request for amicus support) November 18, 2025 City Council 4
City Council
11:30 AM
Call to Order
Roll Call
Oral Communications - Members of the public may address Council on matters not on the agenda, but within the jurisdiction of the Council. 30 minutes is allocated for Oral Communications. No extra time for groups will be granted.

Presentations

6. Sister Cities Sestri Levante, Italy Restaurant and Chef Exchange Delegation

7. Mayoral Proclamation Declaring November 29th as Small Business Saturday

8. Mayoral Proclamation Declaring December 11th as Jon Bush Retirement Day
Presiding Officer's Announcements
Statements of Disqualification
Additions and Deletions
City Attorney Report on Closed Session
Council Meeting Calendar

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

November 18, 2025 City Council 5
Consent Agenda

10. Resolution Extending the Emergency Declarations in Connection with the 2022/2023 Winter Storms and 2023/2024 Winter Storms (CA) LOCATION: Citywide
Motion to adopt a resolution extending by sixty days the Local Emergency Declarations in connection with the 2022/2023 and 2023/2024 Winter Storms.

11. Resolution Extending the Emergency Declaration in Connection with the December 2024 Municipal Wharf Emergency (CA/CM)
LOCATION: District 4
Motion to adopt a resolution extending by sixty days the Local Emergency Declaration in connection with the December 2024 Municipal Wharf emergency.

12. Minutes of the October 28, 2025 City Council Meeting (CC) LOCATION: None
Motion to approve as submitted.

13. Transportation and Public Works Commission Appointment (CC) LOCATION: Citywide
Motion to approve Councilmember Trigueiro’s nomination of Carlina Rose to the Transportation and Public Works Commission with a term ending January 31, 2029, eligible for reappointment.

November 18, 2025 City Council 6
Consent Agenda (continued)

14. Agreement with Second Harvest Food Bank Santa Cruz County to Address Food Insecurity Resulting from the Federal Government Shutdown (CM)
LOCATION: Citywide
Motion to:
1) Approve a contribution up to $100,000 for emergency food procurement and distribution through Second Harvest Food Bank Santa Cruz County; and/or support Second Harvest through mutual aid support for food distribution efforts as needed; and
2) Authorize the City Manager to execute an agreement with Second Harvest Food Bank Santa Cruz County in an amount up to $100,000 in a form to be approved by the City Attorney.

15. Approval of County of Santa Cruz Memorandum of Understanding and Save Our Shores Professional Services Agreement to Coordinate on Strengthening Opposition to Offshore Drilling and Seabed Mining (CM) LOCATION: Citywide
Motion to:
1) Approve a Memorandum of Understanding (MOU) with the County of Santa Cruz specifying the City of Santa Cruz’ contribution in the amount of $29,000 and the activities for coordinating funding and administration of the Offshore Oil Coalition Coordination Effort (OOCCE); and
2) Authorize City Manager to execute a Professional Services Agreement with Save Our Shores in a form approved by the City Attorney in the amount of $25,000 to update and strengthen the City of Santa Cruz’s ordinances and related policies opposing offshore oil and gas development and onshore facilities for seabed mining, and to coordinate regional collaboration on coastal protection and policy consistency.

November 18, 2025 City Council 7
Consent Agenda (continued)

16. Regional Interoperable Next-Generation Radio System (RING) (CM) LOCATION: Citywide
Motion to:
1) Authorize the City Manager to negotiate final business terms and return with the Master Service Governance Agreement (MSGA) for Council approval, consistent with the governance and cost principles described herein;
2) Designate the City Manager as Santa Cruz’s voting member on the RING Executive Committee; and
3) Direct staff to validate City radio counts across departments, evaluate capital payment shaping options, and coordinate with the County to develop a Funding Plan.

17. Amendment to Professional Services Agreements for On-Call Landscape Architecture Services (CM/PR)
LOCATION: Citywide
Motion to approve and authorize the City Manager to execute the Sixth Amendment to the Professional Services Agreement (PSA) with Conger Moss Guillard (CMG) and execute the Third Amendment to the Professional Services Agreement with SWA Group (SWA) for on-call landscape architecture services in a form acceptable to the City Attorney.

18. Jayson Architecture – Library Architect for the Downtown Library Affordable Housing Project; Change Order and Contract Amendment (EDH)
LOCATION: District 4
Motion to:
1) Authorize the City Manager, or designee, to execute the First Amendment to the Professional Services Agreement with Jayson Architecture P.C., in the amount of $286,042, for a total contract amount not to exceed $2,769,038 and any related documents; in a form approved by the City Attorney; and
2) Authorize the Deputy City Manager, or designee, to execute future change orders within the approved Downtown Library Affordable Housing Project (c512002) budget.

November 18, 2025 City Council 8
Consent Agenda (continued)

19. Fiscal Year (FY) 2025 Development Impact Fee Annual Reports for Public Safety Impact Fees CEQA: Exempt 15061(b)(3) and 15306 (FD/PD)
LOCATION: Citywide
Motion to accept and approve the attached FY 2025 Development Impact Fee Annual Report for the Public Safety Impact Fees.

20. Liability Claims Filed Against the City of Santa Cruz (FN) Motion to reject the liability claims of 1) Pacific Terrace HOA C/O King Management LLC, 2) David Turner and 3) Sonia Rodriguez, based on staff recommendation.

21. Mid-Management Association of the City of Santa Cruz Memorandum of Understanding (HR) LOCATION: Citywide
Motion to adopt the successor Memorandum of Understanding for MidManagement Association of the City of Santa Cruz effective October 28, 2025 through December 8, 2028.

22. 2025-2028 City of Santa Cruz Services Employees International Union, Local 521, Tentative Agreement for Successor Memorandum of Understanding (HR)
LOCATION: Citywide
Motion to adopt a resolution adopting a tentative agreement between the City of Santa Cruz and the Service Employees International union effective October 11, 2025 through October 10, 2028.

23. 2025-2028 City of Santa Cruz International Association of Firefighters, Local 1716, Agreement for Successor Memorandum of Understanding (HR) LOCATION: Citywide
Motion to adopt a resolution approving a tentative agreement between the City of Santa Cruz and the International Association of Firefighters Local 1716 effective September 27, 2025 through July 3, 2028.

November 18, 2025 City Council 9
Consent Agenda (continued)

24. Resolution Amending the City of Santa Cruz Compensation Plan (HR) LOCATION: Citywide
Motion to adopt a resolution amending the compensation plans by correcting compensation range for Wastewater Facilities Lead Electrical/Instrumentation Technician classification.

25. Fiscal Year (FY) 2025 Development Impact Fee Annual Report for Childcare Impact Fee, CEQA: Exempt 15061(b)(3) and 15306 (PL) LOCATION: Citywide
Motion to accept and approve the FY 2025 Development Impact Fee Annual Report for Childcare Impact Fee.

26. 2025 Santa Cruz Wharf Bent 103-104 Repair (c302613) - Notice of Completion (PR)
LOCATION: District 4
Motion to accept the work of Power Engineering Construction Company (Alameda, CA) as completed per plans and specifications and authorize the filing of the Notice of Completion for the 2025 Santa Cruz Wharf Bent 103-104 Repair Project (c302613) and authorize the Parks and Recreation Director to sign the Notice of Completion as the Owner’s Authorized Agent.

27. Budget Adjustment for Measure Q Allocation and Associated Expenditure Plan (PR)
LOCATION: Citywide
Motion to adopt a resolution amending the FY 2026 budget to appropriate the 2026 Measure Q per capita allocation of $544,567 into the following projects: the Wildfire Resilience, Biodiversity, Improved Urban Forest Management Project (p3026XX) and the Wildfire Resilience, Biodiversity, Improved Open Space Management Project (p3026XX).

November 18, 2025 City Council 10
Consent Agenda (continued)

28. Amending the FY 2026 Budget and Appropriation of Funds for Citywide Intersection Daylighting HSIP 12 (c402607), Water Street Protected Bike Lanes HSIP 12 (c402608), and Unsignalized Crossing Improvement Project HSIP 12 (c402610) – Budget Adjustment (PW)
LOCATION: Citywide
Motion to adopt a resolution to amend the FY 2026 budget and appropriate funds in the amount of $2,624,310 from unanticipated revenue for expenses for Citywide Intersection Daylighting HSIP 12 (c402607), Water Street Protected Bike Lanes HSIP 12 (c402608), and Unsignalized Crossing Improvement Project HSIP 12 (c402610).

29. Engineering and Traffic Survey Extension to 2032 (PW) LOCATION: Citywide
Motion to adopt a resolution certifying the 2018 Engineering and Traffic Survey to be extended 14 years to 2032 for radar enforcement and rescinding Resolution No. NS-29,452.

30. Downtown Intersection Improvements (c401903) Front Street Improvements Phase 1 (PW)
LOCATION: District 4
Motion to:
1) Approve the construction plans and specifications for the Front Street Improvements Project (Phase 1) as the initial phase of the Downtown Intersection Improvements (c401903). The Public Works Director, or designee, is authorized to execute change orders within the approved project budget; and
2) Adopt a resolution to approve the construction plans for the Front Street Improvements Project (Phase 1) pursuant to Government Code Section 830.6.

November 18, 2025 City Council 11
Consent Agenda (continued)

31. Resolution to Apply for and Reimburse Future Capital Expenditures from State Water Resources Control Board Funding for Project WEER (Wastewater Treatment Facility Energy and Electrical Resiliency) (c401405) (PW)
LOCATION: District 3
Motion to:
1) Adopt a resolution for the Public Works Department to apply for State Water Resources Control Board (SWRCB) funding for Project WEER in a form to be approved by the City Attorney; and 2) Adopt a resolution for the Public Works Department to be reimbursed by State Water Resources Control Board (SWRCB) for costs related to Project WEER.

32. Water Supply Augmentation Planning – Kennedy Jenks Consultants Contract Amendment (WT)
LOCATION: County
Motion authorizing the City Manager to execute the Seventh Amendment to the Professional Services Agreement Phase 2 Recycled Water Facility Study/Water Supply Augmentation Implementation Plan in the amount of $186,102 with Kennedy Jenks Consultants (San Francisco, CA) in a form to be approved by the City Attorney.

November 18, 2025 City Council 12
Consent Agenda (continued)

33. Beltz 8 Upgrades for Aquifer Storage and Recovery Project (c702503) – Approval of Plans and Specifications, Authorization to Advertise for Bids and Award Contract, Award Contract to Carollo Engineers, Inc. for Engineering Services During Construction, Approval of Contract Amendment for Construction Management Services with MKN CPM LLC, and Approval of Budget Adjustment (WT)
LOCATION: County
Motion to:
1) Approve plans and specifications for the Beltz 8 Upgrades for Aquifer Storage and Recovery Project (c702503) (Project) and authorize staff to advertise for bids. The City Manager, or designee, is hereby authorized and directed to execute the contract as authorized by Resolution No. NS-27,563;
2) Authorize the City Manager to execute a contract in a form to be approved by the City Attorney with Carollo Engineers, Inc. (Walnut Creek, CA) for engineering services during construction for the Project in the amount of $375,912;
3) Authorize the City Manager to execute a contract amendment in a form to be approved by the City Attorney with MKN CPM, LLC. for construction management services for the Project in the amount of $266,801;
4) Authorize the Water Director, or designee, to approve future construction change orders and contract amendments for construction management and engineering services during construction for the Project that are within the approved project budget; and 5) Adopt a resolution to amend the FY 2026 budget and transfer funds within the Water Department’s CIP budget in the amount of $4,150,000 from project c702002, Brackney Landslide Area Pipeline, to project c702503, Beltz 8 Upgrades for ASR.

End Consent Agenda
November 18, 2025 City Council 13
Consent Public Hearing

34. 2nd Reading and Final Adoption of Ordinance No. 2025-22 Amending Chapter 18.15 of the Municipal Code to Adopt Local Amendments to the California Energy Code of the 2025 California Building Code Cycle to Require Energy Conservation Measures for Certain Heating, Ventilation, and Air Conditioner Replacements and Installations in Existing Nonresidential Buildings (PL/CM)
LOCATION: Citywide
Adopt Ordinance No. 2025-22 amending Municipal Code Chapter 18.15 to adopt local amendments to Title 24, Part 6 of the California Code of Regulations (California Energy Code) creating an energy reach code for existing nonresidential buildings that requires either the installation of a heat pump to State code minimum standards or additional energy measures for new and replacement air conditioning (AC) systems.

35. 2nd Reading and Final Adoption of Ordinance No. 2025-21 Adopting the Tri-Annual, 2025 Building Standards Code, Consistent with the State Building Standards Commission and the International Code Council TriChapter Uniform Code Committee Amendments through Introduction of an Ordinance Amending Building Regulations Contained in Title 18 of the Santa Cruz Municipal Code and Adopting the California Code of Regulations Title 24, 2025 Building Standards Code to Establish Minimum Requirements to Safeguard Public Health, Life, Safety and General Welfare. CEQA: Exempt per Guidelines Sections 15061, 15305, and 15308. (PL)
LOCATION: Citywide
Adopt Ordinance No. 2025-21 acknowledging the CEQA exemptions, amending Title 18 of the Municipal Code, and adopting the 2025 editions of the California Building Standards Code, California Code of Regulations Title 24, Parts 1, 2, 2.5, 3, 4, 5, 6, 8, 10, 11 and 12 including referenced appendices, amendments and modifications.

November 18, 2025 City Council 14
Public Hearings

36. Amendments to Municipal Code Title 21, Chapter 21.03 – Relocation Assistance for Displaced Tenants and Title 24, Chapter 24.08, Part 14 - Residential Demolition/Conversion Authorization Permits Related to Displacement of Tenants Due to Enforcement of Unsafe Living Conditions and Demolition of Housing (PL)
LOCATION: Citywide
Motion to:
1) Introduce for publication an ordinance amending Titles 21 and 24 of the Santa Cruz Municipal Code (SCMC) related to relocation assistance associated with substandard housing cases and right of first refusal and other minor changes related to demolition of housing;
2) Introduce for publication an ordinance amending the Local Coastal Program (LCP) Implementation Plan (IP) and Title 24 of the Municipal Code related to the approving body for demolition of three or more dwellings; and
3) Acknowledge the determination that the proposed amendments are exempt under California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3) as they can be seen with certainty to have no possibility for causing a significant effect on the environment.

37. Update to the City of Santa Cruz Local Coastal Program to Incorporate the Previously Approved General Plan 2030 Sensitive Habitat and Vegetation Types Maps and to Add a New Chapter Titled “Beaches and Bluffs Hazards Adaptation” (PL)
LOCATION: Districts 2, 3, 4, and 6
Motion to:
1) Approve the proposed amendments to the City of Santa Cruz Local Coastal Program; and
2) Acknowledge the determination that the proposed amendments are exempt from environmental review under California Environmental Quality Act (CEQA) Guidelines Section 15265 and Public Resources Code Section 21080.9.

November 18, 2025 City Council 15
Public Hearings (continued)

38. Adoption of the 2025 Edition of the California Fire Code and Fire Code Standards, including Annual Supplements and State Amendments and Errata (FD)
LOCATION: Citywide
Motion to introduce for publication an ordinance to amend Santa Cruz Municipal Code Chapter 19.05 to adopt and incorporate by reference the 2025 edition of the California Fire Code and make other amendments and amend Santa Cruz Municipal Code Chapter 19.10.

General Business

39. Adoption of the 2025 California Wildland-Urban Interface Code, including Annual Supplements and State Amendments and Errata (FD) LOCATION: Citywide
Motion to introduce for publication an ordinance to add Santa Cruz Municipal Code Chapter 19.30 to adopt and incorporate by reference the 2025 California Wildland-Urban Interface Code and make other amendments.

40. Harvey West Park Design and Program Assessment (PR) LOCATION: District 5
Motion to:
1) Accept the Harvey West Park Design and Program Assessment; and 2) Adopt findings for categorical exemption pursuant to sections 15262 (Feasibility and Planning Studies), 15306 (Information Collection), and 15061(b)(3) (Common Sense Exemption) of the California
Environmental Quality Act (CEQA) Guidelines.

41. Murray Street Bridge Project Temporary Pedestrian Path (PW) LOCATION: District 2
Motion to receive information and provide direction on funding for a temporary pedestrian path across the harbor rail bridge.

November 18, 2025 City Council 16
General Business (continued)

42. Amendment to Santa Cruz Municipal Code § 10.36.040 Pertaining to Medians (CN)
LOCATION: Citywide
Motion to:
1) Introduce for publication an ordinance amending Santa Cruz Municipal Code (SCMC) § 10.36.040 pertaining to medians; and 2) Direct staff to: (a) collect information related to “Average Daily Trips” (ADT) of busy thoroughfares and arterial corridors in the City, and (b) report that information to the sponsoring Councilmembers. If an amendment to SCMC § 10.36.040 is warranted based on ADT data, the sponsoring Councilmembers will return to the Council with a proposed amendment to SCMC § 10.36.040.

43. Amendment to Santa Cruz Municipal Code 5.82.120 Pertaining to Sidewalk Vending (CA)
LOCATION: Citywide
Motion to introduce for publication an ordinance amending Santa Cruz Municipal Code (SCMC) 5.82.120 pertaining to sidewalk vending.

Adjournment
November 18, 2025 City Council 17

INFORMATION ITEMS PREVIOUSLY DISTRIBUTED TO CITY COUNCILMEMBERS ADDENDUM TO CITY COUNCIL AGENDA – NOVEMBER 18, 2025

44. City Clerk: Annual Advisory Body Appointments - 11/10/25 (CCFYI 223)

45. Economic Development and Housing Department: 333 Locust – Unit Vacancy - 11/5/25 (EDHFYI 005)

46. Police Department: Santa Cruz Police Department’s Automated License Plate Reader Annual Report - 10/30/25 (PDFYI 024)

MAYOR'S PROCLAMATIONS
ADDENDUM TO CITY COUNCIL AGENDA – NOVEMBER 18, 2025

47. Proclaiming Tuesday, November 11, 2025 as “City Veteran Appreciation Day” and encouraging all citizens to join in saying “thank you” to these employees for their dedicated service to our country and continued service to our community and committing to causes that are greater than self and promoting public service.

48. Proclaiming Sunday, November 9, 2025 as “International Live Looping Day” and urging all citizens to join in supporting the work of these innovation artists from around the world, welcoming them to perform here, and thanking them all for their tireless work to innovate in this emerging global musical art form.

Advisory Body Appointments
The following positions are either currently vacant or the terms are due to expire.

Council will make appointments at a future meeting.

Board of Building and Fire Appeals One opening – at-large nomination.

County Latino Affairs Commission One opening - at-large nomination.

November 18, 2025 City Council 18
Public Hearing
If, in the future, you wish to challenge in court any of the matters on this agenda for which a public hearing is to be conducted, you may be limited to raising only those issues which you (or someone else) raised orally at the public hearing or in written correspondence received by the City at or before the hearing.

Any person seeking to challenge a City Council decision made as a result of a proceeding in which, by law, a hearing is required to be given, evidence is required to be taken, and the discretion in the determination of facts is vested in the City Council, shall be required to commence that action either 60 days or 90 days following the date on which the decision becomes final as provided in Code of Civil Procedure Section 1094.6 Please refer to code of Civil Procedure 1094.6 to determine how to calculate when a decision becomes “final.” The 60-day rule applies to all public hearings conducted pursuant to the City’s Zoning Ordinance, Title 24, Santa Cruz Municipal Code. The 90-day rule applies to all other public hearings.

Meeting Type
Holiday
Jewish Holiday
Regular Meeting
Special Meeting (will be added as scheduled)
Study Session (will be added as scheduled)
Budget Hearing
November 27
November 28
Courtyard Conf. Room Closed Session - Closed to the Public Council Chambers Council Regular Meeting - Open to the Public December 14/15
December 25
City Council Meeting Calendar for 2025
December 9
City Hall Closure - Thanksgiving Day
City Hall Closure - Day After Thanksgiving Day
December 23 Meeting Cancelled
City Hall Closure - Christmas Day
Hanukkah (City observed - sundown to sundown)

9.1 City Council

AGENDA REPORT
DATE: 10/30/2025
AGENDA OF: 11/18/2025
DEPARTMENT: City Attorney
SUBJECT: Resolution Extending the Emergency Declarations in Connection with the 2022/2023 Winter Storms and 2023/2024 Winter Storms (CA) LOCATION: Citywide
RECOMMENDATION: Motion to adopt a resolution extending by sixty days the Local Emergency Declarations in connection with the 2022/2023 and 2023/2024 Winter Storms.

BACKGROUND: On January 4, 2023, the City Manager declared the existence of a local emergency following storms in December 2022 and January 2023 (“2022/2023 Winter Storms”) that caused significant flooding, infrastructure damage, and other storm impacts, including downed trees and impacts to persons experiencing homelessness.

A year later, and while responses to the 2022/2023 Winter Storms remained ongoing, the City of Santa Cruz (City) experienced another significant storm event that resulted in flooding and significant damage to City infrastructure (“2023/2024 Winter Storms”). The City Manager again declared the existence of a local emergency as a result of the 2023/2024 Winter Storms on February 6, 2024.

DISCUSSION: Government Code section 8630 authorizes a governing body of a city or an official designated by ordinance to proclaim the existence of a local emergency. Santa Cruz Municipal Code section 2.20.030 empowers the Director of Emergency Services to proclaim the existence or threatened existence of a local emergency when the City is affected or likely to be affected by a public calamity or disaster, subject to confirmation by the City Council at the “earliest practicable time.” During the existence of such emergency, the Director of Emergency Services is also authorized, pursuant to Section 2.20.040(1), to “[m]ake and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such emergency,” also subject to confirmation by the City Council “at the earliest practicable time.”
In view of the facts and circumstances described above and damage caused by the 2022/2023 and 2023/2024 Winter Storms, the City Council ratified the City Manager’s January 4, 2023 emergency declaration by Resolution No. NS-30,085 at its January 10, 2023 regular meeting, and ratified the City Manager’s February 6, 2024 emergency declaration by Resolution No. NS30,286 at its February 13, 2024 regular meeting.

10.1 At its September 10, 2024 regular meeting the City Council received an update from the Director of Public Works on the City’s response to the 2022/2023 and 2023/2024 Winter Storms. The City’s emergency response and recovery efforts remain ongoing and could continue into Summer 2026.

The attached resolution, if adopted by the City Council, would extend the 2022/2023 Winter Storms emergency declaration and 2023/2024 Winter Storms emergency declaration by an additional 60 days, to January 17, 2026.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) DETERMINATION: The proposed Council action is not a “project” under CEQA because it will not “cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment[.]” (Pub. Resources Code, § 21065.)
HEALTH IN ALL POLICIES (HiAP): This action is consistent with the three pillars of HiAP.

Specifically, the action has a nexus with public health in that the resolution is intended to help the City obtain reimbursement for recovery efforts along West Cliff Drive. Recovery efforts in this area will ensure accessible and safe biking, pedestrian, and recreational access for future public use and enjoyment.

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: Actions taken by the City during a declared emergency are potentially recoverable from Cal OES (California Governor’s Office of Emergency Services) and FEMA (Federal Emergency Management Agency).

Prepared By:

Kaylen Anderson
Deputy City Attorney
Submitted By:

Tony Condotti
City Attorney
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. RESOLUTION.DOCX

10.2 RESOLUTION NO. NS-XX,XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ EXTENDING THE LOCAL EMERGENCY DECLARATIONS IN CONNECTION WITH THE 2022/2023 WINTER STORMS AND 2023/2024 WINTER STORMS
WHEREAS, Government Code section 8630 authorizes the City Council or an official designated by ordinance to proclaim the existence of a local emergency; and WHEREAS, Santa Cruz Municipal Code section 2.20.030 empowers the City Manager, as the director of emergency services, to proclaim the existence or threatened existence of a local emergency when the City of Santa Cruz (“City”) is affected or likely to be affected by a public calamity, subject to confirmation by the City Council at the earliest practicable time; and
WHEREAS, on December 30 and 31st, 2022, the City experienced an atmospheric river storm rain event, followed by another powerful storm event on January 4 and 5th, 2023 (the “2022/2023 Winter Storms”). As a result of the 2022/2023 Winter Storms, flooding, debris from trees, and mud impacted the San Lorenzo River and adjacent areas, including the Tannery area, San Lorenzo Park, and the beach. The San Lorenzo River reached 22.1 feet.

Rainfall amounts exceeded 7 inches in the mountains over a 24-hour period. The 2022/2023 Winter Storms resulted in flooding, downed trees, major infrastructure damage, and impacts to persons experiencing homelessness; and
WHEREAS, the County of Santa Cruz proclaimed the existence of a local emergency in the County on January 3, 2023 in response to the 2022/2023 Winter Storms; and WHEREAS, in light of the 2022/2023 Winter Storms and pursuant to his authority as Emergency Services Director, on January 4, 2023, the City Manager declared the existence of a local emergency (the “2022/2023 Emergency Proclamation”). At its January 10, 2023 meeting, the City Council adopted Resolution No. NS-30,085 declaring the existence of a State of Emergency in connection with the 2022/2023 Winter Storms, confirming the 2022/2023 Emergency Proclamation; and
WHEREAS, the City Council has continued to review the need for the 2022/2023 Winter Storms emergency declaration and most recently adopted Resolution No. NS-30,552 at its September 30, 2025 regular meeting, further extending the declaration of emergency by 60 days; and

10.3 RESOLUTION NO. NS-XX,XXX
2 WHEREAS, a year after the 2022/2023 Winter Storms, on December 28 and 30th, 2023, the City of Santa Cruz experienced a large winter swell event involving significant rain and hazardous ocean conditions, causing an estimate of $2.5 million in damage along West Cliff Drive and the Santa Cruz Wharf, followed by atmospheric river storms throughout January and February 2024 (the “2023/2024 Winter Storms”). The 2023/2024 Winter Storms included significant rainfall on January 22, 2024 that contributed to flooding within the City and specifically to Cypress Point Apartments; and
WHEREAS, on January 30, 2024, the County of Santa Cruz Board of Supervisors ratified the existence of a Local Emergency for the December 2023 Coastal Storms, as proclaimed by the County Administrative Officer as the Director of Emergency Services on January 3, 2024; and WHEREAS, in light of the 2023/2024 Winter Storms and pursuant to his authority as Emergency Services Director, on February 6, 2024, the City Manager declared the existence of a local emergency (the “2023/2024 Emergency Proclamation”). At its February 13, 2024 meeting, the City Council adopted Resolution No. NS-30,286 declaring the existence of a State of Emergency in connection with the 2023/2024 Winter Storms, confirming the 2023/2024 Winter Storms Emergency Proclamation; and
WHEREAS, the City Council has continued to review the need for the 2023/2024 Winter Storms emergency declaration and most recently adopted Resolution No. NS-30,552 at its September 30, 2025 regular meeting, further extending the declaration of emergency by 60 days; and
WHEREAS, at its September 10, 2024 regular meeting the City Council received an update from the Director of Public Works on the City’s response to the 2022/2023 and 2023/2024 Winter Storms. The City’s emergency response and recovery efforts remain ongoing and could continue into Summer 2026.

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

A. That the City Council hereby declares that the local emergency declaration adopted at its January 10, 2023 regular meeting by Resolution No. NS-30,085, and extended on January 24, 2023 by Resolution NS-30,095, on March 14, 2023 by Resolution NS-30,116, on May 9, 2023 by Resolution NS-30,145, on June 27, 2023 by Resolution NS-30,166, on August 22, 2023 by Resolution NS-30,187, on October 10, 2023 by Resolution NS-30,208, on November 28, 2023 by Resolution NS-30,239, on January 23, 2024 by Resolution NS-30,274, on March 12, 2024 by Resolution NS-30,296, on April 30, 2024 by Resolution NS-30,315, on June 25, 2024 by Resolution NS-30,349, on August 13, 2024 by Resolution NS-30,362, on October 8, 2024 by Resolution NS30,393, on December 10, 2024 by Resolution NS-30,414, on January 28, 2025 by Resolution NS-30,428, on March 25, 2025 by Resolution NS-30,452, on May 13, 2025 by Resolution NS-30,479, on June 24, 2025 by Resolution NS-30,517, on August 12, 2025 by Resolution NS-30,533, and on September 30, 2025 by

10.4 RESOLUTION NO. NS-XX,XXX
3 Resolution NS-30,552, shall be extended an additional sixty (60) days from the date of this resolution pursuant to California Government Code Section 8630, et seq.; and B. That the City Council hereby declares that the local emergency declaration adopted at its February 13, 2024 regular meeting by Resolution NS-30,286, and extended on April 9, 2024 by Resolution NS-30,311, on April 30, 2024 by Resolution NS-30,315, on June 25, 2024 by Resolution NS-30,349, on August 13, 2024 by Resolution NS30,362, on October 8, 2024 by Resolution NS-30,393, on December 10, 2024 by Resolution NS-30,414, on January 28, 2025 by Resolution NS-30,428, on March 25, 2025 by Resolution NS-30,452, on May 13, 2025 by Resolution NS-30,479, on June 24, 2025 by Resolution NS-30,517, on August 12, 2025 by Resolution NS30,533, and on September 30, 2025 by Resolution NS-30,552, shall be extended an additional sixty (60) days from the date of this resolution pursuant to California Government Code Section 8630, et seq.; and
C. This Resolution shall remain in full force and effect and shall thereafter terminate on the sixtieth (60th) day after its adoption, unless earlier terminated or further extended by subsequent City Council action.

PASSED AND ADOPTED this 18th day of November 2025 by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

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

10.5 City Council

AGENDA REPORT
DATE: 10/30/2025
AGENDA OF: 11/18/2025
DEPARTMENT: City Attorney/City Manager
SUBJECT: Resolution Extending the Emergency Declaration in Connection with the December 2024 Municipal Wharf Emergency (CA/CM)
LOCATION: District 4
RECOMMENDATION: Motion to adopt a resolution extending by sixty days the Local Emergency Declaration in connection with the December 2024 Municipal Wharf emergency.

BACKGROUND: On December 23, 2024, at approximately 12:45 p.m., approximately 180 ft. at the southernmost end of the Santa Cruz Municipal Wharf collapsed into the ocean following a historic wave event. The collapsed section, which had been damaged in the 2023/2024 Winter Storms, was under construction for repairs at the time of the collapse. As a result of the damage, the Wharf, Cowell Beach, and Main Beach were temporarily closed out of an abundance of caution for public safety. On December 24, 2024, the City Manager issued a “Proclamation of Existence of Local Emergency.” The City Manager re-issued the Proclamation of Existence of Local Emergency on December 31, 2024, and January 7, 2025.

On June 6 - 8, 2025, the City, in coordination with the United States Coast Guard and Power Engineering Construction Company, conducted operations to remove heavy equipment and debris from the sea floor adjacent to the Wharf. The City’s debris cleanup efforts continued through Summer 2025. While initial repairs have been completed, there is still work to be done to recover more fully from the December 2024 storm event.

DISCUSSION: Government Code section 8630 authorizes a governing body of a city or an official designated by ordinance to proclaim the existence of a local emergency. Santa Cruz Municipal Code section 2.20.030 empowers the Director of Emergency Services to proclaim the existence or threatened existence of a local emergency when the City is affected or likely to be affected by a public calamity or disaster, subject to confirmation by the City Council at the “earliest practicable time.” During the existence of such emergency, the Director of Emergency Services is also authorized, pursuant to Section 2.20.040(1), to “[m]ake and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such emergency,” also subject to confirmation by the City Council “at the earliest practicable time.”

11.1 Due to the circumstances described above, the City Manager declared the existence of a local emergency in the City of Santa Cruz on December 24, 2024, and declared the continued existence of a local emergency on December 31, 2024, and January 7, 2025. The City Council ratified the emergency declaration by Resolution No. NS-30,423 at its January 14, 2025 regular meeting.

The attached resolution, if adopted by the City Council, would extend the emergency declaration related to the December 2024 Wharf emergency by an additional 60 days, to January 17, 2026.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) DETERMINATION: The proposed Council action is not a “project” under CEQA because it will not “cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.” (Pub. Resources Code, § 21065.)
HEALTH IN ALL POLICIES (HiAP): This action is consistent with the three pillars of HiAP.

Specifically, the pillars of public health and sustainability in that the resolution is intended to aid the City in clean up and recovery efforts to protect the environment and public health and safety along the Wharf and City beaches.

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: None.

Prepared By:

Kaylen Anderson
Deputy City Attorney
Submitted By:

Tony Condotti
City Attorney
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. RESOLUTION.DOCX

11.2 RESOLUTION NO. NS-XX,XXX

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

THE LOCAL EMERGENCY DECLARATION IN CONNECTION WITH THE DECEMBER 2024 WHARF EMERGENCY
WHEREAS, Government Code section 8630 authorizes the City Council or an official designated by ordinance to proclaim the existence of a local emergency; and WHEREAS, Santa Cruz Municipal Code section 2.20.030 empowers the City Manager, as the director of emergency services, to proclaim the existence or threatened existence of a local emergency when the City of Santa Cruz (“City”) is affected or likely to be affected by a public calamity, subject to confirmation by the City Council at the earliest practicable time; and WHEREAS, on December 23, 2024, at approximately 12:45 p.m., the City experienced a high surf event causing approximately 180 feet of a section of the Santa Cruz Municipal Wharf (the “Wharf”) to collapse into the ocean; and
WHEREAS, the City temporarily closed the remaining portions of the Wharf, Cowell Beach, and Main Beach to ensure the safety of the public. The Wharf remained closed for nearly two weeks, significantly impacting small businesses; and WHEREAS, damage to the Wharf is significant and is estimated at over $18 million and, as a result, the City’s emergency response to the December 2024 Wharf Emergency is ongoing as City staff continues to address the damage to the Wharf. Wharf repairs from this storm event have not yet been completed; and
WHEREAS, on June 6, 7, and 8, 2025, the City coordinated with the United States Coast Guard and Power Engineering Construction Company to remove heavy equipment and debris from the sea floor adjacent to the Wharf, which remained in the ocean and posed a potential threat to the shoreline and vessels on the water until their removal; and WHEREAS, debris from the Wharf remained along the California coastline, requiring continued cleanup efforts at impacted sites through Summer 2025, including the Santa Cruz Harbor and Corcoran Lagoon; and
WHEREAS, as a result of the incident at the Wharf, the City Manager, as the director of emergency services, declared the existence of a local emergency on December 24, 2024, and declared the continued existence of a local emergency on December 31, 2024, and January 7, 2025; and

11.3 RESOLUTION NO. NS-XX,XXX
2 WHEREAS, at its January 14, 2025 meeting, the City Council adopted Resolution No.

NS-30,423 declaring the existence of a State of Emergency in connection with the December 2024 Wharf Emergency, confirming the December 24, 2024, December 31, 2024, and January 7, 2025 Emergency Proclamations by the City Manager, as the director of emergency services; and
WHEREAS, on February 14, 2025, Gavin Newsom, Governor of the State of California, proclaimed the existence of a state of emergency in the County of Santa Cruz due to the December 2024 winter storm that resulted in damage to the Wharf, further highlighting the significant impact of the storm and resulting damage.

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

A. That the City Council hereby declares that the local emergency declaration adopted at its January 14, 2025 regular meeting by Resolution No. NS-30,423, and extended on March 11, 2025 by Resolution No. NS-30,447, on April 22, 2025 by Resolution No.

NS-30,460, on June 10, 2025 by Resolution No. NS-30,504, on June 24, 2025 by Resolution No. NS-30,518, on August 12, 2025 by Resolution No. NS-30,532, and on September 30, 2025 by Resolution No. NS-30,553, shall be extended an additional sixty (60) days from the date of this resolution pursuant to California Government Code Section 8630, et seq.; and
B. This Resolution shall remain in full force and effect and shall thereafter terminate on the sixtieth (60th) day after its adoption, unless earlier terminated or further extended by subsequent City Council action.

PASSED AND ADOPTED this 18th day of November 2025, by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

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

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

MINUTES OF A CITY COUNCIL MEETING
October 28, 2025
10:30 AM
Mayor Keeley opened the City Council Closed Session at 10:30 a.m. in a public meeting via Zoom and in Council Chambers, for the purpose of announcing the agenda, and receiving public testimony.

Roll Call

Present: Councilmembers Trigueiro, Brunner, Newsome, Golder, O’Hara; Vice Mayor Kalantari-Johnson; Mayor Keeley.

Absent: None.

Staff: City Manager M. Huffaker, City Attorney T. Condotti, Deputy City Clerk Administrator J. Wood, City Clerk Administrator B. Bush.

Statements of Disqualification – Councilmember Brunner announced she will be recusing herself from items 2.1 and 2.2 in an abundance of caution as they relate to her employer.

Public Comment
Mayor Keeley opened the public comment period at 10:31 a.m. The following person spoke:

Damien Joseph Galpren-Gibson spoke regarding item 1.2.

Mayor Keeley closed the public comment period at 10:36 a.m., at which time the meeting was closed to the public and Council adjourned to the Courtyard Conference Room.

12.1 October 28, 2025 CITY COUNCIL MINUTES 8069
Closed Session

1. Conference With Legal Counsel – Liability Claims (Government Code §54956.95) 1) Claimant: Elizabeth Martinez
2) Claimant: Damien Joseph Galpren-Gibson
3) Claimant: Peter Bichier
4) Installed Building Products
Claims against the City of Santa Cruz
Council received a status report, took up under agenda item 17, and no reportable action was taken.

2. Real Property Negotiations (Government Code §54956.8) 1) Property: 1520 K-2 Pacific Avenue
APN: N/A (Public Right of Way)
Owner: City of Santa Cruz
City Negotiator: Bonnie Lipscomb
Negotiating Parties: City of Santa Cruz and Crepe Cones LLC Under Negotiation: Price, terms of payment, or both
2) Property: 1330 and 1344 Pacific Avenue
APN: 005-081-35 and -37
Owner: Palomar Associates
City Negotiator: Bonnie Lipscomb
Negotiating Parties: City of Santa Cruz and Palomar Associates Under Negotiation: Price, terms of payment, or both
3) Property: 57 Municipal Wharf
APN: 007-351-02 and -03
Owner: Genesis Peck dba Made in Santa Cruz
City Negotiator: Bonnie Lipscomb
Negotiating Parties: City of Santa Cruz and Genesis Peck Under Negotiation: Price, terms of payment, or both
Council received a status report from the City Negotiator, and no reportable action was taken.

12.2 October 28, 2025 CITY COUNCIL MINUTES 8070
Closed Session (continued)

3. Conference With Legal Counsel – Anticipated Litigation (Gov’t. Code §54956.9(d)(2))
Significant exposure to litigation (one potential case) Council received a status report, gave direction, and no reportable action was taken.

4. Conference with Legal Counsel - Existing Litigation (Government Code §54956.9(d)(1))
Capaldo and Dekock v. City of Santa Cruz
(Santa Cruz County Superior Court Case No. 25CV02938)
Council received a status report, and no reportable action was taken.

5. Conference with Labor Negotiators (Government Code §54957.6) SEIU Temporary Employees
SEIU Service Employees
Mid Managers, OE3
Supervisors, OE3
Fire Management
Fire, IAFF
Police Management
Police Officers Association
Executives
City Negotiator - Sara De Leon
Council received a status report from and gave direction to the City Negotiator, and no reportable action was taken.

6. Public Employment (Government Code §54957)
City Attorney
City Attorney T. Condotti announced he will be retiring at the end of the year and reported that Council unanimously approved the appointment of Cassie Bronson to serve as the City Attorney effective January 1, 2026.

12.3 October 28, 2025 CITY COUNCIL MINUTES 8071

ANNUAL MEETING OF THE BOARD OF DIRECTORS OF THE INDUSTRIAL

DEVELOPMENT AUTHORITY
2:00 PM
Call to Order – Chair Keeley called the meeting to order at 2:01 p.m. in Council Chambers.

Roll Call

Present: Directors Trigueiro, Brunner, Newsome, Kalantari-Johnson, O’Hara; Vice Chair Golder; Chair Keeley.

Absent: None.

General Business

7. Election of Officers
Chair Keeley opened the public comment period. There were no speakers.

Chair Keeley closed the public comment period.

MOTION: Vice Chair Golder moved, seconded by Director Newsome, to elect new officers as set forth in Section 3.02 of the Industrial Development Authority bylaws as follows:

Executive Director: City Manager M. Huffaker
Treasurer: Director of Finance E. Cabell
Chair: Mayor Keeley
Vice Chair: Vice Mayor Kalantari-Johnson
Secretary: City Clerk Administrator B. Bush
ACTION: The motion carried unanimously with the following vote.

AYES: Directors Trigueiro, Brunner, Newsome, Kalantari-Johnson, O’Hara; Vice Chair Golder; Chair Keeley.

NOES: None.

ABSENT: None.

DISQUALIFIED: None.

12.4 October 28, 2025 CITY COUNCIL MINUTES 8072
General Business (continued)

8. Minutes of the October 8, 2024 Industrial Development Authority (IDA) Chair Keeley opened the public comment period. There were no speakers.

Chair Keeley closed the public comment period.

MOTION: Director Trigueiro moved, seconded by Director Brunner, to approve as submitted.

ACTION: The motion carried unanimously with the following vote.

AYES: Directors Trigueiro, Brunner, Newsome, Golder, O’Hara; Vice Chair Kalantari-Johnson; Chair Keeley.

NOES: None.

ABSENT: None.

DISQUALIFIED: None.

Adjournment - The Industrial Development Authority adjourned at 2:03 p.m.

12.5 October 28, 2025 CITY COUNCIL MINUTES 8073

ANNUAL MEETING OF THE SANTA CRUZ PUBLIC IMPROVEMENT FINANCING

CORPORATION
At or around 2:05 PM
Call to Order – President Keeley called the meeting to order at 2:03 p.m. in Council Chambers.

Roll Call

Present: Directors Trigueiro, Brunner, Newsome, Kalantari-Johnson, O’Hara; Vice President Golder; President Keeley.

Absent: None.

General Business

9. Election of Officers
President Keeley opened the public comment period. There were no speakers.

President Keeley closed the public comment period.

MOTION: Director Newsome moved, seconded by Vice President Golder, to elect new officers as set forth in Section 3.02 of the Santa Cruz Public Improvement Financing Corporation bylaws as follows:

Chief Executive Officer: City Manager M. Huffaker
Chief Financial Officer: Director of Finance E. Cabell
President: Mayor Keeley
Vice President: Vice Mayor Kalantari-Johnson
Secretary/Treasurer: City Clerk Administrator B. Bush
ACTION: The motion carried unanimously with the following vote.

AYES: Directors Trigueiro, Brunner, Newsome, Kalantari-Johnson, O’Hara; Vice President Golder; President Keeley.

NOES: None.

ABSENT: None.

DISQUALIFIED: None.

12.6 October 28, 2025 CITY COUNCIL MINUTES 8074
General Business (continued)

10. Minutes of the October 8, 2024 Santa Cruz Public Improvement Finance Corporation (SCPIFC)
President Keeley opened the public comment period. There were no speakers.

President Keeley closed the public comment period.

MOTION: Vice President Kalantari-Johnson moved, seconded by Director O’Hara, to approve as submitted.

ACTION: The motion carried unanimously with the following vote.

AYES: Directors Trigueiro, Brunner, Newsome, Golder, O’Hara; Vice President Kalantari-Johnson; President Keeley.

NOES: None.

ABSENT: None.

DISQUALIFIED: None.

Adjournment - The Santa Cruz Public Improvement Financing Corporation adjourned at 2:06 p.m.

12.7 October 28, 2025 CITY COUNCIL MINUTES 8075
City Council
At or around 2:10 PM
Call to Order – Mayor Keeley called the meeting to order at 2:06 p.m. in Council Chambers.

Roll Call

Present: Councilmembers Trigueiro, Brunner, Newsome, Golder, O’Hara; Vice Mayor Kalantari-Johnson; Mayor Keeley.

Absent: None.

Staff: City Manager M. Huffaker, Assistant City Manager M. Templeton, City Attorney T. Condotti, Director of Finance E. Cabell, Chief of Police B.

Escalante, Deputy City Manager/Director of Economic Development and Housing B. Lipscomb, Director of Planning and Community Development L. Butler, Director of Public Works N. Nguyen (via Zoom), Chief of Fire R. Oatey (via Zoom), Chief People Officer S. De Leon (via Zoom), Parks Planner N. Downing, Sustainability and Resiliency Officer T. Wise-West, Senior Coastal Resilience Planner H. Papendick, Deputy City Clerk Administrator J. Wood, City Clerk Administrator B. Bush.

Oral Communications - The Mayor provided a brief announcement about Oral Communications.

At 2:07 p.m. Mayor Keeley opened Oral Communications for members of the public who wished to speak regarding items not listed on the City Council agenda.

Michael Spadafore spoke regarding the construction on Murray Street bridge and its impact on the businesses in the Seabright neighborhood.

Unidentified person spoke regarding safety for employees working at any Library branch.

John Roskelley spoke regarding the way the Chief Ranger and mid-level management who runs the department and a retaliatory termination.

Brad Snyder spoke regarding the Downtown Library, and homelessness rates in California.

Unidentified person spoke regarding a potential strike, negotiations with Tim Davis, and safety issues for Library workers.

12.8 October 28, 2025 CITY COUNCIL MINUTES 8076
Oral Communications (continued)
Unidentified person spoke regarding safety concerns at the Downtown Library and asked Council to consider fair wages for employees as they continue bargaining.

Renee spoke regarding the safety concerns with working at the Downtown Library.

Shiloh Sacks spoke regarding the safety of the Downtown Library staff.

Unidentified person spoke regarding the lack of support provided for the safety of employees at the Downtown Library.

At 2:23 p.m. Mayor Keeley closed Oral Communications.

At this time, Mayor Keeley reordered the agenda to hear the Presiding Officer’s Announcements before item 11.

Presentation

11. Save the Waves
Shaun Burns, Save the Waves Reserves Network Coordinator, gave a presentation and responded to Council questions.

Presiding Officer's Announcements – Mayor Keeley and Chief of Police B. Escalante spoke in remembrance of former Chief of Police Jack Baskett, who recently passed away.

Statements of Disqualification – None.

Additions and Deletions – City Clerk Administrator B. Bush announced item 30 has been continued to a future meeting and will not be discussed.

City Attorney Report on Closed Session – See page 8070 for the report.

Council Meeting Calendar

12. The City Council did not review the meeting calendar attached to the agenda.

12.9 October 28, 2025 CITY COUNCIL MINUTES 8077
Consent Agenda
Councilmember Newsome made a comment on item 22.

Councilmember Trigueiro made a comment on items 15, 16, and 22.

Vice Mayor Kalantari-Johnson made a comment on items 16 and 20.

Councilmember O’Hara made a comment on item 15.

Parks Planner N. Downing responded to Council questions regarding item 20.

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

Unidentified person spoke regarding item 15.

Russell Brutsche spoke regarding item 15.

John Hall spoke regarding item 15.

Bradley Snyder spoke regarding items 15 and 20.

Unidentified person spoke regarding item 15.

Lira Filippini spoke regarding item 15.

Lynn [last name unintelligible] spoke regarding item 15.

Michelle Miller spoke regarding item 22.

Mayor Keeley closed the public comment period.

MOTION: Councilmember Golder moved, seconded by Councilmember O’Hara, to approve the Consent Agenda.

ACTION: The motion carried unanimously with the following vote.

AYES: Councilmembers Trigueiro, Brunner, Newsome, Golder, O’Hara; Vice Mayor Kalantari-Johnson; Mayor Keeley.

NOES: None.

ABSENT: None.

DISQUALIFIED: None.

12.10 October 28, 2025 CITY COUNCIL MINUTES 8078
Consent Agenda (continued)

13. Minutes of the September 30, 2025 City Council Meeting (CC) LOCATION: None
Motion carried to approve as submitted.

14. Resolution Setting the Regular Meeting Schedule of the City Council for the 2026 Calendar Year (CC)
LOCATION: Citywide
Resolution No. NS-30,561 was adopted setting the 2026 City Council meeting calendar.

15. Resolution Strengthening Local Worker and Resident Preferences (CN) Location: Citywide
Resolution No. NS-30,562 was adopted strengthening local worker and resident preferences.

16. Ocean Street Beautification Project – Fencing Alternatives and Contracting (EDH)
LOCATION: District 1
Motion carried to:
 Direct staff to proceed with development of construction plans for the Ocean Street Beautification Project with additional hardscaping and landscape design elements.
 Authorize the City Manager to negotiate and execute agreements, amendments, and any related documents, in a form approved by the City Attorney, with Mozeart Designz LLC in an amount not to exceed $260,000 for fabrication of the public art to be included in the Ocean Street Beautification Project.

12.11 October 28, 2025 CITY COUNCIL MINUTES 8079
Consent Agenda (continued)

17. Liability Claims Filed Against the City of Santa Cruz (FN) Motion carried to reject the liability claims of 1) Elizabeth Martinez, and 2) Damien Joseph Galpren-Gibson, to return as late claim of 3) Peter Bichier, and to deny application for leave to present late claim of 4) Installed Building Products, based on staff recommendation.

18. 2025 Executive Employees Compensation and Benefits Plan (HR) LOCATION: Citywide
Resolution No. NS-30,563 was adopted approving the 2025 Compensation and Benefits Plan for Executive Unrepresented Employees.

19. Mid-Management Association of the City of Santa Cruz Tentative Agreement for Successor Memorandum of Understanding (HR)
LOCATION: Citywide
Resolution No. NS-30,564 was adopted approving a tentative agreement with the Mid-Management Association of the City of Santa Cruz effective October 28, 2025 through December 8, 2028.

20. Funding and Use Agreement to Renovate the Tennis Courts to Pickleball Courts at the University of California, Santa Cruz’s Westside Research Park at 2300 Delaware Avenue (PR)
Location: District 6
Motion carried to:
 Approve and authorize the City Manager to execute a Funding and Use Agreement with the Regents of the University of California, in the form approved by the City Attorney, to allow for the City to renovate and convert the existing tennis courts to pickleball courts at the Westside Research Park owned by the University of California Santa Cruz (UCSC), located at 2300 Delaware Avenue; and to authorize the City Manager to execute contract amendments of a minor and non-substantive nature, with an Informational Report to City Council; and
 Adopt a finding of categorical exemption pursuant to sections 15301 (Existing Facilities) and 15303 (New Construction or Conversion of Small Structures) of the California Environmental Quality Act (CEQA) Guidelines.

12.12 October 28, 2025 CITY COUNCIL MINUTES 8080
Consent Agenda (continued)

21. Santa Cruz Wharf Repairs and Recovery - Budget Adjustment (PR) LOCATION: District 4
Resolution No. NS-30,565 was adopted amending the FY 2026 budget to appropriate $493,003 of funds into the 2025 Santa Cruz Wharf End Interim Repair Project (c302612).

22. Amended and Restated License Agreement for Mercy Housing to Use and Improve the Tot-Lot Area at Beach Flats Park (PR)
Location: District 4
Motion carried to:
 Approve and authorize the City Manager to execute an Amended and Restated License Agreement, in a form approved by the City Attorney, to allow for Mercy Housing to use and improve the tot-lot playground area at Beach Flats Park; and to authorize the City Manager to execute contract amendments of a minor and non-substantive nature, with an Informational Report to City Council; and
 Adopt a finding of categorical exemption pursuant to sections 15301 (Existing Facilities), 15302 (Replacement or Reconstruction), and 15303 (New Construction or Conversion of Small Structures) of the California Environmental Quality Act (CEQA) Guidelines.

23. Resource Recovery Facility Enclosed Flare Station Installation Project (c402512) – Authorization to Advertise and Award (PW)
LOCATION: District 6
Motion carried to:
 Approve the plans and specifications for the Resource Recovery Facility Enclosed Flare Station Installation Project (c402512), authorize staff to advertise for bids, and award the contract. The City Manager is hereby authorized and directed to execute the contract in a form approved by the City Attorney, and as authorized by Resolution No. NS-27,563. The Director of Public Works is authorized to execute change orders within the approved project budget; and
 Find the project Categorically Exempt under CEQA Guidelines 14 CCR section 15301(d).

12.13 October 28, 2025 CITY COUNCIL MINUTES 8081
Consent Agenda (continued)

24. Project WEER (Wastewater Treatment Facility Energy and Electrical Resiliency): Authorization to use Progressive Design Build Project Delivery Method (c401405) (PW)
LOCATION: District 3
Motion carried to authorize use of the best value project delivery methodprogressive design build, for Project WEER.

25. Consulting Engineering Services for Wastewater Treatment Facility Capital Improvement Projects – Amendment 10 to Agreement (c402611) - Budget Adjustment (PW)
LOCATION: District 3
Motion carried to:
 Authorize the City Manager to execute Amendment 10 to the Professional Services Agreement with Brown and Caldwell (San Jose, CA) in the amount of $4,350,000 to provide additional engineering services for Wastewater Treatment Facility Capital Improvement Projects in a form acceptable to the City Attorney. Authorize the Director of Public Works to execute contract amendments within the approved budget; and
 Adopt Resolution No. NS-30,566 to amend the FY 2026 budget and appropriate funds in the amount of $650,000 for the Interstage Pump 1 Improvement Project (c402611) and appropriate funds in the amount of $305,882 from anticipated revenue for expenses associated with the Interstage Pump 1 Improvement Project.

