Santa Cruz City Council
May 26, 2026

The proposed contract would have an initial contract period of five years, with 2 additional oneyear renewals at the City’s discretion.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) DETERMINATION: The proposed Council action is not a “project” under CEQA. (See Public Resources Code § 21065 and 14 CCR § 15378(b)(2)(“Project does not include . . . Continuing administrative or maintenance activities[.]”)
HEALTH IN ALL POLICIES (HiAP): The proposed scope of work aligns with the City’s HiAP initiative by supporting health and wellness. The work allows for the safe and successful operation of the City’s facilities.

FISCAL IMPACT:

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

2. This recommendation requires a budget adjustment: No

3. The recommendation creates an on-going expenditure commitment: No FISCAL IMPACT DESCRIPTION: There is no fiscal impact as a result of this motion. Funds are available in department budgets for the purchase of these items which are necessary for routine operations.

Prepared By:

Lilian Lane
Buyer
Submitted By:

Elizabeth Cabell
Finance Director
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. RFP SUMMARY SCORE FOR ON-CALL PLUMBING SERVICES.DOCX

2. CONTRACT FOR ON-CALL PLUMBING SERVICES WITH SILICON VALLEY MECHANICAL, INC.PDF

10.2 10.3
PURCHASE AGREEMENT Page 1

PURCHASE AGREEMENT
SILICON VALLEY MECHANICAL, INC.

FOR ON-CALL PLUMBING SERVICES
THIS PURCHASE AGREEMENT (“Purchase Agreement”), made and entered into on May 27, 2026, (“Effective Date”) by and between the CITY OF SANTA CRUZ, a municipal corporation, hereinafter called “City,” and SILICON VALLEY MECHANICAL, INC, hereinafter called “Vendor;” for on-call plumbing services. City and Vendor are individually referred to as a “Party” or collectively, as the “Parties”.

The Parties mutually agree as follows:

SECTION I: SERVICES
A. That for and in consideration of the covenants and agreements herein contained at the prices stated in the Vendor’s response to the City’s Request for Proposal FN-0207, and by this reference made a part hereof, the Vendor hereby covenants and agrees to furnish any and all required services, and will bear any and all other expense necessary or incidental to the performance of certain work hereinafter specified for: On-Call Plumbing Services, in strict conformity and compliance with the Contract Documents, as hereinafter defined, and in accordance with this Purchase Agreement.

B. Vendor will furnish all labor, material, equipment and services required to comply with the Contract Documents.

C. Vendor agrees that it may not begin providing the goods/services until the City approves a Purchase Order for such.

SECTION II: CONTRACT DOCUMENTS
A. Incorporation of Documents.

It is expressly agreed and understood by City and Vendor that the following documents are hereby incorporated and made a part of this Purchase Agreement (hereinafter the “Contract Documents”):

1. This Purchase Agreement;

2. City of Santa Cruz Standard Terms and Conditions of Purchase, except as amended herein by this Purchase Agreement in Section V – attached hereto as Exhibit A;

3. Request For Proposal (“RFP”)– attached hereto as Exhibit B and

4. Vendor’s Proposal – attached hereto as Exhibit C.

10.4 PURCHASE AGREEMENT Page 2
B. Priority of Contract Documents.

The Parties to this Purchase Agreement do hereby expressly acknowledge that they have read, understand, and promise to comply with each and every provision of Contract Documents. In the event inconsistencies, conflicts, or ambiguities between and among the Contract Documents are discovered, the Parties shall attempt to resolve any ambiguity, conflict, or inconsistency informally, recognizing that the terms of the Contract Documents shall take precedence in the order in which they are listed above. The terms of this Purchase Agreement shall take priority and control in the case of any conflicts with any of the exhibits attached hereto.

SECTION III: TERM OF PURCHASE AGREEMENT
The term of the Purchase Agreement will be from the effective date for 5 years, terminating on June 30, 2031, unless earlier terminated, or as otherwise indicated in the Contract Documents.

Unless terminated consistent with the Contract Documents, the Parties have the option to renew for two (2) additional one (1) year terms effective on the anniversary of the Effective Date with an amendment to this Purchase Agreement based on the mutual agreement of the Parties. If either Party does not intend to renew this Purchase Agreement, they shall provide notice of nonrenewal at least sixty (60) days prior to the end of the then-current term.

SECTION IV: PAYMENT
The City agrees to pay Vendor the prices provided for at the rates stated in Exhibit C . Vendor shall not undertake any work until requested; and not perform any work beyond the scope of work set forth therein unless such additional work is approved in advance and in writing by City in the form of a change order or amendment hereto.

SECTION V: AMENDMENTS TO CITY’S STANDARD TERMS AND CONDITIONS The City of Santa Cruz Standard Terms and Conditions of Purchase (“City’s Standard Terms”), which is attached hereto as Exhibit A, as amended below, apply to this Purchase Agreement:

1. Section 6 of the City’s Standard Terms is deleted and replaced with the following:
“6. Indemnity:

To the fullest extent permitted by law, Vendor agrees 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 Vendor, Vendor’s officers, employees, agents, or subcontractors in any way related to this Purchase Agreement, including but not limited to Vendor’s Proposal. Vendor’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. Vendor’s obligation to defend shall arise regardless of any claim or assertion that Indemnitees caused or contributed to the Losses.

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

2. Section 8 of the City’s Standard Terms is deleted and replaced with the following:
“8. Insurance: Prior to the beginning of and throughout the duration of this Purchase Agreement, Vendor will maintain insurance in conformance with the requirements set forth herein. Vendor will insure the City against claims for injuries to persons or damages to property which may arise from or in connection with the goods, or the work performed hereunder and the results of that work by Vendor, Vendor’s agents, representatives, employees or subcontractors.
a. Standard 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 Purchase Agreement with the City, unless a longer duration is required as specified below. b. Minimum Scope and Limits of Insurance:

The Vendor acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. The City will be entitled to coverage for the highest limits maintained by the Vendor. Coverage will be at least as broad as:
• Commercial General Liability (CGL): $2,000,000 per occurrence $2,000,000 aggregate
Proof of coverage for up to $2 Million per occurrence/aggregate including products and completed operations, property damage, bodily injury, personal injury and advertising injury will be provided on Insurance Services Office (ISO) Form CG 00 01 covering CGL.
• Automobile Liability: $1,000,000
Proof of coverage for $1 Million will be provided on ISO Form Number CA 00 01 covering any auto (Code 1), or if Vendor has no owned autos, hired, (Code 8) and non-owned autos (Code 9), per accident for bodily injury and property damage.

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• Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance: $1,000,000 per accident for bodily injury or disease. Must include a waiver of subrogation in favor of the City for all work performed by the Vendor and its employees in favor of the City for all work performed by the Vendor and their employees. c. Other Insurance Provisions
The insurance policies are to comply with the following provisions:
• Additional Insured Status
The City, its officers, officials, and employees are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Vendor including materials, parts, or equipment furnished in connection with such work or operations, products and completed operations. General liability coverage will be provided in the form of an endorsement to the Vendor’s insurance at least as broad as ISO Form CG 20 10 11 85, or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 (if a later edition is used). • Primary Coverage
For any claims related to this Purchase Agreement, the Vendor’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 the Vendor’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
Vendor hereby grants to the City a waiver of any right to subrogation, except as otherwise not applicable, which any insurer of said Vendor may acquire against the City by virtue of the payment of any loss, including attorneys’ fees, under such insurance. Vendor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
• Self-Insured Retentions/Acceptability of Insurers
Self-insured retentions must be declared to and approved by the City. City may require Vendor 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

10.7 PURCHASE AGREEMENT Page 5
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City. • Verification of Coverage
Vendor will furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning will not waive the Vendor’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. • Subcontractors
Vendor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Vendor shall ensure that City, its officers, officials, employees, and volunteers are additional insureds on insurance required from subcontractors.

3. Section 15 of the City’s Standard Terms is deleted and replaced with the following:
“15. Termination of Contract:

The City may terminate this Purchase Agreement for any reason by providing written notice to the Vendor not less than 30 calendar days prior to an effective termination date.

The Vendor may terminate the Purchase Agreement for cause if the City fails to cure a material breach in performance (e.g. failure to pay) within 30 days from Vendor’s written notice of termination to the City which is not less than 30 calendar days prior to an effective termination date.

Upon notice of termination, the Vendor will immediately take action not to incur any additional obligations, costs or expenses, except as may be reasonably necessary to terminate its activities. The City’s only obligation to the Vendor will be just and equitable payment for materials and/or services authorized by, and received to the satisfaction of, the City up to and including the effective date of termination. In the event of Vendor’s failure to perform pursuant to the Contract Documents, the City reserves the right to obtain services elsewhere and Vendor will be liable for the difference between the prices set forth in the terminated Purchase Agreement and the actual cost to the City. In no event will the City be liable for any loss of profits on the resulting order or portion thereof so terminated. After the effective date of termination, Vendor will have no further claims against the City under the Contract Documents. Termination of the Purchase Agreement pursuant to this paragraph may not relieve the Vendor of any liability to City for damages sustained by City because of any breach of contract by Vendor, and City may withhold any payments to Vendor for the purpose of set-off until such time as the exact amount of damages due City from Vendor is determined. The rights and remedies

10.8 PURCHASE AGREEMENT Page 6
provided in this section will not be exclusive and are in addition to any other rights and remedies provided by law or under the Contract Documents.”

4. Section 17 of the City’s Standard Terms is deleted and replaced with the following:
“17. 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 Purchase 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 Purchase 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.”

5. Section 19. Attorneys’ Fees of the City’s Standard Terms is deleted in its entirety.

SECTION VI: MISCELLANEOUS PROVISIONS

1. Compliance with Laws. All activities of Vendor, its employees, subcontractors and/or agents will be carried out in compliance with all applicable federal, state, and local laws and regulations.