26. Award of Professional Services Agreement to Errol L. Montgomery & Associates, Inc. for Groundwater Modeling (WT)
LOCATION: County
Motion carried authorizing the City Manager to execute a contract agreement in a form to be approved by the City Attorney with Errol L. Montgomery & Associates, Inc. (Oakland, CA) for Engineering Services for Groundwater Modeling and to authorize the Water Director to execute future contract amendments within the approved project budget.

12.14 October 28, 2025 CITY COUNCIL MINUTES 8082
Consent Agenda (continued)

27. Grant of Easement - County of Santa Cruz – Lompico Emergency Evacuation Route, APN 076-251-24 (WT)
LOCATION: County
Resolution No. NS-30,567 was adopted authorizing the City Manager to execute a Grant of Easement to the County of Santa Cruz covering a portion of City property located on the Newell Creek Watershed along Newell Creek Road in Lompico Canyon, APN 076-251-24.

End Consent Agenda
Consent Public Hearings
Mayor Keeley opened the public comment period. There were no speakers. Mayor Keeley closed the public comment period.

MOTION: Councilmember Brunner moved, seconded by Vice Mayor KalantariJohnson, to approve the Consent Public Hearing Agenda.

ACTION: The motion carried unanimously with the following vote.

AYES: Councilmembers Trigueiro, Brunner, Newsome, Golder, O’Hara; Vice Mayor Kalantari-Johnson; Mayor Keeley.

NOES: None.

ABSENT: None.

DISQUALIFIED: None.

28. 2nd Reading and Final Adoption of Ordinance No. 2025-20 Amending Uncodified Ordinance No. 2020-27 Extending Temporary Use of Certain Adjacent Public Streets and Outdoor Areas for Eligible Businesses for Commercial Use on Private Property from July 1, 2026 to July 1, 2029 (EDH) LOCATION: Citywide
Ordinance No. 2025-20 was adopted amending uncodified Ordinance No. 2020- 27 extending temporary use of certain adjacent public streets and outdoor areas for eligible businesses for commercial use on private property from July 1, 2026 to July 1, 2029.

12.15 October 28, 2025 CITY COUNCIL MINUTES 8083
Consent Public Hearings (continued)

29. Tri-Annual, 2025 Building Standards Code Adoption, Consistent with the State Building Standards Commission and the International Code Council Tri-Chapter Uniform Code Committee Amendments through Introduction of an Ordinance Amending Building Regulations Contained in Title 18 of the Santa Cruz Municipal Code and Adopting the California Code of Regulations Title 24, 2025 Building Standards Code to Establish Minimum Requirements to Safeguard Public Health, Life, Safety and General Welfare. CEQA: Exempt per Guidelines Sections 15061, 15305, and 15308. (PL)
LOCATION: Citywide
Motion carried to introduce for publication Ordinance No. 2025-21 acknowledging the CEQA exemptions, amending Title 18 of the Municipal Code, and adopting the 2025 editions of the California Building Standards Code, California Code of Regulations Title 24, Parts 1, 2, 2.5, 3, 4, 5, 6, 8, 10, 11 and 12 including referenced appendices, amendments and modifications.

Public Hearings

30. First Reading of an Ordinance to Establish the Midtown Santa Cruz Business Improvement District and Levy Assessments for Calendar Year 2026 (EDH) LOCATION: Districts 1 and 2
This item was continued to a future meeting and was not discussed.

12.16 October 28, 2025 CITY COUNCIL MINUTES 8084
Public Hearings (continued)

31. Amendments to Chapter 18.15 of the Municipal Code to Adopt Local Amendments to the California Energy Code of the 2025 California Building Code Cycle to Require Energy Conservation Measures for Certain Heating, Ventilation, and Air Conditioner Replacements and Installations in Existing Nonresidential Buildings (PL/CM)
LOCATION: Citywide
Sustainability and Resiliency Officer T. Wise-West and gave a presentation and responded to Council questions.

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

Ana Capstick
Mayor Keeley closed the public comment period.

MOTION: Councilmember O’Hara moved, seconded by Councilmember Trigueiro, to:
 Acknowledge the CEQA determinations that the ordinance is consistent with the Negative Declaration approved for the City of Santa Cruz 2030 Climate Action Plan adopted by City Council on September 13, 2022. The ordinance is also exempt from CEQA under the general rule, CEQA Guidelines Section 15061(b)(3) and per CEQA Guidelines Section 15308, Actions by Regulatory Agencies for Protection of Natural Resources; and
 Introduce for publication Ordinance No. 2025-22 amending Municipal Code Chapter 18.15 to adopt local amendments to Title 24, Part 6 of the California Code of Regulations (California Energy Code) creating an energy reach code for existing nonresidential buildings that requires either the installation of a heat pump to State code minimum standards or additional energy measures for new and replacement air conditioning (AC) systems.

ACTION: The motion carried unanimously with the following vote.

AYES: Councilmembers Trigueiro, Brunner, Newsome, Golder, O’Hara; Vice Mayor Kalantari-Johnson; Mayor Keeley.

NOES: None.

ABSENT: None.

DISQUALIFIED: None.

12.17 October 28, 2025 CITY COUNCIL MINUTES 8085
General Business

32. Year-End Budget Adjustment for Fiscal Year (FY) 2025- Budget Adjustment (FN) LOCATION: Citywide
Director of Finance E. Cabell gave a presentation.

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

Mayor Keeley closed the public comment period.

MOTION: Councilmember Trigueiro moved, seconded by Vice Mayor Kalantari-Johnson, to adopt Resolution No. NS-30,568 amending the Fiscal Year (FY) 2025 budget to adjust annual revenue and expenditure budgets in various funds.

ACTION: The motion carried unanimously with the following vote.

AYES: Councilmembers Trigueiro, Brunner, Newsome, Golder, O’Hara; Vice Mayor Kalantari-Johnson; Mayor Keeley.

NOES: None.

ABSENT: None.

DISQUALIFIED: None.

33. Resilient Coast Santa Cruz 2.0: Overview of Project and Draft Equitable Engagement Strategy (CM)
LOCATION: Districts 2, 3, 4, and 6
Sustainability and Resiliency Officer T. Wise-West and Senior Coastal Resilience Planner H. Papendick gave a presentation and responded to Council questions.

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

Adjournment – Councilmember Newsome moved, seconded by Councilmember Golder, to adjourn. By consensus City Council adjourned at 3:50 p.m.

12.18 October 28, 2025 CITY COUNCIL MINUTES 8086
Respectfully Submitted:

Julia Wood, Deputy City Clerk Administrator
Attest:

Bonnie Bush, City Clerk Administrator
Approved:

Fred Keeley, Mayor

12.19 City Council

AGENDA REPORT
DATE: 10/29/2025
AGENDA OF: 11/18/2025
DEPARTMENT: City Clerk
SUBJECT: Transportation and Public Works Commission Appointment (CC) LOCATION: Citywide
RECOMMENDATION: Motion to approve Councilmember Trigueiro’s nomination of Carlina Rose to the Transportation and Public Works Commission with a term ending January 31, 2029, eligible for reappointment.

BACKGROUND: The Transportation and Public Works Commission is comprised of members who have been nominated by each Councilmember. When a new Councilmember is elected, or if there is a vacancy for any reason, new commissioners must be nominated.

DISCUSSION: Due to the resignation of Councilmember Trigueiro’s previous appointee, there is a vacancy on the commission. Councilmember Trigueiro would like to nominate Carlina Rose to serve on the commission for the duration of the term ending January 31, 2029, eligible for reappointment.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) DETERMINATION: Does not require CEQA review as it does not meet the definition of a “Project” under CEQA. The proposed Council action will not result in “a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment[.]” (Public Resources Code § 21065.)
HEALTH IN ALL POLICIES (HiAP): This is an administrative process and is not directly related to Health in All Policies.

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: No impacts.

13.1 Prepared By:

Bonnie Bush
City Clerk
Submitted By:

Michelle Templeton
Assistant City Manager
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. CARLINA ROSE APPLICATION.PDF

13.2 13.3

13.4 13.5
2 These experiences have equipped me with a comprehensive understanding of transportation planning, environmental sustainability, and community engagement. I am eager to bring my expertise, collaborative approach, and passion for equitable and sustainable transportation solutions to this Commission, contributing meaningfully to its mission.

2. What types of diverse interests/experiences would you bring to the Commission/ Committee/Board?
During my time living across the Bay Area I have engaged with virtually every mode of transportation available, including:
• Walking: Navigating neighborhoods and urban areas on foot has given me an appreciation for pedestrian safety, accessibility, and the importance of well-designed street level infrastructure. • Commute Cycling: As a cyclist, I've gained firsthand insight into the challenges and opportunities for improving bike infrastructure and safety.
• Motorcycling: My experience as a motorcyclist has deepened my understanding of roadway design, traffic dynamics, and rider safety.
• Public Transit Dependency: At various points, I have relied exclusively on public transportation, offering me a keen appreciation of its strengths and areas for improvement. • Accessibility Challenges: While temporarily using an assisted walking device, I personally experienced the barriers and limitations faced by individuals with mobility challenges, inspiring a commitment to inclusive transit planning.
• Long-Distance Commuting: My experience commuting long distances using both personal vehicles and public transit has given me insight into regional connectivity and the needs of diverse commuters.
• Commitment to Sustainability: My diverse transportation experiences have deepened my awareness of the environmental impacts of different modes of travel. This awareness drives my commitment to promoting sustainable transportation solutions that reduce carbon emissions, improve air quality, and support equality and environmentally friendly urban development.

These experiences have cultivated a deep understanding of transportation systems from multiple perspectives, equipping me to contribute meaningfully to discussions and decisions that promote accessibility, safety, efficiency, and sustainability for all community members.

With gratitude,
Carlina Rose

13.6 City Council

AGENDA REPORT
DATE: 11/11/2025
AGENDA OF: 11/18/2025
DEPARTMENT: City Manager
SUBJECT: Agreement with Second Harvest Food Bank Santa Cruz County to Address Food Insecurity Resulting from the Federal Government Shutdown (CM) LOCATION: Citywide
RECOMMENDATION: Motion to:
1) Approve a contribution up to $100,000 for emergency food procurement and distribution through Second Harvest Food Bank Santa Cruz County; and/or support Second Harvest through mutual aid support for food distribution efforts as needed; and 2) Authorize the City Manager to execute an agreement with Second Harvest Food Bank Santa Cruz County in an amount up to $100,000 in a form to be approved by the City Attorney.

BACKGROUND: The expiration of federal Supplemental Nutrition Assistance Program (SNAP) allotments due to the federal government shutdown has dramatically reduced food assistance for thousands of low-income households in the City of Santa Cruz, worsening food insecurity and economic hardship. Local food banks and community organizations expect unprecedented demand that far exceeds their current resources. Declaring a local emergency will enable the City to request additional state support, coordinate resources more effectively, and work to safeguard vulnerable residents to the greatest extent possible. Contributing up to $100,000 and/or providing mutual aid support for food distribution efforts will allow the City to scale up to directly support providing food resources for SNAP (CalFresh in California) recipients and community food distribution programs.

DISCUSSION: The expiration of SNAP allotments due to the federal government shutdown and the continuing delay has created a sudden and measurable gap in household food resources, especially for low-income families and individuals who relied on the benefits. The County estimates that more than 35,000 residents in Santa Cruz County obtain nutrition support services like SNAP, representing $6.5 million in monthly benefits previously accessed by local residents.

In September 2025, the City of Santa Cruz had 8,407 clients who received $1.9 million in benefits. In Fiscal Year 2024-2025, the City of Santa Cruz had 12,121 CalFresh Clients and received $23.9 million in benefits.

14.1 Local partners, including Second Harvest Food Bank Santa Cruz County (Second Harvest) and other community-based organizations, are reporting sharp increases in food distribution requests and diminished inventories. This situation places additional strain on local governments and nonprofits already contending with overlapping challenges from inflation, housing insecurity, and ongoing disaster recovery needs.

Providing funding from the City’s emergency reserves and/or providing mutual aid support for food distribution efforts will enable a more coordinated response, aligning City departments, regional partners, and state agencies to identify and deploy stop-gap funding to mitigate the immediate impacts of food insecurity and sustain local food access efforts.

The Santa Cruz City Manager has been coordinating with the Santa Cruz County Executive Office (CEO) on a strategy to scale up emergency food procurement and distribution through Second Harvest for November and December. Second Harvest calculated a monthly cost of approximately $1 million to feed an additional 25,000 people in Santa Cruz County. Over two months, more than $2 million would be required to fund emergency food procurement and distribution. Second Harvest received $700,000 from the State of California from the $80 million emergency funding in the Fiscal Year (FY) 2025-26 budget. This leaves a gap of $1.3 million should no funding become available through the federal government during the months of November and December.

On November 4, 2025, Santa Cruz County Board of Supervisors approved $500,000 for emergency food procurement and distribution through Second Harvest. The amended agreement allows for a modification to this amount if the federal government shutdown were to end in early to mid-November. As of November 12, 2025, the federal shutdown has now ended; however, it remains unclear when the SNAP benefits will be fully restored and food insecurity continues for local community members. City staff will continue to seek clarity on resources need and provide assistance where needed. On November 17, 2025, Second Harvest will be coordinating a food distribution event at the Kaiser Arena. City will be participating in the food distribution event with in-kind resources and will continue to provide assistance to lessen the impacts of food security in our community as a result of the shutdown.

During the shutdown, the County and Second Harvest reached out to the Cities of Capitola, Santa Cruz, Scotts Valley and Watsonville as well as the Community Foundation and County Office of Education to generate contributions towards this effort, as follows:
 The County Office of Education proposed contributing $250,000.  The City of Watsonville proposed contributing $100,000 (to be considered at the November 18th Council meeting).
 The City of Santa Cruz proposed contributing $100,000 (to be considered at the November 18th Council meeting).
 The Community Foundation proposed contributing $100,000.

These proposed contributions would result in total contributions of $1,050,000 to Second Harvest Food Bank.

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. (Pub. Resources Code, § 21065.)

14.2 HEALTH IN ALL POLICIES (HiAP): HiAP is a collaborative framework designed to improve population health by integrating health considerations into decision-making processes across sectors and policy areas. HiAP is built on three core pillars: equity, public health, and sustainability. Its primary goal is to ensure that policymakers fully consider the health, equity, and sustainability impacts of various policy options during development. The proposed action aligns with HiAP principles by promoting public health and equity, ensuring that lower-income individuals have access to funding to mitigate the immediate impacts of food insecurity and sustain local food access efforts. By prioritizing the welfare of vulnerable populations, this initiative reinforces commitment to a healthier, more resilient community.

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: No FISCAL IMPACT DESCRIPTION: In unforeseen and non-recurring situations such as this, wherein unanticipated expenditures arise because of legislative changes from the federal government, the Emergency Reserve policy allows the City Manager to request appropriations from the City Wide Stabilization fund. However, those appropriations may only occur “after exhausting the current year’s budgetary flexibility and spending.” The City Manager will seek to implement reductions up to $100,000 across expenditure categories in General Fund Departments to realign appropriations to fund the staff recommendations in this report. At the end of the fiscal year, if it is determined that the General Fund cannot absorb these additional costs and reductions were insufficient, the City Manager will request appropriations from the Emergency Reserve in the FY 2026 year-end budget adjustment.

For these reasons, there are currently no planned increases in the General Fund budget from the staff recommendations nor is a budget adjustment currently necessary.

Prepared By:

Larry Imwalle
Director of Homelessness
Response and Community
Programs
Submitted By:

Michelle Templeton
Assistant City Manager
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

None.

14.3 City Council

AGENDA REPORT
DATE: 10/30/2025
AGENDA OF: 11/18/2025
DEPARTMENT: City Manager
SUBJECT: Approval of County of Santa Cruz Memorandum of Understanding and Save Our Shores Professional Services Agreement to Coordinate on Strengthening Opposition to Offshore Drilling and Seabed Mining (CM) LOCATION: Citywide
RECOMMENDATION: Motion to:
1) Approve a Memorandum of Understanding (MOU) with the County of Santa Cruz specifying the City of Santa Cruz’ contribution in the amount of $29,000 and the activities for coordinating funding and administration of the Offshore Oil Coalition Coordination Effort (OOCCE); and 2) Authorize City Manager to execute a Professional Services Agreement with Save Our Shores in a form approved by the City Attorney in the amount of $25,000 to update and strengthen the City of Santa Cruz’s ordinances and related policies opposing offshore oil and gas development and onshore facilities for seabed mining, and to coordinate regional collaboration on coastal protection and policy consistency.

BACKGROUND: In the late 1980s, the City of Santa Cruz, along with Santa Cruz and Monterey Counties, helped form the Central Coast Outer Continental Shelf (OCS) Regional Studies Program to coordinate science, policy and public engagement on OCS proposals, strengthening the case that drilling threatened coastal economies and resources. This effort was successful in preventing several federal proposals to open oil and gas drilling in the OCS and led to the establishment of several marine sanctuaries including the Monterey Bay National Marine Sanctuary.

The current federal administration is attempting to overturn successful protections of our local marine environment. In early 2025, the U.S. Department of Interior’s Five-Year OCS Oil and Gas Leasing Program (Program) indicated the intention of offering new areas off the California Coast to the offshore drilling industry, even within the boundaries of National Marine Sanctuaries.

On June 10, 2025, the City Council unanimously adopted a resolution confirming the City’s commitment to prohibiting offshore drilling in the Monterey Bay National Marine Sanctuary and directed the Mayor to send a letter opposing the proposed 11th National OCS Oil and Gas

15.1 Leasing Program (Program). In doing so, the City joined numerous local and state governments in opposing the latest federal effort to allow oil drilling in environmentally sensitive ocean areas.

The County of Santa Cruz Board of Supervisors (Board) also took a position in opposition to the federal proposal and, on June 22, 2025, approved launching an anti-offshore oil drilling local coordination effort among local communities in California calling for multi-jurisdictional support of this effort.

In order to preserve these long-standing protections, the County has requested the City join them to re-invigorate the local and state coordinated efforts in opposition to the federal Program.

Santa Cruz County is coordinating efforts with two vendors to carry out activities aimed at strengthening opposition to offshore drilling in Santa Cruz County, specifically by forming a Local Government OCS Coordination Program.

On September 30, 2025, the City Council expressed support for Santa Cruz County’s commitments to oppose the federal offshore drilling proposal and agreed to join the local coordination effort. It also directed staff to return to City Council within one month with a cooperative agreement or equivalent that defined the scope of work, terms and City involvement and identified a funding source for the City’s contributions to the County and Save our Shores activities. City staff did not receive the draft MOU and draft Save our Shores scope, timeline and fee until October 22, 2025 and due to the City’s agenda preparation timeline, was not able to place this item on the October, 30 City Council Agenda.

DISCUSSION: The County has hired Richard Charter as the coordinator of the intergovernmental effort to oppose the federal Program. Mr. Charter has been coordinating opposition to offshore oil drilling both statewide and nationally since 1980. Through the MOU with Santa Cruz County (Attachment), the City will allocate $29,000 to contribute towards funding the contract with Mr. Charter.

Save our Shores will contract with Santa Cruz County, the City of Santa Cruz and other coastal jurisdictions in the County to work with Mr. Charter and collaborate with local jurisdictions and stakeholders to support any policy work needed. The City’s Professional Services Agreement (PSA) with Save our Shores (Attachment) specifies the scope, timeline and fee of $25,000 for the activities the City will fund.

Upon City Council approval, the City Manager will execute both agreements and begin work with the County and the two vendors.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) DETERMINATION: The proposed Council actions are not “projects” under CEQA because they do not meet all requirements set out in Pub. Resources Code § 21065.

HEALTH IN ALL POLICIES (HiAP): Joining the local coordination effort to oppose OCS oil drilling aligns with HiAP’s Sustainability pillar in that it will support the City’s ongoing efforts to fight climate change, protect our coastal resources, promote clean air, safe and clean beaches, help sustain the health of our marine life and generally protect the City’s environment.

15.2 FISCAL IMPACT:

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

2. This recommendation requires a budget adjustment: Yes

3. The recommendation creates an on-going expenditure commitment: No FISCAL IMPACT DESCRIPTION: The MOU with the County will require $29,000. The PSA with Save our Shores will require $25,000. In order to fund the terms of the MOU and PSA, totaling $54,000, currently-existing appropriations from the General Fund will be used. No new appropriations will be needed at this time. Staff has prepared an administrative budget adjustment to move funds from within the City Manager’s Office department budget to cover these costs. Per Council Policy 12.6, as these will not be new appropriations, they total less than $100,000, and they will remain as expenses within the same department, this budget adjustment can be handled through the administrative budget adjustment process. This budget adjustment will have a net neutral impact to the General Fund.

Prepared By:

Tiffany Wise-West, P.E.

Sustainability and Resiliency
Officer
Submitted By:

Michelle Templeton
Assistant City Manager
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. MEMORANDUM OF UNDERSTANDING WITH SANTA CRUZ COUNTY.PDF

2. SAVE OUR SHORES PROFESSIONAL SERVICE AGREEMENT.PDF

15.3 1

MEMORANDUM OF UNDERSTANDING BETWEEN

THE COUNTY OF SANTA CRUZ AND THE CITY OF SANTA CRUZ
This agreement is entered into on the date all parties have signed the agreement (the “Effective Date), by and between the County of Santa Cruz and the City of Santa Cruz (CITY). The COUNTY and the CITY may be referred to herein collectively as Parties.

I. PURPOSE
This Agreement is entered into by and between the Parties, for the purpose of coordinating funding and administration of the Offshore Oil Coalition Coordination Effort (hereinafter “OOCCE”) during the Fiscal Year 2025-2026. For purposes of this Agreement, the Parties agree that Fiscal Year shall be defined in the following manner: FY 26: July 1, 2025 – June 30, 2026.

The purpose of this Agreement is to specify the roles and responsibilities of each of the Parties who are each contributing funding to OOCCE.

II. BACKGROUND
The COUNTY and CITY are partnering to fund the Offshore Oil Coalition Coordination Effort in order to provide organized opposition to offshore oil drilling along the California Coast among the local impacted communities. The County has contracted with Richard Charter (CONTRACTOR, 26C5151) to provide services related to these efforts and has seeded funding of $29,000 to assist with this contract (See Attachment A – Standard Services Contract).

Mr. Charter is identified as the Program Coordinator for all services related to the OOCCE. He will provide guidance and technical assistance to the County of Santa Cruz and other interested California local governments, to NGO non-profit conservation organizations, and to other coastal stakeholders in the interest of ensuring appropriate and timely responses for pending federal offshore oil and gas leasing proposals and seabed mining initiatives. Work products will include researching and preparing comments for public input opportunities by the U.S. Department of Interior, appearances at relevant public hearings, as well as encouraging favorable outcomes for related policy decisions by the California State Legislature and the U.S. Congress. The Local Government OCS Coordination Program will produce draft county comment documents while ensuring positive coordination of Santa Cruz County responses with those of the California Coastal Commission, the California Ocean Protection Council, California Fish and Wildlife, and the Governor and State Attorney General. The outcomes of this work will involve, to the degree feasible, protection of the California coast and coastal waters, the Pacific Coast National Marine Sanctuaries, and our State Marine Protected Areas from adverse impacts resulting from polluting industrial activities, including offshore oil drilling and subsea mining.

Mr. Charter will be seeking contributions from effected jurisdictions to help expand these coordinated efforts into other potentially impacted jurisdictions seeking to be a part of the Coalition, and the COUNTY will serve as the fiscal agent for accepting and distributing these revenues per the terms outlined in this Memorandum of Understanding (MOU) and attached Standard Services Contract.

15.4 2
The CITY has agreed to provide funding to support the County’s contract with Mr. Charter (26C5151) in furtherance of the CITY’s commitment to the OOCCE.

III. FUNDING
The CITY has agreed to provide a one-time payment of TWENTY-NINE THOUSAND DOLLARS ($29,000) to the OOCCE, to be held and distributed by the COUNTY per the County’s contract with contractor, Mr. Charter, only.

IV. TERM
This Agreement shall commence on the Effective Date and remain in full force and effect through June 30, 2026. The Parties may modify and/or extend the term of this agreement through mutual consent with a 30-day written notice.

V. CONTRACT AMENDMENT
The current contract with Mr. Charter (26C5151) in the amount of $29,000 will be amended upon receipt of the CITY’s funds, and upon receipt of additional funds from the CITY and any other jurisdictions, to reflect the amount of funds received.

VI. SHARED RESPONSIBILITIES
The Parties will coordinate to ensure CITY receives all applicable reports/data of OOCCE activities that are fully or partially funded by the CITY and COUNTY for program analysis, including but not limited to those prepared pursuant to the COUNTY’s contract with Mr. Charter (26C5151).

Each Party shall bear their own respective costs related to administering this MOU.

VII. COUNTY RESPONSIBILITIES
COUNTY shall execute and manage the contract with Mr. Charter, including but not limited to:

1. Paying and tracking invoices, and

2. Collecting periodic reports from contractor.

COUNTY shall be responsible for ensuring that all services performed by Mr. Charter comply with all applicable Federal, State, and local laws, including regulations, protocols, and guidelines.

The CITY shall have no responsibility to oversee Mr. Charter directly, pursuant to the County’s contract (26C5151), including but not limited to paying Mr. Charter under the County contract.

VIII. GENERAL PROVISIONS
A. MUTUAL INDEMNIFICATION
Each Party (“Indemnitor”) to this Agreement agrees to defend, indemnify, and hold harmless the other Party to this Agreement, and the other Party’s respective officials, officers, employees,

15.5 3
agents, and volunteers (“Indemnitees”) from any claims, demands, damages, and liability of any kind or nature, including attorneys’ fees and costs (collectively “Claims”) which any Indemnitees may sustain or incur or which may be imposed upon it, but only in proportion to and to the extent that such Claims result from, arise out of, or in any manner are caused by the negligent acts or omissions of the Indemnitor, its officials, officers, employees, volunteers, invitees, or others under Indemnitor’s control or authority relating to this Agreement. Indemnitor further agrees to waive any rights of subrogation against Indemnitee as qualified by the previous sentence.

Each Party’s respective employees remain subject to the direction and control of their respective employer and shall not be considered to be an employee of the other Party. Each Party shall be responsible for the conduct and acts or omissions of its respective employees and shall incur any liabilities arising out of the acts or omissions of its respective personnel relating to this Agreement.

B. INSURANCE PROVISIONS
Without limiting the indemnification of either Party to this Agreement, each Party shall maintain or cause to be maintained its own insurance coverage at a minimum of: (i) a policy of commercial general liability with limits of liability not less than one million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) annual aggregate; (ii) a policy of workers’ compensation providing statutory coverage; or (iii) such other insurance or self-insurance as shall be necessary to insure it against any claim or claims for damages arising under the Agreement. Insurance afforded by the commercial general liability policy shall be endorsed to provide coverage to the other Party of this Agreement as an additional insured. Each Party to this Agreement shall provide a Certificate of Insurance certifying that coverage as required herein has been obtained. The requirements of this section may be satisfied by the provision of similar coverage through a self-insurance program.

C. RECORDS
Each Party shall maintain and preserve all records related to this Agreement (and shall ensure the maintenance of such records in the possession of any third-party performing work related to this Agreement) for a minimum period of five (5) years from the date of final payment under this Agreement. Such records shall be retained beyond the five-year period until any pending litigation, claim, negotiation, audit exception, or other action involving this Agreement is resolved.

D. NOTICE
Notice to the Parties in connection with this Agreement shall be given in writing, via email and concurrently delivered by first-class mail, addressed as follows:

Notice to COUNTY:

Melodye Serino
County of Santa Cruz, County Executive Office
701 Ocean Street, Room 520
Santa Cruz, CA 95060

15.6 4
Notice to CITY:

Tiffany Wise-West
City Manager’s Office
809 Center Street, Room 9/10
Santa Cruz, CA 95060
Each Party reserves the right to change the designated contact person and address of its own contact person. Such change shall be required to be in writing and provide at least 30 days’ notice to the other Party in advance of the change. Such change shall not require an amendment to this Agreement.

E. NO AGENCY
It is expressly understood and agreed that none of the Parties are in any way or for any purpose an agent of each other related to this Agreement and cannot enter into agreements or contracts as agents of the other.

F. NO ASSIGNMENT
No Party to this MOU can assign any portion of this MOU without the other Parties’ prior written consent, unless otherwise stated herein.

G. ENTIRE AGREEMENT
This Agreement contains the entire agreement of the Parties and each Party acknowledges there were no other oral agreements, representations, warranties or statements of fact made prior to or at the time of the signing of this Agreement.

H. SEVERABILITY
If any term or provision of this Agreement is declared invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.

I. WAIVER
Waiver by any Party of any portion of this Agreement shall not constitute a waiver of the same or any other portion hereof.

J. 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.

K. GOVERNING LAW
This Agreement shall be governed by and interpreted in accordance with California law.

15.7 5
L. COUNTERPARTS
This Agreement may be executed in counterparts, and when each Party has signed and delivered at least one such counterpart, each one shall be deemed an original and, when taken together with other signed counterparts, shall constitute one agreement, which shall be binding on and effective regarding all Parties. Facsimile, scanned, and electronic signatures have the same force and effect as original signatures.
[SIGNATURES ON FOLLOWING PAGE]

15.8 6
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the Effective Date.

By: _____________________ Date: ______________
Matt Huffaker
City Manager
City of Santa Cruz
By: _____________________ Date: ______________
Melodye Serino
Deputy CEO
Santa Cruz County
APPROVED AS TO FORM:
______________________ Date: _________
Office of the City Attorney
APPROVED AS TO FORM:
______________________ Date: _________
Office of the County Counsel
APPROVED AS TO FISCAL PROVISIONS:
_______________________ Date: _________
City of Santa Cruz
Finance Director
APPROVED AS TO INSURANCE:
_______________________ Date: _________
City of Santa Cruz
Risk Manager

15.9

Contract No. 26C5151

STANDARD SERVICES CONTRACT
This Contract, which is effective on the date it is fully executed, is between the COUNTY OF SANTA CRUZ, hereinafter called COUNTY, and Richard Charter, DBA Coastal Coordination Program LLC, hereinafter called CONTRACTOR. COUNTY and CONTRACTOR are each a “Party” to this Contract and are collectively the “Parties” to this Contract. The Parties agree as follows:

1. DUTIES. CONTRACTOR shall perform the following duties: coordinate anti-offshore drilling efforts among local communities in California for fiscal year 2025-26. These duties are described in further detail in Attachment A, “Scope of Services”, which is attached hereto and incorporated herein by reference.

2. COMPENSATION. COUNTY agrees to pay, and CONTRACTOR agrees to receive, compensation for the performance of its services under this Contract as follows: payment not to exceed $100 per hour for a total not to exceed $29,000 as set forth in further detail in Attachment B, “Terms of Payment”.

3. TERM. The term of this Contract shall be: July 1, 2025, through June 30, 2026. If this Contract is placed on the COUNTY’s Continuing Agreement List before the Contract term expires, the Parties agree to extend the terms and conditions of the Contract as set forth herein, and as reflected in any executed amendment hereto, until the Contract is thereafter terminated.

4. TERMINATION.

A. Termination for Cause. COUNTY may, in its sole discretion, immediately terminate this Contract if CONTRACTOR fails to adequately perform the services required hereunder, fails to comply with the terms or conditions set forth herein, or violates any local, state or federal law, regulation or standard applicable to its performance hereunder.

B. Termination Without Cause. COUNTY may terminate this Contract without cause upon at least thirty (30) calendar days advance written notice which states the effective date of the termination. Such termination is without penalty to or further obligation of COUNTY.

C. Termination Due to Insufficient Funding. COUNTY’s obligations under this Contract are contingent upon the availability of local, state and/or federal funds. In the event such funding is reduced or eliminated, COUNTY shall, at its sole discretion, determine whether this Contract shall be terminated.

COUNTY shall provide CONTRACTOR at least seven (7) calendar days advance written notice of its intent to terminate this Contract due to insufficient funding.

D. Compensation Upon Termination. In the event this Contract is terminated, CONTRACTOR shall be entitled to compensation for uncompensated services provided pursuant to the terms and conditions set forth herein through and including the effective date of such termination. However, this provision shall not limit or reduce any damages owed to COUNTY due to a breach of this Contract by CONTRACTOR.

5. INDEMNIFICATION FOR DAMAGES, TAXES AND CONTRIBUTIONS. To the fullest extent permitted by applicable law, CONTRACTOR shall exonerate, indemnify, defend, and hold harmless COUNTY (which for the purpose of Paragraphs 5 and 6 shall include, without limitation, its officers, officials, agents, employees and volunteers) from and against:

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A. Any and all claims, demands, losses, damages, defense costs, expenses (including attorneys’ fees and costs), fines, penalties, and liabilities of any kind or nature which COUNTY, CONTRACTOR, or any third party may sustain as a result of, arising out of, or in any manner connected with CONTRACTOR’s performance or failure to comply with or perform under the terms of this Contract, excepting any liability arising out of the sole negligence of COUNTY. Such indemnification includes any damage to the person(s), or property(ies) of CONTRACTOR and third persons.

B. Any and all federal, state, and local taxes, charges, fees, or contributions required to be paid with respect to CONTRACTOR and CONTRACTOR’s officers, employees, and agents engaged in the performance of this Contract (including, without limitation, unemployment insurance, social security and payroll tax withholding).

COUNTY may conduct or participate in its own defense without affecting CONTRACTOR’s obligation to indemnify and hold harmless or defend COUNTY.

Acceptance of the insurance required by this Contract shall not relieve CONTRACTOR from liability under this provision. This provision shall apply to all claims for damages related to CONTRACTOR’s performance hereunder, regardless of whether any insurance is applicable or not. The insurance policy limits set forth herein shall not act as a limitation upon the amount of indemnification or defense to be provided hereunder.

This Paragraph 5 shall survive the termination or expiration of this Contract.

6. INSURANCE. CONTRACTOR, at its sole cost and expense, for the full term of this Contract (and any extensions thereof), shall obtain and maintain, at minimum, compliance with all of the following insurance coverage(s) and requirements. Such insurance coverage shall be primary coverage and non-contributory as respects COUNTY and any insurance or self-insurance maintained by COUNTY shall be considered in excess of CONTRACTOR’s insurance coverage and shall not contribute to it. If CONTRACTOR normally carries insurance in an amount greater than the minimum amount required by COUNTY for this Contract, that greater amount shall become the minimum required amount of insurance for purposes of this Contract. Therefore, CONTRACTOR hereby acknowledges and agrees that any and all insurances carried by it shall be deemed liability coverage for any and all actions it performs in connection with this Contract. Insurance is to be obtained from insurers reasonably acceptable to COUNTY.

If CONTRACTOR utilizes one or more subcontractors in the performance of this Contract, CONTRACTOR shall obtain and maintain Contractor’s Protective Liability insurance as to each subcontractor or otherwise provide evidence of insurance coverage from each subcontractor equivalent to that required of CONTRACTOR in this Contract.

A. Types of Insurance and Minimum Limits.
i. Workers’ Compensation Insurance in the minimum statutorily required coverage amounts.
ii. Automobile Liability Insurance for each of CONTRACTOR’s vehicles used in the performance of this Contract, including owned, non-owned (e.g. owned by CONTRACTOR’s employees), leased or hired vehicles, in the minimum amount of $500,000 combined single limit per occurrence for bodily injury and property damage.

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iii. Comprehensive or Commercial General Liability Insurance coverage at least as broad as the most recent ISO Form CG 00 01 with a minimum limit of $2,000,000 per occurrence, and $2,000,000 in the aggregate, including coverage for: (a) products and completed operations, (b) bodily and personal injury, (c) broad form property damage, (d) contractual liability, and (e) crossliability. iv. Professional Liability Insurance in the minimum amount of $1,000,000 combined single limit.
v. Cyber liability insurance with limits of not less than $1,000,000 per occurrence, and $2,000,000 in the aggregate. Coverage must include claims involving Cyber Risks. The cyber liability policy must be endorsed to cover the full replacement value of damage to, alteration of, loss of, or destruction of intangible property (including but not limited to information or data) that is in the care, custody, or control of CONTRACTOR. “Cyber Risks” include but are not limited to (1) security breach; (2) data breach; (3) system failure; (4) data recovery; (5) failure to timely disclose data breach or security breach; (6) failure to comply with privacy policy; (7) business interruption; (8) cyber extortion; (9) invasion of privacy violations, including release of private information; (10) information theft; (11) release of private information; (12) payment card liabilities and costs; (13) infringement of intellectual property, including but not limited to infringement of copyright, trademark, and trade dress; (14) damage to or destruction or alteration of electronic information; (15) extortion related to CONTRACTOR’s obligations under this Contract regarding electronic information, including personal information; (16) fraudulent instruction; (17) funds transfer fraud; (18) telephone fraud; (19) network security; (20) data breach response costs, including security breach response costs; (21) regulatory fines and penalties related to CONTRACTOR’s obligations under this Contract regarding electronic information, including personal information; and (22) credit monitoring expenses.

B. Other Insurance Provisions.
i. If any insurance coverage required in this Contract is provided on a “Claims Made” rather than “Occurrence” form, CONTRACTOR agrees that the retroactive date thereof shall be no later than the date first written in Paragraph 3 of this Contract, and that it shall maintain the required coverage for a period of three (3) years after the expiration of this Contract (hereinafter “post Contract coverage”) and any extensions thereof. CONTRACTOR may maintain the required post Contract coverage by renewal or purchase of prior acts or tail coverage. This provision is contingent upon post Contract coverage being both available and reasonably affordable in relation to the coverage provided during the term of this Contract. For purposes of interpreting this requirement, a cost not exceeding 100% of the last annual policy premium during the term of this Contract in order to purchase prior acts or tail coverage for post Contract coverage shall be deemed to be reasonable. ii. All policies of Comprehensive or Commercial General Liability Insurance shall be endorsed to cover the County of Santa Cruz, its officers, officials, employees, agents, and volunteers as additional insureds with respect to liability arising out of the work or operations and activities performed by or on behalf of CONTRACTOR, including materials, parts or equipment furnished in connection with such work or operations. Endorsements shall be at least as broad as ISO Form CG 20 10 11 85, or both CG 20 10 10 01 and CG 20 37 10 01, covering both ongoing operations and products and completed operations.
iii. All required policies shall be endorsed to contain the following clause:

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“This insurance shall not be canceled until after thirty (30) calendar days’ prior written notice (10 calendar days for nonpayment of premium) has been given to:

County of Santa Cruz
Board of Supervisors
Attn: Caitlin Smith
701 Ocean St, Rm 500
Santa Cruz, CA 95060
Should CONTRACTOR fail to obtain such an endorsement to any policy required hereunder, CONTRACTOR shall be responsible to provide at least thirty (30) calendar days’ notice (10 calendar days for nonpayment of premium) of cancellation of such policy to COUNTY as a material term of this Contract.
iv. CONTRACTOR agrees to provide its insurance broker(s) with a full copy of these insurance provisions and will provide COUNTY on or before the effective date of this Contract with Certificates of Insurance and endorsements for all required coverages. However, failure to obtain the required documents prior to the work beginning shall not waive CONTRACTOR’s obligation to provide them. All Certificates of Insurance and endorsements shall be delivered or sent to:

County of Santa Cruz
Board of Supervisors
Attn: Caitlin Smith
701 Ocean St, Rm 500
Santa Cruz, CA 95060
v. CONTRACTOR hereby grants to COUNTY a waiver of any right of subrogation which any insurer of said CONTRACTOR may acquire against COUNTY by virtue of the payment of any loss 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 COUNTY has received a waiver of subrogation endorsement from the insurer.

7. EQUAL EMPLOYMENT OPPORTUNITY. During and in relation to the performance of this Contract, CONTRACTOR agrees as follows:

A. CONTRACTOR shall not discriminate against any employee or applicant for employment because of race, color, creed, religion, national origin, ancestry, physical or mental disability, medical condition (including cancer-related and genetic characteristics), marital status, sexual orientation, age (over 18), veteran status, gender, pregnancy, or any other non-merit factor unrelated to job duties. Such action shall include, but not be limited to, the following: recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, selection for training (including apprenticeship), employment, upgrading, demotion, or transfer. CONTRACTOR agrees to post in conspicuous places, available to employees and applicants for employment, notice setting forth the provisions of this non-discrimination clause.

B. If this Contract provides compensation in excess of $50,000 to CONTRACTOR and if CONTRACTOR employs fifteen (15) or more employees, the following requirements shall apply:

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i. CONTRACTOR shall, in all solicitations or advertisements for employees placed by or on behalf of CONTRACTOR, state that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, national origin, ancestry, physical or mental disability, medical condition (including cancer-related and genetic characteristics), marital status, sexual orientation, age (over 18), veteran status, gender, pregnancy, or any other non-merit factor unrelated to job duties. Such action shall include, but not be limited to, the following:
recruitment; advertising, layoff or termination, rates of pay or other forms of compensation, selection for training (including apprenticeship), employment, upgrading, demotion, or transfer. In addition, CONTRACTOR shall make a good faith effort to consider Minority/Women/Disabled Owned Business Enterprises in CONTRACTOR’s solicitation of goods and services. Definitions for Minority/Women/Disabled Owned Business Enterprises are available from the COUNTY General Services Purchasing Division.
ii. In the event of CONTRACTOR’s non-compliance with the non-discrimination clauses of this Contract or with any of the said rules, regulations, or orders said CONTRACTOR may be declared ineligible for further contracts with COUNTY. iii. CONTRACTOR shall cause the foregoing provisions of subparagraphs 7B(i) and 7B(ii) to be inserted in all subcontracts for any work covered under this Contract by a subcontractor compensated more than $50,000 and employing more than fifteen (15) employees, provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials.

8. INDEPENDENT CONTRACTOR. CONTRACTOR and COUNTY agree that in performing its obligations under this Contract, CONTRACTOR, including its officers, agents, employees, and volunteers, is at all times acting and performing as an independent contractor, in an independent capacity, and not as an officer, agent, servant, employee, joint venturer, partner, or associate of COUNTY.

Because of its status as an independent contractor, CONTRACTOR has no right to employment rights or benefits available to COUNTY employees. CONTRACTOR is solely responsible for providing to its own employees all employee benefits required by law. CONTRACTOR shall save COUNTY harmless from all matters relating to the payment of CONTRACTOR’s employees, including all payroll related taxes.

COUNTY has no right to control, supervise, or direct the manner or method of CONTRACTOR’s performance under this Contract, but COUNTY may verify that CONTRACTOR is performing according to the terms of this Contract.

9. NOTICES.

A. Contact Information. The persons having authority to give and receive notices provided for or permitted under this Contract include the following:

For COUNTY: For CONTRACTOR:

Caitlin Smith, Board of Supervisors Analyst Owner
Board of Supervisors Richard Charter
701 Ocean St, Rm 500 6947 Cliff Avenue
Santa Cruz, CA 95060 Bodega Bay, CA 94923
[email protected] [email protected] B. Change of Contact Information. Either Party may change the information in Paragraph

9.A by giving notice as provided in Paragraph 9.C.

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C. Method of Delivery. Each notice between COUNTY and CONTRACTOR provided for or permitted under this Contract must be in writing, state that it is a notice provided under this Contract, and be delivered either by personal service, by first-class United States mail, by an overnight commercial courier service, or by Portable Document Format (PDF) document attached to an email. i. A notice delivered by personal service is effective upon service to the recipient. ii. A notice delivered by first-class United States mail is effective three (3) COUNTY business days after deposit in the United States mail, postage prepaid, addressed to the recipient. iii. A notice delivered by an overnight commercial courier service is effective one (1) COUNTY business day after deposit with the overnight commercial courier service, delivery fees prepaid, with delivery instructions given for next day delivery, addressed to the recipient. iv. A notice delivered by telephonic facsimile transmission or by PDF document attached to an email is effective when transmission to the recipient is completed (but, if such transmission is completed outside of COUNTY’s business hours, then such delivery is deemed to be effective at the next beginning of a COUNTY business day), provided that the sender maintains a machine record of the completed transmission.

10. NONASSIGNMENT. CONTRACTOR shall not assign this Contract without the prior written consent of COUNTY.

11. ACKNOWLEDGMENT. CONTRACTOR shall acknowledge in all reports and literature that the Santa Cruz County Board of Supervisors has provided funding to CONTRACTOR.

12. INSPECTIONS, AUDITS, AND PUBLIC RECORDS.

A. Inspection of Documents. CONTRACTOR shall make available to COUNTY, and COUNTY may examine at any time during business hours and as often as COUNTY deems reasonably necessary, all of CONTRACTOR’s records and data with respect to the matters covered by this Contract, excluding attorney-client privileged communications. CONTRACTOR shall, upon request by COUNTY, permit COUNTY to audit and inspect all of such records and data to ensure CONTRACTOR’s compliance with the terms of this Contract.

B. Retention and Audit of Records. CONTRACTOR shall retain records pertinent to this Contract for a period of not less than five (5) years after final payment under this Contract or until a final audit report is accepted by COUNTY, whichever occurs first. CONTRACTOR hereby agrees to be subject to the examination and audit by the Santa Cruz County Auditor-Controller-Treasurer-Tax Collector, the Auditor General of the State of California, or the designee of either, for a period of five (5) years after final payment under this Contract.

C. Public Records. COUNTY is not limited in any manner with respect to its public disclosure of this Contract or any record or data that CONTRACTOR may provide to COUNTY. COUNTY’s public disclosure of this Contract or any record or data that CONTRACTOR may provide to COUNTY may include but is not limited to the following:
i. COUNTY may voluntarily, or upon request by any member of the public or governmental agency, disclose this Contract to the public or such governmental agency.

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ii. COUNTY may voluntarily, or upon request by any member of the public or governmental agency, disclose to the public or such governmental agency any record or data that CONTRACTOR may provide to COUNTY, unless such disclosure is prohibited by court order. iii. This Contract, and any record or data that CONTRACTOR may provide to COUNTY, is subject to public disclosure as a public record under the California Public Records Act (California Government Code, Title 1, Division 10, beginning with section 7920.000) (“CPRA”). iv. This Contract, and any record or data that CONTRACTOR may provide to COUNTY, is subject to public disclosure as information concerning the conduct of the people’s business of the State of California under Article 1, section 3, subdivision (b) of the California Constitution.
v. Any marking of confidentiality or restricted access upon or otherwise made with respect to any record or data that CONTRACTOR may provide to COUNTY shall be disregarded and have no effect on COUNTY’s right or duty to disclose to the public or governmental agency any such record or data.

D. Public Records Act Requests. CONTRACTOR shall cooperate with COUNTY with respect to any COUNTY demand for requested records.
i. If COUNTY receives a written or oral request under the CPRA to publicly disclose any record that is in CONTRACTOR’s possession or control, and which COUNTY has a right, under any provision of this Contract or applicable law, to possess or control, then COUNTY may demand, in writing, that CONTRACTOR deliver to COUNTY, for purposes of public disclosure, the requested records that may be in the possession or control of CONTRACTOR. Within five (5) COUNTY business days after COUNTY’s demand, CONTRACTOR shall (a) deliver to COUNTY all of the requested records that are in CONTRACTOR’s possession or control, together with a written statement that CONTRACTOR, after conducting a diligent search, has produced all requested records that are in CONTRACTOR’s possession or control, or (b) provide to COUNTY a written statement that CONTRACTOR, after conducting a diligent search, does not possess or control any of the requested records.
ii. If CONTRACTOR wishes to assert that any specific record or data is exempt from disclosure under the CPRA or other applicable law, it must deliver the record or data to COUNTY and assert the exemption by citation to specific legal authority within the written statement that it provides to COUNTY under this section. CONTRACTOR’s assertion of any exemption from disclosure is not binding on COUNTY, but COUNTY will give at least ten (10) calendar days’ advance written notice to CONTRACTOR before disclosing any record subject to CONTRACTOR’s assertion of exemption from disclosure.
iii. CONTRACTOR shall indemnify COUNTY for any court-ordered award of costs or attorney’s fees under the CPRA that results from CONTRACTOR’s delay, claim of exemption, failure to produce any such records, or failure to cooperate with COUNTY with respect to any COUNTY demand for any such records.
iv. This provision shall not prohibit CONTRACTOR from seeking a protective order to prevent the disclosure of records CONTRACTOR has deemed or marked as confidential or restricted or proprietary.

E. This Paragraph 12 shall survive the termination or expiration of this Contract.

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13. PRESENTATION OF CLAIMS. Presentation and processing of any or all claims arising out of or related to this Contract shall be made in accordance with the provisions contained in Chapter 1.05 of the Santa Cruz County Code, which by this reference is incorporated herein.

14. ATTACHMENTS. CONTRACTOR shall comply with the requirements of the following attachments to this Contract, each of which is incorporated herein by reference:

Attachment A, “Scope of Services”
Attachment B, “Terms of Payment”
Attachment C, “Additional Terms”
Unless explicitly stated in an attachment, the language in the body of this Contract controls should a conflict arise between the language in the body of this Contract and any attachment to this Contract.

15. LIVING WAGE. This Contract is covered under Living Wage provisions if this Paragraph is initialed by COUNTY .

If Item # 15 above is initialed by COUNTY, then this Contract is subject to the provisions of Santa Cruz County Code Chapter 2.122, which requires payment of a living wage to covered employees. Noncompliance during the term of the Contract with these Living Wage provisions will be considered a material breach, and may result in termination of the Contract and/or pursuit of other legal or administrative remedies.

CONTRACTOR agrees to comply with Santa Cruz County Code section 2.122.140, if applicable.

16. NON-BINDING UNTIL APPROVED. Regardless of whether this Contract has been signed by all parties, if the total compensation identified in Paragraph 2 of this Contract is greater than $200,000, this Contract is not binding on any party until the Contract has been approved by the Santa Cruz County Board of Supervisors.

17. GENERAL TERMS.

A. Compliance with Laws. CONTRACTOR shall, at its own cost, comply with all applicable federal, state, and local laws and regulations in the performance of its obligations under this Contract, including but not limited to workers compensation, labor, and confidentiality laws and regulations. This shall include, but is not limited to, obtaining the necessary licenses, permits, and any other required authorization to perform the work necessary to complete the terms of this Contract. CONTRACTOR bears sole responsibility for any violation of such laws and regulations by itself and agrees that it will indemnify, defend and hold COUNTY harmlessfor the consequences of any such violation, asreferenced in Paragraph 5 of this Contract.

B. Standard of Practice. CONTRACTOR warrants that it has the degree of learning and skill ordinarily possessed by reputable professionals practicing in similar localities in the same profession and under similar circumstances. CONTRACTOR’s duty is to exercise such care, skill and diligence as professionals engaged in the same profession ordinarily exercise under like circumstances.

C. Prior Acts Ratified. Any and all acts which may have already been consummated pursuant to the terms and conditions of this Contract are hereby ratified.

D. Modification. This Contract may not be modified, and no waiver is effective, except by written agreement signed by both Parties. CONTRACTOR acknowledges that COUNTY employees have no authority to modify this Contract except as expressly provided in this Contract.

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E. Non-Liability of County Officers, Officials, Employees, Agents, Volunteers. No officer, official, employee, agent, or volunteer of COUNTY shall be personally liable to CONTRACTOR in the event of any default or breach by COUNTY.

F. Governing Law. The laws of the State of California govern all matters arising from or related to this Contract.

G. Jurisdiction and Venue. This Contract is signed and performed in Santa Cruz County, California. CONTRACTOR consents to California jurisdiction for actions arising from or related to this Contract, and, subject to the Government Claims Act, all such actions must be brought and maintained in Santa Cruz County.

H. Construction. The final form of this Contract is the result of the Parties’ combined efforts.

If anything in this Contract is found by a court of competent jurisdiction to be ambiguous, that ambiguity shall not be resolved by construing the terms of this Contract against either Party.

I. Headings. The headings and paragraph titles in this Contract are for convenience only and are not part of this Contract.

J. Severability. If anything in this Contract is found by a court of competent jurisdiction to be unlawful or otherwise unenforceable, the balance of this Contract remainsin effect, and the Partiesshall make best efforts to replace the unlawful or unenforceable part of this Contract with lawful and enforceable terms intended to accomplish the Parties’ original intent.

K. No Waiver. Payment, waiver, or discharge by COUNTY of any liability or obligation of CONTRACTOR under this Contract on any one or more occasions is not a waiver of performance of any continuing or other obligation of CONTRACTOR and does not prohibit enforcement by COUNTY of any obligation on any other occasion.

L. No Third-Party Beneficiaries. This Contract does not and is not intended to create any rights or obligations for any person or entity except for the Parties.

M. Force Majeure. Neither Party hereto shall be liable or responsible for delays or failures in performance resulting from events beyond the reasonable control, and without the fault or negligence, of such Party. Such events shall include, without limitation, acts of God, strikes, lockouts, riots, acts of war, epidemics, pandemics, acts of government, fire, power failures, nuclear accidents, earthquakes, unusually severe weather, acts of terrorism or other disasters, whether or not similar to the foregoing.