2. Site Conditions and Safety.
(a) During the course of performing the scope of work under this Purchase Agreement, the security and safety of the work area/site, materials, and equipment will be Vendor’s sole responsibility. All waste, rubbish, other debris, and any excess excavated material shall be removed from the work site at the completion of the work, as applicable, in a manner that conforms to all applicable state, federal, and local laws and regulations. Vendor shall leave the City property and public right-of-way in a clean and orderly condition. (b Vendor shall not unreasonably interfere with the public’s use of the public right-of-way to the extent the public right-of-way is usable and accessible during the course of performing the work under this Purchase Agreement. When Vendor’s operations require one-way traffic or creates a condition hazardous to public traffic, Vendor shall provide signage, and comply with applicable traffic rules of the California Manual on Uniform Traffic Control Devices (CA MUTCD).

3. 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 Purchase 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

10.9 PURCHASE AGREEMENT Page 7
information and perspective, and to attempt to resolve the dispute. In the event that no resolution is achieved, and if, but only if, the parties mutually agree, then prior to pursuing formal legal action, the parties shall make a good faith effort to resolve the dispute by non-binding mediation or negotiations between representatives with decision-making power, who, to the extent possible, shall not have had substantive involvement in the matters of the dispute. 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.

4. Vendor's Records. Vendor shall maintain accurate accounting records and other written documentation pertaining to the costs incurred relating to this Purchase Agreement for examination and audit by the City, State, or federal government, as applicable, in compliance with Gov. Code §8546.7 for a contract in excess of $10,000, or in compliance with other applicable federal laws (e.g. 48 CFR 31) or regulations for a period of three (3) years from: the date of the final City payment for Vendor’s goods/ or services, or from the date of final disposition of real property or equipment acquired with federal funds, or date of the termination of this Purchase Agreement, whichever is later. If Vendor engages a subcontractor to perform work related to this Purchase 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 Purchase Agreement.

5. Conflicts of Interest. Vendor acknowledges and agrees to comply with applicable provisions of conflict of interest laws 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, and make any necessary disclosures.

6. California Public Records Act. City is a public agency subject to the disclosure requirements of the California Public Records Act (“CPRA”). If Vendor’s proprietary information is contained in documents or information submitted to City, and Vendor claims that such information falls within one or more CPRA exemptions, Vendor 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 Vendor prior to such disclosure. If Vendor 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 Vendor 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. Vendor 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 Vendor.

7. Intellectual Property and Indemnity. Vendor represents to City that, to the best of Vendor’s knowledge, any Intellectual Property (including but not limited to: patent, patent application,

10.10 PURCHASE AGREEMENT Page 8
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 Purchase Agreement does not violate or infringe upon any Intellectual Property rights of any other person or entity.

To the fullest extent permitted by law, Vendor 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 Vendor’s performance under this Purchase Agreement or to the City’s authorized intended or actual use of Vendor’s product or service under this Purchase Agreement.

This provision shall survive termination or expiration of this Purchase Agreement.

If any product or service becomes, or in the Vendor’s opinion is likely to become, the subject of a claim of infringement, the Vendor shall, at its sole expense: (i) provide the City the right to continue using the product or service; or (ii) replace or modify the product or service so that it becomes non-infringing; or (iii) if none of the foregoing alternatives are possible even after Vendor’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 Vendor. 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.]

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

To CITY:

Finance Department
Lilian Lane
1200 Pacific Avenue, Suite 290
Santa Cruz, CA 95060
[email protected]
To VENDOR:

Silicon Valley Mechanical, Inc.

Bryan Lancaster
2115 Ringwood Avenue
San Jose, CA 95131
[email protected]
Changes to the above information shall be given to the other party in writing ten (10) business days before the change is effective.

10.11 PURCHASE AGREEMENT Page 9

9. Complete Agreement. This Purchase Agreement, and its incorporated documents comprising the Contract Documents, contain the entire agreement between the Parties with respect to the matters addressed herein and shall supersede all prior or other agreements, oral and written declarations of intent and other legal arrangements (whether binding or non-binding) made by the Parties.

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

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

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

13. Contract Interpretation. Each party acknowledges that it has reviewed this Purchase 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 Purchase Agreement.

14. Counterparts. The Parties may execute this Purchase 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.

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

IN WITNESS WHEREOF, this Purchase Agreement is executed by the on the day and year first hereinabove written.
[Signatures on Following Page]

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Approved As To Form:

By: _____________________________ Date: __05-05-2026______ Office of the City Attorney
VENDOR
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

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

10.13 Terms and Conditions Exhibit A

EXHIBIT A

10.14 Request for Proposal FN-0207 Exhibit B

CITY OF SANTA CRUZ STANDARD TERMS AND CONDITIONS OF PURCHASE

1. Contract: The following terms and conditions shall govern all purchases by the City unless other terms are specifically designated by the City to apply or the City and Vendor have entered into another written agreement. Any terms or conditions (including price and delivery dates) proposed by the Vendor which are inconsistent with or in addition to these terms and conditions shall be void and of no effect unless and to the extent expressly accepted by the City in writing.

2. Delivery, Inspection, and Acceptance of Goods/Services: Goods/services are to be delivered to the location specified. All deliveries are F.O.B. destination.

Vendor acknowledges that time is of the essence in the performance of this contract. If the goods and/or services are not delivered within the time period stated on the Vendor’s proposal, or by a different date mutually agreed to in writing, the City reserves the right to cancel the order. If the City cancels the order because of late delivery, the Vendor will not be allowed to charge the City for any costs associated with the order and may be charged any increase in cost the City must pay for the replacement order. Charges not included in the contract will not be paid.

Within 14 calendar days, unless the contract stipulates a different time period, the City will inspect the goods received to verify compliance with specifications. If deficiencies are detected, the goods will be rejected and the Vendor will be required to make the necessary adjustments or replacements at the Vendor’s expense. Acceptance of the goods will be made when the City determines the goods received are in compliance with specifications and are free from defects.

3. Payment: All invoices shall contain correct bid or contract pricing, the applicable purchase order number, and the name of the City employee making the purchase. Invoices shall be sent to the dept. making the purchase. Vendor shall submit invoices to the City within 60 days of delivery of goods or provision of service. Invoices with incorrect pricing will be returned to the Vendor for correction. The City will pay approximately 30 days after acceptance of goods or services and receipt of a correct and undisputed invoice, whichever occurs last.

The City will take early payment discounts when the net payment period is over 15 days. The payment period will extend to the date that the invoices are paid. Should the Vendor become delinquent with any fees, assessments, or charges due to the City, the City will reduce any amount owed to the Vendor by the delinquent amount owed to the City. The City reserves the right to audit Vendor’s records when necessary.

4. Sales Tax: Sales tax must be stated separately on each invoice. If the current local sales tax is not charged, the City will remit all sales tax due directly to the California State Board of Equalization.

5. Warranty: Vendor warrants that the item(s) provided and/or work performed under this contract comply with all specifications, are free of liens and encumbrances, and that workmanship and materials are free from defects. Work shall comply with nationally recognized codes and established industry standards. Equipment shall carry the manufacturers’ most favorable commercial warranties. The warranty period shall begin after acceptance of item(s) and/or work and shall extend thereafter for a period of ninety days, or as otherwise specified by the manufacturer’s standard warranty, whichever is later.

Vendor agrees to remedy by replacing or repairing any item(s) that is damaged or defective during normal

10.15 Request for Proposal FN-0207 Exhibit B
usage within the warranty period, at no additional cost to the City. Such repair or replacement shall occur within a reasonable time frame, to the satisfaction of the City.

6. Indemnity:

For General Services: To the fullest extent permitted by law, Vendor agrees to indemnify, defend, and hold harmless the City, its officials, officers, employees, and volunteers from and against any and all claims, demands, actions, liabilities, damages, judgments, or expenses, (including attorneys’ fees and costs) arising from the acts or omissions of Vendor, Vendor’s employees or agents, or in any way related to the obligations or the performance of services under this contract, except for design professional services as defined in Civil Code §2782.8, and except where caused by the sole or active negligence, or willful misconduct of City.

For Design Professional Services under Civil Code §2782.8: To the fullest extent permitted by law, Vendor agrees to indemnify, defend, and hold harmless City, its officials, officers, employees, and volunteers from and against any and all claims, demands, actions, liabilities, damages, or expenses, (including attorneys’ fees and costs) arising from the negligence, recklessness, or willful misconduct of the Vendor, Vendor’s employees or agents, in any way related to the obligations or the performance of design professional services under this contract as defined in Civil Code §2728.2, except where caused by the sole or active negligence, or willful misconduct of City. The costs to defend charged to the Vendor relating to the design professional services shall not exceed the Vendor’s proportionate percentage of fault per Civil Code §2782.8.

7. Compliance Requirements: Vendor shall be responsible for complying with all applicable Federal, State, and local laws and regulations including, but not limited to, City policies, ordinances, and Best Management Practices. Requirements vary based on the nature of the product to be provided and/or work to be performed; these shall include, but are not limited to, complying with the items listed below and following City Council policies regarding
j. 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. The requirements of the Living Wage ordinance are provided in Santa Cruz Municipal Code Chapter 5.10.
k. Vendors’ Duties Concerning Labor Code Compliance. As required by Labor Code §1775(b)(1), Vendor shall include in any contract between Vendor and subcontractors for the performance of work on a public works project, a copy of Labor Code §§1771, 1775, 1776, 1777.5, 1813 and 1815. l. Apprentices. The Vendor is responsible for compliance with Labor Code §1777.5 for all apprentices whether employed directly or through subcontractors on a public works project. m. Payroll Records. Pursuant to Labor Code §1776, for public works projects, the Vendor and any subcontractor shall keep, make available, and submit to the City within ten (10) days of receipt of a written request, certified payroll records. Pursuant to Labor Code § 1776(h), if the Vendor or any subcontractor fails to comply with the ten-day period, he or she shall, as a penalty to the City, forfeit the prescribed amount for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. The Vendor shall include provisions in its subcontracts as required to make this paragraph effective as to each subcontractor. Upon written request, the Vendor shall withhold penalties forfeited by

10.16 Request for Proposal FN-0207 Exhibit B
a subcontractor pursuant to Labor Code §1776(h) and this paragraph from payment due to such subcontractor and remit such penalties withheld to the City. n. Hours of Labor. Pursuant to Labor Code § 1810, 8 hours of labor shall constitute a legal day’s work.