N. Authorized Signature. CONTRACTOR represents and warrants to COUNTY that:
i. CONTRACTOR is duly authorized and empowered to sign and perform its obligations under this Contract.
ii. The individual signing this Contract on behalf of CONTRACTOR is duly authorized to do so and their signature on this Contract legally binds CONTRACTOR to the terms of this Contract.

O. Integrated Contract. This Contract, including its attachments, is the entire agreement between CONTRACTOR and COUNTY with respect to the subject matter of this Contract, and it supersedes all previous negotiations, proposals, commitments, writings, advertisements, publications, and understandings of any nature unless those things are expressly included in this Contract.

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P. Counterpart Execution. This Contract, and any amendments hereto, may be executed in one (1) or more counterparts, each of which shall be deemed to be an original and all of which, when taken together, shall be deemed to be one (1) and the same agreement. This Contract, and any amendments hereto, may be signed by manual or electronic signatures in accordance with any and all applicable local, state and federal laws, regulations and standards, and such signatures shall constitute original signatures for all purposes. A signed copy of this Contract, and any amendments hereto, transmitted by email or by other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Contract and any amendments hereto.
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[SIGNATURES APPEAR ON FOLLOWING PAGE]
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SIGNATURE PAGE
Contract No. 26C5151

STANDARD SERVICES CONTRACT
IN WITNESS WHEREOF, the parties hereto agree to the terms set forth above.

2. RICHARD CHARTER 4. COUNTY OF SANTA CRUZ
By: By:

SIGNED SIGNED

PRINTED PRINTED
Company Name:

Address:

Telephone:

Fax:

Email:

1. APPROVED AS TO FORM
Office of the County Counsel

3. APPROVED AS TO INSURANCE
Risk Management
DISTRIBUTION:
• Board of Supervisors
• Auditor-Controller-Treasurer-Tax Collector
• Risk Management
• Contractor
Coastal Coordination Program
6947 Cliff Ave.

Bodega Bay, CA 94923-8802
waterway@ monitor.net
(707)696-1363
Docusign Envelope ID: A913E7A5-0EF0-4CDE-B1B0-699B6EA3BE39 7/29/2025
7/29/2025
7/29/2025
Richard Charter Caitlin Smith
7/30/2025

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Attachment A
Scope of Services
General Requirements
The following scope of work is intended to cover the range of tasks the Contractor will complete in performing the functions of the Local Government Outer Continental Shelf Program (OCS Program). The purpose of the OCS Program is to coordinate anti-offshore drilling efforts among local communities in California.

The OCS Program will be operated by contractor Richard Charter (Coordinator) at a rate of $100 per hour with a not-to-exceed contract amount of $29,000. Funding from Measure K for District 3 allocated in the fiscal year 2024-25 budget will be used for funding this contract.

The OCS Program Coordinator will provide guidance and technical assistance to the County of Santa Cruz and other interested California local governments, to NGO non-profit conservation organizations, and to other coastal stakeholders in the interest of ensuring appropriate and timely responses for pending federal offshore oil and gas leasing proposals and seabed mining initiatives. Work products will include researching and preparing comments for public input opportunities by the U.S. Department of Interior, appearances at relevant public hearings, as well as encouraging favorable outcomes for related policy decisions by the California State Legislature and the U.S. Congress. The Local Government OCS Coordination Program will produce draft county comment documents while ensuring positive coordination of Santa Cruz County responses with those of the California Coastal Commission, the California Ocean Protection Council, California Fish and Wildlife, and the Governor and State Attorney General. The outcomes of this work will involve, to the degree feasible, protection of the California coast and coastal waters, the Pacific Coast National Marine Sanctuaries, and our State Marine Protected Areas from adverse impacts resulting from polluting industrial activities, including offshore oil drilling and subsea mining.

Specific Work Program
Specifically, the OCS Program Coordinator will carry out the following tasks:

WORK ELEMENT 1: Local Information Program
This is the central work element of the project and will provide local agencies with the information they need to participate in the pre-lease planning process in a timely and appropriate manner.

1.1 The Coordinator with assistance from local agency staff will review all federal documents and attend meetings relevant to the pre-lease planning process, will identify all information which provides an opportunity for local input, and will summarize this information for distribution to involved local agencies.

1.2 The Coordinator will prepare and distribute to participating local agencies on a monthly basis an action memo including information on local opportunities for input, time deadlines, and relevant technical materials. The memos will specifically indicate possible actions for local agencies to take and identify resources available to them -- this will include the need for written materials as well as participation at public hearings and meetings.

1.3 Approximately three weeks prior to a federal deadline for local input, the Coordinator will contact the relevant local agencies to monitor their progress in preparing a response. If necessary, possible resources will be suggested to the agencies and, where problems exist, more frequent contacts will occur to encourage participation. The Coordinator will work through the contact person identified by each participating agency.

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1.4 With the passage of each identified time deadline, the Coordinator will contact the appropriate federal agency and determine what local input has been received. If necessary, attempts to resolve any local difficulties in submitting materials will be made.

1.5 The Coordinator will receive a copy of all written information submitted by local agencies and distribute copies to other local agencies where appropriate.

1.6 The Coordinator, on an ongoing basis, will track the activities of the State Office of the Secretary of Environmental Affairs, the Coastal Commission, regional agencies working on pre-lease planning and relevant technical advisory groups to determine the status of their activities and, where necessary, seek their assistance. Where appropriate, information from these contacts will be included in the monthly action memos. In preparing the monthly action memos and following up with local agencies, the Coordinator will seek the assistance of local and regional agencies with specialized expertise of relevance.

1.7 The Coordinator will meet regularly with local agency technical staff, contact staff and governing body members to encourage and assist participation in the project.

1.8 The Coordinator will keep a written record of all opportunities for local input and the degree of participation which occurred. This will be provided to his supervisors and included in a final project report.

1.9 The Coordinator will prepare a final project report.

Deliverables for Work Element 1
• Monthly action memos, to include summaries of opportunities for local input. • Final project report.

WORK ELEMENT 2: Local Citizen Participation

2.1 The Coordinator will provide information upon request to citizen action groups concerned with the pre-lease planning process regarding opportunities for participation.

2.2 The Coordinator will encourage local agencies to coordinate their participation activities with citizen action groups in their area to ensure a coordinated response.

2.3 The Coordinator will meet with local officials and staff, and citizen action groups on an as needed basis to encourage their coordination.

2.4 Where feasible, the Coordinator will provide assistance to citizen action groups in their effort to participate in the pre-lease planning process in coordination with local agencies.

2.5 The Coordinator will include activities carried out with citizen groups in the final report.

Deliverables for Work Element 2
• Final report to summarize activities of citizen action groups.

WORK ELEMENT 3: Expand Local Agency Participation

3.1 The Coordinator, with the assistance of local agencies already participating, will inform all local agencies potentially affected by pre-lease planning of the existence of the Project and encourage them to join.

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3.2 The Coordinator will provide local agencies which express interest in participating in the project background material and draft resolutions for joining.

3.3 The Coordinator will send monthly action memos to local agencies which are not participating in the project where it appears that the information is particularly relevant to them.

3.4 The Coordinator will share information developed by local agencies as input into the pre-lease planning process with non-participating local agencies when it appears to be of direct relevance to them.

3.5 The Coordinator will regularly inform his/her supervisors on the status of membership in the project and progress made toward encouraging additional local agencies to participate

3.6 The Coordinator will develop and keep a library of all materials generated by local agencies, catalogued for each reference, to be made available to local agencies. Other materials of relevance to the project should also be included.

Deliverables for Work Element 3
• Final report on updated list of participating agencies and attempts to encourage additional agencies to join.
• Reference library.

WORK ELEMENT 4: Press Relations

4.1 The Coordinator shall respond to all media inquiries regarding the OCS leasing issue, local government responses, and the nature of regional OCS impacts. Background materials explaining the pre-lease planning process, the nature of local concerns, and the status of leasing proposals shall be provided to medial contacts as requested.

4.2 The Coordinator shall, on request, provide media liaison services to participating local agencies.

These media liaison services shall include setting up press conferences, providing media advisories to call attention to these press conferences, and follow-up press calls before and after the event. The Coordinator shall provide taped interviews with radio stations on request when news stories are breaking, which require a local response. These media services shall be provided on the west coast and in Washington, D.C. as necessary.

4.3 The Coordinator shall appear, on request, on television and radio programs and news taping sessions to explain local concerns, the pre-lease planning process, and the status of OCS leasing proposals.

The Coordinator shall, where relevant, arrange for local elected officials to make such television and radio appearances.

4.4 The Coordinator shall track ongoing and breaking news stories utilizing computerized wire services, press clipping services, and subscriptions to trade publications. Materials gathered through these press tracking efforts will be utilized in developing action memos.

Deliverables for Work Element 4
• Newspaper background information direct quotes utilized in news articles. • Televised interviews, news broadcasts, and radio news interviews. • Relevant press clippings utilized in action memos.

WORK ELEMENT 5: Legislative Coordination and Intergovernmental Relations.

5.1 The Coordinator shall, as necessary, contact Congressional offices to determine the status of various legislative proposals.

Docusign Envelope ID: A913E7A5-0EF0-4CDE-B1B0-699B6EA3BE39

15.23

5.2 The Coordinator shall, as requested by Congressional offices, assist in the drafting of legislation and Congressional responses to federal OCS leasing overtures.

5.3 The Coordinator shall, as requested by Congressional offices or local agencies, travel to Washington, D.C. to provide staff support to Congressional offices engaged in legislative efforts or responses to leasing overtures.

5.4 The Coordinator shall, as necessary, inform local agencies of the need for direct participation by local officials in Washington, D.C. hearings and other legislative matters. The Coordinator shall make appointments, arrange for hearing testimony opportunities, and provide staff support to local officials while in Washington, D.C.

5.5 The Coordinator shall, upon request, provide written testimony and briefing papers for local officials conducting legislative activities in Washington, D.C.

5.6 The Coordinator shall track relevant legislation in the state legislature.

5.7 The Coordinator shall provide local officials with notification of opportunities to present testimony to the state legislature and assist in preparing testimony where necessary.

Deliverables for Work Element 5
• Direct participation by local elected officials in Congressional activities. • Direct participation by local elected officials in activities of the state legislature. • Local agency assistance to Congressional offices and members of the state legislature. • Testimony for local officials as necessary.

WORK ELEMENT 6: Ocean Mining Component

6.1 The Coordinator shall track activities of the Department of Interior Critical and Strategic Minerals Leasing Program.

6.2 The Coordinator shall include opportunities for local agency involvement in the pre-1 ease planning process for hard minerals leasing in action memos sent to local agencies as necessary.

6.3 The Coordinator shall attend, as needed, meetings of the Gorda Ridge Technical Working Group and other hard minerals leasing meetings.

6.4 The Coordinator shall ensure local agency participation in comment periods relevant to hard minerals leasing proposals.

Deliverables for Work Element 6
• Local agency participation in hard minerals pre-lease planning process.

Docusign Envelope ID: A913E7A5-0EF0-4CDE-B1B0-699B6EA3BE39

15.24

Attachment B
Terms of Payment

1. The OCS Program Coordinator will be paid at a rate of $100 per hour for a total not to exceed $29,000.

2. Coordinator may request payment for services on a monthly basis with invoices that identify:
• Work element tasks identification
• Description of work completed and timeframe
• Hours worked per task
• Deliverables provided (if any)
• Total of hours and cost
EXAMPLE:

Task 1.3 Phone calls and emails with representatives from Cities of Santa Cruz, Monterey 1.5 hrs and San Luis Obispo for response coordination (August 12 and 13) Task 2.3 Met with Citizen Action Groups from Cities of Santa Cruz, Monterey 3.0 hrs and San Luis Obispo (August 20, 21, 25)
Task 4.1 DELIVERABLE: Draft press release and disseminate to media outlets (Sept. 20) 0.5 hrs TOTAL 5.0 hrs.

Payment Due (hours x $100 per hour) $500.00

3. County will review and issue payment within 30 days of receipt and approval of invoices. County may request corrections and/or additional documentation of work rendered, if needed.

Docusign Envelope ID: A913E7A5-0EF0-4CDE-B1B0-699B6EA3BE39

15.25

Attachment C
Additional Terms

1. COUNTY shall waive the Workers’ Compensation and Cyber Liability Insurance requirements.

COUNTY will reduce the Commercial General Liability requirement to $1,000,000 per occurrence and $2,000,000 in the aggregate. COUNTY will reduce the Automobile Liability Insurance requirements to $250,000 per individual $500,000 per occurrence, and $100,000 for property damage.

Docusign Envelope ID: A913E7A5-0EF0-4CDE-B1B0-699B6EA3BE39

15.26 Certificate Of Completion
Envelope Id: A913E7A5-0EF0-4CDE-B1B0-699B6EA3BE39 Status: Completed Subject: Complete with Docusign: Standard Services Contract - Richard Charter_Final.pdf Source Envelope:

Document Pages: 17 Signatures: 4 Envelope Originator:

Certificate Pages: 5 Initials: 0 Caitlin Smith
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
701 Ocean Street
Santa Cruz, CA 95060
[email protected]
IP Address: 63.194.190.100
Record Tracking
Status: Original
7/29/2025 9:16:18 AM
Holder: Caitlin Smith
[email protected]
Location: DocuSign
Security Appliance Status: Connected Pool: FedRamp
Storage Appliance Status: Connected Pool: County of Santa Cruz Location: Docusign Signer Events Signature Timestamp
Ruby Marquez
[email protected]
Santa Cruz County Counsel's Office
Security Level: Email, Account Authentication
(None) Signature Adoption: Pre-selected Style
Using IP Address: 63.194.190.100
Sent: 7/29/2025 9:19:08 AM
Viewed: 7/29/2025 11:43:46 AM
Signed: 7/29/2025 11:45:45 AM
Electronic Record and Signature Disclosure:

Accepted: 3/25/2025 1:02:02 PM
ID: fb88eb14-13ef-451e-ba60-ef5406b9266a
Gina Occhipinti Borasi
[email protected]
Risk Manager
County of Santa Cruz
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 73.170.243.111
Sent: 7/29/2025 11:45:46 AM
Viewed: 7/29/2025 8:09:45 PM
Signed: 7/29/2025 8:10:52 PM
Electronic Record and Signature Disclosure:

Accepted: 12/18/2023 9:38:58 AM
ID: 5f1392e5-7eb7-47e8-b6a6-baa8d5c3b8c6
Richard Charter
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address:
2605:59c0:20ab:3d10:f1b3:21f9:709d:4c31
Signed using mobile
Sent: 7/29/2025 8:10:54 PM
Viewed: 7/29/2025 8:55:39 PM
Signed: 7/29/2025 9:03:39 PM
Electronic Record and Signature Disclosure:

Accepted: 7/29/2025 8:55:39 PM
ID: dea0f5c0-77cb-47e2-99e2-0e374153d4ab
Caitlin Smith
[email protected]
County Supervisors' Analyst
County of Santa Cruz
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 24.23.255.225
Signed using mobile
Sent: 7/29/2025 9:03:40 PM
Viewed: 7/30/2025 7:59:04 AM
Signed: 7/30/2025 7:59:16 AM
Electronic Record and Signature Disclosure:

15.27 Signer Events Signature Timestamp
Accepted: 3/29/2022 3:52:06 PM
ID: 497b7309-3ffc-4c6b-860b-e9dbc9ea9bd0
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 7/29/2025 9:19:08 AM
Certified Delivered Security Checked 7/30/2025 7:59:04 AM Signing Complete Security Checked 7/30/2025 7:59:16 AM
Completed Security Checked 7/30/2025 7:59:16 AM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure

15.28 ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, County of Santa Cruz (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement by selecting the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system.

Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after the signing session and, if you elect to create a DocuSign account, you may access the documents for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per-page fee. You may request delivery of such paper copies from us by following the procedure described below.

Withdrawing your consent
If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below.

Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us.

All notices and disclosures will be sent to you electronically Electronic Record and Signature Disclosure created on: 2/28/2022 5:23:37 PM Parties agreed to: Ruby Marquez, Gina Occhipinti Borasi, Richard Charter, Caitlin Smith

15.29 Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us.

How to contact County of Santa Cruz:

You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows:

To contact us by email send messages to: [email protected] To advise County of Santa Cruz of your new email address To let us know of a change in your email address where we should send notices and disclosures electronically to you, you must send an email message to us at [email protected] and in the body of such request you must state: your previous email address, your new email address. We do not require any other information from you to change your email address.

If you created a DocuSign account, you may update it with your new email address through your account preferences.

To request paper copies from County of Santa Cruz
To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an email to [email protected] and in the body of such request you must state your email address, full name, mailing address, and telephone number. We will bill you for any fees at that time, if any.

To withdraw your consent with County of Santa Cruz
To inform us that you no longer wish to receive future notices and disclosures in electronic format you may:

15.30 i. decline to sign a document from within your signing session, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may; ii. send us an email to [email protected] and in the body of such request you must state your email, full name, mailing address, and telephone number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process..

Required hardware and software
The minimum system requirements for using the DocuSign system may change over time. The current system requirements are found here: https://support.docusign.com/guides/signer-guidesigning-system-requirements.

Acknowledging your access and consent to receive and sign documents electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please confirm that you have read this ERSD, and (i) that you are able to print on paper or electronically save this ERSD for your future reference and access; or (ii) that you are able to email this ERSD to an email address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format as described herein, then select the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system.

By selecting the check-box next to ‘I agree to use electronic records and signatures’, you confirm that:
 You can access and read this Electronic Record and Signature Disclosure; and  You can print on paper this Electronic Record and Signature Disclosure, or save or send this Electronic Record and Disclosure to a location where you can print it, for future reference and access; and
 Until or unless you notify County of Santa Cruz as described above, you consent to receive exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by County of Santa Cruz during the course of your relationship with County of Santa Cruz.

15.31 City of Santa Cruz Professional Services Agreement for

SANTA CRUZ COUNTY COASTAL PROTECTION EFFORT
November 2025 (Form Rev.06/25) Page 1
Professional Services Agreement With

SAVE OUR SHORES
For SANTA CRUZ COUNTY COASTAL PROTECTION EFFORT
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) for professional services is made by and between the City of Santa Cruz (“City”) and Save Our Shores (“SOS”) (“Consultant”) (each is referred to individually as a “Party” and collectively, as the “Parties”) as of _______________ (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 Michelle Templeton, Director of the City Manager’s Office, 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

15.32 City of Santa Cruz Professional Services Agreement for

SANTA CRUZ COUNTY COASTAL PROTECTION EFFORT
November 2025 (Form Rev.06/25) Page 2
City will be the sole judge of acceptable work, provided that such approval will not be unreasonably withheld or delayed. If the work is not acceptable, City will inform Consultant of the changes or revisions necessary to secure 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.

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 $25,000 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. The total fees and costs of Consultant’s services shall not exceed the amount described in the Fee Schedule.

SECTION 6: CHANGES IN WORK
City may negotiate changes 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.

15.33 City of Santa Cruz Professional Services Agreement for

SANTA CRUZ COUNTY COASTAL PROTECTION EFFORT
November 2025 (Form Rev.06/25) Page 3
SECTION 7: TERM AND SCHEDULE
The term of this Agreement shall be for 11 months and commence on the effective date of this Agreement and terminate on September 29, 2026.

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

15.34 City of Santa Cruz Professional Services Agreement for

SANTA CRUZ COUNTY COASTAL PROTECTION EFFORT
November 2025 (Form Rev.06/25) 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.

15.35 City of Santa Cruz Professional Services Agreement for

SANTA CRUZ COUNTY COASTAL PROTECTION EFFORT
November 2025 (Form Rev.06/25) 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

15.36 City of Santa Cruz Professional Services Agreement for

SANTA CRUZ COUNTY COASTAL PROTECTION EFFORT
November 2025 (Form Rev.06/25) 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

15.37 City of Santa Cruz Professional Services Agreement for

SANTA CRUZ COUNTY COASTAL PROTECTION EFFORT
November 2025 (Form Rev.06/25) 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

15.38 City of Santa Cruz Professional Services Agreement for

SANTA CRUZ COUNTY COASTAL PROTECTION EFFORT
November 2025 (Form Rev.06/25) Page 8
(3) years from: the date of the final City payment for Consultant's services, or from the date of final disposition of real property or equipment acquired with federal funds, or date of the termination of this Agreement, whichever is later. If Consultant engages a subcontractor to perform work related to this Agreement with a cost of $10,000 or more over a 12-month period, such subcontract shall contain these same requirements. This provision shall survive the termination of this Agreement.

12. California Public Records Act. City is a public agency subject to the disclosure requirements of the California Public Records Act (“CPRA”). If Consultant’s proprietary information is contained in documents or information submitted to City, and Consultant claims that such information falls within one or more CPRA exemptions, Consultant must clearly mark such information “Confidential and Proprietary,” and identify the specific lines containing the information. In the event of a request for such information, City will make best efforts to provide notice to Consultant prior to such disclosure. If Consultant contends that any documents are exempt from the CPRA and wishes to prevent disclosure, it is required to obtain a protective order, injunctive relief, or other appropriate remedy from a court of law in Santa Cruz County before the City is required to respond to the CPRA request. If Consultant fails to obtain such remedy within the time the City is required to respond to the CPRA request, City may disclose the requested information without any liability. Consultant further agrees that it shall defend, indemnify and hold City harmless against any claim, action or litigation (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.)

15.39 City of Santa Cruz Professional Services Agreement for

SANTA CRUZ COUNTY COASTAL PROTECTION EFFORT
November 2025 (Form Rev.06/25) Page 9
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 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

15.40 City of Santa Cruz Professional Services Agreement for

SANTA CRUZ COUNTY COASTAL PROTECTION EFFORT
November 2025 (Form Rev.06/25) Page 10
between representatives with decision-making power, who, to the extent possible, shall not have had substantive involvement in the matters of the dispute. To the extent that the dispute involves or relates to a public works project, the Parties agree to attempt to resolve the dispute by complying with the claims process as set forth in Public Contract Code sections 9204(e), 20104-20104.6, but without waiving the requirements of the California Tort Claims Act, Gov’t Code section 800 et seq. unless otherwise agreed to by the Parties.

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

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

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

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

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

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

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

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:

15.41 City of Santa Cruz Professional Services Agreement for

SANTA CRUZ COUNTY COASTAL PROTECTION EFFORT
November 2025 (Form Rev.06/25) Page 11
To CITY:

City Manager’s Office
Dr. Tiffany Wise-West
809 Center Street, Rm 9/10
[email protected]
To CONSULTANT:

Save Our Shores
Katie Thompson
345 Lake Avenue, Suite A
Santa Cruz, CA 94118
(831) 462-5660 ext. 8
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]

15.42 City of Santa Cruz Professional Services Agreement for

SANTA CRUZ COUNTY COASTAL PROTECTION EFFORT
November 2025 (Form Rev.06/25) Page 12
Approved As To Form:

By: _____________________________ Date: __________________ Office of the City Attorney

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

CONSULTANT
By: _____________________________ Date: __________________ Printed: ___________________________ Title: __________________ By: _____________________________ Date: __________________ Printed: ___________________________ Title: __________________ Signature Requirements for Business Entity:
a. Corporation – 2 officer signatures required (one from each group, unless person signing holds officer positions in both Group 1 and 2):

Group 1: Chief Executive Officer, Chairman of the Board, President, or Vice President Group 2: Secretary, Assistant Secretary, Chief Financial Officer, Treasurer, Assistant Treasurer b. Partnership - Signature of General Partner, or signature of partner who is authorized to execute documents per the Certificate of Partnership. If authorized partner is a corporation, follow Corporation signature requirement. c. LLC- For a member-managed LLC, signature of any member. For a manager-managed LLC, signature of the manager. If the LLC has corporate officer designations, follow Corporation signature requirement. 10/24/25
10/29/25
Katie Thompson Executive Director

15.43 City of Santa Cruz Professional Services Agreement for

SANTA CRUZ COUNTY COASTAL PROTECTION EFFORT
November 2025 (Form Rev.06/25) Page 13
EXHIBIT A: SCOPE OF WORK
TASK 1: Policy & Legal Review
• Conduct a detailed review of current Santa Cruz County and Santa Cruz, Watsonville and Capitola City ordinances governing onshore oil and gas facilities.
• Identify gaps, especially around seabed mining, findings and definitions, and inclusion of relevant federal and state regulations.
• Assess the applicability of ordinances like Marin County and Sonoma County, that have more recently been updated and could serve as model ordinances.
• Review the current applicability of legal issues pertaining to interstate commerce and ripeness that were raised in WOGA vs. Sonoma County, et al. and subsequent federal court rulings.

TASK 2: Draft Updates & Proposals
• Draft proposed updates to the Santa Cruz County and City, and Watsonville and Capitola ordinances, which could be approved outright or be placed on local ballots for voter consideration in June or November of 2026, integrating lessons from past legal challenges, modern regulations, and the emerging issue of seabed mining.
• Prepare documentation for submission to leaders in the Cities and the County.

TASK 3: Stakeholder Engagement
• Engage local elected officials, city/county staff, and community stakeholders to gather input and build support.
• Convene expert legal and environmental advisors to strengthen ordinance language and legal defensibility.

TASK 4: Outreach & Communications
• Develop and present a PowerPoint on the updated ordinance strategy, for presentation at government meetings, and stakeholder events.
• Launch a public education campaign on the importance of ordinance updates, including those pertaining to seabed mining, in the context of current threats.

TASK 5: Advocacy & Support
• Engage local officials and stakeholders through meetings, public comment, and coordinated outreach to advocate for ordinance adoption.
• Prepare and distribute informational materials, including ordinance language, fact sheets, and communications materials tailored to each jurisdiction and community organizations. • Mobilize community and coalition support by coordinating testimony, letters of support, and local media engagement to build public momentum and visibility.

15.44 City of Santa Cruz Professional Services Agreement for

SANTA CRUZ COUNTY COASTAL PROTECTION EFFORT
November 2025 (Form Rev.06/25) Page 14
EXHIBIT B: FEE SCHEDULE

TASK AMOUNT

1. POLICY & LEGAL REVIEW $7,500.00

2. DRAFT UPDATES &
PROPOSALS $5,000.00

3. STAKEHOLDER ENGAGEMENT $5,000.00

4. OUTREACH &
COMMUNICATIONS $3,750.00

5. ADVOCACY & SUPPORT $3,750.00
TOTAL $25,000.00

15.45 City of Santa Cruz Professional Services Agreement for

SANTA CRUZ COUNTY COASTAL PROTECTION EFFORT
November 2025 (Form Rev.06/25) Page 15
EXHIBIT C: WORK SCHEDULE
Task Timeline

1. Policy & Legal Review Dec. 1, 2025 - Jan. 30, 2026

2. Draft Updates & Proposals Feb. 1 - 28, 2026

3. Stakeholder Engagement Jan 1.- April 30, 2026

4. Outreach &
Communications
Feb. 1 - 28, 2026

5. Advocacy & Support May 1 - Aug. 31, 2026
Total Dec. 1 - Aug. 30, 2026

15.46 City of Santa Cruz Professional Services Agreement for

SANTA CRUZ COUNTY COASTAL PROTECTION EFFORT
November 2025 (Form Rev.06/25) Page 16
EXHIBIT D: INSURANCE REQUIREMENTS
Consultant shall procure and maintain insurance against claims for injuries to persons or damages to property and otherwise which may arise from or in connection with the performance of the work under this Agreement and the results of that work by Consultant, its agents, representatives, employees, or subcontractors.

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

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

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

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

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

15.47 City of Santa Cruz Professional Services Agreement for

SANTA CRUZ COUNTY COASTAL PROTECTION EFFORT
November 2025 (Form Rev.06/25) Page 17
• 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.

• 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. • 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.

15.48 City of Santa Cruz Professional Services Agreement for

SANTA CRUZ COUNTY COASTAL PROTECTION EFFORT
November 2025 (Form Rev.06/25) Page 18

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.

15.49 Brittany Inclan
From: Pauline Seales <[email protected]>
Sent: Friday, November 14, 2025 8:57 AM
To: City Council; Katie Thompson; Dan Haifley
Subject: Strong support for agenda item 15 - thanks
THANKYOU!!!
I'm writing in STRONG SUPPORT of agenda item 15 supporting opposition to offshore drilling and seabed mining.

If it remains on the consent agenda there will be no chance for public comment however rest assured the people of Santa Cruz are in strong support.

However I did not see "Public Comments" or "Open Comments" anywhere on the agenda. If this is still allowed it is helpful to know the approximate timing.

Thanks again
Pauline Seales
Approval of County of Santa Cruz Memorandum of Understanding and Save Our Shores Professional Services Agreement to Coordinate on Strengthening Opposition to Offshore Drilling and Seabed Mining (CM)
LOCATION: Citywide
Motion to:
1) Approve a Memorandum of Understanding (MOU) with the County of Santa Cruz specifying the City of Santa Cruz’ contribution in the amount of $29,000 and the activities for coordinating funding and administration of the Offshore Oil Coalition Coordination Effort (OOCCE); and
2) Authorize City Manager to execute a Professional Services Agreement with Save Our Shores in a form approved by the City Attorney in the amount of $25,000 to update and strengthen the City of Santa Cruz’s ordinances and related policies opposing offshore oil and gas development and onshore facilities for seabed mining, and to coordinate regional collaboration on coastal protection and policy consistency.

15.50 City Council

AGENDA REPORT
DATE: 10/29/2025
AGENDA OF: 11/18/2025
DEPARTMENT: City Manager
SUBJECT: Regional Interoperable Next-Generation Radio System (RING) (CM) LOCATION: Citywide
RECOMMENDATION: Motion to:
1) Authorize the City Manager to negotiate final business terms and return with the Master Service Governance Agreement (MSGA) for Council approval, consistent with the governance and cost principles described herein;
2) Designate the City Manager as the City of Santa Cruz’s voting member on the RING Executive Committee; and
3) Direct staff to validate City radio counts across departments, evaluate capital payment shaping options, and coordinate with the County to develop a Funding Plan.

BACKGROUND: The Regional Interoperable Next-Generation Radio (RING) System Initiative is a countywide partnership among the County of Santa Cruz, the four incorporated cities (Santa Cruz, Capitola, Scotts Valley, and Watsonville), University of Santa Cruz (UCSC), and Central Fire District of Santa Cruz County. The goal is to replace an aging and fragmented public-safety radio network that serves law enforcement, fire, emergency medical, public works, and field operations throughout the region.

The current system is more than 10 years beyond its expected service life. Agencies often rely on obsolete hardware, degraded coverage areas, and replacement parts purchased second-hand to keep the system running. Despite its limitations, every public safety and field operations department in the county – including the City of Santa Cruz Police, Fire, Parks and Recreation, Public Works, and Water – relied on it daily. The RING project represents the region’s first unified effort to build a modern, interoperable network that meets current emergency communication standards and provides reliable coverage for the next two decades.

The County is serving as the lead agency for procurement, financing, and vendor management.

The project team has negotiated favorable pricing and developed a governance and funding structure that allows all major jurisdictions to participate equitably without forming a separate Joint Powers Authority (JPA) at this time.

16.1 DISCUSSION: The Master Service Governance Agreement (MSGA) formalized the framework for collaboration among the six member agencies – the County of Santa Cruz, the four cities, UCSC, and Central Fire District of Santa Cruz County. It establishes a clear governance model, a cost-sharing approach, and a transparent process for operational decision-making.

Under the agreement, the RING Executive Committee will consist of six voting members, each representing one of the partner agencies. Each member will have one equal vote, ensuring that decisions are made collaboratively and fairly. Routine or non-service-level matters will require a simple majority vote of the committee, while budgets, fiscal changes, and major service-level modifications will require a supermajority of five out of six votes. This structure balances agility with accountability, allowing day-to-day matters to move efficiently while ensuring that fiscal decisions have a strong regional consensus.

RING Executive Committee
County of
Santa Cruz
City of Santa
Cruz City of Capitola City of Scotts Valley
City of
Watsonville UCSC
Subscriber
Agencies
The project’s financial model distinguishes between Capital Costs (system construction) and Operations and Maintenance (O&M) costs (ongoing management and service). Capital costs will be shared only among the six member agencies, reflecting their infrastructure ownership and governance roles. O&M costs, by contrast, will be shared among both members and “subscriber agencies” – other participating organizations such as local fire districts, Cabrillo College, Metro, and other eligible partners who rely on the system but do not hold voting seats.

To ensure equity and sustainability, the County and participating agencies are developing a subscriber connection fee contribution that would serve as a one-time buy-in from these nonmember users. This structure ensures that every user who benefits from the system contributes proportionally, while maintaining an affordable entry point for smaller agencies. This model reflects best practices used in similar California systems, including BayRICS, LA-RICS, and the Silicon Valley Regional Interoperability Authority (SVRIA).

The capital cost of the RING system, following competitive procurement and negotiated discounts, is approximately $28.7 million. The County intends to finance this amount over roughly 10 years, with debt service anticipated to begin in FY30. This timeline provides member agencies – including the City of Santa Cruz – ample time to incorporate future payments into their budget forecasts. Two payment structures are being evaluated: a “level” plan, where annual payments remain consistent over time, and a “ramped” plan, which starts with lower payments that increase as the system becomes fully operational. This flexibility allows agencies to align long-term commitments with local fiscal capacity.

16.2 Operationally, the County’s Information Services Department (ISD) will manage vendor contracts, system implementation, and ongoing maintenance, while each member agency will maintain responsibility for its local infrastructure, such as towers, land, or facilities housing system components. A detailed site responsibility matrix and license agreement will be developed to clearly delineate ownership, maintenance duties, and cost recovery by site.

For the City, this project will ensure that all public-safety and field departments – from Police and Fire to Parks and Recreation, Public Works, and Water – can operate on a dependable, highquality communication platform. In practical terms, it means improved coordination between agencies, faster mutual aid, and a unified communication network for everyday operations and regional emergencies alike.

In summary, the RING Radio System represents a major modernization effort for the City and the broader region. It replaces obsolete equipment with a single, high-reliability platform that will enhance communication across all public safety and field operations. By entering into the Master Service and Governance Agreement, the City secures equitable participation in a countywide network that will strengthen emergency response, reduce long-term maintenance costs, and improve coordination among jurisdictions. While the project will create an ongoing expenditure commitment beginning in FY30, it does not require a budget adjustment or impact the General Fund this fiscal year. Future costs will be built into departmental budgets and staff will conduct long-range financial planning to ensure smooth implementation without disrupting existing operations.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) DETERMINATION: This action does not constitute a project under the California Environmental Quality Act (CEQA) as defined in Section 15378(b)(5) of the CEQA Guidelines. Furthermore, pursuant to CEQA Guidelines Section 15061(b)(3), staff has determined with certainty that this action will not have a significant effect on the environment.

HEALTH IN ALL POLICIES (HiAP): The RING project advances multiple areas within the City’s HiAP framework, including public safety, equity, disaster preparedness, and community resilience. Reliable communication among first responders directly enhances public health and safety by reducing response times, preventing miscommunication, and improving coordination during both routine operations and regional emergencies.

The project also promotes equity by ensuring consistent emergency response capability across all communities in the county, regardless of jurisdictional boundaries. Smaller districts and agencies that might not otherwise afford advanced communication technology will gain access through a fair subscriber-fee structure, helping to eliminate disparities in emergency response coverage.

In addition, the system strengthens climate and disaster resilience, supporting coordinated responses to wildfires, floods, and other natural disasters that are increasing in frequency and severity. Clear communication under pressure prevents cascading failures during emergencies and safeguards both responders and residents.

Finally, the project contributes to economic and workforce health by reducing the long-term cost burden of maintaining multiple outdated systems, improving operational reliability, and reducing the mental and physical stress associated with unreliable communications in the field. The result is a more capable, cohesive, and resilient regional emergency network.

16.3 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 RING project’s regional capital cost of approximately $28.7 million will be financed through the County, with each member agency contributing based on its proportion of active radio units. The City currently accounts for approximately 13% of the member radio network, resulting in a preliminary capital share of $2.5 to $2.9 million over the 10 year financing term. The preliminary estimates for the City’s annual O&M costs are $100,000 to $130,000 per year, depending on final radio device counts and vendor service levels.

RING Executive Committee
County of
Santa Cruz
City of Santa
Cruz City of Capitola City of Scotts Valley
City of
Watsonville UCSC
Subscriber
Agencies
Final costs will depend on a combination of the verified number of radios assigned to City departments, the selected payment structure (level or ramped), and any revenue offsets from subscriber connection fees or dispatch-related grants. The County will handle financing directly and issue quarterly intergovernmental invoices to member agencies for their respective shares.

No immediate fiscal impact is anticipated in the current fiscal year. Debt service and O&M contributions will not begin until the system transitions into its operational phase, currently projected for FY30. The City will validate radio counts and work with department heads to confirm cost allocations and funding sources. Water and enterprise divisions are expected to recover their costs through the enterprise fund, while other departments, such as Parks and Recreation, Police, Fire, and Public Works, will fund participation through departmental operating budgets.

Staff will return to Council with a detailed fiscal exhibit once final counts and financing options are confirmed. This approach ensures the Council has full visibility into timing, department-level allocations, and options for phased or shared cost recovery.

Prepared By:

Emeline Nguyen
Principal Management
Analyst
Submitted By:

Michelle Templeton
Assistant City Manager
Approved By:

Matt Huffaker
City Manager

16.4 ATTACHMENTS:

1. RING RADIO SYSTEM MASTER SERVICE GOVERNANCE AGREEMENT.DOCX

2. 10-YEAR COST ALLOCATION ESTIMATE.PDF

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Santa Cruz
Regional Interoperable Next Generation (RING)
Radio System

MASTER SERVICE AND GOVERNANCE AGREEMENT
This Master Service and Governance Agreement ("Agreement") for establishing a Regional Interoperable Next Generation (RING) Radio System is made and entered into as of the date of last signature by and between the County of Santa Cruz, City of Santa Cruz, City of Watsonville, City of Capitola, City of Scotts Valley, and University of California, Santa Cruz (“Member Agency” and collectively “Member Agencies”). The Member Agencies are each a “Party” to this Agreement and are collectively the “Parties” to this Agreement.

RECITALS
WHEREAS, the Member Agencies have a mutual interest in maintaining a comprehensive, interoperable public safety communication system to serve the needs of fire, law enforcement, emergency medical services, education, and other public safety and municipal functions, within Santa Cruz County; and
WHEREAS, the Member Agencies desire to collaborate under this Agreement where each Member Agency retains ownership of its respective Owned Assets (including radio sites, towers, frequencies, and infrastructure) within the RING Radio System; and WHEREAS, this Agreement will provide clear terms governing asset ownership, system governance and oversite, financial contributions, operational responsibilities, and capital investments while allowing for the RING governance structure to evolve as the system grows; and
WHEREAS, the Member Agencies desire to work in partnership to provide direction and participate in the decision-making process on items such as operations, budget, capital improvements, strategy, and vision as they pertain to the RING Radio System.

NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:

1. DEFINITIONS
Annual Funding Plan: The strategy developed by the Executive Committee that outlines how the RING Radio System will secure the financial resources needed to achieve its goals, including identifying funding sources, amounts, and timing.

Capital Costs: Costs related to capital improvements and acquisitions of capital assets, including hardware and software upgrades, infrastructure enhancements, capital reserves, or other shared infrastructure enhancements as prescribed by the RING Radio System scope of work or other capital improvements approved by the Executive Committee.

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Capital Fee: A fee charged to Member Agencies to recover costs of capital improvements and acquisitions of capital assets, including hardware and software upgrades, infrastructure enhancements, capital reserves, or other shared infrastructure enhancements as prescribed by the RING Technical and Operational Standards or other capital improvements approved by the Executive Committee.

Executive Committee: The governing body of the RING Radio System composed of one appointed executive or designee from each Member Agency, as specified in Attachment A. The Executive Committee provides strategic oversight, recommends budgets and Capital and Operational Fees, and makes policy and financial recommendations concerning the operation, management, and capital planning of the RING Radio System. The Executive Committee is an advisory commission to the County of Santa Cruz Board of Supervisors.

Member Agency: A public agency, organization, or other authorized entity who is utilizing the RING Radio System that is a Party to this Agreement.

New Member Buy-in: The proportional buy-in amount to support funding of Capital Costs paid by a new member that joins after this Agreement is executed.

Operational Fee: A fee charged on a recurring basis at intervals established by the Executive Committee to User Agencies covering their respective portion of the costs associated with the ongoing operations and maintenance (O&M) of the RING Radio System. The Operational Fee will cover costs related to the daily operations, maintenance, and basic system updates for the RING Radio System, including County Radio Shop labor required to support and provide basic maintenance; external vendor costs; operating reserves; administrative costs; and other related services and supplies.

Outstanding Debt: Shall include all remaining principal balances on bonds or other capital financing instruments related to the RING Radio System capital program but shall not include lease obligations or operational financing.

Owned Assets: The infrastructure held by each Member Agency including, but not limited to, radio sites, towers, frequencies, shelters/structures, generators, cabling, and power supplies.

Use of Member Agency Owned Assets by the RING Radio System is subject to separate license agreements between the County and each Member Agency.

Present Value [of the RING Radio System]: Shall be determined by the County Information Services Department (ISD) at the time a Subscriber Agency formally indicates interest in connecting to the RING Radio System. The valuation shall use a straight-line depreciation method applied to the total original capital investment of the RING Radio System.

Regional User Group (RUG): An advisory body composed of operational representatives from each Member and Subscriber Agency, as specified in Attachment A. The RUG provides input on day-to-day operations, system performance, and user needs to ensure all stakeholders have a voice in the management of the RING Radio System.

RING P25 Upgrade Project (“Project”): A major capital project that upgrades the current radio system to a next-generation trunked P25 regional radio system. The Project includes upgrades to the backhaul system, land-mobile radio infrastructure, dispatch consoles, project management, and associated soft costs and warranties.

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RING Radio System: The Santa Cruz County Regional Interoperable Next Generation (RING) Radio System including all associated infrastructure, equipment, and services necessary for public safety, education, and other municipal operational radio communication.

RING Technical and Operational Standards: The technical and operational standards of the RING Radio System are contained within Attachment B: Santa Cruz County RFP Next Generation Public Safety Radio System and Attachment C: EF Johnson (JVC Kenwood) Response to Santa Cruz County, California RFP #23P-003 dated September 17, 2024.

Subscriber Agency: A public agency, organization, or other authorized entity who is utilizing the RING Radio System but is not a Member Agency under this Agreement. Admission of Subscriber Agencies is determined by the Executive Committee and governed by a separate agreement.

Subscriber Connection Contribution: A one-time charge to all Subscriber Agencies (nonMember Agencies) at the time they join the RING System. The Subscriber Connection Contribution represents the Subscriber Agency’s proportional contribution toward the Capital Costs of the RING Radio System.

Technical Advisory Group (TAG): An advisory body composed of technical and operational representatives, as specified in Attachment A. The TAG provides recommendations to the Executive Committee on technical standards, maintenance, upgrades, cybersecurity, and system performance to ensure the RING Radio System remains interoperable, resilient, and compliant with applicable regulations.

Total User Equipment Count: The total number of User Equipment devices, as of July 1st of each year, from all User Agencies. The Total User Equipment Count will be used in the TrueUp Process.

True-Up Process: An annual process to reconcile the number of User Equipment devices each User Agency has registered with the RING Radio System. The True-Up Process determines the actual number of User Equipment devices actively using the RING Radio System, which is then used to adjust the Capital and Operational fees for the following fiscal year.

User Agency: all agencies including Member Agencies and Subscriber Agencies that own devices actively using the RING Radio System.

User Equipment: All equipment owned by either Member Agencies or Subscriber Agencies including portable, mobile, pagers, fixed radio devices, dispatch consoles and any associated equipment, intended to operate on the RING System. Each Member or Subscriber Agency is responsible for the procurement, installation, replacement, and insurance of its User Equipment, ensuring it meets the RING Radio System’s technical and operational standards.

2. PARTICIPATION AND OBLIGATIONS

2.1 Participation: Each Member Agency agrees to participate in the RING Radio System under this Agreement and retain ownership of its Owned Assets unless such participation is terminated in accordance with Section 5 below. Use of Member Agency

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Owned Assets by the RING Radio System is subject to separate license agreements between the County and each Member Agency.

2.2 New Member or Subscriber Admission: Eligible public agencies may apply to become Member or Subscriber Agencies. Admission requires (a) execution of the appropriate agreement (MSGA for Members or a Subscriber Agreement for Subscribers), (b) payment of a New Member Buy-In or Subscriber Connection Contribution as determined by the Executive Committee, (c) recommendation for approval by the Executive Committee, and (d) approval by the County of Santa Cruz Board of Supervisors. New Member or Subscriber Agencies shall assume a proportionate share of obligations (both capital and operational) as determined by the Executive Committee.

2.3 Obligations of the County:

2.3.1 The County, on behalf of the Member Agencies participating in this Agreement, via the County Information Services Department (ISD) Radio Shop Division will operate, maintain, and manage the RING Radio System, including all radio sites, transmission equipment, and related infrastructure, including any third-party vendor contracts.

2.3.2 The County will maintain, program, repair, and service User Equipment that is connected to the RING Radio System. The replacement, purchase, and installation of User Equipment is the responsibility of each respective User Agency.

2.3.3 The County will provide administrative support for the RING committees and prepare annual operating and capital budgets for review and recommendation by the RING Executive Committee.

2.3.4 The County will conduct the project management for the RING P25 Upgrade Project including procurement, installation, testing, and deployment using the funds collected through the Capital Fee to support said project.

2.3.5 Any contract or procurement by the County exceeding $100,000 or materially impacting Member Agency financial obligations shall be subject to prior review and approval by the Executive Committee.

2.4 Obligations of Member Agencies:

2.4.1 Each Member Agency shall maintain ownership and control of its Owned Assets and contribute them to the RING Radio System’s operations as defined by a separate license agreement between the County and the Member Agency.

2.4.2 Member Agencies will participate in the decision-making process through the Executive Committee and advisory bodies established under this Agreement.

2.5 Obligations of User Agencies:

2.5.1 Each User Agency shall comply with the operational standards and protocols created by the RUG and TAG and approved by the Executive Committee for the RING Radio System.

2.5.2 Each User Agency shall be responsible for payment of the Operational Fee and Capital Fee as described herein.

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2.5.3 Each User Agency will be responsible for replacing its own User Equipment and ensuring it meets the RING Radio System’s technical and operational standards.

2.5.4 User Agencies may endeavor to seek grant opportunities and other external funding to support the RING Radio System and proportionately offset the User Agencies’ costs.

3. GOVERNANCE

3.1 Consideration of a Joint Powers Agreement (JPA): All Parties agree to discuss and negotiate the possibility of a JPA in the future, subsequent to the execution of this agreement.

3.2 RING Executive Committee: The Executive Committee, as defined in Section 1, is established as the governing body of the RING Radio System. The Executive Committee shall consist of executives or designees from each Member Agency and will provide policy direction, budgetary recommendations, and governance oversight.

3.2.1 RING Executive Committee Roles and Responsibilities: The Executive Committee will have an oversite role, consulting and advising the County on matters such as operational issues, capital improvements, and budgetary concerns. The Executive Committee will not have direct involvement in day-today operations. A full account of roles, duties, and responsibilities is outlined in Attachment A of this Agreement.

3.3 Regional User Group (RING RUG): An advisory group as defined in Section 1 and Attachment A, will meet at least quarterly to provide input on the operational aspects of the RING Radio System.

3.4 RING Technical Advisory Group (RING TAG): An advisory group, as defined in Section 1, will provide recommendations to the Executive Committee regarding O&M standards, protocols, and upgrades, which at a minimum shall include:

3.4.1 Identification of minimum technical standards for the RING Radio System equipment and User Equipment.

3.4.2 Identification of protocols for the modification of “talk group” assignments and their usage.

3.4.3 Identification of minimum periodic maintenance standards and schedules for RING Radio System equipment.

3.4.4 Identification of problem reporting and resolution practices for RING Radio System equipment.

3.4.5 Identification of security standards, policies, and procedures. A full account of roles, duties, and responsibilities of the RING TAG is outlined in Attachment A of this Agreement.

4. BUDGET, FEES AND COST ALLOCATION

4.1 Annual Budget Process: The County Chief Information Officer (CIO), in consultation with the RING TAG, RING RUG, and Executive Committee, will develop a draft budget for the upcoming fiscal year and will present to the Executive Committee by January 31st each year with final review and recommendation by March 31st to the County Board of Supervisors for final adoption.

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4.1.1 County Budget: The County agrees to include funding in its annual budget consistent with the budget recommended by the Executive Committee.

4.2 Operational Fee: Operational Fees, as defined in Section 1, will be calculated annually based on the O&M budget recommended by the Executive Committee divided by the Total User Equipment Count. This calculation will set the per device charge which is then multiplied by each User Agency’s User Equipment Count to determine the Operational Fee.

4.3 Capital Fee: Capital Fees, as defined in Section 1, will be calculated annually based on the Capital Costs budget recommended by the Executive Committee minus applicable Subscriber Connection Contributions as described below, divided by the combined User Equipment Counts of all Member Agencies. This calculation sets the per device charge which is then multiplied by each Member Agency’s User Equipment Count to determine the Capital Fee.

4.4 Subscriber Connection Contribution: A Subscriber Connection Contribution, as defined in Section 1, shall be assessed as a one-time charge to all Subscriber Agencies (non-Member Agencies) at the time they join the RING Radio System. The Subscriber Connection Contribution is the Subscriber Agency’s proportional contribution toward the existing capital investment of the RING Radio System.

4.4.1 Revenue generated from Subscriber Connection Contributions shall be applied directly toward the reduction of Capital Costs in the following fiscal year’s Capital Fee calculation.

4.5 Member Agency Special Assessments: If unforeseen Capital Costs arise that are not covered by the existing budget, the Executive Committee, with input from the RING TAG, RING RUG, and County ISD, may propose a special assessment for each Member Agency to cover these expenses and will be distributed across the Member Agencies based on the standard cost allocation formula. Special assessments shall require an affirmative two-thirds (2/3) vote of the Executive Committee before recommendation to the County of Santa Cruz Board of Supervisors.

4.6 Cost Allocation and Annual Funding Plan: The Executive Committee shall develop and recommend to the County Board of Supervisors an Annual Funding Plan, as defined in Section 1, that defines cost-sharing formulas for Operational and Capital fees. Once adopted, any subsequent change that increases a Member Agency’s financial obligation by more than 10% shall require a unanimous vote of the Executive Committee and approval by the County of Santa Cruz Board of Supervisors.

4.6.1 The Operations and Capital Fees will be calculated annually based on the approved operational and capital budgets, minus any additional funding (grants, Subscriber Connection Contributions, etc.) distributed proportionally by determining the Total User Equipment Count within the RING Radio System.

4.6.2 A “true-up” process will occur annually to adjust fees based on changes in User Equipment Counts.

4.6 Grants and External Funding: Member and Subscriber Agencies may seek and administer grant or external funding related to their participation in the RING Radio System. If external funding requires matching or imposes conditions, awarded agencies

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shall be required to meet all conditions of the grant award. Grant compliance, reporting, and audit obligations are the responsibility of the grant recipient.

4.7 Billing Schedule: The County will issue invoices to each User Agency on a quarterly basis, covering all financial obligation of each User Agency. Invoices will be issued by the 15th of the first month of each quarter, with payment due within forty-five (45) calendar days.

4.8 Delinquency: The County will notify the Executive Committee of any delinquency after forty-five (45) days of non-payment. The Executive Committee will evaluate the circumstances, review possible remedies, and provide direction to the County as to how to proceed subject to approval by the County of Santa Cruz Board of Supervisor.

4.9 RING Radio System Coverage Assurance: The County will endeavor to provide coverage as outlined in the RING Technical and Operational Standards. If a User Agency believes that coverage is not meeting those standards, they may withhold payment until such time that coverage has been restored or that a mutual understanding of the RING Radio System limitations has been agreed upon.

4.10 RING Radio System Service and Maintenance Assurance: The County will endeavor to provide service and maintenance to all User Equipment as outlined in the RING Technical and Operational Standards. If a User Agency believes that service and/or maintenance is not meeting those standards, they may withhold payment until such time that service and/or maintenance has been restored or that a mutual understanding of the serviceability of said User Equipment has been agreed upon.

4.11 Audits: The County shall arrange for an independent financial audit of the RING Radio System annually. Audit results shall be presented to the Executive Committee and provided to each Member Agency’s governing body.

5. TERM AND RENEWAL

5.1 Term: The initial term of this Agreement shall be ten (10) years from the date of execution, with automatic renewal for successive ten-year terms unless terminated as provided herein.

5.2 Termination: Any Member Agency may withdraw from the Agreement by providing the Executive Committee with a written notice at least twenty-four (24) months in advance.

The withdrawing Member Agency will remain responsible for its share of Operational and Capital Fees until the date on which its withdrawal is effective. A withdrawing Member Agency shall have no interest or claim in the assets of the RING Radio System absent an approved written agreement which contains express provisions to the contrary, except for the withdrawing Member Agency’s Owned Assets.

5.2.1 A withdrawing or withdrawn Member Agency’s payment obligation with respect to its share of Operational and Capital Fees shall survive withdrawal of the Member Agency and survive termination of this Agreement.

5.2.2 The withdrawing Member Agency may negotiate a buy-out agreement with the Executive Committee to retire any outstanding financial obligations the Member Agency shares with this Agreement.

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5.2.3 If a withdrawing or withdrawn Member Agency provided Owned Asset(s) to the RING Radio System, the separate license agreement will govern treatment of the Owned Assets.

5.3 Termination for Cause: The Executive Committee may terminate any Member Agency’s participation in the RING Radio System for cause, which is defined as unlawful or fraudulent activity, failure to comply with the terms in this Agreement, or failure to pay required fees. The termination process will include a six (6) months notice period during which the Member Agency can remedy the issue. If unresolved, termination will become effective one (1) year after the initial notice, and the Member Agency will be liable for all Capital and Operational Fees incurred until the date of which the termination is effective.

6. AMENDMENTS AND MODIFICATIONS
This Agreement may be amended or modified only by a written instrument signed by all Parties.

6.1 New Member Agency Integration:

6.1.1 Agencies that wish to join the RING Radio System after the Agreement's effective date must apply to the RING TAG and Executive Committee. Upon an affirmative recommendation of the application by the RING TAG and approval by the Executive Committee, the new Member Agency will pay a one-time New Member Buy-In, as defined in Section 1, calculated based on the current value of the RING Radio System's capital assets and the costs incurred to date.

6.1.2 New Member Agencies’ Owned Assets contributed to the RING Radio System will be defined in a separate license agreement between the County and the New Member Agency.

6.1.3 The New Member Agency will be subject to ongoing Operational and Capital Fees, prorated from the date of entry into the RING Radio System.

6.2 Temporary Access Provisions: In the event of emergencies or special circumstances, the County may grant temporary access to the RING Radio System to non-Member or non-Subscriber Agencies. This access will be approved by the County CIO or their designee and will be limited to the duration of the emergency or event. The County will notify the Executive Committee within 48 hours of granting such access.

7. INDEMNIFICATION, INSURANCE AND LIABILITY

7.1 Mutual Indemnification:

7.1.1 The County shall indemnify, defend, and hold harmless each other Member Agency, and each other Member Agency’s respective officers, officials, employees, volunteers, and agents from and against any and all claims, liabilities, losses, damages, expenses (including reasonable attorneys’ fees), or causes of action but only in proportion to and to the extent such claims, liabilities, losses, damages, expenses or cause of action arise out of, result from, or relate to the County’s negligence, willful misconduct, or failure to perform its obligations under this Agreement, except to the extent such claims arise from the sole negligence or willful misconduct of the respective indemnified Member Agency.

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7.1.2 Each Member Agency shall indemnify, defend, and hold harmless the County of Santa Cruz and all other Member Agencies, their officers, officials, employees, volunteers, and agents from and against any and all claims, liabilities, losses, damages, expenses (including reasonable attorneys’ fees), or causes of action but only in proportion to and to the extent such claims, liabilities, losses, damages, expenses or causes of action arise out of, result from, or relate to the respective Member Agency’s negligence, willful misconduct, or failure to perform its obligations under this Agreement, except to the extent such claims arise from the sole negligence or willful misconduct of the County or other Member Agency, or the County’s or other Member Agency’s officers, officials, directors, employees, volunteers, or agents.

7.2 Insurance: The County shall insure the RING Radio System. Member and Subscriber Agencies shall maintain adequate insurance for all respective Owned Assets and User Equipment related to the RING Radio System.

7.3 Liability: Each Member Agency agrees not to hold any other Member Agency liable for claims arising from the RING Radio System operations, except in cases of gross negligence or willful misconduct.

7.4 Conflict of Interest: Each Members, Representatives, and Advisors shall comply with applicable laws governing conflicts of interest that are already applicable to them in their capacity as employees or representatives of their respective agencies. Further, the Executive Committee shall adopt a Conflict of Interest Policy requiring disclosure of any personal or financial interest in contracts, vendor proposals, or procurement decisions related to the RING Radio System.

8. MISCELLANEOUS

8.1 Governing Law: This Agreement shall be governed by and interpreted under the laws of the State of California.

8.2 Entire Agreement: This Agreement constitutes the entire understanding between the Parties and supersedes all prior agreements, understandings, or representations.

8.3 Notices: Notices required under this Agreement shall be sent to the addresses specified in the Agreement.

8.4 Construction. The final form of this Agreement is the result of the Parties’ combined efforts. If anything in this Agreement is found by a court of competent jurisdiction to be ambiguous, that ambiguity shall not be resolved by construing the terms of this Agreement against either Party.

8.5 Headings. The headings and paragraph titles in this Agreement are for convenience only and are not part of this Agreement.

8.6 Severability. If anything in this Agreement is found by a court of competent jurisdiction to be unlawful or otherwise unenforceable, the balance of this Agreement remains in effect, and the Parties shall make best efforts to replace the unlawful or unenforceable part of this Agreement with lawful and enforceable terms intended to accomplish the Parties’ original intent.

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8.7 No Waiver. Payment, waiver, or discharge by any Party of any liability or obligation under this Agreement on any one or more occasions is not a waiver of performance of any continuing or other obligation and does not prohibit enforcement of any obligation on any other occasion.

8.8 No Third-Party Beneficiaries. This Agreement does not and is not intended to create any rights or obligations for any person or entity except for the Parties.

8.9 Dispute Resolution. In the event of any dispute under this Agreement, the Parties shall first attempt resolution through mediation before a mutually agreed neutral mediator. If mediation is unsuccessful, the Parties may pursue litigation in accordance with California law.

8.10 Force Majeure. Neither Party hereto shall be liable or responsible for delays or failures in performance resulting from events beyond the reasonable control, and without the fault or negligence, of such Party. Such events shall include, without limitation, acts of God, strikes, lockouts, protests, riots, acts of war, epidemics, pandemics, acts of government, fire, power failures, nuclear accidents, earthquakes, unusually severe weather, acts of terrorism or other disasters, whether or not similar to the foregoing.

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.

8.11 Authorized Signature. The Parties represent and warrant that the individual signing this Agreement on behalf of Member Agency or the County are duly authorized to do so and their signature on this Agreement legally binds Member Agency and the County to the terms of this Agreement.

8.12 Integrated Contract. This Agreement, including its attachments, is the entire agreement between Member Agency and the County with respect to the subject matter of this Agreement, and it supersedes all previous negotiations, proposals, commitments, writings, advertisements, publications, and understandings of any nature unless those things are expressly included in this Agreement.

8.13 Counterpart Execution. This Agreement, and any amendments hereto, may be executed in one (1) or more counterparts, each of which shall be deemed to be an original and all of which, when taken together, shall be deemed to be one (1) and the same agreement. This Agreement, and any amendments hereto, may be signed by manual or electronic signatures in accordance with any and all applicable local, state and federal laws, regulations and standards, and such signatures shall constitute original signatures for all purposes. A signed copy of this Agreement, and any amendments hereto, transmitted by email or by other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Agreement and any amendments hereto.

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the last date written below.

County of Santa Cruz:

16.15 11-07-2025 11
[Authorized Representative’s Name]
Title:

Date:

Address:

City of Capitola
[Authorized Representative’s Name]
Title:

Date:

Address:

City of Santa Cruz
[Authorized Representative’s Name]
Title:

Date:

Address:

City of Scotts Valley
[Authorized Representative’s Name]
Title:

Date:

Address:

City of Watsonville
[Authorized Representative’s Name]
Title:

Date:

Address:

The Regents of the University of California, on behalf of its Santa Cruz campus

16.16 11-07-2025 12
[Authorized Representative’s Name]
Title:

Date:

Address:

16.17 11-07-2025 13
Attachment A – Detailed Governance Structure
Executive Committee

1. Voting Members:

The Executive Committee shall be comprised of seven (7) voting members as follows:
 City Manager of the City of Santa Cruz or designee
 City Manager of the City of Watsonville or designee
 City Manager of the City of Capitola or designee
 City Manager of the City of Scotts Valley or designee  Chief of Police of the University of California, Santa Cruz or designee  The County Executive Officer (CEO) or designee
Each City Manager, County Executive Officer, Chief of Police, and Fire Chief or their designee will represent their respective jurisdiction in matters relating to the RING Radio System. Each voting member will be appointed by their legislative body.

2. Voting Rules and Quorum:
 Each voting member will have one equally weighted vote.  To be considered present, a voting member must attend the meeting in person or through a compliant remote attendance platform if teleconference attendance is permitted by the Ralph M. Brown Act.
 A quorum will consist of at least four (4) of the six (6) voting members  All non-budgetary and non-service level decisions require a simple majority vote of the quorum.
 Budget and service level changes require the approval of at least four (4) of the six (6) voting members.

3. Non-Voting Advisors
Non-voting advisors to the Executive Committee will include:
 The Chairperson or Vice-Chair of the RING Technical Advisory Group  The Chairperson or Vice-Chair of the RING Regional User Group  The County’s Chief Information Officer or designee
 The President of the Santa Cruz County Fire Chiefs’ Association  The Chair of the Santa Cruz County Law Enforcement Chiefs’ Association These non-voting advisors will provide technical expertise and operational input but are not required for the establishment of a quorum or voting.

4. Meetings
 The Executive Committee shall meet at least once a year or as deemed necessary by the Executive Committee.
 All meetings will be conducted in compliance with the Ralph M. Brown Act.

16.18 11-07-2025 14
 Agendas will be posted at least 72 hours in advance at the physical location of the meeting site and on the RING Radio System website.

5. Election of Officers and Procedures
 The Executive Committee will select a Chair and other officers as needed to facilitate its operations.
 The Executive Committee will establish operational procedures and create subcommittees to handle specific issues related to the RING Radio System. These actions must be consistent with the terms of this Agreement and adopted bylaws.

6. Tenure and Replacement of Members
 In the event of removal, resignation, or death of a voting member, the Member Agency responsible for appointing that member shall promptly appoint a successor to fill the vacancy.
 Voting members shall serve until replaced by their respective appointing Member Agency.

7. Duties of the Executive Committee
 Policy Recommendations: The Executive Committee will make recommendations regarding the overall operation, costs, and scope of the RING Radio System, including system upgrades, enhancements, and capital improvements to the County of Santa Cruz Board of Supervisors.
 Budget Oversight: The Executive Committee will review and recommend the RING Radio System budget, which shall be transmitted to the County of Santa Cruz Board of Supervisors, and to City Councils, and UC leadership as applicable, for final approval.  Service Agreements: The Executive Committee may recommend to the County to enter into service agreements or contracts to support the RING Radio System.  Special Funding: The Executive Committee will recommend cost-sharing mechanisms and special funding for system upgrades or major purchases.  Audit Requests: The Executive Committee shall receive financial or performance audits of the RING Radio System accounts, with costs proportionally shared by Member Agencies.

8. Bylaws and Amendments
 The Executive Committee will adopt bylaws to govern its operations, consistent with this Agreement. These bylaws may be amended with 30-days notice to all Member Agencies.
 Amendments to the bylaws must be approved by a majority vote of the Executive Committee and approved by the County of Santa Cruz Board of Supervisors.

9. Communication and Transparency
 Members of the RING Executive Committee shall disseminate relevant information and decisions to their respective Agencies.
 The Ring Executive Committee will ensure that all User Agencies receive timely updates on budget, policy, and operational decisions.

16.19 11-07-2025 15

16.20 11-07-2025 16
RING Regional Users Group
The Regional Users Group (RING RUG) will be established as an advisory group to represent the interests of all User Agencies that participate in the RING Radio System. Its primary purpose is to provide input on the operational aspects of the system, ensuring that all stakeholders have a voice in how the system is managed and maintained. The RING RUG is designed to create an inclusive platform where all stakeholders can express their concerns, contribute to discussions on operational improvements, and ensure the System meets the needs of each User Agency. The RING RUG will reflect a regional approach to managing public safety communications, fostering collaboration and cooperation across agencies and departments.

1. Membership
Each User Agency may designate operational representatives to the RING RUG. These representatives will be responsible for providing input on behalf of their agency regarding the operational and functional aspects of the system. Additional representatives from non-User Agencies may participate in the RING RUG to provide direct operational insight from their perspective which will enhance the effectiveness of the RING Radio System.

Approximate membership of 25 individuals, may include, but not limited to the following agencies and departments:
 County Departments: Public Works, Parks, General Services Division (GSD)  Law Enforcement: Sheriff’s Office, Probation, District Attorney (DA), each local law enforcement agency
 Fire Services: Representatives from each fire agency
 Member Agencies: Public Works, Parks, and Solid Waste representatives from the cities of Santa Cruz, Watsonville, Scotts Valley, and Capitola  Dispatch Services: Representatives from dispatch agencies such as NetCom, Scotts Valley, and the University of California, Santa Cruz (UCSC)  Educational Institutions: Representative from the University of California, Santa Cruz (UCSC)

2. Meetings and Communication
 All meetings will be conducted in compliance with the Ralph M. Brown Act.  Meeting Frequency: The RING RUG will meet at least quarterly, administered by the County Information Services Department (ISD).
 Agenda and Minutes: Meeting agendas will be developed by ISD, incorporating input from Subscriber Members to address pressing concerns and topics related to system operations. Agendas will be distributed to User Agencies at least one (1) week before the scheduled meeting. Agendas will be posted at least 72 hours in advance at the physical location of the meeting site and on the RING Radio System website. Minutes will be taken at each meeting, summarizing key discussions, action items, and decisions. Minutes will be distributed to all group members and made available for review within two (2) weeks after the meeting.
 Meetings will be conducted in person. Teleconference attendance is subject to the Ralph M. Brown Act.
 Reports shall be submitted quarterly to the Executive Committee.

16.21 11-07-2025 17

3. Roles and Responsibilities
 RING RUG Members are expected to report back to their respective agencies, ensuring their organization remains informed and engaged in the decision-making process.
 The RING RUG will serve as the primary advisory body to the RING Executive Committee on operational matters. The group will provide feedback on day-to-day system performance and user experiences, offering recommendations for improvements, resource allocation, and system enhancements.  The RING RUG may also recommend changes to operational procedures, maintenance schedules, and training programs to improve system reliability and user proficiency.
 While the RING RUG does not have direct decision-making authority, its recommendations will be critical in shaping the operational management of the RING Radio System.
 Recommendations shall be documented and forwarded to the Executive Committee and County ISD for further action. If not adopted, the Executive Committee or County ISD shall provide written explanation to RUG Members.

4. Reporting and Accountability
 The Chairperson of the RING RUG will provide regular updates to the RING Executive Committee. These updates will summarize operational challenges, successes, and the RING RUG’s recommendations for system improvements.
 Any action items resulting from RING RUG discussions will be assigned, at the discretion of the ISD Director, to appropriate RING RUG members or ISD staff. Followup on these items will be reviewed at subsequent meetings to ensure timely resolution.

5. Amendments and Changes
 Group Composition: The composition of the RING RUG may be amended as necessary to reflect changes in the User Agencies or the growth of the RING Radio System. Any additions or changes to group membership must be approved by the Executive Committee.
 Meeting Schedule Adjustments: The meeting frequency or schedule may be adjusted by mutual agreement of the members, with at least 30 days’ notice provided for any permanent changes to the meeting calendar.

16.22 11-07-2025 18
RING Technical Advisory Group
The RING Technical Advisory Group (RING TAG) is established to provide technical and operational guidance for the ongoing management and development of the System. RING TAG will be responsible for advising the RING Executive Committee on technical standards, operational protocols, and the implementation of upgrades and maintenance to the System.

1. Membership
The RING TAG will consist of technical and operational staff from each of the organizations listed below. Members will be chosen based on their technical expertise and experience with public safety communication systems.

Each organization may designate one (1) representative and one (1) alternate. Members should have technical/operational competency. Members include:
 Law Chiefs’ Representative
 Fire Chiefs’ Representative
 Sheriff's Office Representative
 Two (2) County Information Services Department (ISD) Representatives  City Representatives from Santa Cruz, Watsonville, Scotts Valley, and Capitola  NetCom Representative
 University of California, Santa Cruz (UCSC) Representative Consultants or vendor representatives may participate only as non-voting technical advisors to avoid conflicts of interest. Standby (Non-Voting) Members for technical consultation include:
 GSD (Real Estate) Representative
 County Budget Representative
 County retained consultants, as needed

2. Roles and Responsibilities
 Advisory Role: The RING TAG will recommend minimum technical standards, talk group protocols, maintenance standards, security policies.  TAG shall review all vendor change orders exceeding $100,000 and make recommendations to the Executive Committee.
 TAG shall oversee and approve system acceptance testing before “go-live” deployment.
 TAG shall recommend security standards for the System.

3. Meetings and Procedures
 All meetings will be conducted in compliance with the Ralph M. Brown Act.  Meeting Frequency: The RING TAG will meet at least quarterly, administered by the County Information Services Department (ISD).
 Agenda and Minutes: Meeting agendas will be developed by ISD, incorporating input from TAG Members to address pressing concerns and topics related to system operations. Agendas will be distributed at least one (1) week before the scheduled meeting. Agendas will be posted at least 72 hours in advance at the physical location

16.23 11-07-2025 19
of the meeting site and on the RING Radio System website. Minutes will be taken at each meeting, summarizing key discussions, action items, and decisions. Minutes will be distributed to all group members and made available for review within two (2) weeks after the meeting.
 Meetings will be conducted in person. Teleconference attendance is subject to the Ralph M. Brown Act.
 Reports shall be submitted quarterly to the Executive Committee.

4. Technical Decision-Making and Voting
 In making its recommendations to the Executive Committee, the RING TAG will strive to reach consensus; otherwise, a majority vote of those in attendance will serve as final determination in making recommendations.
 The RING TAG does not have the authority to make binding decisions but plays a crucial role in advising the RING Executive Committee on the technical aspects of system management and operational improvements.
 The RING TAG will provide formal recommendations to the RING Executive Committee regarding any changes or upgrades to the System. These recommendations will include detailed reports on the technical rationale behind the proposed changes.  The Chairperson of the RING TAG will prepare and submit quarterly reports summarizing key discussions, technical evaluations, and operational performance metrics.

5. Amendments and Changes to Group Structure
 Membership Adjustments: The composition of the RING TAG may be adjusted as needed to reflect changes in the User Agencies or technical requirements of the System. Any changes must be approved by the Executive Committee.  Meeting Schedule Adjustments: Changes to the meeting schedule may be proposed by the RING TAG Chairperson and must be approved by a majority of RING TAG members.

16.24 Item Amount
System Equipment & Hard Costs $ 16,935,445
System Soft Costs $ 5,167,711
Site Development $ 6,688,739
Project Management & Admin $ 743,512
Contingency $ 1,439,595
Subtotal $ 30,975,000
Less UCSC 800mz Sub-project $ (1,721,000)
Less Vendor Discount $ (10,278,850)
Total $ 18,975,150
Source Amount
Equipment Lease Financing $ 16,459,290
One-Time Cash $ 750,000
Pay as you Go $ 1,765,860
Total $ 18,975,150
FY30 Capital Outlays Amt
System Upgrade Avg Debt Service $ 2,260,709
RING Capital Expenses $ 358,400
subtotal $ 2,619,109
Less Connection Fees $ (205,926)
Total $ 2,413,183
Number of Member Radios 2,052
Upgrade Cost per Radio (monthly) $ 98.00
FY30 Operational Expenses Amt
Radio Shop O&M $ 2,001,043
RING Contract Support Svcs $ 836,516
Total $ 2,837,559
Number of Radios Supported 2,324
Operating Cost per Radio
(monthly) $ 101.75
RING System Upgrade Project Budget
Funding Plan
RING System Upgrades
RING System Operations and Maintenance

ESTIMATE

16.25 Capital Project Outlays
Item Cost Financing
System Control Equipment, Software and Licensing $ 1,161,600 Simulcast Control Equipment, Software, and Licensing $ 433,941 P25 VHF Radio System (RF Site) Equipment, Software and Licensing $ 6,975,048 VHF Antenna Systems and Subsystem Equipment $ 851,743
County Backhaul and Networking Equipment, Software, and Licensing $ 1,283,693 County Dispatch System Equipment, Software, and Licensing $ 1,618,797 Interface to/Upgrade existing County logging Recorder Equipment, Software an $ 141,815 Network Management System, Software and Licensing $ 1,716,603 Other Miscellaneous Equipment, Software and Licensing $ 1,475,999 Spare and Test Equipment $ 1,276,205
Subtotal $ 16,935,445 #######
Project Management $ 1,449,195
System Installation Services $ 497,523
System Engineering Services $ 2,752,335
Migration Services $ 99,801
System Training $ 185,990
Warranty Services $ 124,578
Other - Specify $ 58,289 #######
Subtotal $ 5,167,711 #######
Existing Site Improvements - New Equipment and Services $ 4,620,370 Greenfield Site Equipment $ 1,780,517
Greenfield Site Implementation Services $ 257,852
Other Civil Equipment or Services $ 30,000
Subtotal $ 6,688,739 #######
Total Capital Costs $ 28,791,894
Less Contract Discount $ (10,278,850)
RING Capital Contract Outlay $ 18,513,044
Financing Calculations
Project OH & Mgmt $ 719,797 ####### RING Capital Contract Outlay $ 18,513,044 Project Contingency $ 1,439,595 ####### UCSC 800mz Subproject $ (1,721,000) subtotal $ 2,159,392 RING VHF System $ 16,792,044
RING Capital Project Outlay $ 20,672,436 Project OH & Mgmt $ 743,512 $ 1,639,158 Less UCSC 800mz Subproject + 5% OH $ (1,721,116) Project Contingency $ 1,439,595 Less One Time Cash $ (750,000) RING VHF System Total $ 18,975,150 Less Other Pay as you Go $ (1,765,820) $ (353,164)
Total to Finance $ 16,435,500
Less Interest Earned on Debt $ (476,150) VHF System Equity $ 2,539,651 Capitalized Interest $ 2,077,185 Member Unit Count 1,852 Cost of Financing $ 98,000 Base $ 1,371
Principal (present value) $ (18,134,535) Adjustment $ 686 Term 10 Connection fee per Unit $ 2,057
Rate 3.88% Subscriber units 492
Total Interest $ 4,092,561 Connection Fee Revenue $ 1,012,021 Principal & Int $ 22,227,096
Est Annual Financing Payment $ 2,222,710
Capital Outlay Summary
Subscriber Buy-In

ESTIMATE

16.26 Contract Service FY27 FY28 FY29 FY30 FY31 FY32 FY33 FY34 FY35 FY36 FY37 FY38 FY39 Software Support $ - $ - $ - $ 148,320 $ 152,770 $ 157,353 $ 162,073 $ 166,935 $ 171,944 $ 177,102 $ 182,415 $ 187,887 $ 193,524 Hardware Refresh $ - $ - $ 509,919 $ 509,919 $ 509,919 $ 509,919 $ 509,919 $ 509,919 $ 509,919 $ - $ - $ - $ - On Site Support $ - $ - $ - $ 165,314 $ 170,273 $ 175,381 $ 180,642 $ 186,062 $ 191,643 $ 197,393 $ 203,315 $ 209,414 $ 215,697 On Call Support $ - $ - $ - $ 2,783 $ 2,867 $ 2,952 $ 3,041 $ 3,133 $ 3,226 $ 3,323 $ 3,423 $ 3,526 $ 3,632 Microwave Warrenty $ - $ - $ - $ 27,275 $ 50,620 $ 50,620 $ 50,620 $ 50,620 $ 50,620 $ 50,620 $ 50,620 $ 50,620 $ 50,620 Technical Support $ - $ - $ - $ 48,543 $ 49,998 $ 51,499 $ 53,043 $ 54,634 $ 56,273 $ 57,962 $ 59,701 $ 61,492 $ 63,337 Less UCSC 800mz Support $ - $ - $ - $ (99,931) $ (99,931) $ (99,931) $ (99,931) $ (99,931) $ (99,931) $ (99,931) $ (99,931) $ (99,931) $ (99,931) Contract Services Total $ - $ - $ 509,919 $ 802,223 $ 836,516 $ 847,793 $ 859,407 $ 871,372 $ 883,694 $ 386,469 $ 399,543 $ 413,008 $ 426,879 County Radio Shop O&M $ 1,710,500 $ 1,778,920 $ 1,850,077 $ 1,924,080 $ 2,001,043 $ 2,081,085 $ 2,164,328 $ 2,250,901 $ 2,340,937 $ 2,434,575 $ 2,531,958 $ 2,633,236 $ 2,738,566 Total O&M $ 1,710,500 $ 1,778,920 $ 2,359,996 $ 2,726,302 $ 2,837,559 $ 2,928,877 $ 3,023,735 $ 3,122,273 $ 3,224,631 $ 2,821,043 $ 2,931,500 $ 3,046,244 $ 3,165,444

ESTIMATE

16.27 Capital Outlays FY27 FY28 FY29 FY30 FY31 FY32 FY33 FY34 FY35 FY36 FY37 FY38 FY39 Debt Service $ - $ - $ 1,130,354 $ 2,260,709 $ 2,260,709 $ 2,260,709 2,260,709$ $ 2,260,710 $ 2,260,709 $ 2,260,709 $ 2,260,710 $ 2,260,709 $ 1,130,355 RING PM&OH $ 180,000 $ 180,000 $ 180,000 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - Other Capital $ 358,400 $ 358,400 $ 358,400 $ 358,400 $ 358,400 $ - $ - $ - $ - $ - $ - $ - $ - Less SCC Fees $ - $ - $ - $ (337,340) $ (337,340) $ (180,688) $ - $ - $ - $ - $ - $ - $ - Total $ 538,400 $ 538,400 $ 1,668,754 $ 2,281,769 $ 2,281,769 $ 2,080,021 $ 2,260,709 $ 2,260,710 $ 2,260,709 $ 2,260,709 $ 2,260,710 $ 2,260,709 $ 1,130,355 $ 291 $ 291 $ 901 $ 1,232 $ 1,232 $ 1,123 $ 1,221 $ 1,221 $ 1,221 $ 1,221 $ 1,221 $ 1,221 $ 610 Member Unit % of Total FY27 FY28 FY29 FY30 FY31 FY32 FY33 FY34 FY35 FY36 FY37 FY38 FY39 City of Capitola 47 2.5% $ 13,663 $ 13,663 $ 42,350 $ 57,907 $ 57,907 $ 52,787 $ 57,372 $ 57,372 $ 57,372 $ 57,372 $ 57,372 $ 57,372 $ 28,686 City of Santa Cruz 395 21.3% $ 114,832 $ 114,832 $ 355,917 $ 486,662 $ 486,662 $ 443,633 $ 482,171 $ 482,171 $ 482,171 $ 482,171 $ 482,171 $ 482,171 $ 241,085 City of Scotts Valley 40 2.2% $ 11,629 $ 11,629 $ 36,042 $ 49,282 $ 49,282 $ 44,925 $ 48,827 $ 48,827 $ 48,827 $ 48,827 $ 48,827 $ 48,827 $ 24,414 City of Watsonville 175 9.4% $ 50,875 $ 50,875 $ 157,685 $ 215,610 $ 215,610 $ 196,546 $ 213,620 $ 213,620 $ 213,620 $ 213,620 $ 213,620 $ 213,620 $ 106,810 County of Santa Cruz 1140 61.6% $ 331,413 $ 331,413 $ 1,027,203 $ 1,404,545 $ 1,404,545 $ 1,280,359 1,391,581$ $ 1,391,581 $ 1,391,581 $ 1,391,581 $ 1,391,582 $ 1,391,581 $ 695,791 UCSC 55 3.0% $ 15,989 $ 15,989 $ 49,558 $ 67,763 $ 67,763 $ 61,772 $ 67,138 $ 67,138 $ 67,138 $ 67,138 $ 67,138 $ 67,138 $ 33,569 Total 1852 $ 538,400 $ 538,400 $ 1,668,754 $ 2,281,769 $ 2,281,769 $ 2,080,021 $ 2,260,709 $ 2,260,710 $ 2,260,709 $ 2,260,709 $ 2,260,710 $ 2,260,709 $ 1,130,355 $ - $ - $ - $ 337,340 $ 337,340 $ 337,340 $ - $ - $ - $ - $ - $ - $ - Members + Subs Unit % of Subs Total FY27 FY28 FY29 FY30 FY31 FY32 FY33 FY34 FY35 FY36 FY37 FY38 FY39 AMR 20 4.1% $ - $ - $ - $ 13,713 $ 13,713 $ 13,713 $ - $ - $ - $ - $ - $ - $ - Central FD 200 40.7% $ - $ - $ - $ 137,130 $ 137,130 $ 137,130 $ - $ - $ - $ - $ - $ - $ - Ben Lommond FD 54 11.0% $ - $ - $ - $ 37,025 $ 37,025 $ 37,025 $ - $ - $ - $ - $ - $ - $ - Boulder Creek FD 59 12.0% $ - $ - $ - $ 40,453 $ 40,453 $ 40,453 $ - $ - $ - $ - $ - $ - $ - Scotts Valley FD 53 10.8% $ - $ - $ - $ 36,339 $ 36,339 $ 36,339 $ - $ - $ - $ - $ - $ - $ - Felton FD 45 9.1% $ - $ - $ - $ 30,854 $ 30,854 $ 30,854 $ - $ - $ - $ - $ - $ - $ - Zayante FD 61 12.4% $ - $ - $ - $ 41,825 $ 41,825 $ 41,825 $ - $ - $ - $ - $ - $ - $ - Total 492 $ - $ - $ - $ 337,340 $ 337,340 $ 337,340 $ - $ - $ - $ - $ - $ - $ - O&M Expenses FY27 FY28 FY29 FY30 FY31 FY32 FY33 FY34 FY35 FY36 FY37 FY38 FY39 R. Shop O&M $ 1,710,500 $ 1,778,920 $ 1,850,077 $ 1,924,080 $ 2,001,043 $ 2,081,085 2,164,328$ $ 2,250,901 $ 2,340,937 $ 2,434,575 $ 2,531,958 $ 2,633,236 $ 2,738,566 RING Svcs $ - $ - $ 509,919 $ 802,223 $ 836,516 $ 847,793 $ 859,407 $ 871,372 $ 883,694 $ 386,469 $ 399,543 $ 413,008 $ 426,879 Total $ 1,710,500 $ 1,778,920 $ 2,359,996 $ 2,726,302 $ 2,837,559 $ 2,928,877 $ 3,023,735 $ 3,122,273 $ 3,224,631 $ 2,821,043 $ 2,931,500 $ 3,046,244 $ 3,165,444 $ 736 $ 765 $ 1,015 $ 1,173 $ 1,221 $ 1,260 $ 1,301 $ 1,343 $ 1,388 $ 1,214 $ 1,261 $ 1,311 $ 1,362 Members + Subs Unit % of Total FY27 FY28 FY29 FY30 FY31 FY32 FY33 FY34 FY35 FY36 FY37 FY38 FY39 City of Capitola 47 2.0% $ 34,593 $ 35,976 $ 47,728 $ 55,136 $ 57,386 $ 59,233 $ 61,151 $ 63,144 $ 65,214 $ 57,052 $ 59,286 $ 61,606 $ 64,017 City of Santa Cruz 395 17.0% $ 290,726 $ 302,355 $ 401,118 $ 463,378 $ 482,287 $ 497,808 $ 513,931 $ 530,679 $ 548,076 $ 479,480 $ 498,254 $ 517,757 $ 538,017 City of Scotts Valley 40 1.7% $ 29,441 $ 30,618 $ 40,620 $ 46,924 $ 48,839 $ 50,411 $ 52,044 $ 53,740 $ 55,501 $ 48,555 $ 50,456 $ 52,431 $ 54,483 City of Watsonville 175 7.5% $ 128,803 $ 133,955 $ 177,711 $ 205,294 $ 213,672 $ 220,548 $ 227,691 $ 235,111 $ 242,819 $ 212,428 $ 220,746 $ 229,386 $ 238,362 County of Santa Cruz 1140 49.1% $ 839,058 $ 872,620 $ 1,157,657 $ 1,337,343 $ 1,391,918 $ 1,436,713 1,483,243$ $ 1,531,580 $ 1,581,790 $ 1,383,816 $ 1,437,999 $ 1,494,285 $ 1,552,757 UCSC 55 2.4% $ 40,481 $ 42,100 $ 55,852 $ 64,521 $ 67,154 $ 69,315 $ 71,560 $ 73,892 $ 76,314 $ 66,763 $ 69,377 $ 72,093 $ 74,914 AMR 0 0.0% $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - Ben Lommond FD 54 2.3% $ 39,745 $ 41,335 $ 54,836 $ 63,348 $ 65,933 $ 68,055 $ 70,259 $ 72,549 $ 74,927 $ 65,549 $ 68,116 $ 70,782 $ 73,552 Boulder Creek FD 59 2.5% $ 43,425 $ 45,162 $ 59,914 $ 69,213 $ 72,038 $ 74,356 $ 76,764 $ 79,266 $ 81,865 $ 71,619 $ 74,423 $ 77,336 $ 80,362 Central FD 200 8.6% $ 147,203 $ 153,091 $ 203,098 $ 234,622 $ 244,196 $ 252,055 $ 260,218 $ 268,698 $ 277,507 $ 242,775 $ 252,281 $ 262,155 $ 272,413 Scotts Valley FD 53 2.3% $ 39,009 $ 40,569 $ 53,821 $ 62,175 $ 64,712 $ 66,795 $ 68,958 $ 71,205 $ 73,539 $ 64,335 $ 66,854 $ 69,471 $ 72,190 Felton FD 45 1.9% $ 33,121 $ 34,446 $ 45,697 $ 52,790 $ 54,944 $ 56,712 $ 58,549 $ 60,457 $ 62,439 $ 54,624 $ 56,763 $ 58,985 $ 61,293 Zayante FD 61 2.6% $ 44,897 $ 46,693 $ 61,945 $ 71,560 $ 74,480 $ 76,877 $ 79,367 $ 81,953 $ 84,640 $ 74,046 $ 76,946 $ 79,957 $ 83,086 Total 2324 $ 1,710,500 $ 1,778,920 $ 2,359,996 $ 2,726,302 $ 2,837,559 $ 2,928,877 $ 3,023,735 $ 3,122,273 $ 3,224,631 $ 2,821,043 $ 2,931,500 $ 3,046,244 $ 3,165,444 RING Agencies Total Fee Schedule (projected actuals)
Membership Municpality/Agency FY27 FY28 FY29 FY30 FY31 FY32 FY33 FY34 FY35 FY36 FY37 FY38 FY39 Member City of Capitola $ 48,256 $ 49,640 $ 90,078 $ 113,043 $ 115,293 $ 112,020 $ 118,523 $ 120,516 $ 122,586 $ 114,424 $ 116,658 $ 118,979 $ 92,703 Member City of Santa Cruz $ 405,558 $ 417,187 $ 757,035 $ 950,040 $ 968,950 $ 941,441 $ 996,102 $ 1,012,850 $ 1,030,247 $ 961,651 $ 980,425 $ 999,927 $ 779,102 Member City of Scotts Valley $ 41,069 $ 42,247 $ 76,662 $ 96,207 $ 98,121 $ 95,336 $ 100,871 $ 102,567 $ 104,329 $ 97,382 $ 99,284 $ 101,258 $ 78,896 Member City of Watsonville $ 179,677 $ 184,830 $ 335,395 $ 420,904 $ 429,282 $ 417,094 $ 441,311 $ 448,731 $ 456,438 $ 426,048 $ 434,366 $ 443,006 $ 345,172 Member County of Santa Cruz $ 1,170,470 $ 1,204,032 $ 2,184,860 $ 2,741,888 $ 2,796,463 $ 2,717,071 2,874,825$ $ 2,923,161 $ 2,973,371 $ 2,775,398 $ 2,829,581 $ 2,885,866 $ 2,248,548 Member UCSC $ 56,470 $ 58,089 $ 105,410 $ 132,284 $ 134,917 $ 131,087 $ 138,698 $ 141,030 $ 143,452 $ 133,901 $ 136,515 $ 139,230 $ 108,483 Subscriber AMR $ - $ - $ - $ 13,713 $ 13,713 $ 13,713 $ - $ - $ - $ - $ - $ - $ - Subscriber Ben Lommond FD $ 39,745 $ 41,335 $ 54,836 $ 100,373 $ 102,958 $ 105,080 $ 70,259 $ 72,549 $ 74,927 $ 65,549 $ 68,116 $ 70,782 $ 73,552 Subscriber Boulder Creek FD $ 43,425 $ 45,162 $ 59,914 $ 109,667 $ 112,491 $ 114,810 $ 76,764 $ 79,266 $ 81,865 $ 71,619 $ 74,423 $ 77,336 $ 80,362 Member Central FD $ 147,203 $ 153,091 $ 203,098 $ 371,752 $ 381,326 $ 389,185 $ 260,218 $ 268,698 $ 277,507 $ 242,775 $ 252,281 $ 262,155 $ 272,413 Subscriber Scotts Valley FD $ 39,009 $ 40,569 $ 53,821 $ 98,514 $ 101,051 $ 103,134 $ 68,958 $ 71,205 $ 73,539 $ 64,335 $ 66,854 $ 69,471 $ 72,190 Subscriber Felton FD $ 33,121 $ 34,446 $ 45,697 $ 83,644 $ 85,798 $ 87,567 $ 58,549 $ 60,457 $ 62,439 $ 54,624 $ 56,763 $ 58,985 $ 61,293 Subscriber Zayante FD $ 44,897 $ 46,693 $ 61,945 $ 113,384 $ 116,304 $ 118,701 $ 79,367 $ 81,953 $ 84,640 $ 74,046 $ 76,946 $ 79,957 $ 83,086 Total $ 2,248,900 $ 2,317,320 $ 4,028,750 $ 5,345,412 $ 5,456,668 $ 5,346,239 $ 5,284,444 $ 5,382,982 $ 5,485,340 $ 5,081,753 $ 5,192,210 $ 5,306,953 $ 4,295,799 RING Projected Fee Schedule
RING Capital Project
Capital Fee Allocation -------- Per Unit -->
Subscriber Capital Connection Fee
RING Operations and
Maintenance
O & M Fee Allocation -------- Per Unit -->

ESTIMATE

16.28 City Council

AGENDA REPORT
DATE: 10/17/2025
AGENDA OF: 11/18/2025
DEPARTMENT: City Manager/Parks and Recreation
SUBJECT: Amendment to Professional Services Agreements for On-Call Landscape Architecture Services (CM/PR)
LOCATION: Citywide
RECOMMENDATION: Motion to approve and authorize the City Manager to execute the Sixth Amendment to the Professional Services Agreement (PSA) with Conger Moss Guillard (CMG) and execute the Third Amendment to the Professional Services Agreement with SWA Group (SWA) for on-call landscape architecture services in a form acceptable to the City Attorney.

BACKGROUND: On-call service agreements are a common approach by public agencies to streamline project delivery by removing duplicative actions in the contracting process for similar City projects. Staff identified a shared need across multiple City departments for consulting expertise, outreach, condition assessments, design standards, and other services provided by landscape architects. On February 27, 2024, the City Council approved a Professional Services Agreement (PSA) and authorized the City Manager to execute said agreement between the City and each of four competitively selected vendors for on-call landscape architecture services. On March 13, 2024, the City entered into agreements with CMG, SWA, Royston, Hanamoto, Alley & Abey (RHAA), and Bionic Landscapes.

The on-call approach has been very helpful and saved valuable staff time, allowing the City to accomplish projects more easily and efficiently. To date, 12 City projects have been completed or undertaken through these agreements. While the cost and scope of each project vary, the combined projects are nearing the limit allowed in the original agreements for two of the vendors.

DISCUSSION: The PSAs approved on February 27, 2024, prequalify the consultants to perform landscape architectural services for the City on an on-call basis. When beginning a project, the structure of the agreements allows the City to enter negotiations with the highest-ranking vendor; if unable to reach an agreement, staff then enter negotiations with the next highest-ranked vendor in sequential order. While this approach has been successful, the City has already reached its maximum allowance for the highest-ranked vendor, CMG, and is nearing the maximum allowance for the next highest-ranked vendor, SWA. Staff recommend increasing the not-toexceed amount from $1,000,000 to $3,000,000 over the 3-year term of the Agreement, March

17.1 2024 to March 2027. Increasing the not-to-exceed amount of the agreements will enable staff to successfully complete current projects underway and take advantage of the on-call agreements for future landscape architecture needs for the full term of the agreements. To date, the process of working with an on-call landscape architecture vendor on a project has entailed staff developing a separate amendment to the specific vendor’s PSA for each project. To streamline the process and better align with other, more recent on-call agreements’ processes in use by the City, the 3rd and 6th Amendments to the CWG and SWA PSAs also include language to allow staff to execute a purchase order for each project (vs. requiring an amendment). This will reduce the amount of staff time and legal review required to services already provided for in these PSAs, aligning the implementation of the on-call service agreements with their intended purpose.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) DETERMINATION:

CEQA review is not required for this item because the action recommended does not meet the definition of a Project under CEQA. When applicable, Projects undertaken by the City that involve the professional services agreements referred to in this item will undergo their own CEQA review separate from this item.

HEALTH IN ALL POLICIES (HiAP): The professional services agreements for landscape architecture services are used for projects that improve parks, open spaces, and related facilities.

These projects support all three pillars of Health in All Policies. First, they advance equity by improving access to City parks, adding amenities to parks for users of all ages and abilities, and addressing deferred maintenance of City property. Second, they advance sustainability by incorporating sustainable design principles into park improvements and maintaining a higher density of quality parks, meaning better options within walking distance of more residences, and enhancing wildlife habitat in our parks. Finally, the professional services agreements will improve public health by designing spaces for exercise, play, relaxation, and social engagement, all while augmenting the resiliency of green spaces and protecting against climate threats like flooding, drought, and sea-level rise.

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: None. The recommended action would only raise the annual allowance for the recommended vendors. Project funding will be used for specific projects and operational budgets used for smaller tasks. Funding will be requested in future budget updates or through budget adjustment requests.

Prepared By:

Hilary Papendick
Senior Resilience Planner
Submitted By:

Michelle Templeton
Assistant City Manager
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. CONGER MOSS GUILLARD 6TH AMENDMENT.PDF

2. SWA GROUP 3RD AMENDMENT.PDF

17.2 6th Amendment to Professional Services Agreement for On-Call Landscape Architecture Services October, 2025 Page 1

SIXTH AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH

CONGER MOSS GUILLARD
THIS SIXTH AMENDMENT (“Sixth Amendment”), effective as of October_____, 2025 (“effective date”) to the PROFESSIONAL SERVICES AGREEMENT dated March 13, 2024, is made by and between the CITY OF SANTA CRUZ (“City”) and CONGER MOSS GUILLARD (“Consultant”). City and Consultant may be referred to individually as a “Party” and collectively, as the “Parties.”

RECITALS
WHEREAS, City and Consultant have previously entered into that certain Professional Services Agreement (“Agreement”) dated March 13, 2024, incorporated herein by this reference; and WHEREAS, City and Consultant entered into the First Amendment to the Agreement, dated June 4, 2024, for landscape architectural services for Consultant to perform a Harvey West Park Design and Program Assessment; and
WHEREAS, City and Consultant entered into the Second Amendment to the Agreement, dated January 23, 2025, for landscape architectural services for Consultant to perform connecting Maple Alley with the Santa Cruz Riverwalk; and
WHEREAS, City and Consultant entered into the Third Amendment to the Agreement, dated April 1, 2025, for landscape architectural services to conduct public outreach and design flood management, wetland enhancement, and an ADA trail in the lower portion of Jessie Street Marsh, between Lemos Street and East Cliff Drive; and
WHEREAS, City and Consultant entered into the Fourth Amendment to the Agreement, dated August 19, 2025, for landscape architecture services to conduct the entitled “Main Beach Living Shoreline Project”, including public outreach and complete design for a dune at Main Beach; and WHEREAS, City and Consultant entered into the Fifth Amendment to the Agreement, dated August 21, 2025, to reallocate costs and add funds for subcontracting of a supplemental site survey supporting the design and construction of paseo improvements to the Maple Paseo Project; and WHEREAS, City and Consultant desire to enter into this Sixth Amendment to the Agreement to to revise the process for approving future work to use purchase orders instead of amending the Agreement, and to increase the project budget, as specified herein.

AGREEMENT
NOW, THEREFORE, it is agreed between the Parties to incorporate the above Recitals hereto, and that the Parties agree to the following:

1. The Parties agree to amend the Agreement so that all future on-call services will no longer require an amendment to the Agreement. Rather, the Parties agree to proceed by way of an

17.3 6th Amendment to Professional Services Agreement for On-Call Landscape Architecture Services October, 2025 Page 2
executed purchase order. No work is to begin without a City executed purchase order that will include the requirements for the project, an estimate of the total fee for the project, project/work schedule, and any additional project information.

2. The Parties agree that the budget for the on-call services as described in this Agreement will be increased from the original not-to-exceed budget limit of $1,000,000 over a three-year term to a new budget limit amount not to exceed $3,000,000 over a three-year term. For each on-call project, City and Consultant agree that there will be a separate not-to-exceed amount specified and a budget set for that specific on-call project which will be defined as part of any future executed purchase order. (If an Adjusted Fully Burdened Rate is listed, that is the rate that shall be charged to the City and will be the base rate for any price increases.)

3. Except as amended by this Sixth Amendment, all other applicable terms and conditions of the original Agreement and attachments, and other prior amendments, shall remain in full force and effect. The terms of this Sixth Amendment shall control if any conflict exists.

4. Each party acknowledges that it has reviewed this Sixth Amendment 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 Sixth Amendment.

5. The unenforceability, invalidity or illegality of any provision(s) of this Sixth Amendment shall not render the other provisions unenforceable, invalid or illegal.

6. The Parties may execute this Sixth Amendment 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.

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

17.4 17.5
Third Amendment to Professional Services Agreement for On-Call Landscape Architecture Services October, 2025 Page 1

THIRD AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH

SWA GROUP
THIS THIRD AMENDMENT (“Third Amendment”), effective as of October_____, 2025 (“effective date”) to the PROFESSIONAL SERVICES AGREEMENT dated March 13, 2024, is made by and between the CITY OF SANTA CRUZ (“City”) and SWA GROUP (“Consultant”). City and Consultant may be referred to individually as a “Party” and collectively, as the “Parties.”

RECITALS
WHEREAS, City and Consultant have previously entered into that certain Professional Services Agreement (“Agreement”) dated March 13, 2024, incorporated herein by this reference; and WHEREAS, City and Consultant entered into the First Amendment to the Agreement, dated August 30, 2024 for landscape architectural services to assess pickleball courts and sports field lighting at Depot Park; and
WHEREAS, City and Consultant entered into the Second Amendment to the Agreement, dated November 19, 2024 for landscape architectural services to revitalize Downtown Santa Cruz through beautification, play, a market plaza, and alley/paseo improvements (“Downtown Play & Paseo Project”); and
WHEREAS, City and Consultant desire to enter into this Third Amendment to the Agreement to to revise the process for approving future work to use purchase orders instead of amending the Agreement, as specified herein.

AGREEMENT
NOW, THEREFORE, it is agreed between the Parties to incorporate the above Recitals hereto, and that the Parties agree to the following:

1. The Parties agree to amend the Agreement so that all future on-call services will no longer require an amendment to the Agreement. Rather, the Parties agree to proceed by way of an executed purchase order. No work is to begin without a City executed purchase order that will include the requirements for the project, an estimate of the total fee for the project, project/work schedule, and any additional project information.

2. The Parties agree that the budget for the on-call services as described in this Agreement will be increased from the original not-to-exceed budget limit of $1,000,000 over a three-year term to a new budget limit amount not to exceed $3,000,000 over a three-year term. For each on-call project, City and Consultant agree that there will be a separate not-to-exceed amount specified and a budget set for that specific on-call project which will be defined as part of any future executed purchase order. (If an Adjusted Fully Burdened Rate is listed, that is the rate that shall be charged to the City and will be the base rate for any price increases.)

17.6 Third Amendment to Professional Services Agreement for On-Call Landscape Architecture Services October, 2025 Page 2

3. Except as amended by this Third Amendment, all other applicable terms and conditions of the original Agreement and attachments, and other prior amendment(s), shall remain in full force and effect. The terms of this Third Amendment shall control if any conflict exists.

4. Each party acknowledges that it has reviewed this Third Amendment 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 Third Amendment.

5. The unenforceability, invalidity or illegality of any provision(s) of this Third Amendment shall not render the other provisions unenforceable, invalid or illegal.

6. The Parties may execute this Third Amendment 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.

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

17.7 Third Amendment to Professional Services Agreement for On-Call Landscape Architecture Services October, 2025 Page 3
IN WITNESS WHEREOF, the City and the Consultant have executed this Third Amendment effective as of the date first written above.

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

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

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

Approved As To Form:

By: _____________________________ Date: ___________
Office of the City Attorney

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

CITY OF SANTA CRUZ
By: _____________________________ Date: __________________ Matt Huffaker, City Manager
10/16/25
10/17/2025
Riley Van Bebber
Rene Bihan Managing Principal
10/17/2025
CFO

17.8 City Council

AGENDA REPORT
DATE: 10/27/2025
AGENDA OF: 11/18/2025
DEPARTMENT: Economic Development and Housing
SUBJECT: Jayson Architecture – Library Architect for the Downtown Library Affordable Housing Project; Change Order and Contract Amendment (EDH)
LOCATION: District 4
RECOMMENDATION: Motion to:
1) Authorize the City Manager, or designee, to execute the First Amendment to the Professional Services Agreement with Jayson Architecture P.C., in the amount of $286,042, for a total contract amount not to exceed $2,769,038 and any related documents; in a form approved by the City Attorney; and
2) Authorize the Deputy City Manager, or designee, to execute future change orders within the approved Downtown Library Affordable Housing Project (c512002) budget.

BACKGROUND: In 2014, the Santa Cruz Public libraries initiated a comprehensive facilities master planning process, culminating in a Library Master Plan that proposed the development of the Downtown Library Affordable Housing Project (“DLAHP" or "Project”). Between 2014 and 2021, numerous council advisory and subcommittees reviewed and provided guidance for the future of the downtown library main branch and ultimately recommended construction of a new library on the downtown parking lot between Lincoln and Cathcart streets, commonly known as Lot 4. Following the culmination of multiple public meetings and hearings, the City Council approved the DLAHP, a mixed-use project including 124 units of affordable housing with a mix of affordability for households with an average median income that does not exceed 60% of area median income for our area.

Following an extensive Request for Proposal (RFP) process that commenced in April 2021, on September 14, 2021, City Council awarded a contract to Jayson Architecture P.C. (Jayson Architecture), in an amount up to $2,289,550 as the DLAHP master architect. Jayson Architecture has been working with City staff, the City’s Owners Representative Griffin Structures, the affordable housing developers, and the core and shell architects on the library design as part of the overall project. The first phase of the DLAHP began in August 2025. It will provide the core and shell exteriors for the second phase interior buildout of the new downtown library. Jayson Architecture is preparing the construction design documents for phase two, and

18.1 on October 13, 2025, received a permit-ready letter from the Building Division of the Planning and Community Development Department. The project team will work on preparing a request for proposals to be released for a general contractor for phase two construction in the first half of calendar year 2026. The current schedule anticipates construction of phase two, interior buildouts, to begin in Fall of 2026 and to take place concurrently with phase one. Staff will provide an update to the City Council on the full project progress including timeline and budget milestones by the end of November.

DISCUSSION: During the course of preparing construction documents, additional scope of work items were identified to be completed by Jayson Architecture in coordination with the core and shell design team. Staff processed change orders to accommodate the extra design work and added a total of $193,477 to the total contract amount, which was within the allowable 10% threshold for change orders.

This additional scope of work has resulted in additional costs for the permitting and construction administration tasks related to Jayson Architecture’s involvement in seeing phase two through construction, as well as assisting in phase one construction oversight. Specifically, the scope of work was adjusted to include design of the library façade through design development before handing off to the core and shell architect team. Additionally, a scope of work matrix identified shifts in design work that Jayson Architecture would be responsible for including finishes and landscaping of the library roof deck, main stair structural design, mezzanine stair structural design, and public art coordination. This scope of work also carries with it a construction administration cost for oversight of the design during both phase one core and shell construction as well as phase two interior buildout. Staff recommend a contract amendment that incorporates the first three change orders and adds an additional $51,698 to the permitting task and $234,344 to the construction administration task, for a total of $286,042. The new contract total will be $2,769,038 and will ensure proper support from Jayson Architecture through construction completion of the new Downtown Library.

Below is a breakdown of architectural tasks/design phases by cost and status.

1. Conceptual Design Phase $ 158,386 Completed

2. Schematic Design Phase $ 280,070 Completed

3. Design Development Phase $ 493,854 Completed

4. Construction Documents Phase $ 983,870 Close to Completion

5. Regulatory Permitting $ 126,098 Close to Completion

6. Bid/RFP Support $ 97,966 Set to Begin 2026

7. Construction Administration $ 578,794 Underway (Phase I)

8. Reimbursable Expenses $ 24,000 Underway

9. Art Coordination Services $ 26,000 Underway
Total Contract $ 2,769,038
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) DETERMINATION: On June 26, 2012, City Council certified the CEQA Environmental Impact Report for the City’s General Plan 2030 (“General Plan EIR”). On November 14, 2017, the City Council certified a supplemental CEQA Environmental Impact Report for amendments to the Downtown Plan (“Downtown Specific Plan EIR”) to address additional environmental impacts specific to downtown development. On March 16, 2023, the City of Santa Cruz filed a CEQA Notice of

18.2 Exemption (“NOE”) for the DLAHP with both the Clerk of the Board for Santa Cruz County and the Office of Planning and Research. This NOE affirmed that the Project is exempt from further environmental review under CEQA. The approval of this First Amendment is consistent with the approvals for the Project, including the bases for determining the entirety of the Project activities are categorically exempt from CEQA.