Pursuant to Labor Code § 1813, the Vendor and each subcontractor, if any, shall, as a penalty to the City, forfeit the prescribed amount per calendar day for each worker required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week without being compensated in accordance with § 1815. Vendor shall include terms in its subcontracts as required to make this paragraph effective as to each subcontractor. Upon written request, Vendor shall withhold penalties forfeited by a subcontractor pursuant to Labor Code §1813 and this paragraph from payments due to such subcontractor and remit such penalties withheld to the City.
o. Storm Water Requirements: The Vendor, and all subcontractors, 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 here.

8. Insurance: Prior to the beginning of and throughout the duration of this contract, Vendor will maintain insurance in conformance with the requirements set forth herein. Vendor will insure the City against claims for injuries to persons or damages to property which may arise from or in connection with the goods, or the work performed hereunder and the results of that work by Vendor, Vendor’s agents, representatives, employees or subcontractors. a. Standard 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, 877 Cedar Street, Suite 100, Santa Cruz, CA 95060,
• Certificate will be signed by an authorized representative, • An endorsement will be provided to show the City, its officers, officials, employees, agents and volunteers as additional insured.
b. Minimum Scope and Limits of Insurance:

The Vendor acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. The City will be entitled to coverage for the highest limits maintained by the Vendor. Coverage will be at least as broad as:
• Commercial General Liability (CGL): $2,000,000 per occurrence Proof of coverage for up to $2 Million per occurrence including products and completed operations, property damage, bodily injury, personal injury and advertising injury will be provided on Insurance Services Office (ISO) Form CG 00 01 covering CGL. If a general aggregate limit applies, either the general aggregate limit will apply separately to this project/location or the general aggregate limit will be at least twice the required occurrence limit.

10.17 Request for Proposal FN-0207 Exhibit B
• Automobile Liability: $1,000,000
Proof of coverage for $1 Million will be provided on ISO Form Number CA 00 01 covering any auto (Code 1), or if Vendor has no owned autos, hired, (Code 8) and non-owned autos (Code 9), per accident for bodily injury and property damage.
• Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance: $1,000,000 per accident for bodily injury or disease. Must include a waiver of subrogation.
c. Additional Requirement for Professional Services
Professional Liability (Errors and Omissions): $2,000,000 per occurrence or claim, $2,000,000 aggregate
Vendor will maintain insurance appropriate to Vendor’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 contract. 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, Vendor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work.

If Vendor maintains broader coverage and/or higher limits than the minimums shown above, the City of Santa Cruz requires and shall be entitled to the broader coverage and/or higher limits maintained by Vendor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Santa Cruz.
d. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
• Additional Insured Status
The City, its officers, officials, employees, agents and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Vendor including materials, parts, or equipment furnished in connection with such work or operations.

General liability coverage will be provided in the form of an endorsement to the Vendor’s insurance at least as broad as ISO Form CG 20 10 11 85, or if not available, through the addition of both CG 20 10 and CG 20 37 (if a later edition is used).
• Primary Coverage
For any claims related to this contract, the Vendor’s insurance coverage will be primary insurance as respects the City, its officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents or volunteers will be excess of the Vendor’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

10.18 Request for Proposal FN-0207 Exhibit B
Vendor hereby grants to the City a waiver of any right to subrogation which any insurer of said Vendor may acquire against the City by virtue of the payment of any loss, including attorneys’ fees, under such insurance. Vendor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

The Worker’s Compensation policy will be endorsed with a waiver of subrogation in favor of the City for all work performed by the Vendor and its employees.
• Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions will be declared to and approved by the City. City may require Vendor 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 Entity.
• Verification of Coverage
Vendor will furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning will not waive the Vendor’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. a. 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, including but not limited to requiring the following:
• Data Breach Risk - Cyber Liability Insurance of limits no less than $5 Million per occurrence and $10 Million in the aggregate.
• Risk of Loss in Transporting Money - Cash In Transit Policy Insurance covering all risks of physical loss or damage while in transit or at premises for limits no less than $10 Million per occurrence and $20 Million in the aggregate.
• Financial Breach Risk - Financial Crime Coverage for limits no less than $5 Million per occurrence and $10 Million in the aggregate.
• Risk in Transporting People or Goods in a Vehicle - Common Carrier Liability Insurance of limits no less than $10 Million per occurrence and $20 Million in the aggregate. • Risk in Storing Vehicles – Garage-keeper’s Liability Insurance of limits no less than $2 Million per occurrence and $4 Million in the aggregate.
• Construction Risks - Builder’s Risk (Course of Construction) Insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions, and name the City as loss payee.
• Environmental Hazard - Pollution Legal Liability Insurance with limits no less than $1 Million per occurrence or claim, and $2 Million in the aggregate.

10.19 Request for Proposal FN-0207 Exhibit B
b. Claims Made Policies
If any of the required policies provide coverage on a claims-made basis:

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

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

3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Vendor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work. c. Subcontractors
Vendor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Vendor shall ensure that City, its officers, officials, employees, and volunteers are additional insureds on insurance required from subcontractors.

9. Travel Reimbursement Policy
When it is mutually agreed between the City and the vendor, the vendor’s employees will be reimbursed for travel expenses according to this policy. It is expected that all travel expenses incurred by vendors while conducting activities on behalf of the City will be at reasonable rates and that vendors will exercise prudence in incurring these expenses.

Meals
Meals are reimbursed at the current GSA Meals & Incidental per diem rate by county (www.gsa.gov/travel). The City does not reimburse for actual costs for meals. Reimbursement is based solely on per diem rates. Do not submit meal receipts.
• Travel before 8:00a qualifies for breakfast reimbursement. • Travel between 8:00a – 1:30p qualifies for lunch reimbursement. • Travel between 1:30p – 7:00p (or later) qualifies for dinner reimbursement. • Days between hotel stays and days starting before 8a and ending after 7p, qualify for the full GSA Meals & Incidental per diem rate.

Ground Transportation
Ground transportation is reimbursable when it is for travel between the vendor’s place of business, their employee’s home, an airport, or Santa Cruz hotel to their City work location.

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

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

3. Car rentals are reimbursable when
• Travel is necessary from an airport to the City work location. • The rental reservation is made as far in advance as is practical and the lowest possible price is obtained. • Insurance coverage is included in the rental agreement and the car is returned with a full tank of gas. • The smallest vehicle necessary is rented.

10.20 Request for Proposal FN-0207 Exhibit B
• Parking expenses are included in the GSA Meals & Incidental per diem rate. The City will not pay additionally for parking expenses.
• Receipts are required for reimbursement.

Airfare
Airfare is reimbursable when the vendor’s place of business, or their employee’s home, is more than 250 miles away from Santa Cruz.
• Airfare must be lowest available coach class fare. Flights may be non-stop. • Airfare must be booked as far in advance as is practical. • Fees for one piece of checked luggage (and any equipment necessary for the work being done) will be reimbursed.
• Extra charges for seat assignments, refundable tickets, travel insurance/protection, and similar fees are not reimbursable.
• If the City cancels the need for travel and the ticket cannot be changed or refunded, the ticket cost will be reimbursable.
• Receipts are required for reimbursement.

Lodging
Lodging is reimbursable when the vendor must work on site for two or more consecutive days and the vendor’s place of business, or their employee’s home, is more than 60 miles away from Santa Cruz. • Lodging is reimbursed up to the current GSA rate by county (www.gsa.gov/travel). • Costs for hotel rooms above this rate are the responsibility of the traveler. • Receipts are required for reimbursement.

General

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

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

3. Exceptions to any of the above requirements require advance written permission from the Department Head of the department contracting with the vendor.

4. Tips and gratuities will not be reimbursed.

5. Alcoholic beverage purchases will not be reimbursed.

6. Vendors will exercise prudence in incurring reimbursable expenses.

7. The City of Santa Cruz has the sole discretion to deny any proposed reimbursable expense the City has determined to be excessive, unethical, non-responsible, or an inappropriate use of public funds.

10. Mechanic’s Liens. Vendor shall timely pay all claims for labor and/or materials furnished to or for Vendor relating to this contract. Vendor shall not create, permit, or suffer any mechanic’s or materialmen’s liens of any kind or nature to be enforced against the City for any such work or activities performed. Vendor shall indemnify, defend and hold harmless the City from and against any and all liens, claims, demands, liabilities, costs and/or expenses of whatever kind or nature in any way connected with or growing out of such work done, labor performed and/or materials furnished. In the event any such liens shall be filed against the City, Vendor shall cause the same to be paid, discharged, released and satisfied within a commercially reasonable time, not to exceed five (5) business days from the date the same were recorded in the office of the applicable County Recorder. City shall have the right to post notices of nonresponsibility on all or any part of any affected City property.

11. Governing Law: The contract will be construed and interpreted according to the laws of the State of California.

10.21 Request for Proposal FN-0207 Exhibit B

12. Assignment: The City reserves the right to cancel this contract if the contract is assigned without written consent of the City.

13. Subcontractors: Subcontracting of work without prior approval of the City, may result in contract termination. If at any time, the City determines any subcontractor is incompetent or undesirable, Vendor will be notified and will be expected to immediately cancel the subcontract.

14. Contract Modifications: All changes to this contract will be approved in writing signed by both parties through an amendment to the contract.

15. Termination of Contract: The City or the Vendor may terminate the contract for convenience by providing written notice to the other party not less than 30 calendar days prior to an effective termination date.

The City or Vendor may terminate the contract for material breach of contract by providing written notice to the other party not less than 14 calendar days prior to an effective termination date.