HEALTH IN ALL POLICIES (HiAP): HiAP is a collaborative approach to improving the health of all people by incorporating health considerations into decision-making across sectors and policy areas. HiAP is based on 3 pillars: equity, public health, and sustainability. The goal of HiAP is to ensure that all decision-makers are informed about the health, equity, and sustainability impacts of various policy options during the policy development process. The DLAHP supports the pillar of equity by providing a destination public facility, childcare, commercial facility, and affordable residential rental units on a site in the City’s downtown urban core, in an area that is improved with sidewalks and street trees near public transportation, commercial goods and services, and recreational areas.

With its downtown location, creation of the Project encourages a sustainable and healthy lifestyle by allowing residents to walk, cycle, and ride to the job center and commercial uses in the downtown vicinity and encourages accessible public transportation options. By providing 100% affordable rental apartments, this will not only help the City with a more sustainable supply of rental housing but will also help create a more inclusive equitable 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 FISCAL IMPACT DESCRIPTION: The approved capital improvement project budget for the Downtown Library Affordable Housing Project (c512002) is sufficient for this contract First Amendment, in the amount of $286,042. The contract total with Jayson Architecture will be $2,769,038, of which $1,988,631 has been expended through September 2025 to complete the construction design documents.

Prepared By:

Brian W. Borguno
Development Manager
Submitted By:

Bonnie Lipscomb
Deputy City Manager
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. JAYSON ARCHITECTURE DRAFT CONTRACT AMENDMENT.DOCX

18.3 City of Santa Cruz First Amendment to Professional Services Agreement for Downtown Library Project Master Architect May 2024 Page 1

FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH Jayson Architecture P.C.

THIS First AMENDMENT (“First Amendment”), effective as of __________, 2025, (“effective date”) to the PROFESSIONAL SERVICES AGREEMENT dated November 29th, 2021, is made by and between the CITY OF SANTA CRUZ (“City”) and Jayson Architecture P.C. (“Consultant”). City and Consultant may be referred to individually as a “Party” and collectively, as the “Parties.”

RECITALS
WHEREAS, City and Consultant have previously entered into that certain Professional Services Agreement (“Agreement”) dated November 29th, 2021, incorporated herein by this reference; WHEREAS, City and Consultant previously executed Change Order number one (CO#1) on 3/22/2022 with no change to the total contract amount adjusting the phase totals only.

WHEREAS, City and Consultant previously executed Change Order number two (CO#2) on 9/18/2023 to add additional funds to support new scope of work in the construction design phase, bid support phase and addition of art coordination services along with a schedule extension and to revise the contract amount from $2,289,549 to $2,482,996.

WHEREAS, City and Consultant previously executed Change Order number three (CO#3) on 8/13/2024 to accommodate structural design of the mezzanine stairs in coordination with the core and shell architect on the project with no change to the total contract amount adjusting the phase totals only .

WHEREAS, City and Consultant desire to enter into this First Amendment to the Agreement to execute change order number four (CO#4) to accommodate additional scope and time for the permit phase and construction administration phase and revise the total contract amount from $2,482,996 to $2,769,038 incorporating CO#1, CO#2, and CO#3 as specified herein.

AGREEMENT
NOW, THEREFORE, it is agreed between the Parties to incorporate the above Recitals hereto, and that the Agreement is hereby amended as follows:

Section 4 of the Agreement is hereby amended to revise/add to the prior budget amount and Fee Schedule in Exhibit B of the Agreement with the added Fee Schedules attached hereto as Exhibit A and incorporated herein. The new not to exceed budget amount is in the amount of $2,769,038.

Section 7 of the Agreement is hereby amended to revise the prior Work Schedule in Exhibit C of the Agreement with the amended Work Schedule from Exhibit A.

Notwithstanding these amended terms of the original Agreement by this First Amendment, all other applicable terms and conditions of the original Agreement and attachments shall remain in full force and effect. The terms of this First Amendment shall control if any conflict exists.

18.4 City of Santa Cruz First Amendment to Professional Services Agreement for Downtown Library Project Master Architect May 2024 Page 2
Each party acknowledges that it has reviewed this First Amendment 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 First Amendment.

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

The Parties may execute this First Amendment 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.

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

18.5 City of Santa Cruz First Amendment to Professional Services Agreement for Downtown Library Project Master Architect May 2024 Page 3
IN WITNESS WHEREOF, the City and the Consultant have executed this First Amendment effective as of the date first written above.

Signature Requirements for Corporation:

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: ___________
________________ Office of the City Attorney

CONSULTANT- GRIFFIN STRUCTURES, INC
By: ______________________________ Date: __________________ Printed: Abraham Jayson Title: Principal | Architect

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

18.6 City of Santa Cruz First Amendment to Professional Services Agreement for Downtown Library Project Master Architect May 2024 Page 4

EXHIBIT A
<to be inserted>

18.7 Brittany Inclan
From: Judi Grunstra <[email protected]>
Sent: Friday, November 14, 2025 3:52 PM
To: City Council
Subject: Consent agenda 18
Dear Mayor and Council:

On page 2 of the 3-page staff report regarding additional money for Jayson Architecture's' work on the downtown library, please clarify the following:
"Staff will provide an update to the City Council on the full project progress including timeline and budget milestones by the end of November."
Since the end of November is fast approaching, I am wondering when City Council will receive this information.

Will the Council be holding another meeting in late November at which the timeline and budget will be presented? A special meeting? It is long overdue for the public to learn about the full budget for the library, i.e. the final pricetag.

Thank you.

Judi Grunstra

18.8 City Council

AGENDA REPORT
DATE: 10/30/2025
AGENDA OF: 11/18/2025
DEPARTMENT: Fire/Police
SUBJECT: Fiscal Year (FY) 2025 Development Impact Fee Annual Reports for Public Safety Impact Fees CEQA: Exempt 15061(b)(3) and 15306 (FD/PD) LOCATION: Citywide
RECOMMENDATION: Motion to accept and approve the attached FY 2025 Development Impact Fee Annual Report for the Public Safety Impact Fees.

BACKGROUND:

Annual Report. On April 27, 2021, the City Council adopted Ordinance No. 2021-11 Public Safety Impact Fees (PSIF) as Santa Cruz Municipal Code, Chapter 18.49. The ordinance allows fees to be collected on a building permit for new development to maintain acceptable levels of police and fire services by paying its fair share for the cost of public safety facilities, apparatuses, vehicles, and equipment necessitated by the burdens of new development within the city. The fees were effective as of June 26, 2021.

California Government Code Section 66006 requires annual reporting requirements for development impact fees to occur within 180 days after the close of the fiscal year and includes specific reporting requirements as more fully described in the attached Fiscal Year (FY) 2025 Development Impact Fee Annual Reports for Public Safety Impact Fee.

Government Code Section 66006 also requires that the City produce a report on the developer impact fees and make it available to the public at least 15 days prior to the regularly scheduled City Council meeting. In addition, for anyone who provided a written request to be notified, the City shall mail notice of the time and place of the meeting at least 15 days prior to the meeting. The report will be available for public viewing at both the Fire and Police Department counters from November 18, 2025 through the end of January 2026.

Nexus Study. In November 2023, the City contracted with Finance DTA (DTA) to review and update the Public Safety Impact Fees (PSIFs), focusing on demographic assumptions, facility needs and costs, cost allocation, and the City’s PSIF fee schedule. At the November 14, 2023, City Council meeting, staff were directed to explore the applicability of PSIFs to 100 percent affordable housing projects. Subsequently, at its December 10, 2024, meeting, the City Council unanimously approved a motion to eliminate the Municipal Code exemption of PSIFs for 100

19.1 percent affordable housing projects and Accessory Dwelling Units (ADUs) of 750 square feet or greater.

DTA’s analysis reveals that the City’s existing public safety infrastructure, including facilities, vehicles, equipment, and land, is insufficient to meet the anticipated demands driven by population and employment growth. The study identifies significant future needs for expanded or upgraded public safety facilities and assets to maintain existing service levels and confirms that the current PSIFs no longer align with the rising costs of infrastructure improvements or the allocation of these costs among new developments. Calculations based on Equivalent Dwelling Units (EDUs) demonstrated that both residential and non-residential developments will place additional strain on the City’s resources. The study also highlights a revenue gap that must be addressed to ensure new development pays its fair share to adequately fund future public safety infrastructure.

To provide a reliable funding mechanism that supports the City’s growing infrastructure needs while promoting fairness across all development types, DTA recommends that the City:
 Update its PSIF to reflect the maximum allowable fees and maintain a two percent administrative fee.
 Revise the fee schedule structure to:

1. Combine single-family detached and multi-family land use categories, removing the maximum fee ceilings, and calculating fees based on square footage rather than per unit;

2. Redefine the commercial land use category to include retail and add an institutional land use category to capture potential developments that involve private hospitals and schools, rehabilitation centers, retirement homes, etc.; and

3. Calculate fees for hotels by the number of rooms instead of square feet.  Eliminate exemptions for 100 percent affordable housing projects and ADUs 750 square feet or greater.
 Adopt a traditional standards-based (level of service) methodology approach to generate impact fees rather than the current combination of standards-based and plan-based.  Maintain an annual cost escalator to the PSIFs using the California Construction Cost Index (CCCI) to account for inflation in acquisition and construction costs. o City staff recommended maintaining an annual cost escalator for the PSIFs using the 20-City Construction Cost Index (CCI) instead of the DTA’s recommended CCCI, to preserve the current annual cost increase approach for the City’s impact fees (i.e., childcare and public safety).
 Update the Nexus Study at least every eight years, per State requirement, starting January 2025.

PSIF Fee Adoption. On April 22, 2025, the City Council adopted Resolution No. NS-30,478 approving the 2025 Public Safety Development Impact Fee Nexus Study and a new Public Safety Impact Fee Schedule for new residential and non-residential development at 100 percent of the proposed maximum allowable fee. The Public Safety Impact Fees went into effect on June 21, 2025.

19.2 June 26, 2021-June 20, 2025, PSIF Schedule (Includes 2.0% Administrative Cost) Land Use Police Fire Total
Single Family Detached (per SF) $0.574 $0.574 $1.148
Multi-Family (per SF) $0.986 $0.975 $1.961
Retail (per SF) $0.559 $0.551 $1.110
Office (per SF) $0.651 $0.644 $1.295
Industrial (per SF) $0.261 $0.257 $0.518
Hotel (per SF) $0.195 $0.193 $0.388
Adopted 2025 PSIF Schedule (Includes 2.0% Administrative Cost) Land Use Police Fire Total
Residential (per SF) $1.64 $1.82 $3.46
Hotel (per Room) $826.00 $915.00 $1,741.00
Commercial / Retail (per SF) $2.72 $3.02 $5.74
Office (per SF) $2.86 $3.17 $6.03
Industrial (per SF) $0.76 $0.84 $1.60
Institutional / Other (per SF) $2.33 $2.58 $4.91
DISCUSSION:

Fire Department and Police Department – PSIF. The Departments of Fire and Police will allocate the PSIF funds for new fire and police facilities, apparatuses, vehicles, and equipment to maintain acceptable levels of police and fire services necessitated by the burdens of new development within the city. PSIF Funds must be expended within five years of receipt.

From July 1, 2024, to June 30, 2025, the PSIF collected administrative fees and impact fees totaling:
 Public Safety Impact Fee – Police Fund (Fund 215): $194,515.08  Public Safety Impact Fee – Fire Fund (Fund 217): $190,908.56 As of October 8, 2025, the total PSIF approximate available balance:
 Public Safety Impact Fee – Police Fund (Fund 215): $330,937.80.  Public Safety Impact Fee – Fire Fund (Fund 217): $213,828.90 CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) DETERMINATION: This has no impact on the natural environment because it does not create any physical change to the environment. Therefore, it is not considered a project under CEQA. However, if it were considered a project, it would be exempt from review under the CEQA Guidelines Section 15061(b)(3) (known as the “Common Sense” exemption) in that it would not reasonably be seen to create a significant impact on the environment. It would also be exempt under Section 15306 (Information Collection) of the CEQA Guidelines in that it relates to analysis and provision of information to the Council.

HEALTH IN ALL POLICIES (HiAP): The goal of Health in All Policies (HiAP) is to ensure that decision-makers are informed about the impacts on the three HiAP pillars of health, equity, and sustainability when reviewing projects and policy options. The PSIF directly supports the

19.3 City’s HiAP pillars of equity public health by providing dedicated City funding to sustain essential fire and police facilities, apparatuses, vehicles, and equipment to adequately and equitably serve existing and new residents and visitors and the community as a whole.

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 preparation of this report has no fiscal impact on the General Fund. The PSIF directly offset what would otherwise be General Fund expenditures.

Prepared By:

Catherine Brothers
Principal Management
Analyst
Megan Nutt
Principal Management
Analyst
Submitted By:

Bernie Escalante
Police Chief
Robert Oatey
Fire Chief
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. FY 2025 DEVELOPMENT IMPACT FEE ANNUAL REPORTS FOR PUBLIC SAFETY IMPACT FEE (POLICE FIRE).DOCX

19.4 CITY OF SANTA CRUZ
FY 2025 Development Impact Fee Annual Reports for
Public Safety Impact Fee (Police & Fire) Fund
Government Code Section 66006(a) requires local agencies to produce an annual report within 180 days of the end of the fiscal year. The annual report must be made available to the public at the Planning and Community Development Department at least 15 days prior to the City Council meeting.

This report summarizes the following information for each of the development fee programs:

1. Description of fee

2. Amount of fee

3. Beginning and ending fund balances

4. Amount of fees collected and interest earned

5. The amount of refunds paid

6. Identification of projects on which fees were expended and the amount for each improvement that was expended

7. The total percentage of the cost of the public improvement that was funded with fees

8. The approximate date by which construction of the improvements will commence for any incomplete improvements for which sufficient funds to complete financing for the improvements have been collected

9. Description of each interfund transfer or loan made from the fund, if any The following fee programs are included in this report:
 Section A – Citywide Public Safety Impact Fee for Fire  Section B – Citywide Public Safety Impact Fee for Police

19.5 Section A – Citywide Public Safety Impact Fee for Fire 1 – Description: A Public Safety Impact Fee - Fire is assessed in connection with the issuance of certain development permits in the city as designated by City Council Resolution NS-29,813.

The fees were effective on June 26, 2021. The City’s General Plan includes objectives and policies to ensure adequate fire and police training and resources, as well as to maintain rapid and timely responses to all emergencies and services. A developer voluntarily choosing to create new development will place new, additional, and cumulatively overwhelming burdens on public safety services, a network of integrated services that serves existing and planned residential and non-residential development. New developments in the city will increase the service population, and therefore, the need for new fire and police facilities, apparatuses, vehicles, and equipment to adequately serve new residents and employees. In accordance with the General Plan, the fees shall be used to cover the costs associated with mitigating the impacts of fire and police services attributable to the development subject to the permit.
2 – Fee Amount: The Public Safety Impact Fee in FY 2025 was defined as:

Public Safety Impact Fee – Fire (Fund 217)
Cost Per Ft2
Residential Use Maximum per
Dwelling Unit July 1, 2024 January 1, 2025, with CCI Increase Single-Family $917.00
1,597 ft2 max
$0.574 $0.580
Multi-Family $678.00
$695 ft2 max
$0.975 $0.985
Commercial Use Cost Per
1,000 ft2 July 1, 2024 January 1, 2025,
with CCI Increase
Retail $557.00 $0.557 $0.557
Office $650.00 $0.650 $0.650
Industrial $260.00 $0.260 $0.260
Hotel $195.00 $0.195 $0.195
3 & 4 – Fund Balances, Fees Collected, & Interest Earned:

Total fees collected in FY 2025 for the Fire Impact Fee were $190,908.56.

Public Safety Impact Fee – Fire (Fund 217) – FY 2025 Account Balance Collections from 7/1/2024 to 6/30/2025 Accounts FY 2025 Account Balance Impact Fees 217-21-31-2207-46348 $187,107.05
Interest 217-00-00-0000-46110 $4,998.23
Unrealized Loss/Gain 217-00-00-0000-46115 $0.00
Bank Fees 217-00-00-0000-56790 $(64.29)
Administrative Fee 101-00-00-0000-46907 $3,801.51
Total $192,040.99

19.6 Public Safety Impact Fee – Fire (Fund 217) – Disbursements Disbursements
Administrative $0.00
Total Disbursements $0.00
% of Cost Funded NA
Public Safety Impact Fee – Fire (Fund 217) – Ending Balances by Fiscal Year*, ** Collections
FY22
Ending
6/30/22
FY23
Ending
6/30/23
FY24
Ending
6/30/24
FY25
Ending
6/30/25
Impact Fees
217-21-31-2207-46348 $16,313.67 $87,780.40 $17,701.23 $187,107.05 Interest
217-00-00-0000-46110 $46.00 $777.26 $3,904.51 $4,998.23 Unrealized Loss/Gain
217-00-00-0000-46115 $(275.37) $(1,039.18) $63.20 $0.00 Bank Fees
217-00-00-0000-56907 $0.00 $0.00 $0.00 $(64.29)
Administrative Fee
101-00-00-0000-46907 $328.78 $1,727.91 $303.10 $3,801.51 To General Fund
217-00-00-0000-59101 $0.00 $0.00 $(106,000.00) $0.00
Ending Available Balance $18,600.49 $106,118.97 $21,787.91 $213,828.90 * Ending Available Fund Balance is unaudited and is before consideration of remaining interest accrual. **Ending Balances were updated from the last report to account for interest earned/loss after the reporting date. 5 – Refunds: The refund amount in FY 2025 for Public Safety Impact Fee – Fire Fund was $0.00.
6 – Identification of Project on Which Fees Were Expended & Amount for Each Improvement Expended: Not applicable for FY 2025.
7 – Total Percentage of The Costs of The Public Improvement Funded with Fees: Not Applicable for FY 2025.
8 – Approximate Date by Which Construction of Improvements Will Commence: Not applicable for FY 2025.
9 – Interfund Transfer or Loan Made from Fund: Not applicable for FY 2025.

19.7 Section B – Citywide Public Safety Impact Fee for Police 1 – Description: A Public Safety Impact Fee - Police is assessed in connection with the issuance of certain development permits in the city, as designated by City Council Resolution NS-29,813.

The fees were effective on June 26, 2021. The City’s General Plan includes objectives and policies to ensure adequate fire and police training and resources, as well as to maintain rapid and timely responses to all emergencies and services. A developer voluntarily choosing to create new development will impose additional, cumulative, and overwhelming burdens on public safety services —a network of integrated services that serves existing and planned residential and non-residential development. New developments in the city will increase the service population, and therefore, the need for new fire and police facilities, apparatuses, vehicles, and equipment to adequately serve new residents and employees. In accordance with the General Plan, the fees shall be used to cover the costs associated with mitigating the impacts of fire and police services attributable to the development subject to the permit. 2 – Fee Amount: The Public Safety Impact Fee in FY 2025 was defined as:

Public Safety Impact Fee – Police (Fund 215)
Cost Per Ft2
Residential Use Maximum Per
Dwelling Unit
July 1, 2024 January 1, 2025,
with CCI Increase
Single-Family $917.00
1,597 ft2 max
$0.574 $0.580
Multi-Family $678.00
695 ft2 max
$0.986 $0.996
Cost Per Ft2
Commercial Use Cost Per
1,000 ft2
July 1, 2024 January 1, 2025,
with CCI Increase
Retail $564.00 $0.559 $0.565
Office $658.00 $0.651 $0.658
Industrial $264.00 $0.261 $0.264
Hotel $197.00 $0.195 $0.197
3 & 4 – Fund Balances, Fees Collected, & Interest Earned:

Total fees collected in FY 2025 for Police Impact Fee were $194,515.08.

Public Safety Impact Fee – Police (Fund 215) – FY 2025 Account Balance Collections from 7/1/2024 to 6/30/2025 Accounts FY 2025 Account Balance Impact Fees 215-20-22-2111-46349 $190,694.66
Interest 215-00-00-0000-46110 $9,532.54
Unrealized Loss/Gain 215-00-00-0000-46115 $0.00
Bank Fees 215-00-00-0000-56790 $(121.56)
Administrative Fee 101-00-00-0000-46908 $3,820.42
Total $200,105.64

19.8 Public Safety Impact Fee – Police (Fund 215) – Disbursements Disbursements
Administrative $0.00
Total Disbursements $0.00
% of Cost Funded NA
Public Safety Impact Fee – Police (Fund 215) – Ending Balances by Fiscal Year*, ** Collections
FY22
Ending
6/30/22
FY23
Ending
6/30/23
FY24
Ending
6/30/24
FY25
Ending
6/30/25
Impact Fees
215-20-22-2111-46349 $15,772.98 $89,843.72 $19,206.13 $190,694.66 Interest
215-00-00-0000-46110 $39.16 $783.48 $3,991.48 $9,532.54 Unrealized Loss/Gain
215-00-00-0000-46115 $(256.41) $(1,068.35) $(57.30) $0.00 Bank Fees
215-00-00-0000-56790 $0.00 $0.00 $0.00 $(121.56)
Administrative Fee
101-00-00-0000-46908 $336.62 $1,739.92 $290.33 $3,820.42 Ending Available Balance $18,132.73 $107,691.58 $130,832.16 $330,937.80 * Ending Available Fund Balance is unaudited and is before consideration of remaining interest accrual. **Ending Balances were updated from the last report to account for interest earned/loss after the reporting date. 5 – Refunds: The refund amount in FY 2025 for Public Safety Impact Fee – Police Fund was $0.00.
6 – Identification of Project on Which Fees Were Expended & Amount for Each Improvement Expended: Not applicable for FY 2025.
7 – Total Percentage of the Costs of the Public Improvement Funded with Fees: Not applicable for FY 2025.
8 – Approximate Date by Which Construction of Improvements Will Commence: Not applicable for FY 2025.
9 – Interfund Transfer or Loan Made from Fund: Not applicable for FY 2025.

19.9 City Council

AGENDA REPORT
DATE: 10/30/2025
AGENDA OF: 11/18/2025
DEPARTMENT: Finance
SUBJECT: Liability Claims Filed Against the City of Santa Cruz (FN) RECOMMENDATION: Motion to reject the liability claims of 1) Pacific Terrace HOA C/O King Management LLC, 2) David Turner and 3) Sonia Rodriguez, based on staff recommendation.

BACKGROUND: N/A
DISCUSSION: Claims to be rejected:

1. Claimant: Pacific Terrace HOA C/O King Management LLC Date of occurrence: 5/10/2025
Date of claim: 10/10/2025
Amount of claim: $ 16,627.33
Claimant seeks reimbursement for damaged plumbing allegedly resulting from water shutoff to the property by Fire Department.

Self-Represented

2. Claimant: David Turner
Date of occurrence: 9/24/2025
Date of claim: 10/13/2025
Amount of claim: Unspecified
Claimant seeks damages related to alleged violations of his civil rights.

Self-Represented

3. Claimant: Sonia Rodriguez
Date of occurrence: 4/15/2025
Date of claim: 10/15/2025
Amount of claim: $100,000,000
Claimant seeks damages for an alleged trip-and-fall on a sidewalk.

20.1 CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) DETERMINATION: N/A HEALTH IN ALL POLICIES (HiAP): N/A
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: No fiscal impact.

Prepared By:

Ross Brandon
Risk & Safety Manager
Submitted By:

Elizabeth Cabell
Finance Director
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

None.

20.2 City Council

AGENDA REPORT
DATE: 10/30/2025
AGENDA OF: 11/18/2025
DEPARTMENT: Human Resources
SUBJECT: Mid-Management Association of the City of Santa Cruz Memorandum of Understanding (HR) LOCATION: Citywide
RECOMMENDATION: Motion to adopt the successor Memorandum of Understanding for Mid-Management Association of the City of Santa Cruz effective October 28, 2025 through December 8, 2028.

BACKGROUND: On October 28, 2025 a Tentative Agreement on the successor MOU was brought to Council. The 2025 - 2028 Successor MOU in its entirety, including the changes as agreed upon, is now being provided to Council as a final administrative action.

The Memorandum of Understanding (MOU) with the Mid-Management Association (Union) expired on August 29, 2025. The Union and the City met and conferred in good faith in accordance with the Meyers-Milias-Brown Act regarding wages, hours, and other terms and conditions of employment. As a result, the Union and the City have reached a Tentative Agreement on a successor MOU.

As with other labor contracts, the approach to determining successor mid-management compensation is dependent upon: (1) market status or the latest market study; (2) the Consumer Price Index, San Francisco Bay Area (CPI-U); and (3) available funding. Several classifications determine the market status of the mid-management group. An analysis was completed in May 2025 using the same methodology as the 2021 Compensation Study. This analysis included updating the salary and benefit plan (total compensation) and shows the overall group being out of market by 3.11% for total compensation.

The Union and the City have been meeting and conferring on a successor MOU and have reached a Tentative Agreement. In summary, the major terms of the new MOU include the following:
1) Three-year term with the following cost of living adjustments 3% in year one, 4% in year two, 4% in year three
2) Payment of State Disability Insurance by employees
3) Extension of probationary term from six months to twelve months for new hire and rehire appointments

21.1 4) A new longevity step of 2% at 20 years of service 5) Addition of Cesar Chavez and clarification on use of Christmas and New Years Eve DISCUSSION: The 2025 - 2028 Successor MOU in its entirety including the changes as agreed is now being provided to Council as a final administrative action.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) DETERMINATION: Not applicable.

HEALTH IN ALL POLICIES (HiAP): Approval of the successor agreements for midmanagement addresses the public health pillar of HiAP by supporting operational continuity, ensuring stable leadership in managing essential City services and programs that directly affect community well-being.

FISCAL IMPACT:

1. The recommendation in this report impacts the General Fund: Yes

2. This recommendation requires a budget adjustment: Yes

3. The recommendation creates an on-going expenditure commitment: Yes FISCAL IMPACT DESCRIPTION: Additional appropriations to account for the cost of these compensation and benefit changes will be brought comprehensively to City Council in the FY 2026 midyear budget adjustment in February 2026.

Prepared By:

Sara De Leon
HR Director
Submitted By:

Sara De Leon
HR Director
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. RESOLUTION APPROVING SUCCESSOR MEMORANDUM OF UNDERSTANDING FOR MID MANAGEMENT ASSOCIATION .DOCX

2. MID MANAGERS CITY'S TOTAL PACKAGE TENTATIVE AGREEMENT PROPOSAL

3.PDF

3. MID MANAGERS TENTATIVE AGREEMENT 15.02.01 MEDICAL OR PERSONAL LEAVE.PDF

4. MID MANAGERS FINAL MOU REDLINE.PDF

5. MID MANAGERS TENTATIVE AGREEMENT 15.02.03 FAMILY LEAVE.PDF

6. MID MANAGERS TENTATIVE AGREEMENT 11.10 BILINGUAL PAY.PDF

7. MID MANAGERS FINAL MOU.PDF

21.2 RESOLUTION NO. NS-XX,XXX

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

SUCCESOR MEMORANDUM OF UNDERSTANDING WITH THE MID-MANAGEMENT

EMPLOYEE ASSOCIATION
WHEREAS, representatives of the City of Santa Cruz and Mid-Management Employee Association (Union) have met and conferred in good faith to bargain for a successor agreement; and
WHEREAS, the Tentative Agreement with the Union has been entered into by the respective parties on October 28, 2025 and duly ratified by the Union’s members; and WHEREAS, the terms of the successor Memorandum of Understanding are attached as Exhibit A;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Cruz as follows: The City Council hereby approves the successor Memorandum of Understanding for the Mid-Management Employee association effective October 28, 2025 and expiring December 8, 2028.

PASSED AND ADOPTED this 18th day of November, 2025 by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

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

21.3 4930-9411-2622 v2

SUCCESSOR MOU NEGOTIATIONS
Between

CITY OF SANTA CRUZ
And

CITY OF SANTA CRUZ MID-MANAGEMENT ASSOCIATION
CITY’S TOTAL PACKAGE TENTATIVE AGREEMENT PROPOSAL #3
SEPTEMBER 29, 2025
The City submits this Total Package Tentative Agreement Proposal #3 pursuant to ground rule 15.

A rejection of any one of the proposals set forth below will be deemed a rejection of the Total Package Proposal in its entirety. The City reserves the right to modify any of the below proposals based on any subsequent individual proposal or any additional subsequent Total Package Proposal.

1. TERM PROPOSAL

2.00 TERM
The term of this Memorandum of Understanding shall commence September 17, 2022Saturday, August 30, 2025, or when Council approves the successor MOU in open session, whichever is later, and shall expire on August 29Friday, December 8, 20285.

Negotiations for a successor MOU shall begin one hundred eighty (180) days prior to the expiration date of this agreement (February 28, 2025Sunday, June 11, 2028) or any other mutually agreed date.

Unless otherwise stated herein, all payroll related changes identified in this agreement will commence effective the pay period beginning Saturday, August 30, 2025, or the pay period when Council approves the successor MOU in open session, whichever is later.

2. SALARY PROPOSAL

11.05 Salary
Effective the pay period that begins August 30, 2025, or the pay period when Council approves the successor MOU in open session, whichever is later, the salary for all bargaining unit members shall be increased by three percent (3%).

The City will provide additional base salary increases for the following classifications: Urban Forester at 5% for a total of 8%; Superintendent of Parking Services at 2.5% for a total of 5.5%; Superintendent of Disposal at 2.5% for a total of 5.5%; Superintendent of Collections at 2.5% for a total of 5.5%; and Parking Program Manager at 3% for a total of 6%.

Docusign Envelope ID: A92E6E09-14C3-4A90-A8F1-A30C516C6017

21.4 4930-9411-2622 v2
Effective the pay period inclusive of August 30, 2026, the base salary for all bargaining unit members shall be increased by four percent (4%).

Effective the pay period inclusive of August 30, 2027, the base salary for all bargaining unit members will be increased by four percent (4%).

3. LONGEVITY PROPOSAL

11.06 Longevity
Upon completion of ten (10) years of continuous regular service employees shall receive a 2½% longevity pay increase. Longevity is calculated from the date of hire into a regular status position or a fully benefited special status position. It is understood that the 2½% longevity pay will be considered as "additional compensation" for purposes of PERS and tax computations.

Upon completion of fifteen (15) years of continuous regular service, employees shall receive an additional 2% longevity pay increase.

Effective the pay period that begins August 30, 2025, or the pay period when Council approves the successor MOU in open session, whichever is later, employees shall receive an additional two percent (2.0%) longevity pay increase upon completion of twenty (20) years of continuous regular service.

4. STATE DISABILITY INSURANCE PROPOSAL
New Section
Effective the pay period inclusive of August 30, 2026, the City will provide to represented employees CA SDI and STD Plan Option #9 (30 day EP to dovetail with LTD 90 day EP, 24-hour coverage). To cover the cost of SDI benefits, employees shall contribute 1% of their base salary through payroll deductions.

5. RETIREMENT PROPOSAL

11.04 Retirement

11.04.01 Employees Hired on or Before May 11, 2012 (Tier I) This section 11.04.01 shall apply to employees hired on or before May 11, 2012, who are contributing members of CalPERS.

A. Final Compensation Based on the Single Highest Year.

Docusign Envelope ID: A92E6E09-14C3-4A90-A8F1-A30C516C6017

21.5 4930-9411-2622 v2
For purposes of determining a retirement benefit, final compensation for employees covered by this section 11.04.01 shall be based on the single highest year.

B. 2.0% @ 55 Pension Formula.

The 2.0%@ 55 pension formula shall be available to all employees covered by this section 11.04.01 who are contributing members of CalPERS. Additionally, the City provides the Pre-Retirement Optional Settlement 2W Death Benefit to employees covered by this section 11.04.01.

C. Required Employee Contribution.

Members covered by this section 11.04.01 will contribute the employee contribution amount established by CalPERS for the 2.0% @ 55 pension formula.

The required contribution amount was 7.0% as of the date of this MOU.

D. Additional Required Employee Contribution.

In addition to the required employee contribution, starting with the pay period beginning on June 22, 2013 members covered by this section 11.04.01 will contribute an additional 4.0% (total 11% as of the date of this MOU).

11.04.02 Employees Hired On or After May 12, 2012 (Tier II) This section 11.04.02 shall apply to employees hired on or after May 12, 2012 and before January 1, 2013 who are contributing members of CalPERS.

A. Final Compensation Based on Three Year Average.

For purposes of determining a retirement benefit, final compensation for employees covered by this section 11.04.02 shall be based on the employee's highest threeyear average.

B. 2.0% @ 60 Pension Formula.

The 2.0% @ 60 pension formula shall be available to all employees covered by this section 11.04.02 who are contributing members of CalPERS. Additionally, the City provides the Pre-Retirement Optional Settlement 2W Death Benefit to employees covered by this section 11.04.02.

C. Required Employee Contribution.

Members covered by this section 11.04.02 will contribute the employee contribution amount established by CalPERS for the 2.0% @ 60 pension formula.

The required contribution amount was 7.0% as of the date of this MOU.

D. Additional Required Employee Contribution.

In addition to the required employee contribution, starting with the pay period beginning on June 22, 2013 members covered by this section 11.04.02 will contribute an additional 4.0% (total 11% as of the date of this MOU).

11.04.03 Employees Hired On or After January l, 2013 (Tier III) Docusign Envelope ID: A92E6E09-14C3-4A90-A8F1-A30C516C6017

21.6 4930-9411-2622 v2
This section 11.04.03 shall apply to employees hired on or after January 1, 2013 who are contributing members of CalPERS.

A. Final Compensation Based on Three Year Average.

For purposes of determining a retirement benefit, final compensation for employees covered by this section 11.04.03 shall be based on the employee's highest three-year average.

B. 2.0% @ 62 Pension Formula.

The 2.0% @ 62 pension formula shall be available to all employees covered by this section 11.04.03 who are contributing new members of CalPERS.

Additionally, the City provides the Pre-Retirement Optional Settlement 2W Death Benefit to employees covered by this section 11.04.03. Employees covered by this section 11.04.03 who are classic members as defined by CalPERS may be eligible for a different pension formula.

C. Required Employee Contribution.

Members covered by this section 11.04.03 will contribute the employee contribution amount established by CalPERS for their pension formula. The required contribution amount for the 2.0% @ 62 was 8.56.75% as of the date of this MOU.

In the event employee contribution rates are adjusted by CalPERS during the term of this MOU, the employee contribution will be recalculated based upon the updated required employee contribution rate established by CalPERS.

D. Additional Required Employee Contribution.

In addition to the required employee contribution, starting with the pay period beginning on June 22, 2013 members covered by this section 11.04.03 will contribute an additional 4.0% (total 12.510.75% as of the date of this MOU).

11.04.04 Retirement. All Employees
The City will maintain the IRS 414(h)(2) provision allowing employees to defer State and Federal income taxes on their CalPERS contributions.

6. HOLIDAYS PROPOSAL

12.01 Fixed Holidays
Employees within the unit shall have the following specific holidays with pay:

Eight (8)Twelve (12) 8 Hour Holidays
New Year’s Day
Martin Luther King’s Birthday
Docusign Envelope ID: A92E6E09-14C3-4A90-A8F1-A30C516C6017

21.7 4930-9411-2622 v2
Presidents’ Day
César Chavez Day
Memorial Day
Juneteenth
Independence Day
Labor Day
Veterans’ Day
Thanksgiving Day
Friday after Thanksgiving
Christmas Day
Four (4) 4 Hour Holidays
The last four (4) hours of the work shift are Holiday hours for Christmas Eve. (if Christmas is on a Tuesday–Saturday)
The last four (4) hours of the work shift are Holiday hours for New Year’s Eve. (if New Year’s Day is on a Tuesday–Saturday)
Except as provided for on Christmas Eve and New Year’s Eve, when a holiday falls on Sunday, the following Monday shall be observed. When a holiday falls on Saturday, the proceeding Friday shall be observed.

7. PERFORMANCE EVALUATION PROPOSAL

10.02 Performance Evaluations
It is compulsory that all regular employees receive an annual written performance evaluation from their supervisor. Probationary employees will be evaluated at the completion of their third and sixth month of service. For original and re-hire appointments, employees will receive an informal evaluation at their third month of service and a formal written evaluation at six and twelve months of service. All regular employees will be evaluated annually on their merit review date.

Evaluations are intended to be a summary of the employee’s performance over the course of the evaluation period. Evaluations are also to be used as a tool to motivate the employee to work at their highest capacity and to communicate and document the employee’s level of performance. To this end, the supervisor and the employee will meet and discuss work responsibilities, job standards and objectives, review progress and plan for the employee’s future development prior to the evaluation being placed in the employee’s personnel file. Whenever possible, employees will be given their written evaluation five (5) days prior to the performance evaluation meeting.

Any additions, corrections, deletions or changes on the original evaluation form require initialing by both the maker of the amendment and the employee to indicate that the changes have been discussed and understood. No evaluation shall be made on hearsay statements. Employees may also choose to discuss performance evaluations with their department head and/or the Human Resources Director and formally enter a response to the evaluation in their personnel file.

Disputes regarding performance reviews shall not be subject to the grievance process.

Docusign Envelope ID: A92E6E09-14C3-4A90-A8F1-A30C516C6017

21.8 4930-9411-2622 v2

8. PROBATION PROPOSAL

10.03.01 Probationary Period
All original and re-hire appointments shall be subject to a probationary period of twelve (12) months. Successful completion of the six-month evaluation of an original and rehire appointment qualify for a merit increase. Promotional appointments shall be subject to a probationary period of six (6) months at which they qualify for a merit increase.

Any time spent by an employee on paid or unpaid leave exceeding five (5) consecutive workdays shall not be counted as qualifying service toward completion of the probationary period. If the probationary period is interrupted by paid or unpaid leave or absence of five (5) consecutive workdays or more, the probationary period shall be extended by the duration of such absence, equal to the number of consecutive workdays the employee was on leave. However, paid leave time for vacation, sick time, legally required jury or witness duty, and/or holiday leave shall not extend an employee’s probationary period.

10.03.02 Objective of Probationary Period
The probationary period shall be regarded as part of the selection process and shall be utilized for training the new employee on work assignments and standards, and observing and evaluating the employee’s performance.

10.03.03 Rejection of Probationary Employee
During the probationary period, an employee may be rejected at any time by the appointing authority without the right of appeal. Notification of rejection shall be served to the probationary employee in writing.

Any promoted employee who is rejected during the probationary period shall be reinstated to the position from which promotion occurred; unless the rejection is due to discharge in which case no reinstatement shall occur.

10.03.04 Extension of Probation
All efforts will be made to sufficiently evaluate the probationary employee during the assigned period. An extension of the probationary period may, however, be recommended by the appointing authority and approved by the Human Resources Director when good cause exists.

Such extensions shall be for a specific period of time, not to exceed six (6) months for original hire and re-hire appointments and not to exceed three (3) months for promotional appointments. The employee shall be informed in writing of the reasons for the period of the extension at least seven (7) calendar days prior to the scheduled end of the probationary period.

9. TENTATIVE AGREEMENTS
Docusign Envelope ID: A92E6E09-14C3-4A90-A8F1-A30C516C6017

21.9 4930-9411-2622 v2
Individual Tentative Agreements: The Parties also mutually agree to incorporate the individual tentative agreements signed by their respective bargaining teams during these negotiations for a successor MOU, pursuant to ground rule 15. All proposals exchanged by the Parties that are not included in a signed tentative agreement are hereby withdrawn.

For the City of Santa Cruz For the Mid-Management Association of the City of Santa Cruz
________________________________
Sara De Leon, Lead Negotiator
Date:
____________________________________
Michael Moore, Lead Negotiator
Date:
________________________________
Timothy L. Davis, Co-Lead Negotiator
Date:
____________________________________
Rome P. Norman, OE3 Vice President
Date:

Docusign Envelope ID: A92E6E09-14C3-4A90-A8F1-A30C516C6017 9/30/2025
9/30/2025
9/30/2025
10/3/2025

21.10 4926-2020-2072 v1

SUCCESSOR MOU NEGOTIATIONS
Between

CITY OF SANTA CRUZ
And

CITY OF SANTA CRUZ MID-MANAGEMENT ASSOCIATION
TENTATIVE AGREEMENT – SECTION 15.02.01 MEDICAL OR PERSONAL LEAVE July 28, 2025
TENTATIVE AGREEMENT PURSUANT TO GROUND RULE 15

15.02.01 Medical or Personal LeaveLeave Without Pay
Leave of absence without pay may be granted to an employee in a case of extended illness or disability, personal emergency or other situation where such absence would not be contrary to the best interests of the City.  Such unpaid leave will only be granted after an employee has depleted all appropriate paid leaves.., except that employees on medical leave may retain up to eighty (80) hours of accrued vacation and employees on Military Leave pursuant to Section

15.01.03 are not subject to the leave depletion requirement.

The department head may grant a leave of absence of up to thirty (30) consecutive calendar days; additional leave may only be granted by the City Manager.  No vacation, holidays, sick leave, or any other paid benefit shall be accrued or earned during such leave.  All requests for unpaid leaves of absence must be made in writing and include specific begin and end dates for the leave.

For the City of Santa Cruz For the Mid-Management Association of the City of Santa Cruz
________________________________
Sara De Leon , Lead Negotiator
Date:
____________________________________
Michael Moore, Lead Negotiator
Date:
________________________________
Timothy L. Davis, Co-Lead Negotiator
Date:
____________________________________
Rome P. Norman, OE3 Vice President
Date:

Docusign Envelope ID: 141DE8CA-9B28-47F5-B4B5-1B81BD5D867B 8/29/2025
8/5/2025
8/4/2025
8/5/2025

21.11 4926
-2020-2072 v1
Docusign Envelope ID: 141DE8CA-9B28-47F5-B4B5-1B81BD5D867B

21.12 20225–20258

MEMORANDUM OF UNDERSTANDING

CITY OF SANTA CRUZ
AND

THE MID-MANAGEMENT ASSOCIATION OF THE CITY OF SANTA CRUZ (September 17, 2022 to August 29, 2025October 25, 2025 to December 8, 2028)

21.13 2

MEMORANDUM OF UNDERSTANDING

CITY OF SANTA CRUZ AND

MID-MANAGEMENT ASSOCIATION OF THE CITY OF SANTA CRUZ
September 17, 2022 – August 29, 2025
October 25, 2025 – December 8, 2028

TABLE OF CONTENTS

SECTION TITLE PA GE
SECTION 1.00 PREAMBLE ................................................................................................................... 6 SECTION 2.00 TERM .............................................................................................................................. 6 SECTION 3.00 NO ABROGATION OF RIGHTS ................................................................................... 6 SECTION 4.00 EMPLOYEE RIGHTS .................................................................................................... 6 SECTION 5.00 RECOGNITION ............................................................................................................. 6 SECTION 6.00 ASSOCIATION/CITY COOPERATION ................................................................... 7 SECTION 7.00 JOB ACTIONS................................................................................................................ 7 SECTION 8.00 NO DISCRIMINATION/RESPECTFUL WORKPLACE CONDUCT ......................... 7 SECTION 9.00 ASSOCIATION SECURITY .......................................................................................... 7

9.01 NOTIFICATION TO ASSOCIATION ................................................................. 7

9.02 BULLETIN BOARDS, DEPARTMENTAL MAIL, AND EMAIL..................... 7

9.03 PAYROLL DEDUCTION ................................................................................... 7

9.03.01 PAYROLL DEDUCTION .................................................................... 7

9.03.02 ASSOCIATION’S CERTIFICATION .................................................. 8

9.04 INDEMNIFICATION ................................................................................................. 8

9.05 LIST OF MID-MANAGEMENT POSITIONS ................................................... 9 SECTION 10.00 PERSONNEL ACTIONS ........................................................................................ 9

10.01 PERSONNEL FILES ............................................................................ 9

10.02 PERFORMANCE EVALUATIONS .......................................................... 9

10.02.01 LATE EVALUATIONS ...................................................... 9

10.03 PROBATION ..................................................................................................... 10

10.03.01 PROBATIONARY PERIOD ........................................................ 10

10.03.02 OBJECTIVE OF PROBATIONARY PERIOD ............................ 10

10.03.03 REJECTION OF PROBATIONARY EMPLOYEE ..................... 10

10.03.04 EXTENSION OF PROBATION .................................................. 10

10.04 ALTERNATE SCHEDULES/FLEX TIME ..................................................... 101 SECTION 11.00 PAY RATES AND PRACTICES .................................................................................. 11

11.01 SALARY RANGE ............................................................................................. 11

11.02 SALARY RATES UPON APPOINTMENT ...................................................... 11

11.03 ADVANCEMENT WITHIN THE RANGE ........................................................................ 11

11.04 RETIREMENT .................................................................................................. 12

11.04.01 EMPLOYEES HIRED ON OR BEFORE
May 11, 2012 (Tier I) .................................................................... 12

11.04.02 EMPLOYEES HIRED ON OR AFTER
May 12, 2012 (Tier II) .................................................................. 13

11.04.03 EMPLOYEES HIRED ON OR AFTER
January 1, 2013 (Tier III) .............................................................. 13

11.04.04 RETIREMENT, ALL EMPLOYEES ........................................... 14

21.14 3

SECTION TITLE PA GE

11.05 SALARY ............................................................................................................ 14

11.06 LONGEVITY ..................................................................................................... 14

11.07 WORKING OUT OF CLASSIFICATION PAY DIFFERENTIAL ................... 15

11.08 OVERPAYMENTS AND REPAYMENT OF FUNDS .................................. .15

11.09 DEPARTMENTAL TECHNOLOGY COORDINATOR DIFFERENTIAL ...... 16

11.10 BILINGUAL PAY..............................................................................................16 SECTION 12.00 HOLIDAYS ................................................................................................................... 16

12.01 FIXED HOLIDAYS ........................................................................................... 17

12.02 FLOATING HOLIDAYS ................................................................................... 17

12.03 HOLIDAY ON REGULAR DAY OFF ............................................................ 187

12.04 HOLIDAYS DURING VACATION .................................................................. 18

12.05 HOLIDAY PAY-OFF ......................................................................................... 18

12.06 ELIGIBILITY .................................................................................................... 18

12.07 HOLIDAY WORK ............................................................................................. 18 SECTION 13.00 VACATION ........................................................................................................... 18

13.01 ACCRUAL......................................................................................................... 18

13.02 VACATION ACCRUAL LIMIT ...................................................................... 189

13.03 ILLNESS DURING VACATION ...................................................................... 19

13.04 SPECIAL RECRUITMENT CIRCUMSTANCES ............................................ 19

13.05 REQUIRED WORK DURING VACATION.................................................... 19 SECTION 14.00 SICK LEAVE ............................................................................................................... 19

14.01 DEFINITION .............................................................................................. 19

14.02 ACCRUAL AND USE ....................................................................................... 20

14.02.01 FAMILY SICK LEAVE ............................................................... 20

14.03 LIMITATIONS ................................................................................................... 21

14.04 SICK LEAVE INCENTIVE PROGRAM .......................................................... 21

14.04.01 SICK LEAVE CONVERSION ..................................................... 22

14.05 PERSONAL BUSINESS LEAVE ....................................................................... 22 SECTION 15.00 LEAVES OF ABSENCE ............................................................................... 22

15.01 PAID LEAVES OF ABSENCE ..................................................................... 22

15.01.01 BEREAVEMENT LEAVE ...................................................... 22

15.01.02 JURY DUTY......................................................................... 223

15.01.03 MILITARY DUTY ................................................................. 23

15.01.04 WORKERS’ COMPENSATION ............................................. 23

15.01.05 PAID BIRTH/ADOPTIVE LEAVE ............................................. 23

15.01.06 ABSENCE FOR EXAMINATION ......................................... 23

15.02 UNPAID LEAVES OF ABSENCE .................................................................... 24

15.02.01 MEDICAL OR PERSONAL LEAVE .......................................... 24

15.02.02 PREGNANCY DISABILITY LEAVE ......................................... 24

15.02.03 FAMILY LEAVE ......................................................................... 24

15.03 CONTINUATION OF INSURANCE BENEFITS DURING
UNPAID LEAVES OF ABSENCE .................................................................... 26

15.03.01 PERSONAL LEAVE .................................................................... 26

15.03.02 MEDICAL LEAVE .................................................................... 276

21.15 4

15.03.03 FAMILY LEAVE ....................................................................... 276

SECTION TITLE PA GE
SECTION 16.00 BENEFITS ................................................................................................................... 27

16.01 MEDICAL BENEFITS ............................................................................... 27

16.02 DENTAL INSURANCE .................................................................................. 298

16.03 VISION INSURANCE ...................................................................................... 29

16.04 STATE DISABILITY INSURANCE................................................................ 29

16.045 LONG TERM DISABILITY ............................................................................. 29

16.056 PART-TIME EMPLOYEES ................................................................................ 29

16.067 RETIREE HEALTH PROGRAM .............................................................. 29

16.078 LIFE INSURANCE ........................................................................................... 30

16.089 PRINCIPAL DOMESTIC PARTNERS ............................................................ 30 SECTION 17.00 MID-MANAGEMENT BENEFITS ............................................................................. 30

17.01 MANAGEMENT VACATION .......................................................................... 30

17.02 OPTIONAL MANAGEMENT BENEFIT ......................................................... 31 SECTION 18.00 TUITION REIMBURSEMENT ................................................................................... 31 SECTION 19.00 TRAINING AND PROFESSIONAL DEVELOPMENT ........................................... 31 SECTION 20.00 MEMBERSHIPS AND LICENSES ........................................................................... 321 SECTION 21.00 COMMUNICATIONS .................................................................................................. 32 SECTION 22.00 SAFETY ....................................................................................................................... 32 SECTION 23.00 BUDGET REVIEW ..................................................................................................... 32 SECTION 24.00 REDUCTION IN FORCE ............................................................................................ 32

24.01 BUMPING ...................................................................................................... 332

24.02 NOTICE ............................................................................................................ 33

24.03 REASSIGNMENT ............................................................................................ 33

24.04 REINSTATEMENT .......................................................................................... 33 SECTION 25.00 GRIEVANCE PROCEDURE ....................................................................................... 33

25.01 PURPOSE ................................................................................................33

25.02 DEFINITION .............................................................................................. 33

25.03 LIMITATIONS ................................................................................................... 33

25.04 PROCEDURES ................................................................................................. 34 SECTION 26.00 DISCIPLINARY APPEALS PROCEDURE ........................................................... 35

26.01 DEFINITION .............................................................................................. 35

26.02 PRE-ACTION PROCEDURE ........................................................................... 35

26.03 POST-ACTION APPEAL ..........................................................................36 SECTION 27.00 WRITTEN REPRIMANDS ......................................................................................... 37 SECTION 28.00 MISCELLANEOUS ..................................................................................................... 37

28.01 AUTOMATIC DEPOSIT – NEW HIRES ......................................................... 37 SECTION 29.00 HOLIDAY CLOSURE ................................................................................. 37 SECTION 30.00 SEVERABILITY ....................................................................................................... 387

21.16 5
SIGNATURE PAGE ............................................................................................................................... 39 EXHIBIT A MID-MANAGEMENT CLASSIFICATIONS …………………………………………

SECTION TITLE PA GE
EXHIBIT B STATEMENT OF EQUAL EMPLOYMENT OPPORTUNITY AND NONDISCRIMINATION POLICY………………………………………………………….

EXHIBIT C DISCRIMINATORY HARASSMENT POLICY AND
COMPLAINT PROCEDURE..…………………………………………………………
EXHIBIT D RESPECTFUL WORKPLACE CONDUCT POLICY…………………………………

21.17 6
2022-2025

MEMORANDUM OF UNDERSTANDING

CITY OF SANTA CRUZ AND MID-MANAGEMENT ASSOCIATION

OF THE CITY OF SANTA CRUZ
SECTION 1.00 - PREAMBLE
This Memorandum of Understanding is entered into by the City of Santa Cruz (hereinafter referred to as the City) and the Mid-Management Association of the City of Santa Cruz (hereinafter referred to as the Association). Employee defined for the purpose of this Memorandum of Understanding shall mean an employee assigned to a classification within the Mid-Management unit of the City of Santa Cruz. This Memorandum of Understanding is subject to Sections 3500-3510 of the Government Code of the State of California, the City of Santa Cruz Municipal Code and the Personnel Rules and Regulations for the City of Santa Cruz.

SECTION 2.00 - TERM
The term of this Memorandum of Understanding shall commence September 17, 2022Saturday, August 30, 2025, or when Council approves the successor MOU in open session, whichever is later, and shall expire on August 29Friday, December 8, 20258.

Negotiations for a successor MOU shall begin one hundred eighty (180) days prior to the expiration date of this agreement (February 28, 2025)(Sunday, June 11, 2028) or any other mutually agreed date.

Unless otherwise stated herein, all payroll related changes identified in this agreement will commence effective the pay period beginning Saturday, August 30, 2025, or the pay period when Council approves the successor MOU in open session, whichever is later.

SECTION 3.00 - NO ABROGATION OF RIGHTS
The parties acknowledge that City responsibilities and rights as indicated in current Article I, Section 1 (Appendix A) of the City Personnel Rules and Regulations and all applicable State or Municipal laws are neither abrogated nor made subject to the meet and confer process by adoption of this Memorandum of Understanding.

It is agreed that except as specifically delegated, granted, or modified by this Memorandum of Understanding, all of the rights, power and authority the City had prior to the signing of this Memorandum of Understanding are retained by the City and remain the exclusive right of the City without limitation. Furthermore, these retained rights are not subject to any grievance or impasse procedure.

SECTION 4.00 - EMPLOYEE RIGHTS
The Association and the City acknowledge that, although the Association is the recognized unit including those classes specifically listed in Exhibit A, the rights of employees under this Memorandum of Understanding, State law, City rules and regulations and the City Charter are neither abrogated nor diminished by the adoption of this Memorandum of Understanding.

21.18 7
SECTION 5.00 - RECOGNITION
Pursuant to the Meyer-Milias-Brown Act and the City’s Personnel Rules and Regulations, the City has certified the Association as the recognized employee organization of the representation unit consisting of all full-time and part-time regular employees except those limited by the State law as reflected in Municipal Codes, resolutions or directives in the classifications specifically listed in Exhibit A attached hereto. This unit shall be titled the Mid-Management Association Unit.

SECTION 6.00 - ASSOCIATION/CITY COOPERATION
The Association recognizes that, in consideration of commitments made by the City to provide effective and efficient service to the citizens of Santa Cruz, there is an obligation upon unit employees to directly be involved with and support efforts to improve the methods and production of the various departments. Toward this goal, both the City and the Association agree to work cooperatively towards achieving a high level of effectiveness and efficiency.

SECTION 7.00 - JOB ACTIONS
The Association agrees not to permit, authorize or in any other manner, allow its members or those supervised to strike, slowdown, sick-in or engage in any work stoppage or other legal or illegal work or job action.

SECTION 8.00 - NO DISCRIMINATION/RESPECTFUL WORKPLACE CONDUCT The Association and the City agree to adhere to the City Council policies pertaining to the prevention of discrimination, harassment, and disrespectful workplace conduct as listed in Exhibits B, C, and D as well as applicable Federal and State discrimination laws.

SECTION 9.00 - ASSOCIATION SECURITY

9.01 Notification to Association
Except in cases of bona fide emergency, the Association shall be given seven (7) workdays advance written notification of any ordinance, rule, resolution or regulation directly relating to matters within the scope of representation proposed to be adopted by the City Council or City Administration and shall be given the opportunity to meet with the City representative prior to its adoption.

9.02 Bulletin Boards, Departmental Mail, and Email
The Association shall have reasonable access to existing bulletin boards and departmental mail for the purpose of informing mid-managers of social events or association-related business. The City shall allow the Association to utilize City e-mail consistent with applicable City policy.

9.03 Payroll Deduction

21.19 8

9.03.01 Payroll Deduction
The City shall deduct Association membership dues and any other mutually agreed-upon payroll deduction, to the extent permitted by law, from the monthly pay of each member employee. The Association will provide the City with information regarding the amount of dues deductions and the list of Association member employees who have affirmatively consented to or authorized dues deductions.

The City shall remit the deducted dues and any other mutually agreed payroll deduction, to the extent permitted by law, to the Association as soon as possible after the deduction.

The City agrees to direct each member employee to the Association with regard to any questions or concerns related to membership dues or any other mutually agreed payroll deduction, to the extent permitted by law.

The Association is responsible for providing the City with timely information regarding changes to member employees’ dues and any other lawful Association-related payroll deduction.

9.03.02 Association’s Certification
The City shall make payroll deductions in reliance on the Association’s certification certifying that the Association has and will maintain an authorization, signed by each member employee who affirmatively consents to pay Association membership dues.

Similarly, The City shall only cancel or modify any membership dues or any other mutually agreed payroll deduction, to the extent permitted by law, for any member employees in reliance on the information provided by the Association.

The City shall not request the Association to provide a copy of any member employees’ authorization unless a dispute arises about the existence or terms of the authorization.

9.04 Indemnification
The Association shall indemnify, defend, protect and hold harmless the City and its elected and appointed officials, officers, employees, officers and agents (collectively hereafter the “Indemnitees”) from and against any and all claims, liabilities, losses, damages, fines, penalties, claims, demands, suits, actions, causes of action, judgments, costs and expenses (including, but not limited to, reasonable attorneys’ fees and court costs) arising from the application of any provisions under Section 9.03, including, but not limited to, any claims made by any member employees for the membership dues deductions the City made in reliance on the Association’s certification, and any claims made by any member employees for any deduction cancellation or modification the City made in reliance on the information provided by the Association, provided that the City promptly notify the Association of any such matter for which it is seeking indemnification after the City has knowledge of the occurrence of such matter.

In the event any such action or proceeding is brought against the City by reason of any such claim, the Association, upon notice from the City, covenants to defend such action or proceeding

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by counsel reasonably satisfactory to the City. Further, the Association agrees to indemnify and hold harmless the Indemnitees for any loss or damage arising from the Association’s actions or inactions under Section 9.03. However, the Association shall have the exclusive right to direct counsel, control the defense of any action or proceeding, and determine whether any such action or proceeding shall or shall not be compromised, resisted, defended, tried or appealed on the premise and condition that the Association shall fully compensate for any monetary loss to the City based on the Association’s determination, if any.

9.05 List of Mid-Management Positions
The City will provide the Association a list or lists of Mid-Management positions by department on a quarterly basis. This information shall include the information required by AB119, the name of the position, their hire date, funding sources by percent, and the name of the person or persons occupying the position.

SECTION 10.00 - PERSONNEL ACTIONS

10.01 Personnel Files
There shall be only one official personnel file which shall be maintained in the City's Human Resources Department. Employees shall have the right to review their personnel file or authorize, in writing, review by their representative. No adverse material will be placed in an employee’s personnel file without prior notice and a copy given to the employee. Employees may cause to be placed in their personnel file responses to adverse material inserted therein.

10.02 Performance Evaluations
It is compulsory that all regular employees receive an annual written performance evaluation from their supervisor. Probationary employees will be evaluated at the completion of their third and sixth month of service. For original and re-hire appointments, employees will receive an informal evaluation at their third month of service and a formal written evaluation at six and twelve months of service. All regular employees will be evaluated annually on their merit review date.

Evaluations are intended to be a summary of the employee’s performance over the course of the evaluation period. Evaluations are also to be used as a tool to motivate the employee to work at their highest capacity and to communicate and document the employee’s level of performance.

To this end, the supervisor and the employee will meet and discuss work responsibilities, job standards and objectives, review progress and plan for the employee’s future development prior to the evaluation being placed in the employee’s personnel file. Whenever possible, employees will be given their written evaluation five (5) days prior to the performance evaluation meeting.

Any additions, corrections, deletions or changes on the original evaluation form require initialing by both the maker of the amendment and the employee to indicate that the changes have been discussed and understood. No evaluation shall be made on hearsay statements. Employees may also choose to discuss performance evaluations with their department head and/or the Human

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Resources Director and formally enter a response to the evaluation in their personnel file.

Disputes regarding performance reviews shall not be subject to the grievance process.

10.02.01 Late Evaluations
Failure of the supervisor to present the employee with the evaluation within sixty (60) calendar days of the due date, unless an extension is mutually agreed upon in writing, shall result in a recommendation of step advancement in the conjunction with Section 11.03-Advancement Within the Range. However, as soon as possible thereafter, the supervisor shall conduct a performance evaluation in accordance with Section 10.02-Performance Evaluations.

10.03 Probation

10.03.01 Probationary Period
All original, promotional and re-hire appointments shall be subject to a probationary period of six (6) monthstwelve (12) months. Successful completion of the six-month evaluation of an original and rehire appointment qualify for a merit increase. Promotional appointments shall be subject to a probationary period of six (6) months at which they qualify for a merit increase.

Any time spent by an employee on paid or unpaid status leave exceeding five (5) consecutive workdays shall not be counted as qualifying service toward completion of the probationary period. If the probationary period is interrupted by a paid or unpaid leave of absence of five (5) consecutive workdays or more, the probationary period shall be extended by the duration of such absence, equal to the number of consecutive workdays the employee was on leave. However, paid leave time for vacation, sick time, legally required jury or witness duty, and/or holiday leave shall not extend an employee’s probationary period.

10.03.02 Objective of Probationary Period
The probationary period shall be regarded as part of the selection process and shall be utilized for training the new employee on work assignments and standards, and observing and evaluating the employee’s performance.

10.03.03 Rejection of Probationary Employee
During the probationary period, an employee may be rejected at any time by the appointing authority without the right of appeal. Notification of rejection shall be served to the probationary employee in writing.

Any promoted employee who is rejected during the probationary period shall be reinstated to the position from which promotion occurred; unless the rejection is due to discharge in which case no reinstatement shall occur.

10.03.04 Extension of Probation

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All efforts will be made to sufficiently evaluate the probationary employee during the assigned period. An extension of the probationary period may, however, be recommended by the appointing authority and approved by the Human Resources Director when good cause exists.

Such extensions shall be for a specific period of time, not to exceed six (6) months for original hire and re-hire appointments and not to exceed three (3) months for promotional appointments.

The employee shall be informed in writing of the reasons for the period of the extension at least seven (7) calendar days prior to the scheduled end of the probationary period.

10.04 Alternate Schedules/Flex Time
The City acknowledges that there may be benefits both to the City and the employee in alternative schedules. Employees may request that their department heads consider alternate scheduling of their work. Examples of alternate schedules include flextime, job sharing, 9/80 and 4/10 plans, and voluntarily reduced work hours. The department head may give consideration to such requests within existing law and policy but is not obligated to change an employee’s schedule. Also included in the concept of alternative schedules and flex time are assignments such as job exchanges and other professional development and training techniques.

Employee requests for alternate schedules will be made in writing, on a form mutually agreeable to the Association and the City.

Rejection of an employee’s request for an alternative work schedule option shall be made in writing from the Department Head and shall cite the reason(s) for rejecting the request.

Remote schedules (working away from the office) shall be managed per applicable Administrative Procedure Order. The City may establish alternate/flex schedules and/or regularly scheduled remote by mutual agreement, within the guidelines of the MOU and existing law and policy.

APO #II-52 sets forth the time accounting parameters and procedures for FLSA Exempt Employees.

SECTION 11.00 - PAY RATES AND PRACTICES

11.01 Salary Range
Each classification in the unit shall be assigned a salary range that has a spread of approximately 30%.

11.02 Salary Rates Upon Appointment
New employees shall be hired at the beginning salary of the classification’s range, unless a higher starting salary is recommended by the appointing authority based on the employee’s advanced qualifications for the position and such recommendation is approved by the Human Resources Director and City Manager.

Promoted employees shall be appointed to the beginning salary in the range for the new

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classification. However, if such employee is already being paid at a rate equal to or higher than the beginning salary of the higher range, they shall be placed in the new range at 5% above their previous salary. A higher promotional salary may be recommended by the appointing authority based on an employee’s advanced qualifications for the position. Such recommendation is subject to approval by the Human Resources Director and the City Manager.

11.03 Advancement Within the Range
A. Advancement within a classification’s salary range shall normally be granted on the employee’s scheduled merit review date. Such advancements shall be based solely on meritorious job performance as documented by a satisfactory performance evaluation submitted by the department head and approved by the Human Resources Director B. All new and promoted employees shall be granted their first merit increase upon successful completion of the probationary period (see Section 10.03-Probation).

The employee shall then be eligible for a subsequent merit increase after each fullyear on paid status, continuing until the top of the salary range is attained.

C. Merit increases shall normally be 5%.

A double step may be recommended by the department head based on an employee’s exceptional performance as documented in their annual or end of probation performance evaluation. Such recommendation is subject to approval by the Human Resources Director and may be appealed to the City Manager (APO II-41).

D. A merit increase may be denied by the department head when an employee’s job performance falls below the acceptable work standards for the duties assigned. The department head may, in such a case, recommend that the employee’s work performance be reviewed again at a specific time before the next review date. If a merit increase is granted at that time, the employee’s original review date shall change and she/he shall be eligible for the next merit increase after one year on paid status from the new review date.

E. An employee’s scheduled merit review date shall be adjusted for any time spent by the employee on unpaid status.

F. When an employee’s position is reclassified to a classification with a higher salary range, the employee’s pay shall be set at the beginning salary of the range or be placed at a salary in the new range that provides the employee a salary increase of at least 5%. This increase shall have no effect on the employee’s original merit review date.

11.04 Retirement

11.04.01 Employees Hired on or Before May 11, 2012 (Tier I) This section 11.04.01 shall apply to employees hired on or before May 11, 2012, who are contributing members of CalPERS.

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A. Final Compensation Based on the Single Highest Year.

For purposes of determining a retirement benefit, final compensation for employees covered by this section 11.04.01 shall be based on the single highest year.

B. 2.0% @ 55 Pension Formula.

The 2.0% @ 55 pension formula shall be available to all employees covered by this section 11.04.01 who are contributing members of CalPERS. Additionally, the City provides the Pre-Retirement Optional Settlement 2W Death Benefit to employees covered by this section 11.04.01.

C. Required Employee Contribution.

Members covered by this section 11.04.01 will contribute the employee contribution amount established by CalPERS for the 2.0% @ 55 pension formula.

The required contribution amount was 7.0% as of the date of this MOU.

D. Additional Required Employee Contribution.

In addition to the required employee contribution, starting with the pay period beginning on June 22, 2013 members covered by this section 11.04.01 will contribute an additional 4.0% (total 11% as of the date of this MOU).

11.04.02 Employees Hired On or After May 12, 2012 (Tier II) This section 11.04.02 shall apply to employees hired on or after May 12, 2012 and before January 1, 2013 who are contributing members of CalPERS.

A. Final Compensation Based on Three Year Average.

For purposes of determining a retirement benefit, final compensation for employees covered by this section 11.04.02 shall be based on the employee’s highest three-year average.

B. 2.0% @ 60 Pension Formula.

The 2.0% @ 60 pension formula shall be available to all employees covered by this section 11.04.02 who are contributing members of CalPERS. Additionally, the City provides the Pre-Retirement Optional Settlement 2W Death Benefit to employees covered by this section 11.04.02.

C. Required Employee Contribution.

Members covered by this section 11.04.02 will contribute the employee contribution amount established by CalPERS for the 2.0% @ 60 pension formula.

The required contribution amount was 7.0% as of the date of this MOU.

D. Additional Required Employee Contribution.

In addition to the required employee contribution, starting with the pay period beginning on June 22, 2013 members covered by this section 11.04.02 will contribute an additional 4.0% (total 11% as of the date of this MOU).

11.04.03 Employees Hired On or After January 1, 2013 (Tier III)

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This section 11.04.03 shall apply to employees hired on or after January 1, 2013 who are contributing members of CalPERS.

A. Final Compensation Based on Three Year Average.

For purposes of determining a retirement benefit, final compensation for employees covered by this section 11.04.03 shall be based on the employee’s highest three-year average.

B. 2.0% @ 62 Pension Formula.

The 2.0% @ 62 pension formula shall be available to all employees covered by this section 11.04.03 who are contributing new members of CalPERS.

Additionally, the City provides the Pre-Retirement Optional Settlement 2W Death Benefit to employees covered by this section 11.04.03. Employees covered by this section 11.04.03 who are classic members as defined by CalPERS may be eligible for a different pension formula.

C. Required Employee Contribution.

Members covered by this section 11.04.03 will contribute the employee contribution amount established by CalPERS for their pension formula. The required contribution amount for the 2.0% @ 62 was 6.758.5% as of the date of this MOU.

In the event employee contribution rates are adjusted by CalPERS during the term of this MOU, the employee contribution will be recalculated based upon the updated required employee contribution rate established by CalPERS.

D. Additional Required Employee Contribution.

In addition to the required employee contribution, starting with the pay period beginning on June 22, 2013 members covered by this section 11.04.03 will contribute an additional 4.0% (total 10.7512.5% as of the date of this MOU).

11.04.04 Retirement, All Employees
The City will maintain the IRS 414(h)(2) provision allowing employees to defer State and Federal income taxes on their CalPERS contributions.

11.05 Salary
Effective the pay period that begins September 17, 2022August 30, 2025, or the pay period Council approves the successor MOU in open session, whichever is later, the salary for all bargaining unit members shall be increased by four percent (43.0%).

The City will provide additional base salary increases for the following classifications: Urban Forester at 5% for a total of 8%; Superintendent of Parking Services at 2.5% for a total of

5.5%; Superintendent of Disposal at 2.5% for a total of 5.5%; Superintendent of Collection at

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2.5% for a total of 5.5%; and Parking Program Manager at 3% for a total of 6%.

Effective the pay period that begins August 1930, 20236, the salary for all bargaining unit members shall be increased by threefour percent (34.0%).

Effective the pay period that begins August 1730, 20247, the salary for all bargaining unit members will be increased by fivefour percent (54.0%).

Effective the pay period that begins September 17, 2022, the bottom 5% of the salary range will be eliminated. Employees considered to be at the bottom step of the salary range will have their salary increased an additional 5%.

11.06 Longevity
Upon completion of ten (10) years of continuous regular service employees shall receive a 2½% longevity pay increase. Longevity is calculated from the date of hire into a regular status position or a fully benefited special status position. It is understood that the 2½% longevity pay will be considered as “additional compensation” for purposes of PERS and tax computations.

Upon completion of fifteen (15) years of continuous regular service employees shall receive an additional 2% longevity pay increase.

Effective the pay period that begins August 30, 2025, or the pay period when Council approves the successor MOU in open session, whichever is later, employees shall receive an additional two percent (2.0%) longevity pay increase upon completion of twenty (20) years of continuous regular service

11.07 Working Out of Classification Pay Differential
The term “working out of classification” is defined as a management authorized full-time assignment on a temporary basis of an employee in a lower classification to a budgeted higher classification. Assignments will be made by the Department Head or City Manager to qualified employees assuming a significant number of duties of the higher classified position. Whenever reasonably possible, prior to authorizing a working out of classification assignment the Department Head will inform qualified employees of the assignment and request volunteers. The Department may assign working out of classification on a rotational basis when the Department determines such rotational assignment would be appropriate. The purpose of rotation is to promote career ladder development. Employees must work a minimum of one (1), eight-hour day to qualify for out-of-classification pay.

The employee so assigned shall be entitled to receive five percent (5%) above the employee’s current base rate of pay or at least the first step of the higher salary range, whichever is higher.

Working out of class assignments may not exceed the limits set forth by the Public Employment Retirement Law.

Working out of class assignments shall be implemented and managed in accordance with applicable Administrative Procedure Orders (APOs) unless those APOs are inconsistent with this

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contract, in which case the assignments shall be implemented and managed in accordance with the terms of this contract.

In accordance with the Public Employees’ Pension Reform Act (PEPRA), working out of classification pay is not pensionable compensation for employees who are “New Members” of CalPERS, as defined by California Government Code Section 7522.04(f).

11.08 Overpayments and Repayment of Funds
The City will not attempt to recover overpayments made to employees as a result of an error made by the City which are over twelve (12) months old.

A. Overpayment
If an overpayment or unauthorized payment has been made to a City employee, the City shall notify the employee in writing and supply the employee with the documentation used to determine the overpayment.

If the employee contends that any portion or the entire amount is not owed, they may request a meeting with the City to attempt to resolve the disagreement. The employee may have a representative attend such meeting(s) with them.

B. Repayment of Funds
An employee will pay no penalties, fees or interest as a result of the overpayment when the City and employee mutually agree upon how the repayment will be made. The employee shall have the right to select one of the following options for repayment:

1. Lump sum payment with the date mutually established by the employee and the City (lump sum payments must be made if the total amount due is 5 percent or less than the employee’s biweekly gross salary).

2. Biweekly installment payments through payroll deduction (installment payments must be a minimum of $10 and repayment must be completed within twenty-six pay periods).

3. Any other repayment arrangement mutually agreed upon between the City and the employee.

The final agreement on the repayment will be committed to writing (including the lump sum payment date, or the biweekly amount and the beginning and ending date of the installment plan identified).

C. Referral to Collections
The City may refer an employee to a collection agency or seek payment only when the employee, after being duly notified of the overpayment and having had the opportunity to review the relevant documentation, refuses to agree to a repayment of the amount owed. The employee will be notified of the referral and the City reserves all its rights to seek repayment

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and pursue all remedies under law including interest as it would for any other debtor.

11.09 Departmental Technology Coordinator Differential
An employee assigned as a Departmental Technology Coordinator by his/her Department Head shall receive $60 premium pay per pay period during the period of such assignment. Such differential shall become effective the first full pay period of the assignment.

11.10 Bilingual Pay
The City shall provide payment of an additional $60 per pay period to an eligible employee when the City certifies an employee as qualified and the position requires the use of bilingual language skills. For purposes of this section, the City certifies an eemployee as qualified when the City confirms that an employee has the necessary bilingual language proficiency, which may be established through an examination or process, including but not limited to, passing a language proficiency examination, interviewing with a language panel, or certification or possession of credential(s) by a language services company or institution.

SECTION 12.00 - HOLIDAYS
Part-time employees shall receive the following holiday benefits on a pro-rated basis, given the ratio of their budgeted work schedule to full-time.

All employees will accrue paid holiday time for use in the pay period with the holiday. The accrual will be in the amount listed for the holidays listed in Section 12.01 (Fixed Holidays) of this MOU. Employees with any unpaid time in the pay period must be in paid status for at least 50% of the pay period to accrue paid holiday time.

Employees are required to use holiday leave on holidays they do not work, even if they are on leave or are sick. The use of vacation, compensatory time, excess holiday, or other leave time on holidays is only allowed to make up the difference between the hours of holiday granted and the amount of hours the employee is scheduled to work.

Employees are not allowed to use unpaid closure time on holidays during the City’s holiday closure.

12.01 Fixed Holidays
Employees within the unit shall have the following specific holidays with pay:

Eight (8)Twelve (12) 8 Hour Holidays
New Year’s Day

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Martin Luther King’s Birthday
Presidents’ Day
Cesar Chavez Day
Memorial Day
Juneteenth Day
Independence Day
Labor Day
Veterans’ Day
Thanksgiving Day
Friday after Thanksgiving
Christmas Day
Four (4) Hour Holidays
The last four (4) hours of the work shift are Holiday hours for Christmas Eve. (if Christmas is on a Tuesday–Saturday)
The last four (4) hours of the work shift are Holiday hours for New Year’s Eve. (if New Year’s Day is on a Tuesday–Saturday)
Except as provided for on Christmas Eve and New Year’s Eve, when a holiday falls on Sunday, the following Monday shall be observed. When a holiday falls on Saturday, the proceeding Friday shall be observed.

12.02 Floating Holidays
In addition to the above fixed holidays, employees shall accrue up to twenty-four (24) hours of floating holidays per fiscal year. Floating Holiday accrual will be on a monthly basis. Full-time employees shall accrue floating holidays at the rate of two (2) hours per month. Part-time employees shall accrue floating holidays on a pro-rated basis, given the ratio of their budgeted work schedule to full-time (e.g., all employees working in a 20 hour/week position shall receive one (1) hour of floating holiday each month).

Floating holidays may only be taken with prior approval. Upon separation, employees shall receive the value of their unused accrued Floating Holiday.

Accumulation of floating holidays shall not exceed twenty-four (24) hours.

12.03 Holiday on Regular Day Off
An employee whose regular day off falls on a fixed holiday shall receive equivalent holiday time off at a later date.

12.04 Holidays During Vacation

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Fixed holidays which occur while an employee is on paid vacation leave shall be charged to holiday hours and not the employee’s vacation balances.

12.05 Holiday Pay-Off
Any fixed holiday hours not taken prior to the end of the fiscal year may be credited to the employee’s vacation balance (not to exceed the maximum accrual) on the last pay date in June each year.

12.06 Eligibility
To qualify for holiday pay, an employee must be on paid status on his/her last scheduled work day before the holiday and his/her first scheduled work day after the holiday.

12.07 Holiday Work
If an employee is directed by their supervisor to work on a holiday, those holiday hours may be used at a later date during the fiscal year.

SECTION 13.00 - VACATION

13.01 Accrual
Vacation accrual will be on a monthly basis beginning at date of hire. Employees within the sixmonth probationary period may use accrued paid vacation upon approval of the department head; such time will not be counted as qualifying service toward completion of the probationary period.

An employee must be in paid status for at least 50% of a pay period to earn their vacation accrual.

Annual vacation accrual shall be based on continuous service, as follows:

Up to five (5) years: 80 Hours
Six (6) to ten (10) years: 120 Hours
Eleven (11) or more years: 120 Hours, plus 8 hours for each year of service after ten (10) years to a maximum of 160 hours.

13.02 Vacation Accrual Limit
Accumulation of vacation time shall not exceed three times the annual rate of accrual without prior written authorization for a specified amount of hours and specified length of time from the Department Head and the Human Resources Director. Accumulation of vacation time will revert to twice the annual rate of accrual on December 22, 2023.

13.03 Illness During Vacation
An employee who becomes ill or is hospitalized while on vacation and provides a written

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statement from a licensed medical practitioner to this effect shall have the period of illness charged against sick leave and not vacation leave.

13.04 Special Recruitment Circumstances
To facilitate the recruitment process of Mid-Management Classifications, the City Manager and the Human Resources Director may, at their discretion, set a higher Vacation Accrual Rate than specified in Section 13.01 and/or grant an advance Vacation Bank. Such rate shall not exceed the Vacation Accrual Rate or Maximum Accrual Amount that would apply if the applicant’s prior years of service were credited as City service.

13.05 Required Work During Vacation
An employee who is called to work while on vacation, either physically, by phone, or online, shall be entitled to charge the hours they worked while on vacation to normal work and not vacation leave, according to the provisions of APO II-52 Time Off Accounting for FLSA Exempt Employees.

SECTION 14.00 - SICK LEAVE

14.01 Definition
The purpose of this article is to provide paid leave time to be used by employees consistent with the Healthy Workplaces, Healthy Families Act of 2014 upon the oral or written request of the employee for the following purposes:

1. Diagnosis, care, or treatment of an existing health condition of, or preventive care for:
a. the employee or
b. the employee’s family member as defined in Section 14.02.01 Family Sick Leave

2. For an employee who is a victim, or whose family member is a victim, of domestic violence, sexual assault, or stalking for time off from work to:
a. obtain or attempt to obtain any relief, including, but not limited to, a temporary restraining order, restraining order, or other injunctive relief, to help ensure the health, safety, or welfare of the victim or their child; or b. to seek medical attention for injuries caused by domestic violence, sexual assault, or stalking; or
c. to obtain services from a domestic violence shelter, program, or rape crisis center as a result of domestic violence, sexual assault, or stalking; or d. to obtain psychological counseling related to an experience of domestic violence, sexual assault, or stalking; or
e. to participate in safety planning and take other actions to increase safety from future domestic violence, sexual assault, or stalking, including temporary or permanent relocation.
e.

14.02 Accrual and Use

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An employee must be on paid status for at least 50% of the working hours of a pay period to earn sick leave credit for that pay period.

Full-time employees shall accrue sick leave at the rate of eight (8) hours per month.

Part-time employees shall accrue sick leave on a pro-rated basis, given the ratio of their budgeted work schedule to full-time (e.g., all employees working in a 20 hour/week position shall receive four (4) hours of sick leave each month).

If the need for paid sick leave is foreseeable, the employee shall provide reasonable advance notification. If the need for paid sick leave is unforeseeable, the employee shall provide notice of the need for the leave as soon as practicable and provide documentation acceptable to the City confirming the unforeseeable nature of the need.

The City shall not require as a condition of using paid sick days that the employee search for or find a replacement worker to cover the days or times during which the employee uses paid sick days.

The City shall not deny an employee the right to use accrued sick days, discharge, threaten to discharge, demote, suspend, or in any manner discriminate against an employee for using accrued sick days or attempting to exercise the right to use accrued sick days, consistent with the reasons in Section 14.01, the notice and documentation requirements in Section 14.02, and the provisions of Section 14.02.01.

An employee may determine how much paid sick leave he or she needs to use, consistent with the provisions of Administrative Procedure Order II-52 Time Accounting for FLSA Exempt Employees.

14.02.01 Family Sick Leave
Up to six (6) months of annual accrual of accrued sick leave per fiscal year may be used when the employee’s personal attendance is required to care for a family member for preventive healthcare; diagnosis, care, or treatment of an existing health condition; or if they are a victim of domestic violence, sexual assault, or stalking. For the purposes of this provision, “family member” means any of the following:

A. A child, which for purposes of this article means a biological, adopted, or foster child, stepchild, legal ward, or a child to whom the employee stands in loco parentis. This definition of a child is applicable regardless of age or dependency status.

B. A biological, adoptive, or foster parent, stepparent, or legal guardian of an employee or the employee’s spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child.

C. A spouse.

D. A registered domestic partner.

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E. A grandparent.

F. A grandchild.

G. A sibling.

H. Other close relation residing in the employee’s household.

The accrual limitation may be extended by the Human Resources Director with good cause.

14.03 Limitations
A department head may require an employee to submit verification of an illness or injury from a licensed medical practitioner prior to any use of sick leave being authorized in cases where there is suspected misuse of sick leave.

In cases of chronic absenteeism or medical work restrictions, the Human Resources Director may have an employee examined by a City-selected physician in accordance with applicable law.

The City shall pay the cost of any such medical exam.

14.04 Sick Leave Incentive Program
On the last pay day in December each year, employees who have accumulated more than four hundred (400) hours of sick leave will “bank” all hours in excess of four hundred (400). Banked hours may not later be converted to cash or vacation and will be used as sick leave only when all other sick leave is exhausted. The City will notify employees at least two (2) weeks before banking excess hours of sick leave.

Employees may instead choose to receive a cash pay-off or convert sick-leave hours in excess of four hundred (400) to vacation hours at the rate of thirty three percent (33%) of their current base rate of pay (not to exceed the Vacation Accrual Limit described in MOU Section 13.02 Vacation Accrual Limit).

An employee who chooses to receive a cash pay-off must irrevocably elect by December 1st of the prior calendar year to receive any of the sick leave hours they will earn in excess of four hundred (400) in the following calendar year as cashable on the last pay day of the following calendar year. The employee’s irrevocable election must designate the amount of their accrued sick leave earned each pay period in excess of four hundred (400) hours that they wish to be subject to the irrevocable election for cash pay-off on the last pay day in the following calendar year.

Elections will not carry over from one calendar year to the next calendar year. Employees who do not make an irrevocable election by December 1st as described above will be deemed to have elected not to participate and will have all sick-leave hours accrued in excess of four hundred (400) in the following calendar year “banked” or converted to vacation on the last payday in the following calendar year and will be prohibited from receiving a cash-out.

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Unless they have made a prior-year irrevocable election as described above, employees who have an excess of four hundred (400) hours of unbanked sick leave at the time of separation from the City will receive a payoff of all hours over 400 hours at the rate of 33% of the employee’s base rate of pay.

14.04.01 Sick Leave Conversion
The City will provide the sick leave conversion benefit in accordance with Government Code Section 20965 at the rate of 0.004 years of service credit for each unused day of sick leave upon retirement.

14.05 Personal Business Leave
Employees may use up to twenty-four (24) hours per fiscal year of their accrued sick leave for the purpose of personal business. The scheduling and use of such leave is subject to the approval of the supervisor and shall only be authorized for non-recreational, business-related activities.

SECTION 15.00 - LEAVES OF ABSENCE
All leaves provided in this article shall be granted to full-time employees at the rates described.

Part-time employees shall receive paid leaves of absence on a pro-rated basis, given the ratio of their budgeted work schedule to full-time.

15.01 Paid Leaves of Absence

15.01.01 Bereavement Leave
The purpose of this section is to provide paid leave for employees when they are bereaved at the death of a family member and this loss has had a temporary effect on the employee’s ability to continue daily work performance.

A leave of absence with pay of up to forty (40) hours per incident may be granted an employee by the department head in the event of a death in the employee’s family which shall, for the purpose of this article, include spouse, child, parent, registered Principal Domestic Partner, sibling, grandparent, parent-in-law, grandchild of the employee, spouse or registered Principal Domestic Partner, child-in-law, grandparent-in-law or a close relation residing in the employee’s household. In rare cases when the individual has no other legal relationship than a foster or step parent, the Human Resources Director or City Manager has the discretion to approve that leave upon application.

15.01.02 Jury Duty
An employee required to report for jury duty or to answer a subpoena as a witness in their capacity as a City employee, shall be granted a leave of absence with pay for actual time spent in court and in related travel, not to exceed the number of hours in the employee’s normal work

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day and work week. An employee must notify their supervisor of the expected duration of the absence and must present to the department head official documents supporting such duty.

An employee shall reimburse the City for any jury services or witness fees received, except mileage or subsistence allowance. This section shall not apply to grand jury service.

15.01.03 Military Duty
An employee who is a member of the National Guard or any reserve component of the armed services of the U.S. shall be granted up to thirty (30) days per fiscal year of paid leave for any active duty scheduled during the employee’s regular work hours. The employee must give their supervisor forty-eight (48) hours advance notification of the need for such leave and must present a copy of the “notice” for such duty. All other military leaves shall be granted pursuant to relevant State and Federal statutes.

Employees who exhaust the paid leave benefits described above may take unpaid leave pursuant to Section 15.02.01 and are not required to use vacation or other similar leave.

15.01.04 Workers’ Compensation
An employee who is entitled to continued temporary disability payments may use accumulated paid leave to supplement such payments to an amount equal to their net salary. After depletion of any accrued paid leaves, the employee shall be eligible for benefits only in the amounts prescribed by the workers’ compensation laws.

The Association and the City recognize that work-related injuries/illnesses can often be prevented. Work-related injuries or illnesses shall be an ongoing agenda item for Citywide Safety Committee. Proactive, measures may be recommended by the Committee. The Committee will also make recommendations on appropriate way(s) of reviewing workers’ compensation claims.

15.01.05 Paid Birth/Adoptive Leave
An employee is entitled to forty (40) hours leave with pay at or about the time of the birth of the employee’s child or the placement of a child with the employee for adoption or foster care .

The paid leave shall be taken within twelve (12) months of the birth or placement for adoption or foster care. An employee may use this leave once per rolling twelve (12) month period measured backward from the start of the leave. This leave will be in addition to the time allotted to family leave as authorized in Section 15.02.03.

15.01.06 Absence for Examination
An employee shall be granted paid release time to participate in any part of an examination process for promotion or transfer within the City workforce that is scheduled during the employee’s regular hours of work. The employee shall notify their immediate supervisor twenty-four (24) hours in advance of such an absence.

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15.02 Unpaid Leaves of Absence

15.02.01 Medical or Personal LeaveLeave Without Pay
Leave of absence without pay may be granted to an employee in a case of extended illness or disability, personal emergency or other situation where such absence would not be contrary to the best interests of the City. Such unpaid leave will only be granted after an employee has depleted all appropriate paid leaves,. except that employees on medical leave may retain up to eighty (80) hours of accrued vacation and employees on Military Leave pursuant to Section

15.01.03 are not subject to the leave depletion requirement.

The department head may grant a leave of absence of up to thirty (30) consecutive calendar days; additional leave may only be granted by the City Manager. No vacation, holidays, sick leave, or any other paid benefit shall be accrued or earned during such leave. All requests for unpaid leaves of absence must be made in writing and include specific begin and end dates for the leave.

15.02.02 Pregnancy Disability Leave
An employee may take a leave of absence of up to four (4) months in length for the purpose of pregnancy disability leave. The employee must provide adequate medical certification regarding any work restrictions that may exist prior to or after the birth.

Requests for pregnancy disability leave must be made in writing to the department head at least thirty (30) days in advance of the anticipated starting date. Such requests must include specific begin and end dates for the leave. Starting dates should be as accurate as possible barring any unforeseen medical issues related to the pregnancy or earlier or later birth than anticipated.

Any requests for extension of pregnancy disability leave must be made in writing to the department head at least ten (10) calendar days prior to the scheduled end of the existing leave.

The employee may elect to use any accrued sick leave and vacation either before or after an approved pregnancy disability leave. No combination of pregnancy disability leave, family leave, sick leave or vacation may exceed one (1) year total or seven (7) months post-partum.

Any additional post-partum leave not to exceed one (1) year total, may be approved by the City Manager or their designee after consideration of the nature of the request and the operational needs of the department.

Upon return to work the employee shall be assigned to the same classification but not necessarily to the same department.

15.02.03 Family Leave
A. In accordance with the Federal Family and Medical Leave Act and the California Family Rights Act, the City will grant job protected unpaid family and medical leave to eligible employees for up to twelve (12) weeks, (continuous or cumulative), per rolling twelve (12) month period measured backward for any one or more of the following reasons:

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1. The birth of a child and in order to care for such child or the placement of a child with the employee for adoption or foster care including the child of the employee’s domestic partner (leave for this reason must be taken within the twelve (12) month period following the child’s birth or placement with the employee);
a. In any case in which both parents are employed by the City of Santa Cruz and are entitled to leave, the aggregate number of workweeks of leave to which both may be entitled is limited to twenty-four (24) workweeks during any twelve (12) month period if leave is taken for the birth or placement for adoption or foster care of the employee’s child or child of the employee’s domestic partner.

2. In order to care for a spouse, domestic partner, child, parent, parent-inlaw, grandparent, grandchild, or sibling of the employee who has a serious health condition;

3. The employee’s own serious health condition that makes the employee unable to perform any one or more of the essential functions of their position.

4. Military family leave which includes:
a. “Qualifying Exigency Leave” may be taken if the employee’s spouse, son, daughter, or parent is on covered active duty or called to covered active duty status in the Regular Armed Forces during deployment to a foreign country or in the National Guard and Reserves during deployment to a foreign country under a call or order in support of a contingency operation; qualifying exigencies may include short-notice deployment, attending certain military events, arranging for alternative childcare and school activities, addressing certain financial and legal arrangements, attending certain counseling sessions, rest and recuperations, and attending postdeployment reintegration briefings. b. “Military Caregiver Leave” of up to twenty-six (26) workweeks in a twelve (12) month period may be taken by an eligible employee who is the spouse, son, daughter, parent, or next of kin of a “covered servicemember”, in order to care for the covered servicemember with a serious illness or injury incurred or aggravated in the line of duty while on active military duty.

1. In any case in which both parents are employed by the City of Santa Cruz and are entitled to leave to care for a covered servicemember, the aggregate number of workweeks of leave to which both may be entitled is limited to twenty-six (26) workweeks during any twelve (12) month period.

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B. Conditions covering the leave shall include the following:

1. Eligible employee means having been employed by the City for twelve (12) months and having worked for at least one-thousand-two-hundredfifty (1,250) hours during the twelve (12) month period immediately preceding the commencement of the leave;

2. Medical verification is required for employees or ill family member for medical leave period;

3. Employees are required to give at least thirty (30) days written notice in the event of a foreseeable leave. In unexpected or unforeseeable situations, an employee should provide as much written notice as is practicable.

4. Employees are required to use accrued vacation as a part of the family leave period. Use of sick leave is not required but may be used pursuant to the applicable provisions of this Memorandum of Understanding.

5. Pregnancy disability is not covered under this section and is covered by the California Fair Employment and Housing Act which allows up to four (4) months of leave depending on the actual disability (see Section

15.02.02).

6.5. Employees retain “employee” status while on family care leave. The leave does not constitute a break in service for purposes of longevity, and/or seniority. Upon return to work, employees will be reinstated to an equivalent position with equivalent pay and benefits.

7.6. Any request for additional leave may be made pursuant to section

15.02.01. 8.7. Any other conditions or interpretations of this leave shall be based upon the Federal Family and Medical Leave Act and the California Family Rights Act.

15.03 Continuation of Insurance Benefits During Unpaid Leaves of Absence City-sponsored insurance benefits may be continued during unpaid leaves of absence under the following conditions:

15.03.01 Personal Leave
The City shall continue to pay benefit premiums during a personal leave of less than thirty (30) calendar days.

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For leaves of more than thirty (30) calendar days, employees may continue premium payments at their own cost, in accordance with appropriate PERS medical plan provisions.

15.03.02 Medical Leave
The City shall continue to pay benefit premiums during the entire length of a medical leave of absence including pregnancy disability leave.

15.03.03 Family Leave
Benefit premiums shall be made in accordance with the Federal Family and Medical Leave Act and the California Family Rights Act. Under the current law, the City will continue to maintain coverage under the same conditions as coverage would have been provided if the employee had been continuously employed during the leave period.

SECTION 16.00 - BENEFITS
The City shall assume the costs of all medical benefit increases in regards to the various subsections of Section 16.00 Benefits.

16.01 Medical Benefits
A. City Cafeteria Plan Contributions
The City will provide medical insurance through the California Public Employees’ Retirement System (CalPERS). The City will contribute a monthly amount to CalPERS pursuant to Government Code Section 22892 of the Public Employees Medical and Hospital Care Act (PEMHCA).

In accordance with IRS Code Section 125, the City will provide a Flexible Benefits Plan (“Cafeteria Plan”) to all eligible employees. If an employee elects to participate in a CalPERS medical plan, the maximum monthly City contribution*, including the PERS required minimum, shall equal 90% of the cost of the highest medical premium between the Blue Shield Access+ HMO and PERSChoice PPO plans and employees will contribute the remaining premium balance, based upon the plan level in which they are enrolled (i.e., employee only, employee plus one, or employee plus family). Employees shall pay their contribution on a pre-tax basis. In no event will the maximum monthly City contribution exceed the premium for the plan in which the employee is enrolled.

Each employee participating in a medical plan will make an additional $35.00 contribution per pay period towards the cost of health care benefits. This pre-tax contribution is made during pay periods where employee deductions for health care benefits are taken (24 pay periods).
*Note: The monthly contribution is based on the CalPERS regional pricing for the Bay Area/Sacramento area, Region 1). In the event an active employee relocates to another regional area, or a newly hired employee resides in another regional area, it is the City’s

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intent to provide a contribution based on the Bay Area/Sacramento area CalPERS regional pricing (Region 1 Area regional pricing) with the understanding that in no event will the maximum monthly City contribution exceed the premium for the plan in which the employee is enrolled.

B. Optional Benefits
Through the Cafeteria Plan, employees may enroll in the following optional benefits and elect to pay premiums on a pre-tax basis:

1. Medical Reimbursement Account (MRA)

2. Dependent Care Reimbursement Account (DCAP)

3. Cancer and Critical Illness Protection Insurance
Employees may also enroll in the following optional benefits and elect to pay premiums on a post-tax basis:

1. Accident Protection Insurance

2. Additional Life Insurance

3. Long Term Care Insurance
C. Medical Waiver
Employees may elect to waive City medical coverage and receive a cash benefit. In order to receive the medical waiver benefit, the employee must provide proof to the City of other current medical coverage. Full-time employees who waive medical coverage are eligible to receive $200.00 per month; part-time employees shall receive a prorated amount, based upon their full-time equivalency (FTE). The medical waiver amount may be applied toward the purchase of any pre-tax or post-tax optional benefits or paid as a taxable cash benefit.

Employees receiving the medical waiver benefit must notify the Human Resources Department if they cease to be covered by any other medical plan, thereby making them ineligible for the medical waiver benefit.

D. Medical Plan Changes
The City will continue to work with the bargaining unit to research alternatives to the CalPERS medical plan and options within the CalPERS plan. If the City discontinues CalPERS medical coverage, the City will provide similar coverage, to the extent possible.

In the event the City proposes a change in medical plan coverage, the City will meet and confer with the Association regarding the impact of any changes prior to implementation of such change.

Any change from the CalPERS medical plan during this contract term will only be made by mutual agreement.

E. Extension of IRS §125 “Use-it-or-Lose-it” Provision
The City’s Cafeteria Plan Flexible Spending Arrangement (FSA) allows a 2½ month extension of the period within which participants in the FSA plan may be reimbursed

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for qualified benefit expenses with pre-tax dollars.

Reimbursable expenses for the calendar plan year are not limited to expenses incurred through December 31 of the calendar year but may include expenses incurred through March 15 of the following plan year. Because the 2 ½ month extension will overlap with a new plan year, benefit expenses incurred from January 1 through March 15 may be paid from either the unused contributions from the previous plan year, if any, or the contributions made during the new plan year.

16.02 Dental Insurance
The City shall provide a dental plan for employees and their eligible dependents with a maximum benefit of $3,000.00 per covered individual per calendar year.

16.03 Vision Insurance
The City shall provide a vision plan for employees and their eligible dependents.

A. Coverage will include an annual eye examination. Contacts or lenses will be covered every year, frames every two years.

B. The maximum monthly premiums contribution by the City is as follows:

Employee Only: $10.64
Employee + Family: $18.74

16.04 State Disability Insurance
Effective the pay period inclusive of August 30, 2026, the City will provide to represented employees CA SDI and STD Plan Option #9 (30 day EP to dovetail with LTD 90 day EP, 24-hour coverage). To cover the cost of SDI benefits, employees shall contribute 1% of their base salary through Payroll deductions.

16.045 Long Term Disability
The City shall contribute the full cost of the City-sponsored long-term disability program for employees working 30 or more hours per week, with a maximum benefit of $10,000 per month.

16.056 Part-Time Employees
The City shall pay a pro-rated share of medical, dental, vision and life insurance premiums for part-time employees. The City’s pro-rated share of the premiums shall be based upon the proportion of the part-time employee’s hours in relation to full time equivalency (FTE)* (e.g., a 24 hour per week position is .6 FTE; an employee in a .6 FTE position will receive 60% of the premium paid by the City for a full-time employee). Part-time employees shall pay the balance of the premiums on a pre-tax basis unless the employee elects to pay the balance on a post-tax

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basis.
*Full time equivalency, or FTE, is the ratio of an employee’s budgeted work schedule to fulltime work.

16.067 Retiree Health Program
A. Retiree Medical Plan
Covered employees who retire under the provisions of the City’s contract with CalPERS, are currently eligible to continue CalPERS medical coverage. The City will contribute a monthly amount to CalPERS pursuant to Government Code Section 22892 of the Public Employees Medical and Hospital Care Act (PEMHCA), at $151 per month as of the signing of this MOU.

B. Retiree Medical Incentive
Employees who receive a regular service retirement from CalPERS and have at the time of retirement at least five (5) years of continued service with the City and are at least fifty (50) years of age, will receive a retiree medical incentive in the amount of $89.00 per month. This incentive will be paid during any period the retiree maintains CalPERS medical coverage and until such time the retiree is eligible for Medicare or other Federal or State health programs, solely on account of age. If coverage is dropped and subsequently restarted it is the retiree’s responsibility to give the City written notice; payment of the incentive will be re-started beginning with the month in which the City receives written notice. If notice is received in a month after which coverage is re-started there will be no retroactive payment of the incentive for that/those month(s).

16.078 Life Insurance
The City shall provide a $25,000 term life insurance policy for employees.

16.089 Principal Domestic Partners
The City will provide medical, dental and vision benefits to employees with Principal Domestic Partners equivalent to those provided to an employee’s spouse. Employees may enroll their eligible Principal Domestic Partners and the eligible dependents of their Principal Domestic partners subject to the eligibility requirements established by either CalPERS or the City and subject to the tax regulations of the State of California and the Internal Revenue Service of the United States Government.

SECTION 17.00 - MID-MANAGEMENT BENEFITS

17.01 Management Vacation
In the first full pay period in January of each year, all Mid-Management employees will be credited with eighty (80) hours of vacation time in addition to their normal authorized vacation allowance. This additional vacation shall be designated as Management vacation. The ability to cash out management vacation will be limited to twenty (20) hours and shall occur in the last full pay period of December. Employees who do not use all of their Management Vacation prior to the first full pay period in January of each year will only be credited at the start of the

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subsequent year with sufficient hours to maintain an eighty (80) hour balance. Upon separation, employees shall receive the value of their unused management vacation. This benefit will be prorated for new hires, promotions, and part-time employees.

It is mutually understood and agreed that retroactive changes to time cards converting already used management vacation to some other form of paid leave, thus increasing the number of management vacation hours eligible for pay out at years end, will not be allowed.

It is mutually understood and agreed that it is each individual employee’s responsibility to manage their use of management vacation hours to avoid the loss of any unused time.

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17.02 Optional Management Benefit
In recognition of unscheduled and special assignments performed by Mid-Management employees and night meetings they occasionally attend, the City will contribute $1,300 for employees with less than ten (10) years of service and $1,500 for employees with ten (10) or more years of service to an optional management benefit plan. Payment for this benefit shall be made on the last pay date in July of each year for the previous fiscal years’ service. In lieu of direct payment, employees may select one of the following options for use of this benefit:

1. Payment to deferred compensation (not as an “employer contribution”);

2. Purchase of additional vacation leave, not to exceed the Vacation Accrual Limit in Section 13.02.

This benefit will be pro-rated for new hires, promotions, part-time and terminated employees.

SECTION 18.00 - TUITION REIMBURSEMENT
The City shall reimburse employees the cost of tuition and books for job-related college, university courses, workshops, adult education and other training programs when approved by the Department Head and Human Resources Director prior to enrollment.

Payment shall be made upon successful completion of each course. This provision shall be limited to $500 per fiscal year and pro-rated for part-time employees.

SECTION 19.00 - TRAINING AND PROFESSIONAL DEVELOPMENT
The City and its Mid-Management employees are committed to training and professional development.

The City budgets funds for such training and development and the City department heads are responsible for the application of the funds. Mid-Management unit employees are expected to attend the “Introduction to Leadership” course once, along with two qualifying courses from the Employee and Leadership Development Program on a yearly basis.

The City Manager may approve Mid-Management employees’ attendance at out-of-state conferences on an individual basis when it is determined to be in the best interest of the City.

The City shall pay for employees for attendance at all approved conferences that directly relate to their positions. The City shall reimburse the employee for any additional allowable expenses incurred during the attendance of conferences or seminars. More than one employee may attend the same conference when it is deemed appropriate by the department head.

SECTION 20.00 - MEMBERSHIPS AND LICENSES
The City will pay all professional license fees required for employment.

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SECTION 21.00 - COMMUNICATIONS
At least three (3) times per a year, a joint meeting of the City’s Mid-Management and Executive personnel will be held for the purpose of discussing items of mutual concern.

SECTION 22.00 - SAFETY
The City intends to meet its obligation under the California Occupational Safety and Health Act and shall adopt and use safeguards, devices and practices reasonably adequate to render such employment safe.

The Association will cooperate with the City by requiring employees under its control to work safely and, further, the Association recognizes its obligation as management to support the City’s effort to prevent injuries.

At least two Mid-Management employees shall be members of the Safety Committee. The Committee will establish a work program to carry out its functions.

SECTION 23.00 - BUDGET REVIEW
During each fiscal year of the MOU, the City’s Finance Department and Human Resources Department will meet with the bargaining unit within three weeks of the mid-year budget presentation to the City Council to review the budget and the City’s financial condition.

SECTION 24.00 - REDUCTION IN FORCE
If the workforce is reduced or hours of work are reduced for reasons of changes in duties or organization, abolition of positions, shortage of work or funds, or completion of work, regular (non-temporary) employees with the shortest length of service within the classification will be laid off first, provided that employees retained are fully qualified, trained and capable of performing remaining work in the opinion of the department head. Length of service for the purpose of this section will be calculated from the hire date of record into a regular (non-temporary) position.

The order of lay-off shall be as follows:

1. Temporary

2. Probationary

3. Regular
This Reduction in Force section shall not be construed to either broaden or decrease the rights of the City or the employees under State law.

24.01 Bumping
Bumping is defined as a voluntary movement of an employee to be laid off from his/her current classification to a previously held lower classification held by an employee with less seniority. This includes previously held classifications that have been revised or had title changes. Bumping privileges

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may be exercised only within the employee’s current department unless the Director of the department that would receive the employee agrees to the transfer. An employee with sufficient seniority to bump an employee in a lower classification shall bump the least senior person in that classification.

24.02 Notice
Employees laid off according to this section shall be given not less than fifteen (15) days written notice prior to the reduction in force unless the reduction is necessitated by emergency or urgent conditions.

A copy of such notice shall be given concurrently to the Association. If there is sufficient time, thirty (30) days’ notice shall be given.

24.03 Reassignment
Wherever possible, such employees will be offered regular or temporary positions which are requisitioned and for which the employees are qualified.

Employees displaced under this section will be assigned to the step in the new classification salary range closest to the employee’s salary at the time of reduction of force.

24.04 Reinstatement
Should the position from which an employee was laid off be re-established within 18 months, thereby increasing the workforce in that division, the employee shall be eligible for reinstatement. It shall be the employee’s responsibility to notify the Human Resources Department of their current address.

Every effort shall be made to notify the affected individual of any reinstatement opportunity.

Reinstatement shall be in the reverse order of layoff.

SECTION 25.00 - GRIEVANCE PROCEDURE

25.01 Purpose
To assure prompt and fair treatment of employee grievances related to employment. Any employee covered by this Memorandum of Understanding may file a grievance.