Upon notice of termination, the Vendor will immediately take action not to incur any additional obligations, costs or expenses, except as may be reasonably necessary to terminate its activities. The City’s only obligation to the Vendor will be just and equitable payment for materials and/or services authorized by, and received to the satisfaction of, the City up to and including the effective date of termination. All finished or unfinished materials, supplies, goods, or documents procured or produced under the contract will become property of the City upon the termination date. The City reserves the right to purchase or obtain the supplies or services elsewhere, and the defaulting vendor will be liable for the difference between the prices set forth in the terminated order and the actual cost to the City. In no event will the City be liable for any loss of profits on the resulting order or portion thereof so terminated. After the effective date of termination, Vendor will have no further claims against the City under the contract.

Termination of the contract pursuant to this paragraph may not relieve the Vendor of any liability to City for damages sustained by City because of any breach of contract by Vendor, and City may withhold any payments to Vendor for the purpose of set-off until such time as the exact amount of damages due City from Vendor is determined.

The rights and remedies provided in this section will not be exclusive and are in addition to any other rights and remedies provided by law or under the contract.

16. Safety: All service(s) and item(s) provided will comply with applicable safety laws, regulations, and standards. Vendor will provide proof of compliance, if requested by the City. a. Vendor will make available a list of hazardous chemicals and applicable Safety Data Sheets prior to bringing those chemicals on City property or using them on behalf of the City. All hazardous substances and chemicals brought onto the premises must be labeled as required by the Hazard Communication Standard. Vendor is required to maintain copies (on site) of the SDS of the hazardous substances or chemicals they will use throughout the work place. No hazardous materials or chemicals will be introduced into the workplace by the vendor unless approved in advance by the City. The City reserves the right to deny use of any hazardous substance or chemical that the City deems harmful and may affect City employees and/or members of the public.
b. Any precautions and/or protective measures to minimize the possibility of exposure will be communicated by the Vendor to the City and from there to City employees. c. Upon request, Vendor will provide records of their Hazard Communication Training Program. d. All accidents, chemical spills, fires, accidents, property damage, etc., no matter how small, must be reported to the City immediately for investigation and documentation.

10.22 Request for Proposal FN-0207 Exhibit B
e. Vendor must immediately notify the City in the event of an emergency and indicate what assistance is required.

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

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

18. Equal Employment Opportunity/Non-Discrimination: 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 and veteran status, or any other consideration made unlawful by local, State or Federal law. City requires Consultant to be in compliance with all applicable Federal and State and local equal employment opportunity acts, 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 Equal Employment Opportunity (EEO) | City of Santa Cruz, CA. Copies are available upon request from the City’s Purchasing Division.

19. Attorneys’ Fees. If any action at law or in equity is brought to enforce or interpret the provisions of this contract, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief.

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

21. MacBride Principles and the 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.

22. Vendor Not An Agent. Vendor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent.

23. Contract Interpretation. Vendor acknowledges that it has reviewed this contract 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 contract.

10.23 Request for Proposal FN-0207 Exhibit B
Exhibit B
Request for Proposal
No. FN-0207
FOR

ON-CALL PLUMBING SERVICES
Contact: Lily Lane, Buyer I
Email: [email protected]
RESPONSE DEADLINE: September 25, 2025, 2:00 pm

1.RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:
https://procurement.opengov.com/portal/santacruzca

10.24 Request for Proposal FN-0207 Exhibit B
City of Santa Cruz
On-Call Plumbing Services
I. INTRODUCTION.....................................................................................

II. GENERAL INFORMATION FOR PROPOSERS
...........................................

III. PROCESS INSTRUCTIONS.......................................................................

IV. EVALUATION
CRITERIA..........................................................................

V. TERMS AND CONDITIONS .....................................................................

VI. PRELIMINARY SCOPE OF WORK
............................................................

VII. PROPOSAL SUBMITTALS........................................................................

Attachments:

A - City of Santa Cruz Facility Locations
B - FEMA_Supplemental_Contract_Provisions (2)
C - plumbers_DIR_rate
D - Formatted_Key_Personnel_Fully_Burdened_Rate E
- Scope of Work Provisions Plumber
F - Scope of Work Provisions-Plumber, Steamfitter
G - Scope of Work Provisions- Plumber- Underground Utility Pipefitter H - Cost Proposal-On-Call Plumbing Services

10.25 #RFP No. FN-0207

1. INTRODUCTION

1.1. Summary
The City of Santa Cruz is seeking skilled, licensed plumbers to provide on-call plumbing support 24/7 across various municipal locations within Santa Cruz County. Services could include repairs, maintenance, drain cleaning (using cable or hydro-jetting), and sewer line camera inspections. Qualified vendors must hold a valid C-36 license with the California Contractors State License Board, employ journeyman-level plumbers or higher, and ensure a maximum two-hour response time for on-site service.

The City of Santa Cruz manages a wide range of city facilities, including a recreational wharf, golf course, the county-wide public library system, a water production plant, a waste water treatment facility, and various parks, and beaches. The selected plumbing contractors must be equipped to service these diverse public spaces effectively within the allotted time constraints.

1.2. Background
The City of Santa Cruz was incorporated in 1866 and formed its current charter in 1948. It is governed under a Council/Manager form of government. A Mayor and six Council members set policy for the City and a City Manager serves as chief administrator of those policies. The City is located on the coast, 75 miles south of San Francisco on the northern edge of the Monterey Bay. It encompasses 15.8 square miles with cultural and ethnic diversity among its population of 65,000. Santa Cruz is part of the National Marine Sanctuary and is a popular tourist destination owing to its beaches, surf culture, and historical landmarks.

The City provides a full range of municipal services and facilities including a recreational wharf, public golf course, over thirteen hundred acres of open space, full beach services, refuse management, law enforcement, fire protection, and water and wastewater utilities. The City is also host to University of California Santa Cruz, the Santa Cruz Harbor, and the Santa Cruz Beach Boardwalk amusement park.

1.3. Contact Information
a.Lily Lane
Buyer I
Email: [email protected]
Phone: (831) 420-5082
b.Department:

Finance
Department Head:

Elizabeth Cabell
Finance Director

10.26 #RFP No. FN-0207

1.4. Timeline
The City will make every effort to adhere to the following tentative schedule. All dates set forth in this RFP are subject to change at the City’s sole discretion. Any change will be set forth in an addendum. All references in this RFP to “time” are Pacific Standard Time.

Release Project Date June 26, 2025
Mandatory Pre-Proposal Meeting
(Mandatory)
July 18, 2025, 10:00am
Agenda
1125 River Street, Bldg. A (conference room at City
of Santa Cruz Corporation Yard) Santa Cruz, CA
95060
RFP Questions and Clarification Due Date July 24, 2025, 2:00pm Tentative Response to Clarification
Questions
July 31, 2025
Proposal Submission Deadline September 25, 2025, 2:00pm

10.27 #RFP No. FN-0207

2. GENERAL INFORMATION FOR PROPOSERS

2.1. Summary Scope of Work
All applicants must provide thorough and comprehensive responses that clearly demonstrate their team’s approach to and consistency with the below-mentioned standards.

The City invites qualified firms to respond to this Request for Proposal (RFP) for the project (“Project”) titled below:

On-Call Plumbing Services
c.RFP No. FN-0207
The City anticipates awarding a contract to one or more vendors for a five year term with the option of two-one (1) year term extensions if City so elects. The Proposer will provide the services outlined in Section PRELIMINARY SCOPE OF WORK.

The successful Proposer shall furnish all tools, equipment, materials, tax, apparatus, facilities, labor, transportation, supervision, and management, not specifically provided by the City, to complete the work described in this RFP. The successful Proposer will provide a brief statement of services, as detailed further in Section PRELIMINARY SCOPE OF WORK.

2.2. Contact
If you have any questions concerning this solicitation, please ask questions utilizing City’s e-Procurement Question & Answer feature. This RFP document may be downloaded from the City’s e-Procurement Portal at https://procurement.opengov.com/portal/santacruzca/projects/155118. For technical assistance, contact OpenGov using the real-time chat feature on the Portal (located in the lower right- hand corner of the screen), or via email at [email protected] for support. All questions must be received by 2:00 pm on Thursday, July 24, 2025.

2.3. Proposal Submittal Due Date
Proposals are due no later than 2:00 pm on Thursday, September 25, 2025, to guarantee review. Proposals received after the deadline will be deemed non-responsive. All proposals will be submitted via City’s eProcurement Portal at: https://procurement.opengov.com/portal/santacruzca/projects/155118. Proposers take full responsibility for City’s receipt of its Proposal. The City will not be liable for any expenses incurred by Proposers in responding to this solicitation, including but not limited to any costs associated with interviews.

It is the responsibility of the Proposer to ensure that electronic submittals are received by the City prior to the deadline.

2.4. Pre-Proposal Meeting
A mandatory pre-proposal meeting is scheduled on the date and time and at the location stated in Timeline in INTRODUCTION Section. The purpose of this meeting is to give Proposers the opportunity to familiarize themselves with the City’s requirements. Clarification and a review of the RFP process will be discussed at the pre-proposal meeting. To expedite the sign-in process, the city will accept a company business card containing the attendee’s name and contact information, as a valid sign-in.

10.28 #RFP No. FN-0207

The City complies with the Americans with Disabilities Act. If you require reasonable accommodations in order to attend the pre-bid meeting, please call the contact listed in the INTRODUCTION section at least 48 hours prior to the meeting.