25.02 Definition
A grievance is defined as an alleged violation, misinterpretation, or misapplication of the provisions of this Memorandum of Understanding or the City’s Personnel Rules and Regulations.

25.03 Limitations
A. A grievant may be represented by any representative of their choosing in preparing and presenting a grievance.

B. No reprisal shall result against any employee who presents a grievance under this procedure.

C. A grievant and representative will be allowed reasonable time during work hours to

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meet regarding any grievance as provided in this article without loss of pay. It is understood that the grievant and representative shall: (1) provide their supervisor(s) with advance notice and request for such time; (2) that such request will not be arbitrarily denied; (3) that such time shall be charged on the grievant’s/representative’s time card to the designated program code, if applicable.

D. Time limits may be extended by written mutual agreement of the parties.

E. A grievance shall be considered settled in favor of the other party if, at any step, a decision is not rendered or appealed within the specified time limit.

F. Only upon mutual written agreement between the parties may Step I of the grievance p r o c e d u r e be waived.

25.04 Procedures
Step I:

The grievant will first attempt to resolve the grievance through informal discussions with successive levels of supervision beginning with their immediate supervisor through their department head. These discussions must be initiated within ten (10) working days following knowledge of the incident upon which the grievance is based. Every attempt will be made by the parties to settle the issue at this level.

Step II:

If the grievance is not resolved through the informal discussions, the employee may submit a written appeal to his/her department head within ten (10) working days after the informal meeting.

The written appeal must contain in clear, factual and concise language:

1. A brief statement as to the date of the occurrence on which the grievance is based and the facts as the grievant sees them;

2. The rule, regulation or act on which the grievance is based;

3. The action the grievant believes will resolve the grievance;

4. Signature of the employee.

The department head shall have ten (10) workdays following receipt of the appeal to review the matter and prepare a written response. Copies shall go to the parties involved and the Human Resources Department.

Step III:

If the grievance is not resolved, the grievant may, within five (5) workdays following receipt of the department head’s response, appeal to the City Manager or their representative, stating in writing the basis for the appeal.

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The City Manager or their representative shall render a written decision to all parties directly involved within fifteen (15) workdays following the date which the aggrieved employee appealed the department head’s decision. This decision will be final.

SECTION 26.00 - DISCIPLINARY APPEALS PROCEDURE

26.01 Definition
For the purposes of this article, disciplinary action shall mean suspension (as authorized by FLSA), demotion, disciplinary reduction in salary, or discharge.

The appeal procedure described herein shall apply to cases of disciplinary action affecting regular employees. It shall not be applicable to probationary employees. Employees have the right to representation at any or all stages of the appeal process.

26.02 Pre-Action Procedure
Step I:

Prior to imposing disciplinary action, the supervisor shall first provide the employee a preliminary written notice of the proposed action stating the effective date and the specific grounds and particular facts upon which the action will be taken. The employee shall have access to any known written materials, reports or documents upon which the action is based. The employee shall have the right to respond to the charges within five (5) workdays from receipt of the notice either orally, in writing, or both to the department head. If the department head is personally involved in the initial investigation and notice process, the City Manager or Human Resources Director shall appoint a designee to hear the response.

The employee may request an extension of the time to respond for justifiable reasons. Failure to respond within the time specified will result in the employee’s waiver of their procedural rights and final action will be taken.

Step II:

Following a review of a proposed disciplinary action, the department head, within five (5) workdays of receiving the employee’s response, shall render a written decision and send it by certified mail with return receipt or by personal delivery to the employee. A copy shall also be mailed to the employee’s representative. The written decision will include the effective date of the disciplinary action.

The employee has the right, within five (5) workdays after receiving the decision, to file a request for appeal with the City Manager. The appeal shall be a written statement, signed by the appellant, explaining the matter appealed from, stating the action desired by the appellant, with their reasons therefore, and stating that the pre-action procedures have been exhausted.

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26.03 Post-Action Appeal
Step III:

If the employee files a timely appeal, the City Manager shall, within five (5) working days after receiving the appeal, designate a hearing officer who shall schedule a hearing not less than five (5) working days from the date the appeal was received.

The hearing officer may conduct such independent investigation of the matter as they deem necessary. The appellant shall be given the opportunity to answer or present evidence in opposition to the findings of this independent investigation.

The appellant shall appear personally at the scheduled hearing unless physically unable to do so.

The appellant or their representative may produce relevant oral or documentary evidence at the hearing.

Within fifteen (15) working days following the hearing, the hearing officer shall render a written decision to all parties involved. The hearing officer has the authority to affirm, repeal or modify the disciplinary action.

For discipline equivalent to the severity of suspension (as authorized by FLSA) of one (1) week or less, or leave balance reduction of one (1) week or less, there shall be no appeal beyond Step III and the City Manager’s decision shall be final.

Step IV:

If the appeal (except as exempted above) is not resolved to the satisfaction of the appellant at the conclusion of Step III, the employee may appeal the decision of the City Manager to a neutral arbitrator, provided it so informs the City Manager in writing within ten (10) working days following receipt of the City Manager’s decision.

Within ten (10) working days from the date of receipt of appeal, the parties may mutually agree on a neutral party from an independent source to serve as an arbitrator. In the event the parties fail to agree on the neutral party, they shall immediately thereafter jointly request the California State Mediation and Conciliation Service to submit to them a list of five (5) persons qualified and available to act as arbitrator.

If such a list is requested from the State Mediation and Conciliation Service, the parties within five (5) working days of receipt of the list, shall mutually agree upon the person on the list who shall be the arbitrator. If one person is not mutually agreed upon, the parties shall within five (5) days after receipt of the list of names, alternately strike two (2) names from such list with the last remaining name to be the person serving as arbitrator. The party having first choice to strike a name from the list shall be determined by lot.

The arbitrator shall have no authority to add to, detract from, alter, amend, or modify any provision of this agreement, or impose on any party hereto a limitation or obligation not explicitly provided for in this agreement, or to alter any wage rate or wage structure. The decision of the arbitrator shall be rendered after the evidence and arguments are presented to them by the parties in the presence of each other and in post hearing briefs, if necessary. The decision of the arbitrator shall be final and binding upon the parties.

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The arbitrator is requested to expedite the decision as the parties normally expect a decision to be issued within fifteen (15) days after the conclusion of the hearing.

The arbitrator’s expenses shall be borne equally by the parties, except that each party shall bear the cost of its own representation.

SECTION 27.00 - WRITTEN REPRIMANDS
A written reprimand may be issued by an employee’s supervisor if an employee has violated a City rule, provision of the M.O.U., or if their performance is in need of improvement. Written reprimands shall be placed in the employee’s personnel file. An employee shall have the right to prepare a written response to the reprimand and have said response placed in their personnel file. An employee may appeal the supervisor’s decision to issue a written reprimand to the department head by filing an appeal to the department head within five (5) working days of receipt of the reprimand. The department head’s decision regarding the written reprimand shall be final.

If the department head initiated the written reprimand, the employee has the right to appeal to the City Manager or their designee. The decision of the City Manager or their designee shall be final.

SECTION 28.00 - MISCELLANEOUS

28.01 Automatic Deposit - New Hires
Newly hired employees shall be required to receive their paycheck through automatic deposit.

Newly hired means only those employees hired from an external hiring list and does not include promotional hires from current City employees. The City will create an appeal process for those who do not use financial institutions.

SECTION 29.00 - HOLIDAY CLOSURE
If the City decides to close around the Christmas and New Years’ holidays, the following will apply:

A. Employee participation in the closure program is voluntary. During the closure, employees may use accrued vacation, compensatory time off, management leave, floating holidays, or excess holiday time.

B. Employees may also request leave without pay during this year-end closure which will result in budget savings. To encourage the use of leave without pay, seniority, benefit and leave accruals will not be impacted if leave without pay is taken during the year-end closure period. (Note: Unpaid leave is not credited towards PERS retirement.) The City will allow leave without pay hours to be deducted over the same number of pay periods as the number of workdays the City was closed.

C. If there are employees who do not wish to take either paid or unpaid leave time during the closure period the City will make a reasonable effort to accommodate their request to work during the closure by finding appropriate assignments and/or work space.

21.51 40
SECTION 30.00 - SEVERABILITY
Should any of the provisions herein contained be rendered or declared invalid by reason of any State or Federal legislation or court action, such invalidations shall not invalidate the remaining portions of this Memorandum of Understanding which shall remain in full force and effect, insofar as such remaining portions are severable.

21.52 41

MID-MANAGEMENT ASSOCIATION CITY OF SANTA CRUZ

OF THE CITY OF SANTA CRUZ

Date Date
Michael Moore, OE3 Representative Tim Davis
Katherine DonovanUnfilled, President Lisa MurphySara De Leon

Rome Norman, Vice President

Kyle PetersenEmmanuel Fonseca, Secretary

Jesse SilvaSusan Nilsson, Library Representative

Akin BabatolaDavid McCormic, Bargaining Team
Sarah Neuse, Bargaining Team
Travis Beck, Bargaining Team
Chip Handley, Bargaining Team

21.53 4932-8513-0584 v1

SUCCESSOR MOU NEGOTIATIONS
Between

CITY OF SANTA CRUZ
And

CITY OF SANTA CRUZ MID-MANAGEMENT ASSOCIATION
TENTATIVE AGREEMENT – SECTION 15.02.03 FAMILY LEAVE
JULY 28, 2025
TENTATIVE AGREEMENT PURSUANT TO GROUND RULE 15

15.02.03 Family Leave
A. In accordance with the Federal Family and Medical Leave Act and the California Family Rights Act, the City will grant job protected unpaid family and medical leave to eligible employees for up to twelve (12) weeks, (continuous or cumulative), per rolling twelve (12) month period measured backward for any one or more of the following reasons:

1. The birth of a child and in order to care for such child or the placement of a child with the employee for adoption or foster care including the child of the employee’s domestic partner (leave for this reason must be taken within the twelve (12) month period following the child’s birth or placement with the employee); a. In any case in which both parents are employed by the City of Santa Cruz and are entitled to leave, the aggregate number of workweeks of leave to which both may be entitled is limited to twenty-four (24) workweeks during any twelve (12) month period if leave is taken for the birth or placement for adoption or foster care of the employee’s child or child of the employee’s domestic partner.

2. In order to care for a spouse, domestic partner, child, parent, parent-in-law, grandparent, grandchild, or sibling of the employee who has a serious health condition;

3. The employee’s own serious health condition that makes the employee unable to perform any one or more of the essential functions of their position.

4. Military family leave which includes:
a. “Qualifying Exigency Leave” may be taken if the employee’s spouse, son, daughter, or parent is on covered active duty or called to covered active duty status in the Regular Armed Forces during deployment to a foreign country or in the National Guard and Reserves during deployment to a foreign country under a call or order in support of a contingency operation; qualifying exigencies may include short-notice deployment, attending certain military events, arranging for alternative childcare and school activities, addressing certain financial and legal Docusign Envelope ID: 59C5FBC3-5D80-41F8-A4B9-BCC1ACD36C7F

21.54 4932-8513-0584 v1
arrangements, attending certain counseling sessions, rest and recuperations, and attending post-deployment reintegration briefings.
b. “Military Caregiver Leave” of up to twenty-six (26) workweeks in a twelve (12) month period may be taken by an eligible employee who is the spouse, son, daughter, parent, or next of kin of a “covered servicemember”, in order to care for the covered servicemember with a serious illness or injury incurred or aggravated in the line of duty while on active military duty.

1. In any case in which both parents are employed by the City of Santa Cruz and are entitled to leave to care for a covered servicemember, the aggregate number of workweeks of leave to which both may be entitled is limited to twenty-six (26) workweeks during any twelve (12) month period.

B. Conditions covering the leave shall include the following:

1. Eligible employee means having been employed by the City for twelve (12) months and having worked for at least one-thousand-two-hundred-fifty (1,250) hours during the twelve (12) month period immediately preceding the commencement of the leave;

2. Medical verification is required for employees or ill family member for medical leave period;

3. Employees are required to give at least thirty (30) days written notice in the event of a foreseeable leave. In unexpected or unforeseeable situations, an employee should provide as much written notice as is practicable.

4. Employees are required to use accrued vacation as a part of the family leave period, unless receiving paid State leave benefits. Use of sick leave is not required but may be used pursuant to the applicable provisions of this Memorandum of Understanding.

5. 6. Employees retain “employee” status while on family leave. The leave does not constitute a break in service for purposes of longevity, and/or seniority. Upon return to work, employees will be reinstated to an equivalent position with equivalent pay and benefits.

7. Any request for additional leave may be made pursuant to section 15.02.01.

8. Any other conditions or interpretations of this leave shall be based upon the Federal Family and Medical Leave Act and the California Family Rights Act.

Docusign Envelope ID: 59C5FBC3-5D80-41F8-A4B9-BCC1ACD36C7F

21.55 4932-8513-0584 v1
For the City of Santa Cruz For the Mid-Management Association of the City of Santa Cruz
________________________________
Sara De Leon , Lead Negotiator
Date:
____________________________________
Michael Moore, Lead Negotiator
Date:
________________________________
Timothy L. Davis, Co-Lead Negotiator
Date:
____________________________________
Rome P. Norman, OE3 Vice President
Date:

Docusign Envelope ID: 59C5FBC3-5D80-41F8-A4B9-BCC1ACD36C7F 8/29/2025
8/5/2025
8/4/2025
8/5/2025

21.56 4929-4775-0233 v1

SUCCESSOR MOU NEGOTIATIONS
Between

CITY OF SANTA CRUZ
And

CITY OF SANTA CRUZ MID-MANAGEMENT ASSOCIATION
TENTATIVE AGREEMENT – SECTION 11.10 BILINGUAL PAY
July 28, 2025
TENTATIVE AGREEMENT PURSUANT TO GROUND RULE 15

11.10 Bilingual Pay (New Section)
The City shall provide payment of an additional $60 per pay period to an eligible employee when the City certifies an employee as qualified and the position requires the use of bilingual language skills. For purposes of this section, the City certifies an employee as qualified when the City confirms that an employee has the necessary bilingual language proficiency, which may be established through an examination or process, including but not limited to, passing a language proficiency examination, interviewing with a language panel, or certification or possession of credential(s) by a language services company or institution.

For the City of Santa Cruz For the Mid-Management Association of the City of Santa Cruz
________________________________
Sara De Leon , Lead Negotiator
Date:
____________________________________
Michael Moore, Lead Negotiator
Date:
________________________________
Timothy L. Davis, Co-Lead Negotiator
Date:
____________________________________
Rome P. Norman, OE3 Vice President
Date:

Docusign Envelope ID: 3C16FE1E-A043-4650-8401-9A678E4A9E7B 8/29/2025
8/5/2025
8/4/2025
8/5/2025

21.57 2025–2028

MEMORANDUM OF UNDERSTANDING

CITY OF SANTA CRUZ
AND

THE MID-MANAGEMENT ASSOCIATION OF THE CITY OF SANTA CRUZ (October 25, 2025 to December 8, 2028)

21.58 2

MEMORANDUM OF UNDERSTANDING

CITY OF SANTA CRUZ AND

MID-MANAGEMENT ASSOCIATION OF THE CITY OF SANTA CRUZ
October 25, 2025 – December 8, 2028

TABLE OF CONTENTS

SECTION TITLE PAGE
SECTION 1.00 PREAMBLE....................................................................................................................6 SECTION 2.00 TERM ..............................................................................................................................6 SECTION 3.00 NO ABROGATION OF RIGHTS ...................................................................................6 SECTION 4.00 EMPLOYEE RIGHTS.....................................................................................................6 SECTION 5.00 RECOGNITION ..............................................................................................................6 SECTION 6.00 ASSOCIATION/CITY COOPERATION ..................................................................7 SECTION 7.00 JOB ACTIONS ................................................................................................................7 SECTION 8.00 NO DISCRIMINATION/RESPECTFUL WORKPLACE CONDUCT..........................7 SECTION 9.00 ASSOCIATION SECURITY...........................................................................................7

9.01 NOTIFICATION TO ASSOCIATION .................................................................7

9.02 BULLETIN BOARDS, DEPARTMENTAL MAIL, AND EMAIL.....................7

9.03 PAYROLL DEDUCTION....................................................................................7

9.03.01 PAYROLL DEDUCTION.....................................................................7

9.03.02 ASSOCIATION’S CERTIFICATION ..................................................8

9.04 INDEMNIFICATION................................................................................................8

9.05 LIST OF MID-MANAGEMENT POSITIONS....................................................9 SECTION 10.00 PERSONNEL ACTIONS ........................................................................................9

10.01 PERSONNEL FILES ............................................................................. 9

10.02 PERFORMANCE EVALUATIONS ......................................................... 9

10.02.01 LATE EVALUATIONS ..................................................... 9

10.03 PROBATION......................................................................................................10

10.03.01 PROBATIONARY PERIOD ........................................................10

10.03.02 OBJECTIVE OF PROBATIONARY PERIOD ............................10

10.03.03 REJECTION OF PROBATIONARY EMPLOYEE .....................10

10.03.04 EXTENSION OF PROBATION...................................................10

10.04 ALTERNATE SCHEDULES/FLEX TIME........................................................11 SECTION 11.00 PAY RATES AND PRACTICES...................................................................................11

11.01 SALARY RANGE..............................................................................................11

11.02 SALARY RATES UPON APPOINTMENT.......................................................11

11.03 ADVANCEMENT WITHIN THE RANGE.............................................................................11

11.04 RETIREMENT...................................................................................................12

11.04.01 EMPLOYEES HIRED ON OR BEFORE
May 11, 2012 (Tier I) ....................................................................12

11.04.02 EMPLOYEES HIRED ON OR AFTER
May 12, 2012 (Tier II)...................................................................13

11.04.03 EMPLOYEES HIRED ON OR AFTER
January 1, 2013 (Tier III)...............................................................13

11.04.04 RETIREMENT, ALL EMPLOYEES............................................14

SECTION TITLE PAGE

21.59 3

11.05 SALARY ............................................................................................................ 14

11.06 LONGEVITY ..................................................................................................... 14

11.07 WORKING OUT OF CLASSIFICATION PAY DIFFERENTIAL.................... 15

11.08 OVERPAYMENTS AND REPAYMENT OF FUNDS ...................................15

11.09 DEPARTMENTAL TECHNOLOGY COORDINATOR DIFFERENTIAL ......16

11.10 BILINGUAL PAY..............................................................................................16 SECTION 12.00 HOLIDAYS ...................................................................................................................16

12.01 FIXED HOLIDAYS ...........................................................................................17

12.02 FLOATING HOLIDAYS....................................................................................17

12.03 HOLIDAY ON REGULAR DAY OFF ..............................................................18

12.04 HOLIDAYS DURING VACATION...................................................................18

12.05 HOLIDAY PAY-OFF..........................................................................................18

12.06 ELIGIBILITY.....................................................................................................18

12.07 HOLIDAY WORK..............................................................................................18 SECTION 13.00 VACATION .........................................................................................................18

13.01 ACCRUAL .........................................................................................................18

13.02 VACATION ACCRUAL LIMIT ........................................................................18

13.03 ILLNESS DURING VACATION.......................................................................19

13.04 SPECIAL RECRUITMENT CIRCUMSTANCES.............................................19

13.05 REQUIRED WORK DURING VACATION.................................................... 19 SECTION 14.00 SICK LEAVE................................................................................................................19

14.01 DEFINITION............................................................................................. 19

14.02 ACCRUAL AND USE .......................................................................................20

14.02.01 FAMILY SICK LEAVE................................................................20

14.03 LIMITATIONS ...................................................................................................21

14.04 SICK LEAVE INCENTIVE PROGRAM...........................................................21

14.04.01 SICK LEAVE CONVERSION .....................................................22

14.05 PERSONAL BUSINESS LEAVE ......................................................................22 SECTION 15.00 LEAVES OF ABSENCE ................................................................................22

15.01 PAID LEAVES OF ABSENCE....................................................................22

15.01.01 BEREAVEMENT LEAVE .....................................................22

15.01.02 JURY DUTY..........................................................................23

15.01.03 MILITARY DUTY.................................................................23

15.01.04 WORKERS’ COMPENSATION ............................................23

15.01.05 PAID BIRTH/ADOPTIVE LEAVE..............................................23

15.01.06 ABSENCE FOR EXAMINATION .........................................23

15.02 UNPAID LEAVES OF ABSENCE.....................................................................24

15.02.01 MEDICAL OR PERSONAL LEAVE...........................................24

15.02.02 PREGNANCY DISABILITY LEAVE .........................................24

15.02.03 FAMILY LEAVE..........................................................................24

15.03 CONTINUATION OF INSURANCE BENEFITS DURING
UNPAID LEAVES OF ABSENCE.....................................................................26

15.03.01 PERSONAL LEAVE ....................................................................26

15.03.02 MEDICAL LEAVE.......................................................................26

15.03.03 FAMILY LEAVE..........................................................................26

21.60 4

SECTION TITLE PAGE
SECTION 16.00 BENEFITS ....................................................................................................................27

16.01 MEDICAL BENEFITS ............................................................................... 27

16.02 DENTAL INSURANCE.....................................................................................28

16.03 VISION INSURANCE.......................................................................................29

16.04 STATE DISABILITY INSURANCE................................................................ 29

16.05 LONG TERM DISABILITY..............................................................................29

16.06 PART-TIME EMPLOYEES ...............................................................................29

16.07 RETIREE HEALTH PROGRAM ................................................................ 29

16.08 LIFE INSURANCE............................................................................................30

16.09 PRINCIPAL DOMESTIC PARTNERS..............................................................30 SECTION 17.00 MID-MANAGEMENT BENEFITS .............................................................................30

17.01 MANAGEMENT VACATION...........................................................................30

17.02 OPTIONAL MANAGEMENT BENEFIT .........................................................31 SECTION 18.00 TUITION REIMBURSEMENT....................................................................................31 SECTION 19.00 TRAINING AND PROFESSIONAL DEVELOPMENT..............................................31 SECTION 20.00 MEMBERSHIPS AND LICENSES..............................................................................31 SECTION 21.00 COMMUNICATIONS ..................................................................................................32 SECTION 22.00 SAFETY........................................................................................................................32 SECTION 23.00 BUDGET REVIEW ......................................................................................................32 SECTION 24.00 REDUCTION IN FORCE.............................................................................................32

24.01 BUMPING .........................................................................................................32

24.02 NOTICE.............................................................................................................33

24.03 REASSIGNMENT.............................................................................................33

24.04 REINSTATEMENT...........................................................................................33 SECTION 25.00 GRIEVANCE PROCEDURE........................................................................................33

25.01 PURPOSE.................................................................................................. 33

25.02 DEFINITION............................................................................................. 33

25.03 LIMITATIONS ...................................................................................................33

25.04 PROCEDURES..................................................................................................34 SECTION 26.00 DISCIPLINARY APPEALS PROCEDURE...........................................................35

26.01 DEFINITION.............................................................................................35

26.02 PRE-ACTION PROCEDURE............................................................................35

26.03 POST-ACTION APPEAL ........................................................................... 36 SECTION 27.00 WRITTEN REPRIMANDS..........................................................................................37 SECTION 28.00 MISCELLANEOUS .....................................................................................................37

28.01 AUTOMATIC DEPOSIT – NEW HIRES..........................................................37 SECTION 29.00 HOLIDAY CLOSURE...................................................................................37 SECTION 30.00 SEVERABILITY..........................................................................................................37 SIGNATURE PAGE ................................................................................................................................39

21.61 5
EXHIBIT A MID-MANAGEMENT CLASSIFICATIONS …………………………………………

SECTION TITLE PAGE
EXHIBIT B STATEMENT OF EQUAL EMPLOYMENT OPPORTUNITY AND NONDISCRIMINATION POLICY………………………………………………………….

EXHIBIT C DISCRIMINATORY HARASSMENT POLICY AND
COMPLAINT PROCEDURE..…………………………………………………………
EXHIBIT D RESPECTFUL WORKPLACE CONDUCT POLICY…………………………………

21.62 6
2022-2025

MEMORANDUM OF UNDERSTANDING

CITY OF SANTA CRUZ AND MID-MANAGEMENT ASSOCIATION

OF THE CITY OF SANTA CRUZ
SECTION 1.00 - PREAMBLE
This Memorandum of Understanding is entered into by the City of Santa Cruz (hereinafter referred to as the City) and the Mid-Management Association of the City of Santa Cruz (hereinafter referred to as the Association). Employee defined for the purpose of this Memorandum of Understanding shall mean an employee assigned to a classification within the Mid-Management unit of the City of Santa Cruz. This Memorandum of Understanding is subject to Sections 3500-3510 of the Government Code of the State of California, the City of Santa Cruz Municipal Code and the Personnel Rules and Regulations for the City of Santa Cruz.

SECTION 2.00 - TERM
The term of this Memorandum of Understanding shall commence Saturday, August 30, 2025, or when Council approves the successor MOU in open session, whichever is later, and shall expire on Friday, December 8, 2028.

Negotiations for a successor MOU shall begin one hundred eighty (180) days prior to the expiration date of this agreement (Sunday, June 11, 2028) or any other mutually agreed date.

Unless otherwise stated herein, all payroll related changes identified in this agreement will commence effective the pay period beginning Saturday, August 30, 2025, or the pay period when Council approves the successor MOU in open session, whichever is later.

SECTION 3.00 - NO ABROGATION OF RIGHTS
The parties acknowledge that City responsibilities and rights as indicated in current Article I, Section 1 (Appendix A) of the City Personnel Rules and Regulations and all applicable State or Municipal laws are neither abrogated nor made subject to the meet and confer process by adoption of this Memorandum of Understanding.

It is agreed that except as specifically delegated, granted, or modified by this Memorandum of Understanding, all of the rights, power and authority the City had prior to the signing of this Memorandum of Understanding are retained by the City and remain the exclusive right of the City without limitation. Furthermore, these retained rights are not subject to any grievance or impasse procedure.

SECTION 4.00 - EMPLOYEE RIGHTS
The Association and the City acknowledge that, although the Association is the recognized unit including those classes specifically listed in Exhibit A, the rights of employees under this Memorandum of Understanding, State law, City rules and regulations and the City Charter are neither abrogated nor diminished by the adoption of this Memorandum of Understanding.

SECTION 5.00 - RECOGNITION

21.63 7
Pursuant to the Meyer-Milias-Brown Act and the City’s Personnel Rules and Regulations, the City has certified the Association as the recognized employee organization of the representation unit consisting of all full-time and part-time regular employees except those limited by the State law as reflected in Municipal Codes, resolutions or directives in the classifications specifically listed in Exhibit A attached hereto. This unit shall be titled the Mid-Management Association Unit.

SECTION 6.00 - ASSOCIATION/CITY COOPERATION
The Association recognizes that, in consideration of commitments made by the City to provide effective and efficient service to the citizens of Santa Cruz, there is an obligation upon unit employees to directly be involved with and support efforts to improve the methods and production of the various departments. Toward this goal, both the City and the Association agree to work cooperatively towards achieving a high level of effectiveness and efficiency.

SECTION 7.00 - JOB ACTIONS
The Association agrees not to permit, authorize or in any other manner, allow its members or those supervised to strike, slowdown, sick-in or engage in any work stoppage or other legal or illegal work or job action.

SECTION 8.00 - NO DISCRIMINATION/RESPECTFUL WORKPLACE CONDUCT The Association and the City agree to adhere to the City Council policies pertaining to the prevention of discrimination, harassment, and disrespectful workplace conduct as listed in Exhibits B, C, and D as well as applicable Federal and State discrimination laws.

SECTION 9.00 - ASSOCIATION SECURITY

9.01 Notification to Association
Except in cases of bona fide emergency, the Association shall be given seven (7) workdays advance written notification of any ordinance, rule, resolution or regulation directly relating to matters within the scope of representation proposed to be adopted by the City Council or City Administration and shall be given the opportunity to meet with the City representative prior to its adoption.

9.02 Bulletin Boards, Departmental Mail, and Email
The Association shall have reasonable access to existing bulletin boards and departmental mail for the purpose of informing mid-managers of social events or association-related business. The City shall allow the Association to utilize City e-mail consistent with applicable City policy.

9.03 Payroll Deduction

9.03.01 Payroll Deduction
The City shall deduct Association membership dues and any other mutually agreed-upon

21.64 8
payroll deduction, to the extent permitted by law, from the monthly pay of each member employee. The Association will provide the City with information regarding the amount of dues deductions and the list of Association member employees who have affirmatively consented to or authorized dues deductions.

The City shall remit the deducted dues and any other mutually agreed payroll deduction, to the extent permitted by law, to the Association as soon as possible after the deduction.

The City agrees to direct each member employee to the Association with regard to any questions or concerns related to membership dues or any other mutually agreed payroll deduction, to the extent permitted by law.

The Association is responsible for providing the City with timely information regarding changes to member employees’ dues and any other lawful Association-related payroll deduction.

9.03.02 Association’s Certification
The City shall make payroll deductions in reliance on the Association’s certification certifying that the Association has and will maintain an authorization, signed by each member employee who affirmatively consents to pay Association membership dues.

Similarly, The City shall only cancel or modify any membership dues or any other mutually agreed payroll deduction, to the extent permitted by law, for any member employees in reliance on the information provided by the Association.

The City shall not request the Association to provide a copy of any member employees’ authorization unless a dispute arises about the existence or terms of the authorization.

9.04 Indemnification
The Association shall indemnify, defend, protect and hold harmless the City and its elected and appointed officials, officers, employees, officers and agents (collectively hereafter the “Indemnitees”) from and against any and all claims, liabilities, losses, damages, fines, penalties, claims, demands, suits, actions, causes of action, judgments, costs and expenses (including, but not limited to, reasonable attorneys’ fees and court costs) arising from the application of any provisions under Section 9.03, including, but not limited to, any claims made by any member employees for the membership dues deductions the City made in reliance on the Association’s certification, and any claims made by any member employees for any deduction cancellation or modification the City made in reliance on the information provided by the Association, provided that the City promptly notify the Association of any such matter for which it is seeking indemnification after the City has knowledge of the occurrence of such matter.

In the event any such action or proceeding is brought against the City by reason of any such claim, the Association, upon notice from the City, covenants to defend such action or proceeding by counsel reasonably satisfactory to the City. Further, the Association agrees to indemnify and hold harmless the Indemnitees for any loss or damage arising from the Association’s actions or inactions under Section 9.03. However, the Association shall have the exclusive right to direct counsel, control the defense of any action or proceeding, and determine whether any such action or proceeding shall or shall not be compromised, resisted, defended, tried or appealed on the

21.65 9
premise and condition that the Association shall fully compensate for any monetary loss to the City based on the Association’s determination, if any.

9.05 List of Mid-Management Positions
The City will provide the Association a list or lists of Mid-Management positions by department on a quarterly basis. This information shall include the information required by AB119, the name of the position, their hire date, funding sources by percent, and the name of the person or persons occupying the position.

SECTION 10.00 - PERSONNEL ACTIONS

10.01 Personnel Files
There shall be only one official personnel file which shall be maintained in the City's Human Resources Department. Employees shall have the right to review their personnel file or authorize, in writing, review by their representative. No adverse material will be placed in an employee’s personnel file without prior notice and a copy given to the employee. Employees may cause to be placed in their personnel file responses to adverse material inserted therein.

10.02 Performance Evaluations
It is compulsory that all regular employees receive an annual written performance evaluation from their supervisor. Probationary employees will be evaluated at the completion of their third and sixth month of service. For original and re-hire appointments, employees will receive an informal evaluation at their third month of service and a formal written evaluation at six and twelve months of service. All regular employees will be evaluated annually on their merit review date.

Evaluations are intended to be a summary of the employee’s performance over the course of the evaluation period. Evaluations are also to be used as a tool to motivate the employee to work at their highest capacity and to communicate and document the employee’s level of performance.

To this end, the supervisor and the employee will meet and discuss work responsibilities, job standards and objectives, review progress and plan for the employee’s future development prior to the evaluation being placed in the employee’s personnel file. Whenever possible, employees will be given their written evaluation five (5) days prior to the performance evaluation meeting.

Any additions, corrections, deletions or changes on the original evaluation form require initialing by both the maker of the amendment and the employee to indicate that the changes have been discussed and understood. No evaluation shall be made on hearsay statements. Employees may also choose to discuss performance evaluations with their department head and/or the Human Resources Director and formally enter a response to the evaluation in their personnel file.

Disputes regarding performance reviews shall not be subject to the grievance process.

10.02.01 Late Evaluations
Failure of the supervisor to present the employee with the evaluation within sixty (60) calendar

21.66 10
days of the due date, unless an extension is mutually agreed upon in writing, shall result in a recommendation of step advancement in the conjunction with Section 11.03-Advancement Within the Range. However, as soon as possible thereafter, the supervisor shall conduct a performance evaluation in accordance with Section 10.02-Performance Evaluations.

10.03 Probation

10.03.01 Probationary Period
All original, promotional and re-hire appointments shall be subject to a probationary period of twelve (12) months. Successful completion of the six-month evaluation of an original and rehire appointment qualify for a merit increase. Promotional appointments shall be subject to a probationary period of six (6) months at which they qualify for a merit increase.

Any time spent by an employee on paid or unpaid leave exceeding five (5) consecutive workdays shall not be counted as qualifying service toward completion of the probationary period. If the probationary period is interrupted by a paid or unpaid leave of absence of five (5) consecutive workdays or more, the probationary period shall be extended by the duration of such absence, equal to the number of consecutive workdays the employee was on leave. However, paid leave time for vacation, sick time, legally required jury or witness duty, and/or holiday leave shall not extend an employee’s probationary period.

10.03.02 Objective of Probationary Period
The probationary period shall be regarded as part of the selection process and shall be utilized for training the new employee on work assignments and standards, and observing and evaluating the employee’s performance.

10.03.03 Rejection of Probationary Employee
During the probationary period, an employee may be rejected at any time by the appointing authority without the right of appeal. Notification of rejection shall be served to the probationary employee in writing.

Any promoted employee who is rejected during the probationary period shall be reinstated to the position from which promotion occurred; unless the rejection is due to discharge in which case no reinstatement shall occur.

10.03.04 Extension of Probation
All efforts will be made to sufficiently evaluate the probationary employee during the assigned period. An extension of the probationary period may, however, be recommended by the appointing authority and approved by the Human Resources Director when good cause exists.

Such extensions shall be for a specific period of time, not to exceed six (6) months for original hire and re-hire appointments and not to exceed three (3) months for promotional appointments.

The employee shall be informed in writing of the reasons for the period of the extension at least seven (7) calendar days prior to the scheduled end of the probationary period.

21.67 11

10.04 Alternate Schedules/Flex Time
The City acknowledges that there may be benefits both to the City and the employee in alternative schedules. Employees may request that their department heads consider alternate scheduling of their work. Examples of alternate schedules include flextime, job sharing, 9/80 and 4/10 plans, and voluntarily reduced work hours. The department head may give consideration to such requests within existing law and policy but is not obligated to change an employee’s schedule. Also included in the concept of alternative schedules and flex time are assignments such as job exchanges and other professional development and training techniques.

Employee requests for alternate schedules will be made in writing, on a form mutually agreeable to the Association and the City.

Rejection of an employee’s request for an alternative work schedule option shall be made in writing from the Department Head and shall cite the reason(s) for rejecting the request.

Remote schedules (working away from the office) shall be managed per applicable Administrative Procedure Order. The City may establish alternate/flex schedules and/or regularly scheduled remote by mutual agreement, within the guidelines of the MOU and existing law and policy.

APO #II-52 sets forth the time accounting parameters and procedures for FLSA Exempt Employees.

SECTION 11.00 - PAY RATES AND PRACTICES

11.01 Salary Range
Each classification in the unit shall be assigned a salary range that has a spread of approximately 30%.

11.02 Salary Rates Upon Appointment
New employees shall be hired at the beginning salary of the classification’s range, unless a higher starting salary is recommended by the appointing authority based on the employee’s advanced qualifications for the position and such recommendation is approved by the Human Resources Director and City Manager.

Promoted employees shall be appointed to the beginning salary in the range for the new classification. However, if such employee is already being paid at a rate equal to or higher than the beginning salary of the higher range, they shall be placed in the new range at 5% above their previous salary. A higher promotional salary may be recommended by the appointing authority based on an employee’s advanced qualifications for the position. Such recommendation is subject to approval by the Human Resources Director and the City Manager.

11.03 Advancement Within the Range
A. Advancement within a classification’s salary range shall normally be granted on the employee’s scheduled merit review date. Such advancements shall be based solely on

21.68 12
meritorious job performance as documented by a satisfactory performance evaluation submitted by the department head and approved by the Human Resources Director B. All new and promoted employees shall be granted their first merit increase upon successful completion of the probationary period (see Section 10.03-Probation).

The employee shall then be eligible for a subsequent merit increase after each fullyear on paid status, continuing until the top of the salary range is attained.

C. Merit increases shall normally be 5%.

A double step may be recommended by the department head based on an employee’s exceptional performance as documented in their annual or end of probation performance evaluation. Such recommendation is subject to approval by the Human Resources Director and may be appealed to the City Manager (APO II-41).

D. A merit increase may be denied by the department head when an employee’s job performance falls below the acceptable work standards for the duties assigned. The department head may, in such a case, recommend that the employee’s work performance be reviewed again at a specific time before the next review date. If a merit increase is granted at that time, the employee’s original review date shall change and she/he shall be eligible for the next merit increase after one year on paid status from the new review date.

E. An employee’s scheduled merit review date shall be adjusted for any time spent by the employee on unpaid status.

F. When an employee’s position is reclassified to a classification with a higher salary range, the employee’s pay shall be set at the beginning salary of the range or be placed at a salary in the new range that provides the employee a salary increase of at least 5%. This increase shall have no effect on the employee’s original merit review date.

11.04 Retirement

11.04.01 Employees Hired on or Before May 11, 2012 (Tier I) This section 11.04.01 shall apply to employees hired on or before May 11, 2012, who are contributing members of CalPERS.

A. Final Compensation Based on the Single Highest Year.

For purposes of determining a retirement benefit, final compensation for employees covered by this section 11.04.01 shall be based on the single highest year.

B. 2.0% @ 55 Pension Formula.

The 2.0% @ 55 pension formula shall be available to all employees covered by this section 11.04.01 who are contributing members of CalPERS. Additionally, the City provides the Pre-Retirement Optional Settlement 2W Death Benefit to employees covered by this section 11.04.01.

C. Required Employee Contribution.

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Members covered by this section 11.04.01 will contribute the employee contribution amount established by CalPERS for the 2.0% @ 55 pension formula.

The required contribution amount was 7.0% as of the date of this MOU.

D. Additional Required Employee Contribution.

In addition to the required employee contribution, starting with the pay period beginning on June 22, 2013 members covered by this section 11.04.01 will contribute an additional 4.0% (total 11% as of the date of this MOU).

11.04.02 Employees Hired On or After May 12, 2012 (Tier II) This section 11.04.02 shall apply to employees hired on or after May 12, 2012 and before January 1, 2013 who are contributing members of CalPERS.

A. Final Compensation Based on Three Year Average.

For purposes of determining a retirement benefit, final compensation for employees covered by this section 11.04.02 shall be based on the employee’s highest three-year average.

B. 2.0% @ 60 Pension Formula.

The 2.0% @ 60 pension formula shall be available to all employees covered by this section 11.04.02 who are contributing members of CalPERS. Additionally, the City provides the Pre-Retirement Optional Settlement 2W Death Benefit to employees covered by this section 11.04.02.

C. Required Employee Contribution.

Members covered by this section 11.04.02 will contribute the employee contribution amount established by CalPERS for the 2.0% @ 60 pension formula.

The required contribution amount was 7.0% as of the date of this MOU.

D. Additional Required Employee Contribution.

In addition to the required employee contribution, starting with the pay period beginning on June 22, 2013 members covered by this section 11.04.02 will contribute an additional 4.0% (total 11% as of the date of this MOU).

11.04.03 Employees Hired On or After January 1, 2013 (Tier III) This section 11.04.03 shall apply to employees hired on or after January 1, 2013 who are contributing members of CalPERS.

A. Final Compensation Based on Three Year Average.

For purposes of determining a retirement benefit, final compensation for employees covered by this section 11.04.03 shall be based on the employee’s highest three-year average.

B. 2.0% @ 62 Pension Formula.

The 2.0% @ 62 pension formula shall be available to all employees covered by this section 11.04.03 who are contributing new members of CalPERS.

Additionally, the City provides the Pre-Retirement Optional Settlement 2W Death Benefit to employees covered by this section 11.04.03. Employees covered by

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this section 11.04.03 who are classic members as defined by CalPERS may be eligible for a different pension formula.

C. Required Employee Contribution.

Members covered by this section 11.04.03 will contribute the employee contribution amount established by CalPERS for their pension formula. The required contribution amount for the 2.0% @ 62 was 8.5% as of the date of this MOU.

In the event employee contribution rates are adjusted by CalPERS during the term of this MOU, the employee contribution will be recalculated based upon the updated required employee contribution rate established by CalPERS.

D. Additional Required Employee Contribution.

In addition to the required employee contribution, starting with the pay period beginning on June 22, 2013 members covered by this section 11.04.03 will contribute an additional 4.0% (total 12.5% as of the date of this MOU).

11.04.04 Retirement, All Employees
The City will maintain the IRS 414(h)(2) provision allowing employees to defer State and Federal income taxes on their CalPERS contributions.

11.05 Salary
Effective the pay period that begins August 30, 2025, or the pay period Council approves the successor MOU in open session, whichever is later, the salary for all bargaining unit members shall be increased by four percent (3.0%).

The City will provide additional base salary increases for the following classifications: Urban Forester at 5% for a total of 8%; Superintendent of Parking Services at 2.5% for a total of

5.5%; Superintendent of Disposal at 2.5% for a total of 5.5%; Superintendent of Collection at

2.5% for a total of 5.5%; and Parking Program Manager at 3% for a total of 6%.

Effective the pay period that begins August 30, 2026, the salary for all bargaining unit members shall be increased by four percent (4.0%).

Effective the pay period that begins August 30, 2027, the salary for all bargaining unit members will be increased by four percent (4.0%).

11.06 Longevity
Upon completion of ten (10) years of continuous regular service employees shall receive a 2½% longevity pay increase. Longevity is calculated from the date of hire into a regular status position or a fully benefited special status position. It is understood that the 2½% longevity pay will be considered as “additional compensation” for purposes of PERS and tax computations.

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Upon completion of fifteen (15) years of continuous regular service employees shall receive an additional 2% longevity pay increase.

Effective the pay period that begins August 30, 2025, or the pay period when Council approves the successor MOU in open session, whichever is later, employees shall receive an additional two percent (2.0%) longevity pay increase upon completion of twenty (20) years of continuous regular service

11.07 Working Out of Classification Pay Differential
The term “working out of classification” is defined as a management authorized full-time assignment on a temporary basis of an employee in a lower classification to a budgeted higher classification. Assignments will be made by the Department Head or City Manager to qualified employees assuming a significant number of duties of the higher classified position. Whenever reasonably possible, prior to authorizing a working out of classification assignment the Department Head will inform qualified employees of the assignment and request volunteers. The Department may assign working out of classification on a rotational basis when the Department determines such rotational assignment would be appropriate. The purpose of rotation is to promote career ladder development. Employees must work a minimum of one (1), eight-hour day to qualify for out-of-classification pay.

The employee so assigned shall be entitled to receive five percent (5%) above the employee’s current base rate of pay or at least the first step of the higher salary range, whichever is higher.

Working out of class assignments may not exceed the limits set forth by the Public Employment Retirement Law.

Working out of class assignments shall be implemented and managed in accordance with applicable Administrative Procedure Orders (APOs) unless those APOs are inconsistent with this contract, in which case the assignments shall be implemented and managed in accordance with the terms of this contract.

In accordance with the Public Employees’ Pension Reform Act (PEPRA), working out of classification pay is not pensionable compensation for employees who are “New Members” of CalPERS, as defined by California Government Code Section 7522.04(f).

11.08 Overpayments and Repayment of Funds
The City will not attempt to recover overpayments made to employees as a result of an error made by the City which are over twelve (12) months old.

A. Overpayment
If an overpayment or unauthorized payment has been made to a City employee, the City shall notify the employee in writing and supply the employee with the documentation used to determine the overpayment.

If the employee contends that any portion or the entire amount is not owed, they may request a meeting with the City to attempt to resolve the disagreement. The employee may have a representative attend such meeting(s) with them.

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B. Repayment of Funds
An employee will pay no penalties, fees or interest as a result of the overpayment when the City and employee mutually agree upon how the repayment will be made. The employee shall have the right to select one of the following options for repayment:

1. Lump sum payment with the date mutually established by the employee and the City (lump sum payments must be made if the total amount due is 5 percent or less than the employee’s biweekly gross salary).

2. Biweekly installment payments through payroll deduction (installment payments must be a minimum of $10 and repayment must be completed within twenty-six pay periods).

3. Any other repayment arrangement mutually agreed upon between the City and the employee.

The final agreement on the repayment will be committed to writing (including the lump sum payment date, or the biweekly amount and the beginning and ending date of the installment plan identified).

C. Referral to Collections
The City may refer an employee to a collection agency or seek payment only when the employee, after being duly notified of the overpayment and having had the opportunity to review the relevant documentation, refuses to agree to a repayment of the amount owed. The employee will be notified of the referral and the City reserves all its rights to seek repayment and pursue all remedies under law including interest as it would for any other debtor.

11.09 Departmental Technology Coordinator Differential
An employee assigned as a Departmental Technology Coordinator by his/her Department Head shall receive $60 premium pay per pay period during the period of such assignment. Such differential shall become effective the first full pay period of the assignment.

11.10 Bilingual Pay
The City shall provide payment of an additional $60 per pay period to an eligible employee when the City certifies an employee as qualified and the position requires the use of bilingual language skills. For purposes of this section, the City certifies an eemployee as qualified when the City confirms that an employee has the necessary bilingual language proficiency, which may be established through an examination or process, including but not limited to, passing a language proficiency examination, interviewing with a language panel, or certification or possession of credential(s) by a language services company or institution.

SECTION 12.00 - HOLIDAYS
Part-time employees shall receive the following holiday benefits on a pro-rated basis, given the ratio of

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their budgeted work schedule to full-time.

All employees will accrue paid holiday time for use in the pay period with the holiday. The accrual will be in the amount listed for the holidays listed in Section 12.01 (Fixed Holidays) of this MOU. Employees with any unpaid time in the pay period must be in paid status for at least 50% of the pay period to accrue paid holiday time.

Employees are required to use holiday leave on holidays they do not work, even if they are on leave or are sick. The use of vacation, compensatory time, excess holiday, or other leave time on holidays is only allowed to make up the difference between the hours of holiday granted and the amount of hours the employee is scheduled to work.

Employees are not allowed to use unpaid closure time on holidays during the City’s holiday closure.

12.01 Fixed Holidays
Employees within the unit shall have the following specific holidays with pay:

Twelve (12) 8 Hour Holidays
New Year’s Day
Martin Luther King’s Birthday
Presidents’ Day
Cesar Chavez Day
Memorial Day
Juneteenth Day
Independence Day
Labor Day
Veterans’ Day
Thanksgiving Day
Friday after Thanksgiving
Christmas Day
Four (4) Hour Holidays
The last four (4) hours of the work shift are Holiday hours for Christmas Eve.

The last four (4) hours of the work shift are Holiday hours for New Year’s Eve.

Except as provided for on Christmas Eve and New Year’s Eve, when a holiday falls on Sunday, the following Monday shall be observed. When a holiday falls on Saturday, the proceeding Friday shall be observed.

12.02 Floating Holidays
In addition to the above fixed holidays, employees shall accrue up to twenty-four (24) hours of floating holidays per fiscal year. Floating Holiday accrual will be on a monthly basis. Full-time employees shall accrue floating holidays at the rate of two (2) hours per month. Part-time employees shall accrue floating holidays on a pro-rated basis, given the ratio of their budgeted work schedule to full-time (e.g., all employees working in a 20 hour/week position shall receive

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one (1) hour of floating holiday each month).

Floating holidays may only be taken with prior approval. Upon separation, employees shall receive the value of their unused accrued Floating Holiday.

Accumulation of floating holidays shall not exceed twenty-four (24) hours.

12.03 Holiday on Regular Day Off
An employee whose regular day off falls on a fixed holiday shall receive equivalent holiday time off at a later date.

12.04 Holidays During Vacation
Fixed holidays which occur while an employee is on paid vacation leave shall be charged to holiday hours and not the employee’s vacation balances.

12.05 Holiday Pay-Off
Any fixed holiday hours not taken prior to the end of the fiscal year may be credited to the employee’s vacation balance (not to exceed the maximum accrual) on the last pay date in June each year.

12.06 Eligibility
To qualify for holiday pay, an employee must be on paid status on his/her last scheduled work day before the holiday and his/her first scheduled work day after the holiday.

12.07 Holiday Work
If an employee is directed by their supervisor to work on a holiday, those holiday hours may be used at a later date during the fiscal year.

SECTION 13.00 - VACATION

13.01 Accrual
Vacation accrual will be on a monthly basis beginning at date of hire. Employees within the sixmonth probationary period may use accrued paid vacation upon approval of the department head; such time will not be counted as qualifying service toward completion of the probationary period.

An employee must be in paid status for at least 50% of a pay period to earn their vacation accrual.

Annual vacation accrual shall be based on continuous service, as follows:

Up to five (5) years: 80 Hours
Six (6) to ten (10) years: 120 Hours

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Eleven (11) or more years: 120 Hours, plus 8 hours for each year of service after ten (10) years to a maximum of 160 hours.

13.02 Vacation Accrual Limit
Accumulation of vacation time shall not exceed three times the annual rate of accrual without prior written authorization for a specified amount of hours and specified length of time from the Department Head and the Human Resources Director. Accumulation of vacation time will revert to twice the annual rate of accrual on December 22, 2023.

13.03 Illness During Vacation
An employee who becomes ill or is hospitalized while on vacation and provides a written statement from a licensed medical practitioner to this effect shall have the period of illness charged against sick leave and not vacation leave.

13.04 Special Recruitment Circumstances
To facilitate the recruitment process of Mid-Management Classifications, the City Manager and the Human Resources Director may, at their discretion, set a higher Vacation Accrual Rate than specified in Section 13.01 and/or grant an advance Vacation Bank. Such rate shall not exceed the Vacation Accrual Rate or Maximum Accrual Amount that would apply if the applicant’s prior years of service were credited as City service.

13.05 Required Work During Vacation
An employee who is called to work while on vacation, either physically, by phone, or online, shall be entitled to charge the hours they worked while on vacation to normal work and not vacation leave, according to the provisions of APO II-52 Time Off Accounting for FLSA Exempt Employees.

SECTION 14.00 - SICK LEAVE

14.01 Definition
The purpose of this article is to provide paid leave time to be used by employees consistent with the Healthy Workplaces, Healthy Families Act of 2014 upon the oral or written request of the employee for the following purposes:

1. Diagnosis, care, or treatment of an existing health condition of, or preventive care for:
a. the employee or
b. the employee’s family member as defined in Section 14.02.01 Family Sick Leave

2. For an employee who is a victim, or whose family member is a victim, of domestic violence, sexual assault, or stalking for time off from work to:
a. obtain or attempt to obtain any relief, including, but not limited to, a temporary restraining order, restraining order, or other injunctive relief, to help ensure the health, safety, or welfare of the victim or their child; or

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b. to seek medical attention for injuries caused by domestic violence, sexual assault, or stalking; or
c. to obtain services from a domestic violence shelter, program, or rape crisis center as a result of domestic violence, sexual assault, or stalking; or d. to obtain psychological counseling related to an experience of domestic violence, sexual assault, or stalking; or
e. to participate in safety planning and take other actions to increase safety from future domestic violence, sexual assault, or stalking, including temporary or permanent relocation.

14.02 Accrual and Use
An employee must be on paid status for at least 50% of the working hours of a pay period to earn sick leave credit for that pay period.

Full-time employees shall accrue sick leave at the rate of eight (8) hours per month.

Part-time employees shall accrue sick leave on a pro-rated basis, given the ratio of their budgeted work schedule to full-time (e.g., all employees working in a 20 hour/week position shall receive four (4) hours of sick leave each month).

If the need for paid sick leave is foreseeable, the employee shall provide reasonable advance notification. If the need for paid sick leave is unforeseeable, the employee shall provide notice of the need for the leave as soon as practicable and provide documentation acceptable to the City confirming the unforeseeable nature of the need.

The City shall not require as a condition of using paid sick days that the employee search for or find a replacement worker to cover the days or times during which the employee uses paid sick days.

The City shall not deny an employee the right to use accrued sick days, discharge, threaten to discharge, demote, suspend, or in any manner discriminate against an employee for using accrued sick days or attempting to exercise the right to use accrued sick days, consistent with the reasons in Section 14.01, the notice and documentation requirements in Section 14.02, and the provisions of Section 14.02.01.

An employee may determine how much paid sick leave he or she needs to use, consistent with the provisions of Administrative Procedure Order II-52 Time Accounting for FLSA Exempt Employees.