2.5. Responsiveness and Responsibility
When determining the Responsiveness of the proposal, the City may consider any of the following but not limited to:

A. Proposal received on time and completed per instructions.

B. Proposal contains required contents, forms and signatures submitted in accordance with RFP instructions.

C. Proposal is compliant with specifications and industry standards.

When determining the Responsibility of the Proposer, the City may consider any of the following but not limited to:

A. Possession of industry standard licensing and/or certifications.

B. Financial capacity of the Proposer.

C. Experience or past performance of the Proposer.

D. Use of Subcontractors / Subconsultants.

E. Past, Present and Pending Legal Actions.

F. Exceptions with City’s Terms and Conditions.

G. Anticipated adherence with Project delivery schedule.

H. Ability to respond to City’s inquiries for proposal clarification.

Proposers have the right to take exception to the specifications or terms and conditions of this RFP, however, such exceptions may deem the proposal non-responsible. Any exceptions taken must be explained in the proposal and submitted by the submittal due date. Any exceptions that contradict the City’s terms and conditions or contain provisions that are not in the best interest of the City will disqualify the Proposer. If exceptions are not explained, the Proposer will comply with the specifications as stated in this RFP.

Exceptions submitted after the proposal due date will not be accepted.

The City reserves the right to reject any or all proposals and to waive any informality or minor defect in proposals received.

2.6. Definitions
In this RFP document:

A. “Proposer” means contractor, firm, supplier, vendor, or consultant submitting a proposal tothis RFP.

10.29 #RFP No. FN-0207

B. “Proposal” means the complete submittal of Proposer to the City in response to this RFP, including any written documentation and oral interview responses.

C. “Subcontractor” means those performing any portion of the services assubcontractors, vendors, suppliers, and other business entities and individuals that is not the Proposer.

D. “Key Staff”, if required, means the employees of the Contractor or subcontractor(s) that will provide project leadership or expertise in lead technical services and are considered essential to the success of the Project.

E. “Contract” also means Purchase Order or Agreement.

10.30 #RFP No. FN-0207

3. PROCESS INSTRUCTIONS

3.1. Questions and Requests for Clarification and Addenda Questions or concerns regarding any aspect of this RFP shall be sent via City’s e-Procurement Portal’s Question & Answer feature and received by the date identified in Timeline in INTRODUCTION Section.

Any questions or objections not submitted within the time and manner stated above or to anyone other than the above-stated contact will be deemed waived. The City is not bound by the oral representation of any City employee or official. Answers to questions received will be sent out in the City's procurement portal.

The City may determine it is necessary to revise any part of this RFP. Revisions will be made by written addenda and it is the Proposer’s sole responsibility to comply with any addenda to this RFP. Addenda will be posted on the City’s e-Procurement Portal,
https://procurement.opengov.com/portal/santacruzca/projects/155118, under Bidding Information.

3.2. Proposal Evaluation Criteria
RFP responses will be evaluated and ranked according to the evaluation criteria identified in the subsections Responsiveness and Responsibility in GENERAL INFORMATION FOR PROPOSERS section, below, by an evaluation committee composed of City staff. The evaluation committee will open and review the proposals in confidence. Proposals will be available to the public after the contract award.

After the initial proposal evaluation, the City may determine that additional information is needed to establish the final ranking of proposers. The semi-finalists will be contacted and may be asked to:
• Conduct a scenario-based demonstration of the equipment orservice, • Revise the submitted proposal for the purpose of obtaining best and final offers, and/or • Provide additional information to assist City in determining the best value proposer.

The Evaluation Committee will use all information collected to rank the semi-finalists in order of their ability to best meet the requirements of the City. The City will begin negotiating a firm contract with the highest ranked Proposer. If no agreement can be reached, negotiations will begin with the next ranked Proposer.

3.3. Responsiveness
Does the proposal meet the minimum requirements in Sub-Section Responsive and Responsibility of Section GENERAL INFORMATION FOR PROPOSERS to be responsive (the submittal includes all of the required documentation).

3.4. Responsibility
Does the proposal meet the minimum requirements in Sub-Section Responsive and Responsibility of Section GENERAL INFORMATION FOR PROPOSERS to be responsive (the submittal includes all of the required documentation).

The total maximum score for the evaluation of proposals is 100 percent (100%). Proposals will be evaluated by the EC using the Proposal Evaluation Criteria as set forth in Section EVALUATION CRITERIA.

10.31 #RFP No. FN-0207

Proposals that are deemed responsive, from a Proposer that has been deemed responsible, will be evaluated based on the Evaluation Criteria below. Evaluation and scoring of proposals will be based on how likely the proposal content meets or exceeds the performance requirements of this RFP.

The City may conduct interviews and oral presentations with the highest scoring Proposers. The City reserves the right to waive the interview process and evaluate the Proposer based on the Proposal Evaluation Criteria alone. Should interviews and oral presentations be conducted, proposals will be evaluated by the EC using the Interview and Oral Presentation Evaluation Criteria as set forth below.

Proposers will be responsible for all their expenses associated with the interview and oral presentation.

The City reserves the right to conduct interviews and oral presentations with qualified contractors by web or teleconference.

3.5. Negotiations
Upon the City’s final ranking of proposals, the Proposers shall be prepared to enter negotiations to enter into the Contract. The City will first begin negotiations with the top-ranked Proposer(s). If the City and the topranked Proposer(s) do not reach an agreement, then the City may negotiate with the next highest-ranked Proposer. This process will continue until the City reaches an agreement with a Proposer(s) or terminates the procurement. The City may begin negotiating with the next highest- ranked Proposer whenever the City determines that doing so is in its best interest, and the City may negotiate with more than one Proposer at the same time.

The failure of the highest-ranked Proposer to comply with any of the requirements of this section shall constitute grounds for the City to negotiate the agreement with the next top-ranked Proposer. Upon completion of successful negotiations, the City will issue a written Notice of Intent to Award (NOITA) letter to all Proposers which lists the “Successful Proposer” that the City recommends for award of an agreement.

3.6. Collusive or Sham Bids
No person, supplier, or corporation shall make or file or be interested in more than one bid for the same work, except so far as alternate bid may be called for. Nor shall any person, supplier, or corporation submit a collusive or sham bid, per se, directly or indirectly, to induce any other supplier to submit such a bid, or to refrain from responding, or seek in any way to fix the price, or any portion of the proposed price, in order to secure an advantage against the owner or any person interested in a proposed contract. However, a person, supplier, or corporation submitting a sub-bid to a proposer or quoting prices on materials for a bidder, is not hereby disqualified from submitting sub-bids or quoting prices to other bidders.

The proposer shall acknowledge that it has not directly or indirectly been collusive with any other proposer in the preparation and submission of the proposal by submitting the Non-Collusion Declaration. If at any time it shall be found that the proposer to whom a contract has been awarded has, in presenting the proposal, colluded with any other party or parties, said proposer shall be liable to the City for all loss or damage which the City has or may suffer as the result of the collusive activity, including, but not limited to, the cost of advertising and awarding a new contract.

10.32 #RFP No. FN-0207

3.7. Public Record
Proposals received are the property of the City. All proposals, evaluation documents, and any subsequent contracts will be subject to public disclosure per the “California Public Records Act,” (CPRA) California Government Code, sections 7920.000 – 7931.000. All documents related to this solicitation will become public records once discussions and negotiations with proposers have been fully completed and a Notice of Intent to Award (NOITA) letter to all Proposers is issued.

If Proposer’s proprietary information is contained in documents or information submitted to City, and Proposer claims that such information falls within one or more CPRA exemptions, Proposer must clearly mark such information “Confidential and Proprietary,” and identify the specific lines containing the information. In the event of a public request for such information, City will make best efforts to provide notice to Proposer prior to such disclosure. If Proposer 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 Proposer 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 to Proposer. Proposer 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 Proposer.

3.8. Award Protests
The City desires to foster cooperative relationships with Proposers and to reach a fair agreement in a timely manner.

The City encourages Proposers to resolve issues regarding the RFP requirements or the procurement process through written correspondence and discussions at least 5 business days prior to the proposal due date. This will allow the City time to research the validity of any stated issues and either issue an addendum to the RFP, cancel the RFP, or determine the protest to be unfounded and proceed with the solicitation. In the event, the protest of specifications is denied, and the protester wishes to continue in the protest process, the protesting Proposers must still submit a proposal in accordance with the proposal submittal procedures provided in this solicitation. Questions or concerns prior to the intent to award notice will be directed to:

Lily Lane, Buyer I, [email protected]
Any Proposer who unsuccessfully bids on a City contract or any trade association representing workers who would have potentially been employed by such contract may formally protest a contract award. Protest letters regarding a formal contract award will be directed to:

City of Santa Cruz
City Clerk
Administrator
809 Center Street, Room 9
Santa Cruz, California
95060
Protests will be filed with the City Clerk’s office no later than 5 business days after the written Notice of Intent to Award is sent by the City. Protest letters will include:

10.33 #RFP No. FN-0207

• The name, address, and telephone number of the protester; • The Project title, RFP Number, and RFP due date;
• Name of City employee and Department designated as the contact in the original RFP; • A detailed statement of the legal and/or factual grounds for the protest; and • The form of relief requested.

The City Council will hear the protest prior to award of the contract. The protesting party may protest the City’s or successful Proposer’s failure to comply with the requirements of the Purchasing Ordinance or the solicitation documents. The protest must clearly set forth the basis for the protest; grounds not set forth in the written protest will not be considered by the City Council at the protest hearing. The City Council will sustain a protest if the protesting party demonstrates by clear and convincing evidence that, as specified above, the City would act improperly in awarding the contract. The decision of the City Council is final.

3.9. Debriefing
A debriefing may be held after the contract award with the City and a Proposer for the Proposer to receive information about the evaluation of their proposal. A Proposer shall submit a written request to the City for a debriefing shall within thirty (30) days after the issuance of the NOITA. The debrief conference will be allotted a maximum of thirty (30) minutes and will consist only of evaluating the requesting Proposer’s Proposal.

3.10. Contract Implementation
Upon award notification and prior to final contract approval, the successful proposer will be required to submit:
• Proof of insurance and prevailing wage compliance documentation as specified in Sub-Section Insurance Requirements and Sub-Section Prevailing Wage in Section Terms and Conditions of this RFP;
• Documentation of all credentials necessary to legally perform the Projectspecified; • A completed W9 form and, if applicable, non-resident withholding exemption form, if not already on file with the City; and
• Proof of a current City of Santa Cruz business tax certificate if the proposer is located in, or performs services within, the city limits for more than 6 days annually. • The finalized contract will be in the form included as Appendix A Sample Agreement herein, and include the RFP documents, the Proposer’s response to RFP and Vendor Questionnaire, the Budget as described in Cost Proposal, and any negotiated modifications agreed to by the parties.

10.34 #RFP No. FN-0207

3.11. Reservation of Rights
The City, at its sole discretion, reserves the following rights:
• To reject any or all proposals or information received pursuant to this RFP; • To waive any informality or minor defects in proposalsreceived; • To supplement, amend, substitute, or otherwise modify this RFP at any time by means of written addendum;
• To cancel this RFP with or without the substitution of another RFP or prequalificationprocess; • To cancel the scope of services awarded through this RFP process with or without the substitution of another RFP or prequalification process; • To request additional information from a Proposer;
• To bid separately any item or items where it is determined by the Purchasing Managerthat:
o A substantial savings in cost will result due to a large quantity purchase, or o The commodity is not appropriately classified under this specification contract. o To verify the qualifications and experience of each Proposer; • To require one or more Proposers to supplement, clarify, or provide additional information in order for the City to evaluate proposals submitted.

3.12. Environmental Conservation and Sustainable Living The City of Santa Cruz has long been an advocate for environmental conservation and sustainable living.

This includes, but is not limited to, the Green Business Program, the Living Wage Ordinance, the Clean Ocean Business Program, the Green Building Program and Climate Action Plan 2030 goals which define greenhouse gas reduction objectives to reduce community-wide greenhouse gas emissions 40 percent by 2030 and 100 percent by 2035 (compared to 1990 levels). In your proposal, please provide information about your company regarding any existing environmental conservation goals or guidelines, environmental or greenhouse gas emissions disclosures, Green Business certifications, existing alternative fuel service vehicles, superior employee benefit policies, or other applicable policies.

3.13. Financial Responsibility
The City accepts no financial responsibility for any costs incurred by a Proposer in responding to this RFP.

Proposers acknowledge and agree that their Proposals will become the property of the City and may be used by the City in any way deemed appropriate.

10.35 #RFP No. FN-0207

4. EVALUATION CRITERIA

4.1. Phase 1
No. Evaluation Criteria Scoring Method Weight (Points)

10.36 #RFP No. FN-0207

1. Adherence to RFP Requirements
To be considered responsive, the proposal
shall include the information detailed in this
section. Proposer must provide information in
the proposal in the same order as shown
below. The proposal shall be separated into
the sub-headings referenced below. Failure to
provide this information may result in a
proposal being considered non-responsive to
requirements.

Proposal Format
Proposals should be organized as follows:
• Cost Proposal Provide a
comprehensive cost proposal
uploaded separately in the
Procurement Portal.
• Written Technical Proposal
• Optional Appendices or Exhibits:

Proposers may include sample
project information, sample reports,
peer review reports, letters of
recommendation, or other exhibits
that may assist the City in favorably
evaluating the proposal. Do not
include generic marketingmaterials.
• Proposals will be deemed nonresponsive and removed from further consideration if the Proposal
is not received in accordance with
the terms of this RFP or the Proposer
does not meet the basic minimum
qualifications and proposal
requirements set forth in this RFP.

Proposals shall be typed, as concise as
possible, and shall not include any unnecessary
promotional material. The Proposer shall
provide the information required in this
Evaluation Criteria section and comply with the
maximum page limitations provided for each
subsection of the proposal. The RFP Required
Submittal Documents do not count toward
applicable section page limits.

Resumes shall be included as a separate
attachment. Number every page sequentially
beginning with the cover page, including any
0-100 Points 5
(7.1% of Total)

10.37 #RFP No. FN-0207

text charts and graphic pages and including
attachments and exhibits.

The proposal shall use Arial or a similar, easily
readable font. A minimum of 11-point font
size and 1.25-line spacing is required for text.

Narrow or condensed fonts are not
permitted. Font restrictions do not apply to
attachments. Different size fonts will be
allowed for headings, charts, tables, and
graphics and must be easily readable.

10.38 #RFP No. FN-0207

2. Background Information
This section must include the following
(maximum 2 pages):

A. Legal name, addresses, telephone
numbers of the principal office
(national headquarters) and local
office. Include the same information
if services will be provided from
additional locations.

B. Year established and history.

C. Business entity status (i.e.,
partnership, corporation, LLC).

D. Indicate if Proposer has defaulted in
its performance of an agreement or
project during the past five (5) years
which has led the other party to
terminate the agreement and if so,
the identity of the parties involved
and the circumstances of the default
or termination.

E. Respond to the following:

1. Explain any pending litigation,
liens, or claims involving your
organization.

2. Has your company filed for
bankruptcy in the last ten (10)
years?
F. Provide information about your
company regarding environmental
conservation practices or objectives,
Green Business certifications,
alternative fuel service vehicles,
superior employee benefit policies,
or other applicable policies that align
with Sub-Section Environmental
Conservation and Sustainable Living
in Section Process Instructions.
0-100 Points 10
(14.3% of Total)

10.39 #RFP No. FN-0207

3. Qualifications, Expertise, and Experience
In this section (maximum 5 pages), include the
following:

A. Describe the Proposer’s
qualifications and experience
working on similar, relevant, or
related projects that were
completed, as outlined in Section
Preliminary Scope of Services.

B. Describe how the Proposer (or
Proposers if submitting a jointly
prepared proposal) is organized to
provide the required services as
outlined in Section Preliminary
Scope of Services.

C. If utilizing any subconsultants and/or
subcontractors, describe their
qualifications working on similar,
relevant, or related projects that
were completed, as outlined in
Section Preliminary Scope of
Services.

D. Provide a list of all services Proposer
has performed for the City in the
past three (3) years, include a
description of the services, date of
engagement(s), members of the
proposed team that performed the
services. Indicate if Proposer served
as the prime contractor or as a
subcontractor.
0-100 Points 10
(14.3% of Total)

10.40 #RFP No. FN-0207

4. Team Qualifications, Expertise, and
Experience
In this section (maximum 5 pages), include the
following:

A. Provide the names, qualifications,
certifications, and relevant technical
experience of personnel and
subcontractors of the proposed
project team who will perform the
services described in Section
Preliminary Scope of
Services. Include details about their
experience with similar projects with
comparable magnitude.

B. Provide resumes for each member of
the proposed project team and
include the qualifications and
experience suited to the proposed
assignment. Include resumes as a
separate attachment.

If awarded the contract, Proposer shall make
every effort to ensure that the staff resources
identified in the proposal will be available for
the Project. If staff identified in the proposal
are not available, the City reserves the right to
review and approve alternate personnel.
0-100 Points 10
(14.3% of Total)

10.41 #RFP No. FN-0207

5. Technical Approach and Work Plan
A. Technical Approach: Describe your
approach to completing Section
Preliminary Scope of
Services. Identify deliverables and
key decision points. Provide
comments regarding the proposed
Section Preliminary Scope of
Services. This may be used as an
opportunity to expand upon your
team’s specific experience and
expertise, and to outline any changes
you believe would help achieve the
Project’s goals and objectives.

B. Work Plan: The work plan shall
reflect your understanding of the
services applicable to the RFP and
your experience and creativity in
anticipating and addressing the
challenges that may be encountered
in providing the services outlined in
Section Preliminary Scope of
Services.

The work plan shall include a process for
delivery of the range of services outlined in
Section Preliminary Scope of Services. To the
extent possible, the proposal shall reflect the
roles and responsibilities of team members in
the major tasks outlined in the Section
Preliminary Scope of Services and strategiesto
accommodate the staffing needs for each task
order. As appropriate, include tools and
techniques you could use in addressing
challenges and delivering services outlined in
Section Preliminary Scope of Services.

Proposers shall address all major tasks outlined
in Section Preliminary Scope of Services and
as appropriate, suggest supplemental
tasks/sub-tasks for incorporation into the final
Section Preliminary Scope of Services.
0-100 Points 15
(21.4% of Total)

10.42 #RFP No. FN-0207

6. Cost Proposal
Cost/Pricing is a factor in this selection.

Proposers must complete and submit a Cost
Proposal. It is the Proposer’s responsibility to
state all costs to provide the services outlined
in Section Preliminary Scope of Services. Costs
shall include, but not be limited to, direct
labor, overhead, fringe benefits, profit,
subcontractors, other direct costs (ODC) such
as materials, supplies, taxes, and travel. A
Proposer’s failure to submit a Cost Proposal
will deem the submittal non-responsive.

Include the Cost Proposal with the Electronic
Response.

The price will be evaluated in the following
manner:

A. The responsive proposal with the
lowest price will be given the full
weight of points assigned to the
pricing criteria.

B. Every other responsive proposal will
be given points proportionately in
relation to the lowest price. This
point total will be calculated by
dividing the lowest proposed price by
the total proposed price of the
proposal being evaluated with the
result multiplied by the maximum
weight for the price (100 %) to arrive
at a price score of less than the full
score for price.

Example: Lowest Total Proposed
Price Total % Price
Proposer’s Total Proposed
Price X for Price = Score
0-100 Points 20
(28.6% of Total)

4.2. Phase 2
No. Evaluation Criteria Scoring Method Weight (Points)

10.43 #RFP No. FN-0207

1. References
In this section (maximum 5 pages), provide the
following:

A. Three (3) Client References that
provide former clients and
representative projects undertaken
in the last five (5) years which
demonstrate relevant experience
with the Project.

B. For each project identified above,
provide a project description, project
costs, dates of engagement, project
owner, and member(s) of the
proposed team for this RFP that
participated in the project, including
any subcontractors that worked on
the project.

C. For each reference, provide the
name of the agency/firm, and
contact person’s name, title, address,
phone number, and email
address. Please ensure that the
contact information is accurate for
each reference.