14.02.01 Family Sick Leave
Up to six (6) months of annual accrual of accrued sick leave per fiscal year may be used when the employee’s personal attendance is required to care for a family member for preventive healthcare; diagnosis, care, or treatment of an existing health condition; or if they are a victim of domestic violence, sexual assault, or stalking. For the purposes of this provision, “family member” means any of the following:

A. A child, which for purposes of this article means a biological, adopted, or foster child, stepchild, legal ward, or a child to whom the employee stands in loco parentis. This definition of a child is applicable regardless of age or dependency status.

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B. A biological, adoptive, or foster parent, stepparent, or legal guardian of an employee or the employee’s spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child.

C. A spouse.

D. A registered domestic partner.

E. A grandparent.

F. A grandchild.

G. A sibling.

H. Other close relation residing in the employee’s household.

The accrual limitation may be extended by the Human Resources Director with good cause.

14.03 Limitations
A department head may require an employee to submit verification of an illness or injury from a licensed medical practitioner prior to any use of sick leave being authorized in cases where there is suspected misuse of sick leave.

In cases of chronic absenteeism or medical work restrictions, the Human Resources Director may have an employee examined by a City-selected physician in accordance with applicable law.

The City shall pay the cost of any such medical exam.

14.04 Sick Leave Incentive Program
On the last pay day in December each year, employees who have accumulated more than four hundred (400) hours of sick leave will “bank” all hours in excess of four hundred (400). Banked hours may not later be converted to cash or vacation and will be used as sick leave only when all other sick leave is exhausted. The City will notify employees at least two (2) weeks before banking excess hours of sick leave.

Employees may instead choose to receive a cash pay-off or convert sick-leave hours in excess of four hundred (400) to vacation hours at the rate of thirty three percent (33%) of their current base rate of pay (not to exceed the Vacation Accrual Limit described in MOU Section 13.02 Vacation Accrual Limit).

An employee who chooses to receive a cash pay-off must irrevocably elect by December 1st of the prior calendar year to receive any of the sick leave hours they will earn in excess of four hundred (400) in the following calendar year as cashable on the last pay day of the following calendar year. The employee’s irrevocable election must designate the amount of their accrued sick leave earned each pay period in excess of four hundred (400) hours that they wish to be subject to the irrevocable election for cash pay-off on the last pay day in the following calendar year.

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Elections will not carry over from one calendar year to the next calendar year. Employees who do not make an irrevocable election by December 1st as described above will be deemed to have elected not to participate and will have all sick-leave hours accrued in excess of four hundred (400) in the following calendar year “banked” or converted to vacation on the last payday in the following calendar year and will be prohibited from receiving a cash-out.

Unless they have made a prior-year irrevocable election as described above, employees who have an excess of four hundred (400) hours of unbanked sick leave at the time of separation from the City will receive a payoff of all hours over 400 hours at the rate of 33% of the employee’s base rate of pay.

14.04.01 Sick Leave Conversion
The City will provide the sick leave conversion benefit in accordance with Government Code Section 20965 at the rate of 0.004 years of service credit for each unused day of sick leave upon retirement.

14.05 Personal Business Leave
Employees may use up to twenty-four (24) hours per fiscal year of their accrued sick leave for the purpose of personal business. The scheduling and use of such leave is subject to the approval of the supervisor and shall only be authorized for non-recreational, business-related activities.

SECTION 15.00 - LEAVES OF ABSENCE
All leaves provided in this article shall be granted to full-time employees at the rates described.

Part-time employees shall receive paid leaves of absence on a pro-rated basis, given the ratio of their budgeted work schedule to full-time.

15.01 Paid Leaves of Absence

15.01.01 Bereavement Leave
The purpose of this section is to provide paid leave for employees when they are bereaved at the death of a family member and this loss has had a temporary effect on the employee’s ability to continue daily work performance.

A leave of absence with pay of up to forty (40) hours per incident may be granted an employee by the department head in the event of a death in the employee’s family which shall, for the purpose of this article, include spouse, child, parent, registered Principal Domestic Partner, sibling, grandparent, parent-in-law, grandchild of the employee, spouse or registered Principal Domestic Partner, child-in-law, grandparent-in-law or a close relation residing in the employee’s household. In rare cases when the individual has no other legal relationship than a foster or step parent, the Human Resources Director or City Manager has the discretion to approve that leave upon application.

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15.01.02 Jury Duty
An employee required to report for jury duty or to answer a subpoena as a witness in their capacity as a City employee, shall be granted a leave of absence with pay for actual time spent in court and in related travel, not to exceed the number of hours in the employee’s normal work day and work week. An employee must notify their supervisor of the expected duration of the absence and must present to the department head official documents supporting such duty.

An employee shall reimburse the City for any jury services or witness fees received, except mileage or subsistence allowance. This section shall not apply to grand jury service.

15.01.03 Military Duty
An employee who is a member of the National Guard or any reserve component of the armed services of the U.S. shall be granted up to thirty (30) days per fiscal year of paid leave for any active duty scheduled during the employee’s regular work hours. The employee must give their supervisor forty-eight (48) hours advance notification of the need for such leave and must present a copy of the “notice” for such duty. All other military leaves shall be granted pursuant to relevant State and Federal statutes.

Employees who exhaust the paid leave benefits described above may take unpaid leave pursuant to Section 15.02.01 and are not required to use vacation or other similar leave.

15.01.04 Workers’ Compensation
An employee who is entitled to continued temporary disability payments may use accumulated paid leave to supplement such payments to an amount equal to their net salary. After depletion of any accrued paid leaves, the employee shall be eligible for benefits only in the amounts prescribed by the workers’ compensation laws.

The Association and the City recognize that work-related injuries/illnesses can often be prevented. Work-related injuries or illnesses shall be an ongoing agenda item for Citywide Safety Committee. Proactive, measures may be recommended by the Committee. The Committee will also make recommendations on appropriate way(s) of reviewing workers’ compensation claims.

15.01.05 Paid Birth/Adoptive Leave
An employee is entitled to forty (40) hours leave with pay at or about the time of the birth of the employee’s child or the placement of a child with the employee for adoption or foster care .

The paid leave shall be taken within twelve (12) months of the birth or placement for adoption or foster care. An employee may use this leave once per rolling twelve (12) month period measured backward from the start of the leave. This leave will be in addition to the time allotted to family leave as authorized in Section 15.02.03.

15.01.06 Absence for Examination
An employee shall be granted paid release time to participate in any part of an examination process for promotion or transfer within the City workforce that is scheduled during the

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employee’s regular hours of work. The employee shall notify their immediate supervisor twenty-four (24) hours in advance of such an absence.

15.02 Unpaid Leaves of Absence

15.02.01 Leave Without Pay
Leave of absence without pay may be granted to an employee in a case of extended illness or disability, personal emergency or other situation where such absence would not be contrary to the best interests of the City. Such unpaid leave will only be granted after an employee has depleted all appropriate paid leaves.

The department head may grant a leave of absence of up to thirty (30) consecutive calendar days; additional leave may only be granted by the City Manager. No vacation, holidays, sick leave, or any other paid benefit shall be accrued or earned during such leave. All requests for unpaid leaves of absence must be made in writing and include specific begin and end dates for the leave.

15.02.02 Pregnancy Disability Leave
An employee may take a leave of absence of up to four (4) months in length for the purpose of pregnancy disability leave. The employee must provide adequate medical certification regarding any work restrictions that may exist prior to or after the birth.

Requests for pregnancy disability leave must be made in writing to the department head at least thirty (30) days in advance of the anticipated starting date. Such requests must include specific begin and end dates for the leave. Starting dates should be as accurate as possible barring any unforeseen medical issues related to the pregnancy or earlier or later birth than anticipated.

Any requests for extension of pregnancy disability leave must be made in writing to the department head at least ten (10) calendar days prior to the scheduled end of the existing leave.

The employee may elect to use any accrued sick leave and vacation either before or after an approved pregnancy disability leave. No combination of pregnancy disability leave, family leave, sick leave or vacation may exceed one (1) year total or seven (7) months post-partum.

Any additional post-partum leave not to exceed one (1) year total, may be approved by the City Manager or their designee after consideration of the nature of the request and the operational needs of the department.

Upon return to work the employee shall be assigned to the same classification but not necessarily to the same department.

15.02.03 Family Leave
A. In accordance with the Federal Family and Medical Leave Act and the California Family Rights Act, the City will grant job protected unpaid family and medical leave to eligible employees for up to twelve (12) weeks, (continuous or cumulative), per rolling twelve (12) month period measured backward for any one or more of the following reasons:

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1. The birth of a child and in order to care for such child or the placement of a child with the employee for adoption or foster care including the child of the employee’s domestic partner (leave for this reason must be taken within the twelve (12) month period following the child’s birth or placement with the employee);
a. In any case in which both parents are employed by the City of Santa Cruz and are entitled to leave, the aggregate number of workweeks of leave to which both may be entitled is limited to twenty-four (24) workweeks during any twelve (12) month period if leave is taken for the birth or placement for adoption or foster care of the employee’s child or child of the employee’s domestic partner.

2. In order to care for a spouse, domestic partner, child, parent, parent-inlaw, grandparent, grandchild, or sibling of the employee who has a serious health condition;

3. The employee’s own serious health condition that makes the employee unable to perform any one or more of the essential functions of their position.

4. Military family leave which includes:
a. “Qualifying Exigency Leave” may be taken if the employee’s spouse, son, daughter, or parent is on covered active duty or called to covered active duty status in the Regular Armed Forces during deployment to a foreign country or in the National Guard and Reserves during deployment to a foreign country under a call or order in support of a contingency operation; qualifying exigencies may include short-notice deployment, attending certain military events, arranging for alternative childcare and school activities, addressing certain financial and legal arrangements, attending certain counseling sessions, rest and recuperations, and attending postdeployment reintegration briefings. b. “Military Caregiver Leave” of up to twenty-six (26) workweeks in a twelve (12) month period may be taken by an eligible employee who is the spouse, son, daughter, parent, or next of kin of a “covered servicemember”, in order to care for the covered servicemember with a serious illness or injury incurred or aggravated in the line of duty while on active military duty.

1. In any case in which both parents are employed by the City of Santa Cruz and are entitled to leave to care for a covered servicemember, the aggregate number of workweeks of leave to which both may be entitled is limited to twenty-six (26) workweeks during any twelve (12) month period.

B. Conditions covering the leave shall include the following:

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1. Eligible employee means having been employed by the City for twelve (12) months and having worked for at least one-thousand-two-hundredfifty (1,250) hours during the twelve (12) month period immediately preceding the commencement of the leave;

2. Medical verification is required for employees or ill family member for medical leave period;

3. Employees are required to give at least thirty (30) days written notice in the event of a foreseeable leave. In unexpected or unforeseeable situations, an employee should provide as much written notice as is practicable.

4. Employees are required to use accrued vacation as a part of the family leave period. Use of sick leave is not required but may be used pursuant to the applicable provisions of this Memorandum of Understanding.

5. Employees retain “employee” status while on family leave. The leave does not constitute a break in service for purposes of longevity, and/or seniority. Upon return to work, employees will be reinstated to an equivalent position with equivalent pay and benefits.

6. Any request for additional leave may be made pursuant to section

15.02.01. 7. Any other conditions or interpretations of this leave shall be based upon the Federal Family and Medical Leave Act and the California Family Rights Act.

15.03 Continuation of Insurance Benefits During Unpaid Leaves of Absence City-sponsored insurance benefits may be continued during unpaid leaves of absence under the following conditions:

15.03.01 Personal Leave
The City shall continue to pay benefit premiums during a personal leave of less than thirty (30) calendar days.

For leaves of more than thirty (30) calendar days, employees may continue premium payments at their own cost, in accordance with appropriate PERS medical plan provisions.

15.03.02 Medical Leave
The City shall continue to pay benefit premiums during the entire length of a medical leave of absence including pregnancy disability leave.

15.03.03 Family Leave

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Benefit premiums shall be made in accordance with the Federal Family and Medical Leave Act and the California Family Rights Act. Under the current law, the City will continue to maintain coverage under the same conditions as coverage would have been provided if the employee had been continuously employed during the leave period.

SECTION 16.00 - BENEFITS
The City shall assume the costs of all medical benefit increases in regards to the various subsections of Section 16.00 Benefits.

16.01 Medical Benefits
A. City Cafeteria Plan Contributions
The City will provide medical insurance through the California Public Employees’ Retirement System (CalPERS). The City will contribute a monthly amount to CalPERS pursuant to Government Code Section 22892 of the Public Employees Medical and Hospital Care Act (PEMHCA).

In accordance with IRS Code Section 125, the City will provide a Flexible Benefits Plan (“Cafeteria Plan”) to all eligible employees. If an employee elects to participate in a CalPERS medical plan, the maximum monthly City contribution*, including the PERS required minimum, shall equal 90% of the cost of the highest medical premium between the Blue Shield Access+ HMO and PERSChoice PPO plans and employees will contribute the remaining premium balance, based upon the plan level in which they are enrolled (i.e., employee only, employee plus one, or employee plus family). Employees shall pay their contribution on a pre-tax basis. In no event will the maximum monthly City contribution exceed the premium for the plan in which the employee is enrolled.

Each employee participating in a medical plan will make an additional $35.00 contribution per pay period towards the cost of health care benefits. This pre-tax contribution is made during pay periods where employee deductions for health care benefits are taken (24 pay periods).
*Note: The monthly contribution is based on the CalPERS regional pricing for the Bay Area/Sacramento area, Region 1). In the event an active employee relocates to another regional area, or a newly hired employee resides in another regional area, it is the City’s intent to provide a contribution based on the Bay Area/Sacramento area CalPERS regional pricing (Region 1 Area regional pricing) with the understanding that in no event will the maximum monthly City contribution exceed the premium for the plan in which the employee is enrolled.

B. Optional Benefits
Through the Cafeteria Plan, employees may enroll in the following optional benefits and elect to pay premiums on a pre-tax basis:

1. Medical Reimbursement Account (MRA)

2. Dependent Care Reimbursement Account (DCAP)

3. Cancer and Critical Illness Protection Insurance

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Employees may also enroll in the following optional benefits and elect to pay premiums on a post-tax basis:

1. Accident Protection Insurance

2. Additional Life Insurance

3. Long Term Care Insurance
C. Medical Waiver
Employees may elect to waive City medical coverage and receive a cash benefit. In order to receive the medical waiver benefit, the employee must provide proof to the City of other current medical coverage. Full-time employees who waive medical coverage are eligible to receive $200.00 per month; part-time employees shall receive a prorated amount, based upon their full-time equivalency (FTE). The medical waiver amount may be applied toward the purchase of any pre-tax or post-tax optional benefits or paid as a taxable cash benefit.

Employees receiving the medical waiver benefit must notify the Human Resources Department if they cease to be covered by any other medical plan, thereby making them ineligible for the medical waiver benefit.

D. Medical Plan Changes
The City will continue to work with the bargaining unit to research alternatives to the CalPERS medical plan and options within the CalPERS plan. If the City discontinues CalPERS medical coverage, the City will provide similar coverage, to the extent possible.

In the event the City proposes a change in medical plan coverage, the City will meet and confer with the Association regarding the impact of any changes prior to implementation of such change.

Any change from the CalPERS medical plan during this contract term will only be made by mutual agreement.

E. Extension of IRS §125 “Use-it-or-Lose-it” Provision
The City’s Cafeteria Plan Flexible Spending Arrangement (FSA) allows a 2½ month extension of the period within which participants in the FSA plan may be reimbursed for qualified benefit expenses with pre-tax dollars.

Reimbursable expenses for the calendar plan year are not limited to expenses incurred through December 31 of the calendar year but may include expenses incurred through March 15 of the following plan year. Because the 2 ½ month extension will overlap with a new plan year, benefit expenses incurred from January 1 through March 15 may be paid from either the unused contributions from the previous plan year, if any, or the contributions made during the new plan year.

16.02 Dental Insurance
The City shall provide a dental plan for employees and their eligible dependents with a maximum benefit of $3,000.00 per covered individual per calendar year.

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16.03 Vision Insurance
The City shall provide a vision plan for employees and their eligible dependents.

A. Coverage will include an annual eye examination. Contacts or lenses will be covered every year, frames every two years.

B. The maximum monthly premiums contribution by the City is as follows:

Employee Only: $10.64
Employee + Family: $18.74

16.04 State Disability Insurance
Effective the pay period inclusive of August 30, 2026, the City will provide to represented employees CA SDI and STD Plan Option #9 (30 day EP to dovetail with LTD 90 day EP, 24-hour coverage). To cover the cost of SDI benefits, employees shall contribute 1% of their base salary through Payroll deductions.

16.05 Long Term Disability
The City shall contribute the full cost of the City-sponsored long-term disability program for employees working 30 or more hours per week, with a maximum benefit of $10,000 per month.

16.06 Part-Time Employees
The City shall pay a pro-rated share of medical, dental, vision and life insurance premiums for part-time employees. The City’s pro-rated share of the premiums shall be based upon the proportion of the part-time employee’s hours in relation to full time equivalency (FTE)* (e.g., a 24 hour per week position is .6 FTE; an employee in a .6 FTE position will receive 60% of the premium paid by the City for a full-time employee). Part-time employees shall pay the balance of the premiums on a pre-tax basis unless the employee elects to pay the balance on a post-tax basis.
*Full time equivalency, or FTE, is the ratio of an employee’s budgeted work schedule to fulltime work.

16.07 Retiree Health Program
A. Retiree Medical Plan
Covered employees who retire under the provisions of the City’s contract with CalPERS, are currently eligible to continue CalPERS medical coverage. The City will contribute a monthly amount to CalPERS pursuant to Government Code Section 22892 of the Public Employees Medical and Hospital Care Act (PEMHCA), at $151 per month as of the signing of this MOU.

B. Retiree Medical Incentive
Employees who receive a regular service retirement from CalPERS and have at the time of retirement at least five (5) years of continued service with the City and are at least fifty

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(50) years of age, will receive a retiree medical incentive in the amount of $89.00 per month. This incentive will be paid during any period the retiree maintains CalPERS medical coverage and until such time the retiree is eligible for Medicare or other Federal or State health programs, solely on account of age. If coverage is dropped and subsequently restarted it is the retiree’s responsibility to give the City written notice; payment of the incentive will be re-started beginning with the month in which the City receives written notice. If notice is received in a month after which coverage is re-started there will be no retroactive payment of the incentive for that/those month(s).

16.08 Life Insurance
The City shall provide a $25,000 term life insurance policy for employees.

16.09 Principal Domestic Partners
The City will provide medical, dental and vision benefits to employees with Principal Domestic Partners equivalent to those provided to an employee’s spouse. Employees may enroll their eligible Principal Domestic Partners and the eligible dependents of their Principal Domestic partners subject to the eligibility requirements established by either CalPERS or the City and subject to the tax regulations of the State of California and the Internal Revenue Service of the United States Government.

SECTION 17.00 - MID-MANAGEMENT BENEFITS

17.01 Management Vacation
In the first full pay period in January of each year, all Mid-Management employees will be credited with eighty (80) hours of vacation time in addition to their normal authorized vacation allowance. This additional vacation shall be designated as Management vacation. The ability to cash out management vacation will be limited to twenty (20) hours and shall occur in the last full pay period of December. Employees who do not use all of their Management Vacation prior to the first full pay period in January of each year will only be credited at the start of the subsequent year with sufficient hours to maintain an eighty (80) hour balance. Upon separation, employees shall receive the value of their unused management vacation. This benefit will be prorated for new hires, promotions, and part-time employees.

It is mutually understood and agreed that retroactive changes to time cards converting already used management vacation to some other form of paid leave, thus increasing the number of management vacation hours eligible for pay out at years end, will not be allowed.

It is mutually understood and agreed that it is each individual employee’s responsibility to manage their use of management vacation hours to avoid the loss of any unused time.

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17.02 Optional Management Benefit
In recognition of unscheduled and special assignments performed by Mid-Management employees and night meetings they occasionally attend, the City will contribute $1,300 for employees with less than ten (10) years of service and $1,500 for employees with ten (10) or more years of service to an optional management benefit plan. Payment for this benefit shall be made on the last pay date in July of each year for the previous fiscal years’ service. In lieu of direct payment, employees may select one of the following options for use of this benefit:

1. Payment to deferred compensation (not as an “employer contribution”);

2. Purchase of additional vacation leave, not to exceed the Vacation Accrual Limit in Section 13.02.

This benefit will be pro-rated for new hires, promotions, part-time and terminated employees.

SECTION 18.00 - TUITION REIMBURSEMENT
The City shall reimburse employees the cost of tuition and books for job-related college, university courses, workshops, adult education and other training programs when approved by the Department Head and Human Resources Director prior to enrollment.

Payment shall be made upon successful completion of each course. This provision shall be limited to $500 per fiscal year and pro-rated for part-time employees.

SECTION 19.00 - TRAINING AND PROFESSIONAL DEVELOPMENT
The City and its Mid-Management employees are committed to training and professional development.

The City budgets funds for such training and development and the City department heads are responsible for the application of the funds. Mid-Management unit employees are expected to attend the “Introduction to Leadership” course once, along with two qualifying courses from the Employee and Leadership Development Program on a yearly basis.

The City Manager may approve Mid-Management employees’ attendance at out-of-state conferences on an individual basis when it is determined to be in the best interest of the City.

The City shall pay for employees for attendance at all approved conferences that directly relate to their positions. The City shall reimburse the employee for any additional allowable expenses incurred during the attendance of conferences or seminars. More than one employee may attend the same conference when it is deemed appropriate by the department head.

SECTION 20.00 - MEMBERSHIPS AND LICENSES
The City will pay all professional license fees required for employment.

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SECTION 21.00 - COMMUNICATIONS
At least three (3) times per a year, a joint meeting of the City’s Mid-Management and Executive personnel will be held for the purpose of discussing items of mutual concern.

SECTION 22.00 - SAFETY
The City intends to meet its obligation under the California Occupational Safety and Health Act and shall adopt and use safeguards, devices and practices reasonably adequate to render such employment safe.

The Association will cooperate with the City by requiring employees under its control to work safely and, further, the Association recognizes its obligation as management to support the City’s effort to prevent injuries.

At least two Mid-Management employees shall be members of the Safety Committee. The Committee will establish a work program to carry out its functions.

SECTION 23.00 - BUDGET REVIEW
During each fiscal year of the MOU, the City’s Finance Department and Human Resources Department will meet with the bargaining unit within three weeks of the mid-year budget presentation to the City Council to review the budget and the City’s financial condition.

SECTION 24.00 - REDUCTION IN FORCE
If the workforce is reduced or hours of work are reduced for reasons of changes in duties or organization, abolition of positions, shortage of work or funds, or completion of work, regular (non-temporary) employees with the shortest length of service within the classification will be laid off first, provided that employees retained are fully qualified, trained and capable of performing remaining work in the opinion of the department head. Length of service for the purpose of this section will be calculated from the hire date of record into a regular (non-temporary) position.

The order of lay-off shall be as follows:

1. Temporary

2. Probationary

3. Regular
This Reduction in Force section shall not be construed to either broaden or decrease the rights of the City or the employees under State law.

24.01 Bumping
Bumping is defined as a voluntary movement of an employee to be laid off from his/her current classification to a previously held lower classification held by an employee with less seniority. This includes previously held classifications that have been revised or had title changes. Bumping privileges may be exercised only within the employee’s current department unless the Director of the department that would receive the employee agrees to the transfer. An employee with sufficient seniority to bump

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an employee in a lower classification shall bump the least senior person in that classification.

24.02 Notice
Employees laid off according to this section shall be given not less than fifteen (15) days written notice prior to the reduction in force unless the reduction is necessitated by emergency or urgent conditions.

A copy of such notice shall be given concurrently to the Association. If there is sufficient time, thirty (30) days’ notice shall be given.

24.03 Reassignment
Wherever possible, such employees will be offered regular or temporary positions which are requisitioned and for which the employees are qualified.

Employees displaced under this section will be assigned to the step in the new classification salary range closest to the employee’s salary at the time of reduction of force.

24.04 Reinstatement
Should the position from which an employee was laid off be re-established within 18 months, thereby increasing the workforce in that division, the employee shall be eligible for reinstatement. It shall be the employee’s responsibility to notify the Human Resources Department of their current address.

Every effort shall be made to notify the affected individual of any reinstatement opportunity.

Reinstatement shall be in the reverse order of layoff.

SECTION 25.00 - GRIEVANCE PROCEDURE

25.01 Purpose
To assure prompt and fair treatment of employee grievances related to employment. Any employee covered by this Memorandum of Understanding may file a grievance.

25.02 Definition
A grievance is defined as an alleged violation, misinterpretation, or misapplication of the provisions of this Memorandum of Understanding or the City’s Personnel Rules and Regulations.

25.03 Limitations
A. A grievant may be represented by any representative of their choosing in preparing and presenting a grievance.

B. No reprisal shall result against any employee who presents a grievance under this procedure.

C. A grievant and representative will be allowed reasonable time during work hours to meet regarding any grievance as provided in this article without loss of pay. It is understood that the grievant and representative shall: (1) provide their supervisor(s) with advance notice and request for such time; (2) that such request will not be arbitrarily denied; (3) that such time shall be charged on the grievant’s/representative’s time card

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to the designated program code, if applicable.

D. Time limits may be extended by written mutual agreement of the parties.

E. A grievance shall be considered settled in favor of the other party if, at any step, a decision is not rendered or appealed within the specified time limit.

F. Only upon mutual written agreement between the parties may Step I of the grievance p r o c e d u r e be waived.

25.04 Procedures
Step I:

The grievant will first attempt to resolve the grievance through informal discussions with successive levels of supervision beginning with their immediate supervisor through their department head. These discussions must be initiated within ten (10) working days following knowledge of the incident upon which the grievance is based. Every attempt will be made by the parties to settle the issue at this level.

Step II:

If the grievance is not resolved through the informal discussions, the employee may submit a written appeal to his/her department head within ten (10) working days after the informal meeting.

The written appeal must contain in clear, factual and concise language:

1. A brief statement as to the date of the occurrence on which the grievance is based and the facts as the grievant sees them;

2. The rule, regulation or act on which the grievance is based;

3. The action the grievant believes will resolve the grievance;

4. Signature of the employee.

The department head shall have ten (10) workdays following receipt of the appeal to review the matter and prepare a written response. Copies shall go to the parties involved and the Human Resources Department.

Step III:

If the grievance is not resolved, the grievant may, within five (5) workdays following receipt of the department head’s response, appeal to the City Manager or their representative, stating in writing the basis for the appeal.

The City Manager or their representative shall render a written decision to all parties directly involved within fifteen (15) workdays following the date which the aggrieved employee appealed the department head’s decision. This decision will be final.

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SECTION 26.00 - DISCIPLINARY APPEALS PROCEDURE

26.01 Definition
For the purposes of this article, disciplinary action shall mean suspension (as authorized by FLSA), demotion, disciplinary reduction in salary, or discharge.

The appeal procedure described herein shall apply to cases of disciplinary action affecting regular employees. It shall not be applicable to probationary employees. Employees have the right to representation at any or all stages of the appeal process.

26.02 Pre-Action Procedure
Step I:

Prior to imposing disciplinary action, the supervisor shall first provide the employee a preliminary written notice of the proposed action stating the effective date and the specific grounds and particular facts upon which the action will be taken. The employee shall have access to any known written materials, reports or documents upon which the action is based. The employee shall have the right to respond to the charges within five (5) workdays from receipt of the notice either orally, in writing, or both to the department head. If the department head is personally involved in the initial investigation and notice process, the City Manager or Human Resources Director shall appoint a designee to hear the response.

The employee may request an extension of the time to respond for justifiable reasons. Failure to respond within the time specified will result in the employee’s waiver of their procedural rights and final action will be taken.

Step II:

Following a review of a proposed disciplinary action, the department head, within five (5) workdays of receiving the employee’s response, shall render a written decision and send it by certified mail with return receipt or by personal delivery to the employee. A copy shall also be mailed to the employee’s representative. The written decision will include the effective date of the disciplinary action.

The employee has the right, within five (5) workdays after receiving the decision, to file a request for appeal with the City Manager. The appeal shall be a written statement, signed by the appellant, explaining the matter appealed from, stating the action desired by the appellant, with their reasons therefore, and stating that the pre-action procedures have been exhausted.

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26.03 Post-Action Appeal
Step III:

If the employee files a timely appeal, the City Manager shall, within five (5) working days after receiving the appeal, designate a hearing officer who shall schedule a hearing not less than five (5) working days from the date the appeal was received.

The hearing officer may conduct such independent investigation of the matter as they deem necessary. The appellant shall be given the opportunity to answer or present evidence in opposition to the findings of this independent investigation.

The appellant shall appear personally at the scheduled hearing unless physically unable to do so.

The appellant or their representative may produce relevant oral or documentary evidence at the hearing.

Within fifteen (15) working days following the hearing, the hearing officer shall render a written decision to all parties involved. The hearing officer has the authority to affirm, repeal or modify the disciplinary action.

For discipline equivalent to the severity of suspension (as authorized by FLSA) of one (1) week or less, or leave balance reduction of one (1) week or less, there shall be no appeal beyond Step III and the City Manager’s decision shall be final.

Step IV:

If the appeal (except as exempted above) is not resolved to the satisfaction of the appellant at the conclusion of Step III, the employee may appeal the decision of the City Manager to a neutral arbitrator, provided it so informs the City Manager in writing within ten (10) working days following receipt of the City Manager’s decision.

Within ten (10) working days from the date of receipt of appeal, the parties may mutually agree on a neutral party from an independent source to serve as an arbitrator. In the event the parties fail to agree on the neutral party, they shall immediately thereafter jointly request the California State Mediation and Conciliation Service to submit to them a list of five (5) persons qualified and available to act as arbitrator.

If such a list is requested from the State Mediation and Conciliation Service, the parties within five (5) working days of receipt of the list, shall mutually agree upon the person on the list who shall be the arbitrator. If one person is not mutually agreed upon, the parties shall within five (5) days after receipt of the list of names, alternately strike two (2) names from such list with the last remaining name to be the person serving as arbitrator. The party having first choice to strike a name from the list shall be determined by lot.

The arbitrator shall have no authority to add to, detract from, alter, amend, or modify any provision of this agreement, or impose on any party hereto a limitation or obligation not explicitly provided for in this agreement, or to alter any wage rate or wage structure. The decision of the arbitrator shall be rendered after the evidence and arguments are presented to them by the parties in the presence of each other and in post hearing briefs, if necessary. The decision of the arbitrator shall be final and binding upon the parties.

The arbitrator is requested to expedite the decision as the parties normally expect a decision to

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be issued within fifteen (15) days after the conclusion of the hearing.

The arbitrator’s expenses shall be borne equally by the parties, except that each party shall bear the cost of its own representation.

SECTION 27.00 - WRITTEN REPRIMANDS
A written reprimand may be issued by an employee’s supervisor if an employee has violated a City rule, provision of the M.O.U., or if their performance is in need of improvement. Written reprimands shall be placed in the employee’s personnel file. An employee shall have the right to prepare a written response to the reprimand and have said response placed in their personnel file. An employee may appeal the supervisor’s decision to issue a written reprimand to the department head by filing an appeal to the department head within five (5) working days of receipt of the reprimand. The department head’s decision regarding the written reprimand shall be final.

If the department head initiated the written reprimand, the employee has the right to appeal to the City Manager or their designee. The decision of the City Manager or their designee shall be final.

SECTION 28.00 - MISCELLANEOUS

28.01 Automatic Deposit - New Hires
Newly hired employees shall be required to receive their paycheck through automatic deposit.

Newly hired means only those employees hired from an external hiring list and does not include promotional hires from current City employees. The City will create an appeal process for those who do not use financial institutions.

SECTION 29.00 - HOLIDAY CLOSURE
If the City decides to close around the Christmas and New Years’ holidays, the following will apply:

A. Employee participation in the closure program is voluntary. During the closure, employees may use accrued vacation, compensatory time off, management leave, floating holidays, or excess holiday time.

B. Employees may also request leave without pay during this year-end closure which will result in budget savings. To encourage the use of leave without pay, seniority, benefit and leave accruals will not be impacted if leave without pay is taken during the year-end closure period. (Note: Unpaid leave is not credited towards PERS retirement.) The City will allow leave without pay hours to be deducted over the same number of pay periods as the number of workdays the City was closed.

C. If there are employees who do not wish to take either paid or unpaid leave time during the closure period the City will make a reasonable effort to accommodate their request to work during the closure by finding appropriate assignments and/or work space.

SECTION 30.00 - SEVERABILITY
Should any of the provisions herein contained be rendered or declared invalid by reason of any State or

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Federal legislation or court action, such invalidations shall not invalidate the remaining portions of this Memorandum of Understanding which shall remain in full force and effect, insofar as such remaining portions are severable.

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MID-MANAGEMENT ASSOCIATION CITY OF SANTA CRUZ

OF THE CITY OF SANTA CRUZ
Date Date
Michael Moore, OE3 Representative Tim Davis
Unfilled, President Sara De Leon
Rome Norman, Vice President
Emmanuel Fonseca, Secretary
Susan Nilsson, Library Representative
David McCormic, Bargaining Team

21.96 City Council

AGENDA REPORT
DATE: 11/10/2025
AGENDA OF: 11/18/2025
DEPARTMENT: Human Resources
SUBJECT: 2025-2028 City of Santa Cruz Services Employees International Union, Local 521, Tentative Agreement for Successor Memorandum of Understanding (HR)
LOCATION: Citywide
RECOMMENDATION: Motion to adopt a resolution adopting a tentative agreement between the City of Santa Cruz and the Service Employees International union effective October 11, 2025 through October 10, 2028.

BACKGROUND: The Memorandum of Understanding (MOU) with the Service Employees International Union, Local 521, (SEIU) expired on October 10, 2025. SEIU and the City have met and conferred in good faith according to the Meyers-Milias – Brown Act (MMBA) regarding wages, hours, and other terms and conditions of employment since June 25, 2025.

SEIU represents a broad employee bargaining unit encompassing a diverse workforce that delivers public services across nearly every City department. SEIU classifications support critical functions in public works, utilities, community programs, library services, and administrative operations. The bargaining unit includes approximately 137 regular classifications, with an additional 24 temporary classifications used intermittently for seasonal and limited-term assignments.

Regular SEIU classifications include both part-time and full-time positions assigned to schedules ranging from 32 to 40 hours per week, with hourly rates ranging from approximately $20.88 ($43,400 annually) for positions such as Facility Attendant to $64.25 ($134,000 annually) for advanced technical roles such as Water Quality Chemist III, Water Treatment Operator IV, and Environmental Microbiologist III.

Based on the 2021 Compensation study, the median average market standing of SEIU classification total compensation was 8.7% below market and was as low as 5.78% below market based on salaries effective in 2025. The 2025 Compensation study, which included updated surveyed agencies, shows the median average market standing of SEIU total compensation is approximately 9.6% below market. The City considers classifications within 5% of the market as competitive. The 2025 compensation study includes approximately 44 service classifications across varying city services such as administration, purchasing, accounting, code compliance,

22.1 building inspection, library services, building maintenance, wastewater and water operations, plan review, and more.

As part of the negotiation process the City considers the median market standing of total compensation, consumer price index of the Bay Area (CPI-U), and financial resiliency in proving services long-term.

DISCUSSION: Having met and conferred in good faith in accordance with the MMBA, the City and SEIU have reached a Tentative Agreement on a successor MOU for a three-year term. The agreement includes cost-of-living adjustments of 4%, 4%, and 4% over the contract period. In addition, a minimum increase of $1.25 per hour will apply if the 4% adjustment would otherwise result in a lesser amount. This provision supports equity among classifications within the SEIU bargaining unit, which encompasses approximately 137 classifications with hourly rates ranging from $20.88 per hour ($43,400 annually) to $65.75 per hour ($137,000 annually).

Beginning the first year of the contract, employees will assume payment of the employee portion of the State Disability Insurance (SDI) contribution. The City will also phase in payment of the

2.5% CalPERS retirement cost currently paid by employees, with the City assuming full responsibility for this amount by the end of the three-year term.

Other modifications include updates to holiday provisions, longevity pay, bilingual pay, hazardous material pay, weekend shift differentials for Water and Wastewater Operators, and vacation accrual as detailed in Exhibit A. The agreement also includes adjustments to mechanic tools and equipment.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) DETERMINATION: Not applicable.

HEALTH IN ALL POLICIES (HiAP): Approval of the successor MOU supports workforce stability across a wide range of City services, ensuring the continuity of clean water delivery, reliable wastewater and utility operations, public infrastructure maintenance, community and library programs, and administrative services that sustain community health, safety, and wellbeing.

FISCAL IMPACT:

1. The recommendation in this report impacts the General Fund: Yes

2. This recommendation requires a budget adjustment: Yes

3. The recommendation creates an on-going expenditure commitment: Yes FISCAL IMPACT DESCRIPTION: Employees represented by SEIU are funded through both the City’s General Fund (38%) and Enterprise Funds (62%). Any necessary budget adjustments related to this agreement will be incorporated into the FY 2026 mid-year budget review and presented by the Finance Department for Council
Prepared and Submitted By:

Sara De Leon
HR Director
Approved By:

Matt Huffaker
City Manager

22.2 ATTACHMENTS:

1. RESOLUTION.DOCX

2. EXHIBIT A - TENTATIVE AGREEMENT.PDF

22.3 RESOLUTION NO. NS-XX,XXX

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

TENATIVE AGREEMENT WITH THE SANTA CRUZ SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 521
WHEREAS, representatives of the City of Santa Cruz and the Service Employees International Union, Local 521, (SEIU) have met and conferred in good faith to bargain for a successor agreement; and
WHEREAS, the Tentative Agreement with SEIU has been entered into by the respective parties and duly ratified by SEIU members; and
WHEREAS, the terms of the Tentative Agreement are attached as Exhibit A.

NOW, THEREFORE, BE IT RESOLVED by the City Council that the City will prepare the Memorandum of Understanding to include the Tentative Agreement and bring it before the City Council for adoption at a later City Council meeting.

PASSED AND ADOPTED this 18th day of November, 2025 by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

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

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22.22 RESOLUTION NO. NS-XX,XXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ APPROVING A TENATIVE AGREEMENT WITH IAFF LOCAL 1716
WHEREAS, representatives of the City of Santa Cruz and the International Association of Firefighters Local 1716 (Local 1716) have met and conferred in good faith to bargain for a successor agreement; and
WHEREAS, the Tentative Agreement with Local 1716 has been entered into by the respective parties and duly ratified by Local 1716 members; and WHEREAS, the terms of the Tentative Agreement are attached as Exhibit A.

NOW, THEREFORE, BE IT RESOLVED that the City Council approves the Tentative Agreement and hereby directs that a successor Memorandum of Understanding be brought before the City Council for final approval at a later City Council meeting.

PASSED AND ADOPTED this 18th day of November, 2025 by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

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

23.1 City Council

AGENDA REPORT
DATE: 10/29/2025
AGENDA OF: 11/18/2025
DEPARTMENT: Human Resources
SUBJECT: 2025-2028 City of Santa Cruz International Association of Firefighters, Local 1716, Agreement for Successor Memorandum of Understanding (HR) LOCATION: Citywide
RECOMMENDATION: Motion to adopt a resolution approving a tentative agreement between the City of Santa Cruz and the International Association of Firefighters Local 1716 effective September 27, 2025 through July 3, 2028.

BACKGROUND: The Memorandum of Understanding (MOU) with the International Association of Firefighters Local 1716 (Local 1716) expired on September 26, 2025. Local 1716 and the City of Santa Cruz (City) have met and conferred in good faith according to the MeyersMilias-Brown Act (MMBA) regarding wages, hours, and other terms and conditions of employment since July 30, 2025.

Local 1716 represents classifications assigned to both 56-hour and 40-hour schedules that provide emergency fire suppression, fire prevention, and medical response services across four fire stations, the lifeguard headquarters, an administrative office, and the City’s emergency operations center. The unit includes approximately 54 full-time equivalent positions, including Firefighter/Paramedics, Fire Engineers, Fire Captains, Fire Prevention Inspectors, Deputy Fire Marshal, and Marine Safety Officers. Approval of the successor MOU supports workforce stability in these critical roles and ensures the continuity of essential public safety services for the community.

Based on the 2025 Compensation study the median average market standing of total compensation for firefighter classifications is 2.9% below market. The City considers classifications within 5% of the market as competitive. The 2025 compensation study includes the following benchmark classifications:
 Firefighter/Paramedic
 Fire Engineer
 Fire Captain

23.2 When it comes to wages the City considers the median average market standing of the classification and average overall standing of the group, consumer price index of the Bay Area (CPI-U), and financial resiliency in providing services long-term.

DISCUSSION: Having met and conferred in good faith in accordance with the MMBA, the City and Local 1716 have reached a Tentative Agreement on a successor MOU for a term of just under two years and nine months. The full three-year contract term, which is more typical, changed this cycle in order to shift contract negations timelines, reducing the number of MOUS being negotiated at one time. During the contract term, cost-of-living adjustments are 3%, 3%, and 3%. Other changes relate to holidays, longevity, and sick leave accruals as outlined in Exhibit A.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) DETERMINATION: Not applicable.

HEALTH IN ALL POLICIES (HiAP): Approval of the successor MOU supports workforce stability in critical public safety roles, ensuring continuity of emergency medical, fire suppression, and prevention services that protect community health and safety. This supports the Public Health pillar of HiAP.

FISCAL IMPACT:

1. The recommendation in this report impacts the General Fund: Yes

2. This recommendation requires a budget adjustment: Yes

3. The recommendation creates an on-going expenditure commitment: Yes FISCAL IMPACT DESCRIPTION: Additional appropriations to account for the cost of these compensation and benefit changes will be brought comprehensively to City Council in the FY 2026 midyear budget adjustment in February, 2026.

Prepared and Submitted By:

Sara De Leon
HR Director
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. RESOLUTION.DOC

2. EXHIBIT A – TOTAL PACKAGE TENTATIVE AGREEMENT.PDF

23.3 November 11, 2025

SUCCESSOR MOU NEGOTIATIONS
Between

CITY OF SANTA CRUZ
And
CITY OF SANTA CRUZ FIREFIGHTERS,I.A.F.F. LOCAL 1716
PARTIES TOTAL PACKAGE TENTATIVE AGREEMENT PROPOSAL #1R
The City submits this Total Package Tentative Agreement Proposal #3 pursuant to ground rule 14.

A rejection of any one of the proposals set forth below will be deemed a rejection of the Total Package Proposal in its entirety.

1. TERM PROPOSAL

1.00 TERM
The term of this Memorandum of Understanding (Memorandum) shall commence September 27, 2025, or the pay period when Council approves the successor MOU in open session, whichever is later, and expire the pay period ending on June 30, 2028.

2. SALARY PROPOSAL

10.02 SALARY
• Effective the pay period that begins on September 27, 2025, or the pay period when Council approves the successor MOU in open session, whichever is later, the salary for all bargaining unit members shall be increased by an additional three percent (3%). • Effective the pay period that begins on July 4, 2026, the salary for all bargaining unit members shall be increased by an additional three percent (3%). • Effective the pay period that begins on July 3, 2027, the salary for all bargaining unit members shall be increased by an additional three percent (3%).

3. LONGEVITY PROPOSAL

10.13 LONGEVITY
Effective September 25, 2027, longevity pay will be based on the employee’s years of service from the date of hire. Longevity pay will be part of the employee's base pay.

Upon completion of six (6) years of continuous regular service, employees shall receive a two-and-one-half percent (2.5%) longevity pay increase.

23.4 Upon completion of ten (10) years of continuous regular service, employees shall receive an additional four percent (4%) longevity pay increase for a total of six-and-one-half percent (6.5%).

Upon completion of fifteen (15) years of continuous regular service, employees shall receive an additional two percent (2%) longevity pay increase for a total of eight-and-onehalf percent (8.5%).

Upon completion of twenty (20) years of continuous regular service, employees shall receive an additional four percent (4%) longevity pay increase for a total of twelve-andone-half percent (12.5%).

4. SICK LEAVE ACCRUAL PROPOSAL

11.02 ACCRUAL

11.02.01 24-Hour Shift Personnel
All 24-hour shift personnel shall accrue sick leave at the rate of 16 hours for each full month of continuous regular service in which the employee has worked or has been in authorized leave of absence with pay.

5. TENTATIVE AGREEMENTS
Individual Tentative Agreements: The Parties also mutually agree to incorporate the individual tentative agreements signed by their respective bargaining teams during these negotiations for a successor MOU. All proposals exchanged by the Parties that are not included in a signed tentative agreement are hereby withdrawn.

For the City of Santa Cruz For the Local:
________________________________
Sara De Leon, Lead Negotiator
Date:
____________________________________
Eric Azarvand, Co-Lead Negotiator
Date:
________________________________
Timothy L. Davis, Co-Lead Negotiator
Date:
____________________________________
Eddie Carlson, President
Date:

23.5 23.6

23.7 23.8
City Council

AGENDA REPORT
DATE: 10/29/2025
AGENDA OF: 11/18/2025
DEPARTMENT: Human Resources
SUBJECT: Resolution Amending the City of Santa Cruz Compensation Plan (HR) LOCATION: Citywide
RECOMMENDATION: Motion to adopt a resolution amending the compensation plans by correcting compensation range for Wastewater Facilities Lead Electrical/Instrumentation Technician classification.

BACKGROUND: The Wastewater Facilities Electrical Instrumentation series was previously approved for a 10% compensation increase on November 9, 2024, by Resolution NS 30,400. The Wastewater Facilities Lead Electrical/Instrumentation classification, however, did not receive this increase, as a step in the series was unintentionally missed. The series is as follows and is represented from the series entry level to highest level:

Classification Title Classification Number Salary Range as of 11/09/24 Wastewater Facilities Lead
Electrical/Instrumentation
254 $43.9038 - $61.7769
$7,610 - $10,708
Since the existing budgeted position has been vacant there is no additional pay required.

DISCUSSION: On October 28, 2025 HR submitted an item to correct the administrative error to City Council but, unfortunately, the resolution did not match the corrected hourly rate. This staff report corrects the historic record and provides the revised resolution.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) DETERMINATION: Not applicable.

HEALTH IN ALL POLICIES (HiAP): Correcting the salary range ensures equity within the classification series and supports recruitment and retention of skilled wastewater staff, which is critical to protecting public health and maintaining reliable environmental services.

FISCAL IMPACT:

1. The recommendation in this report impacts the General Fund: Yes

2. This recommendation requires a budget adjustment: Yes

3. The recommendation creates an on-going expenditure commitment: Yes

24.1 FISCAL IMPACT DESCRIPTION: Additional appropriations to account for the cost of these compensation and benefit changes will be brought comprehensively to City Council in the FY 2026 midyear budget adjustment in February, 2026.

Prepared By:

Alex Schmidt
Program Analyst
Submitted By:

Sara De Leon
HR Director
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. RESOLUTION.DOCX

24.2 RESOLUTION NO. NS-XX,XXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ AMENDING THE COMPENSATION PLANS AND THE FY2026 BUDGET FOR THE PUBLIC WORKS

DEPARTMENT
WHEREAS, staff has recommended certain modifications to the Compensation Plan to correct an administrative error.

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

That the City of Santa Cruz Compensation Plan be modified to:

Activity Classification No. and Title Salary (New Compensation changes)
Change Salary of
Classification
254 – Wastewater Facilities
Lead
Electrical/Instrumentation
Technician (1.0 FTE)
From: $6,919/mo - $9,734/mo
To : $7,610/mo - $10,708/mo
$43.9038 - $61.776
PASSED AND ADOPTED this 18th day of November 2025, by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

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

24.3 City Council

AGENDA REPORT
DATE: 11/13/2025
AGENDA OF: 11/18/2025
DEPARTMENT: Planning and Community Development
SUBJECT: Fiscal Year (FY) 2025 Development Impact Fee Annual Report for Childcare Impact Fee, CEQA: Exempt 15061(b)(3) and 15306 (PL) LOCATION: Citywide.

RECOMMENDATION: Motion to accept and approve the FY 2025 Development Impact Fee Annual Report for Childcare Impact Fee.

BACKGROUND: On April 27, 2021, the City Council adopted the Childcare Impact Fee (CIF) as defined in Santa Cruz Municipal Code (SCMC) Chapter 18.48. The fees were effective as of June 26, 2021. California Government Code Section 66006 requires annual reporting requirements for development impact fees to occur within 180 days after the close of the fiscal year and includes specific reporting requirements as more fully described in the attached FY 2025 Development Impact Fee Annual Report for Childcare Impact Fee (Report).

Government Code Section 66006 also requires that the City produce a report on the developer impact fees and make it available to the public at least 15 days prior to the regularly scheduled City Council meeting. In addition, for anyone who provided a written request to be notified, the City shall mail a notice of the time and place of the meeting at least 15 days prior to the meeting.

The Report is available at the public counter at the Planning and Community Development Department as of November 3, 2025. The Report will remain at the public counter through the end of January 2026 for members of the public to view.

DISCUSSION: From July 1, 2024, to June 30, 2025, the CIF collected in Fund 218 totaled $125,491.31 in impact fees, interest, and unrealized loss/gain. This excludes the administrative fee allocated to Fund 101 in the General Fund. While this report focuses on FY 2025, the CIF fund balance also includes revenues from FY 2021 to date. As of October 29, 2025, the total available balance is approximately $220,718. Staff received previous City Council direction at the December 10, 2024 City Council meeting to utilize the funds collected from the CIF to help fund the pre-development and development costs associated with the childcare facility in the Downtown Library and Affordable Housing Project currently under construction on Lot 4 located at the northeast corner of Cedar and Cathcart Streets. It is estimated that the allocated funds to the Downtown Library and Affordable Housing Project will be at least partially

25.1 expended during FY 2026. Currently, staff is reconciling eligible City pre-development and construction administration expenses to determine the final allocation for FY 2025. Staff anticipate returning with a Budget Amendment for FY 2026 Mid-year, or sooner, to formally allocate these funds to the current capital project.

As the reporting occurs on an annual basis, staff will report back to Council as to the disbursements of the CIF towards the childcare facility within the Downtown Library Affordable Housing Project on at least an annual basis, and Council could direct staff to re-purpose any unencumbered funds as part of any of the upcoming reporting cycles. Impact fees must be spent within five years of collection, or additional Council action is required to extend the five-year deadline. As such, staff anticipates the first payments from the CIF towards the childcare component of the Downtown Library Affordable Housing Project to occur before June 26, 2026.

After the total amount of fund disbursement to the childcare component of the Downtown Library Affordable Housing Project is specified through a future report to and action by the Council, funding would then go towards the previously identified approach of preparing a childcare facility assessment.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) DETERMINATION: This item is exempt from CEQA under CEQA Guidelines Section 15306, Information Collection, in that the report simply identifies the use of funds from the CIF. The ordinance is also exempt under exempt from CEQA under the general rule, 15061(b)(3), because it can be seen with certainty that the provisions contained herein would not have the potential for causing a significant effect on the environment. Projects using the funds may be subject to separate CEQA review.

HEALTH IN ALL POLICIES (HiAP): HiAP is a collaborative approach to improving the health of all people by incorporating health considerations into decision-making across sectors and policy areas. HiAP is based on three pillars: equity, public health, and sustainability. The goal of HiAP is to ensure that all decision-makers are informed about the health, equity, and sustainability impacts of various policy options during the policy development process. The CIF promotes equity and public health by increasing childcare opportunities, and it promotes sustainability by promoting more childcare options in the City of Santa Cruz so that families living or working in the City have more nearby childcare options that can be accessed by active transportation and transit.

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 preparation of this report has no fiscal impact to the General Fund. The CIF could reduce costs that the City would need to seek through grants or could provide matching funds towards grants that the City would seek in providing funding for the larger Library Affordable Housing Project, though funds from the CIF would only go towards the childcare facility component of the project. As Council’s acceptance of this report does not make any changes to prior Council direction, it has no impact to the General Fund.

25.2 Prepared By:

Allison Webster
Management Analyst
Brian Borguno
Development Manager
Submitted By:

Lee Butler, AICP
Director of Planning &
Community Development
Approved By:

Matt Huffaker
City Manager
ATTACHMENT:

1. FY 2025 DEVELOPMENT IMPACT FEE ANNUAL REPORT FOR CHILDCARE IMPACT FEE.PDF

25.3 CITY OF SANTA CRUZ
Planning and Community Development Department
FY 2025 Development Impact Fee Annual Report for Childcare Impact Fee Fund

Government Code Sec. 66006(a) requires local agencies to produce an annual report, within 180 days of the fiscal year end. The annual report must be made available to the public at the Planning and Community Development Department at least 15 days prior to the City Council meeting.

This report summarizes the following information for each of the development fee programs:

1. Description of fee

2. Amount of fee

3. Beginning and ending fund balances

4. Amount of fees collected and interest earned

5. The amount of refunds paid

6. Identification of projects on which fees were expended and the amount for each improvement that was expended

7. The total percentage of the cost of the public improvement that was funded with fees

8. The approximate date by which construction of the improvements will commence for any incomplete improvements for which sufficient funds to complete financing for the improvements have been collected

9. Description of each interfund transfer or loan made from the fund, if any

25.4