The City reserves the right to:
• Check as many references that the
City deems necessary.
• Assess a Proposer’s past
performance.
• Contact references that the City
determines are representative
projects demonstrating experience
relevant to this RFP.
• Check any other reference(s) that
might be indicated through the
specified contacts or that resultfrom
communication with other entities
involved with similar projects.
• Include other industry sources and
users of similar services known to the
City.
0-100 Points 5
(16.7% of Total)

10.44 #RFP No. FN-0207

• Contact client references for only
shortlisted Proposers.

It is the responsibility of the Proposer to
ensure the client reference contact person is
available and willing to provide a reference
within the timeframe stated in this section. The
client reference score/weight shall have no
bearing on any other evaluation criteria.

2. Project Understanding, Work Plan and
Approach
Proposers invited for the interview and oral
presentations are expected to have a clear
understanding of Project goals and objectives,
the scope of services, the Project and City
background, and the Proposer’s role.

Proposers must present their Project
understanding, work plan, and approach
effectively for achieving the Scope of Services
on time and within budget.
0-100 Points 15
(50% of Total)

3. Quality of Presentation
Proposers invited to participate in the
interview and oral presentations will be
evaluated on their ability to effectively
communicate the project understanding, work
plan and approach, and the qualifications of
subcontractors and personnel. The
presentations should be informative and
concise.
0-100 Points 10
(33.3% of Total)

10.45 #RFP No. FN-0207

5. TERMS AND CONDITIONS

5.1. Insurance Requirements
Proposer will provide Certificate of Insurance(s) for Professional Liability, Commercial General Liability, Auto Liability, and Workers’ Compensation as stated in the City’s standard Terms and Conditions. The City reserves the right to adjust the insurance terms provided based on the type and scope of project proposed by the Proposer.

5.2. Prevailing Wages and Labor Compliance
Prevailing wages must be paid to all employees working under this contract. This contract is subject to compliance monitoring and enforcement by the California Department of Industrial Relations (DIR). Contractors and subcontractors must register with the DIR in order to submit a bid and be awarded a contract (http://www.dir.ca.gov/dlse/dlsePublicWorks.html). No bid will be accepted, nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. If awarded a Contract, the Contractor and its subcontractors, of any tier, shall maintain active registration with the Department of Industrial Relations for the duration of the Project.

5.3. Living Wage
Proposers agree to comply with the requirements of the Living Wage Ordinance as provided in Santa Cruz Municipal Code Chapter 5.10.

5.4. Agreement (Appendix A)
The successful Proposer will be required to enter into an Agreement in the form of the Agreement attached hereto as Appendix A. The City reserves the right to adjust the terms, including insurance terms provided, based on the type and scope of the project proposed by the Proposer. If a Proposer is unable to accept City’s proposed Agreement terms substantially in the form presented, the Proposer shall include a revised copy of the Agreement with its Proposal. The revised copy must clearly mark any section to which it objects, set forth the Proposer’s proposed alternative terms, and explain the basis for each proposed change. The City reserves all rights to reject any revisions to the Agreement.

If a satisfactory contract cannot be negotiated in a reasonable time, the City in its sole discretion may terminate negotiations.

5.5. Contract Period
The term of the contract will commence upon notification of award and continue for a period of 5 year(s) plus any renewals agreed to by the parties and made in writing.

5.6. Equal Employment Opportunity and Non-Discrimination 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,

10.46 #RFP No. FN-0207

and military or and veteran status, or any other consideration made unlawful by local, State or Federal law.

City requires Consultant to be in compliance with all applicable Federal and State and local equal employment opportunity acts, 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. Copies are available upon request from the City’s Purchasing Division.

5.7. Indemnification
To the fullest extent permitted by law, Proposer agrees 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 Proposer, Proposer’s officers, employees, agents, or subcontractors in any way related to this RFP, including but not limited to Proposer’s Proposal. Proposer’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, as determined by an adjudicatory body or court of competent jurisdiction, if applicable. The 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 Proposer, Proposer’s officers, employees, agents, or subcontractors, Proposer’s costs to defend Indemnitees shall not exceed the Proposer’s proportionate percentage of fault per Civil Code §2782.8. This section shall survive the termination or expiration of the Agreement.

5.8. Performance Bond/Payment Bond
Bonding requirements for federally funded contracts are subject to the following federal directives:

Bidder’s security of ten percent of the bid price for all public works contracts at the time of Bid submittal (Public Contract Code Section 20483(a)).

A. Performance bond equal to 100-percent of the contract price for all public works contracts.

B. Payment bond for all public works contracts of at least:

C. 50-percent of the contract price if the contract price does not exceed $1 million.

1. 40 percent of the contract price if the contract price exceeds $1 million but is not morethan $5 million; or

2. $2.5 million if the contract price exceeds $5 million.

Within ten (10) business days, not including legal holidays, of contract award, the successful Proposer must submit a performance bond and payment bond, executed by the Contractor and the Surety. All bonds must be issued by California admitted Sureties.

10.47 #RFP No. FN-0207

Should any surety or sureties be deemed unsatisfactory by the City, a notice will be given to the Contractor.

The Contractor shall promptly substitute a new surety or sureties satisfactory to the City. No further payment shall be deemed due or will be made under the contract until the new sureties are accepted by the City.

At its sole discretion, the City may allow the Contractor to provide bonds from multiple sureties to meet the bond requirements.

10.48 #RFP No. FN-0207

6. PRELIMINARY SCOPE OF WORK

6.1. Project Objectives
The City of Santa Cruz is seeking qualified plumbing contractors to provide 24 hours a day, 7 days a week on-call professional plumbing services, including holidays and weekends, for all City-owned facilities located within Santa Cruz County.
d.Scope of Services includes (but is not limited to):
• Diagnostic and troubleshooting services
• Plumbing repairs and maintenance
• Drain cleaning (cable and hydro-jetting)
• Sewer line camera inspections
• Emergency response services
e.Response Time Requirement:

Vendor must be capable of responding to service calls and arriving on-site within two (2) hours of notification by City staff, including nights, weekends, and holidays.

6.2. Basis of Award
The city will award a contract to any firm that scores within the competitive range. The competitive range is defined as a score over 80 points (80%) of the total score of 100 points.

6.3. Minimum Qualifications
• An active C36 Plumbing License in good standing with the State of California Contractors State Licensing Board
• Knowledge of California Plumbing Code (CPC)standards
• Current registration with the DIR for any work subject to prevailing wage requirements • No fewer than five years of experience in commercial/industrial plumbing for municipalities– reference checks may be used in evaluation of proposals • Sufficient qualified personnel to respond onsite to a call within a 2-hour window for any possible time frame: 24 hours a day, 7 days a week including holidays and weekends. • Demonstrate experience in conducting work for government institutions of similar or larger size and scope.

6.4. Scope of Work
The City of Santa Cruz is requesting submittals for a responsive on call plumbing company licensed (C36) through the State of California's Contractor State License Board (CSLB) to perform on call professional plumbing services on a 24 hours a day, 7 days a week basis including weekends and holidays.

10.49 #RFP No. FN-0207

Important Note on turn around time: Vendor must be able to respond to urgent calls for service and be onsite within 2 hours of being notified by the City of Santa Cruz. • Vendor must submit a copy of their C36 Contractor's license (proposalsubmittals) • Vendor must have an active and in good standing C36 plumbing license through CSLB • Vendor must be a licensed and bonded contractor with the ability to repair and/or install commercial/industrial plumbing fixtures and equipment.
• Vendor must have a minimum of five years’ experience in commercial/industrial plumbing. • Vendor must have a current registration with the DIR for any prevailing wage requirements. • Vendor must agree to the emergency resource agreement, submit an emergency contact and upload the emergency resource list document (proposal submittals) • Vendor must be able to:
o repair a variety of broken water pipes, including but not limited to ½ inch to 4-inch galvanized steel, plastic and copper, both underground and above ground; and o repair/replace broken/leaking or clogged urinals, toilets and sinks and associated water supply fixtures; and
o clear a variety of drains including but not limited to toilets, sinks, urinals, and showers and mainlines and auxiliary lines; and
o have a variety of drain cleaning tools including but not limited to handheld snakes, power snakes and hydro-jet of up to 4000 PSI; and
o have a sewer inspection camera with capability to provide images of sewer lines; and o arrive with the necessary tools and parts in their stocked vehicle to address most common plumbing issues on the first visit. Additional parts or equipment will be sourced if required; and
o Plumbing vehicles will not exceed the wharf’s weight restriction of 8 tons. • The vendor will be responsible for maintaining the cleanliness of each worksite during andafter service calls, ensuring that all plumbing installations or repairs are completed safely and compliant with California Plumbing Code (CPC) standards; and • The vendor will ensure the worksite is cleaned of debris, tools, and materials. The area will be left safe and orderly before the technicians leave the site; and • The vendor is responsible for disposing of old or damaged plumbing components. • The vendor will define in the proposal submittal when charging for services will begin, for example: upon arrival at job site.

10.50 #RFP No. FN-0207

• Regular business hours are defined as Monday through Friday, 8am to 5pm, excluding holidays, rate should be submitted by title and fully burdened rate per hour. • Non-regular business hours are defined as Monday through Friday outside of 8am to 5pm, rate should be submitted by title and fully burdened rate per hour. • Weekend hours are defined as starting Saturday at 12:00am PST and ending Sunday at11:59pm PST, rate should be submitted by title and fully burdened rate per hour. • Holiday hours (below) rate should be submitted by title and fully burdened rate per hour.

The following days are recognized as holidays: New Year's Day, President's Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, the Friday after Thanksgiving Day and Christmas Day, and if Christmas and/or New Years' falls on Saturday, Friday shall also be considered a legal holiday. If any of the above holidays should fall on Sunday, the Monday following shall be considered a legal holiday. No work shall be required on Labor Day except in cases of extreme emergency when life or property is in imminent danger. *Martin Luther King Jr. Day is a construction Holiday provided the majority of crafts in that Local Area Building Trades observe that Holiday.

6.5. General Description of Services
A. On-Call Plumbing Services
• Offer 24/7 on-call response for plumbing failures, including burst pipes, sewerbackups, and major leaks from sewer main to building location.
• Responds within 2 hours for urgent situations affecting health, safety, orproperty conditions.
• Provide immediate water shut off and temporary solutions to minimize damage. • Provide installation, repair, and maintenance of plumbing systems for City of SantaCruz properties.
• Repair a variety of broken water pipes, including but not limited to ½ inch to 4-inch galvanized steel, plastic and copper, both underground and above ground. • Repair/replace broken/leaking or clogged urinals, toilets and sinks and associated water supply fixtures.
• Clear a variety of drains including but not limited to toilets, sinks, urinals, and showers and mainlines and auxiliary lines.
• Have a variety of drain cleaning tools including but not limited to handheld snakes, power snakes and hydro-jet of up to 4000 PSI.
• Have a sewer inspection camera with capability to provide images of sewerlines.

10.51 #RFP No. FN-0207

• Technicians will arrive with the necessary tools and parts in their stocked vehicle to address most common plumbing issues on the first visit. Additional parts or equipment will be sourced if required. Plumbing vehicles will not exceed the wharf’s weight restriction of 8 tons B. Compliance with Santa Cruz County and State Regulations • Ensure all work complies with California Plumbing Code (CPC) standards. • Follow low-flow and water-efficient fixture requirements per Santa Cruz County guidelines.
• Adhere to OSHA safety standards and local health codes for plumbing work. • Ensure proper disposal of old plumbing materials and hazardous waste.

C. Safety and Equipment Standards
• Utilize proper safety measures when working with gas lines, water pressure systems, and confined spaces.
• Provide workers with personal protective equipment (PPE) as required byOSHA regulations.
• Use high-quality, code-compliant plumbing materials for all repairs and installations.

6.6. Contractor Responsibilities
Debris. Clean work areas of all work-generated debris.

Response Time. Contractor will be onsite within 2 hours of being notified by the City of Santa Cruz.

Safety Standards. Contractor must ensure that each worker knows and abides by safety precautions in the use of tools and equipment in providing these services. PPE will be used as required by OSHA regulations.

Proper safety measures will be taken when working with gas lines, water pressure systems and confined spaces.

Tools/Equipment/Materials. Vendor will ensure that at all times during the work tools, equipment, and material are handled, placed, and stored in a secure and safe manner so as to protect all parties, including, but not limited to, the Vendor's workers, City staff, and the public at large. The Contractor will ensure that during non-working hours items are not left unattended on the job site when safety may be compromised.

Noise Ordinance. Contractor shall abide by the City’s Noise Ordinance (Santa Cruz Municipal Code Section 9.36). The City’s noise ordinance prohibits performing loud work after 10:00 p.m. and before 8:00 a.m.. The City's Public Works Director may grant exceptions on a case by case basis and allow work to begin as no earlier than 7:00 a.m. for projects that have the potential to disrupt traffic, and whereby, that disruption could be alleviated by authorizing work to commence at 7:00 a.m..

10.52 #RFP No. FN-0207

6.7. Responsibilities of City
The city will provide a designated city contact for a service request; contact will provide access to the facilities needed to complete the work. If applicable, contact will provide any relevant information regarding past plumbing issues or work at the service request site.

6.8. Safety Data Sheets (SDS)
The Vendor will furnish SDS forms for applicable products delivered.

6.9. Damage
The Vendor will be responsible for any damage to City property during the performance of this contract. In the event that there is damage to City property other than authorized cutting of drywall or cement to access plumbing for diagnosis or repairs, the Vendor will immediately report the incident to the City in writing.

Any such damage will be repaired or replaced with same by the Vendor at his/her expense and to the satisfaction of the City.

6.10. Adequate Stock
The Vendor will maintain plumbing vehicles with adequate stock of common plumbing parts and fittings to accommodate City’s needs throughout the length of the contract.

6.11. Warranty
Vendor warrants that the item(s) provided and/or work performed under this contract comply with all Project specifications, are free of liens and encumbrances, and that workmanship and materials are free from defects during the warranty period. Work shall comply with nationally recognized codes and established industry standards. Equipment shall carry the manufacturers’ most favorable commercial warranties. The warranty period shall begin after City’s acceptance of item(s) and/or work and shall extend thereafter for a period of 10 years, or as otherwise specified by the manufacturer’s standard warranty, whichever is later.

Vendor agrees to remedy by replacing or repairing any item(s) that is damaged or defective during normal usage within the warranty period, at no additional cost to the City. Such repair or replacement will occur within a reasonable time frame, to the satisfaction of the City. Exceptions to any of these warranty provisions will be indicated by Vendor in their proposal.

6.12. Return Policy
Vendor will issue full credit for return of unused plumbing parts. The City prefers returns to be at no additional charge; this includes but is not limited to, restocking or handling charges. Exceptions to this provision will be indicated by Vendor in their bid response.

6.13. Vendor’s Employee Conduct and the City of Santa Cruz Noise Ordinance
Contractor will agree to remove any employee whose conduct is improper, inappropriate, or offensive as determined by the City. A removed employee(s) is not to work on City premises without the written consent of the City. The Contractor will remove any employee from working in, or delivering to, City facilities who is convicted of a felony during his/her employment.

10.53 #RFP No. FN-0207

The Contractor shall endeavor to maintain good public relations at all times. The Contractor is required to identify the name of their company, confirm that they are a contracted vendor with the City of Santa Cruz, and identify the Foreman on duty if asked by a member of the public. Any follow up communication or inquiries from the public are to be directed and handled by the City Contact.

Contractor shall ensure that all fire hydrants, meter vaults, water and gas shut off valves and similar facilities are accessible during the course of work. Contractor shall maintain clear passage and least amount of inconvenience to public and private traffic ways, businesses, and residences.

Contractor shall strive to keep noise levels to a minimum at all times. Additionally, the Contractor shall abide by the City’s Noise Ordinance (Santa Cruz Municipal Code Section 9.36). The City’s noise ordinance prohibits performing loud work after 10:00 p.m. and before 8:00 a.m.. The City's Public Works Director may grant exceptions on a case by case basis and allow work to begin as no earlier than 7:00 a.m. for projects that have the potential to disrupt traffic, and whereby, that disruption could be alleviated by authorizing work to commence at 7:00 a.m..

The Contractor shall maintain all work sites in a safe, neat, clean, and orderly condition. All work sites are to be kept free from trash, debris, surplus material or other objectionable matter of any kind, subject to the satisfaction of the City Contact.

6.14. Emergency Response
Contractor will provide the name and contact information of a representative who will be available 24 hours a day, 7 days a week, in the event of an emergency. During the emergency, the contractor will provide the City of Santa Cruz with all available supplies, materials, equipment and/or services on a priority basis.

Time is of the essence for delivery. Delivery location(s) and estimated arrival will be mutuality agreed upon, by the City and Contractor, at time of order and will be determined based on need and existing conditions. It is understood that current conditions, such as power outages, road closures, and damages to the Contractor’s facility and/or equipment, will be taken into consideration. The City expects emergency deliveries to occur within 4 hours of order placement and may be required during evenings, weekends, and holidays.

6.15. Exclusions
Excluded from this specification are all items purchased separately on other City contracts. The City also reserves the right to bid separately any item or items where it is determined by the Purchasing Manager that substantial savings in cost will result due to a large quantity purchase.

10.54 #RFP No. FN-0207

7. PROPOSAL SUBMITTALS

7.1. Proposal Response*
By confirming, the proposer is affirming to the following:

The proposer, upon acceptance, agrees to furnish the following in accordance with the specifications and terms and conditions per City of Santa Cruz “Request for Proposals for On-Call Plumbing Services” at the prices indicated herein.

The proposer, under penalty of perjury, declares not to be a party with any other business to an agreement to propose a fixed or uniform price in connection with this proposal.

The proposer declares under penalty of perjury that she/he is authorized to submit this proposal and bind the business or organization to the terms of this Proposal.

The proposer recognizes the right of the City of Santa Cruz to reject any or all proposals received and to waive any informality or minor defects in proposals received.

The proposer declares under penalty of perjury that the information contained in this Proposal and all accompanying documents are true and correct.
☐ Please confirm
*Response required

7.2. Technical Proposal*
Upload here.
*Response required

7.3. Cost Proposal*
Proposers must complete and submit a Cost Proposal with their Proposal submittal by the Proposal Submittal Due date. It is the Proposer’s responsibility to state all costs required to provide the services outlined in Section Preliminary Scope of Services. Costs shall include, but not be limited to, direct labor, overhead, fringe benefits, profit, subcontractor costs, and other direct costs (ODC) such as materials, supplies, taxes, and travel. A Proposer’s failure to submit a Cost Proposal will deem the Proposal nonresponsive. Cost Proposal form is located in the Appendices section, attachment H. Please complete and upload H-Cost Proposal-On-Call Plumbing Services here.
*Response required

7.4. When a call for service is placed, when does your company start charging for services? Please explain in detail below.* *Response required

7.5. Non-Collusion Declaration*
By confirming, the proposer, the party making the foregoing proposal declares that the proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and not collusive or sham; that the Consultant

10.55 #RFP No. FN-0207

has not directly or indirectly induced or solicited any other Consultant or Sub-Consultant to put in a false or sham proposal; and has not directly or indirectly colluded, conspired, connived, or agreed with any Consultant, Sub-Consultant or anyone else to put in a sham proposal, or that anyone shall refrain from proposing; that the Consultant has not in any manner directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the Consultant or any other Consultant or Sub-Consultant, or to fix any overhead, profit, or cost element of the proposal price, or of that of any other Consultant or Sub-Consultant, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the proposal are true; and, further, that the Consultant has not, directly or indirectly, submitted his or her proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, proposal depository, or to any member or agent thereof to effectuate a collusive or sham proposal.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
☐ Please confirm
*Response required

7.6. Upload a copy of your Plumbing Contractor's License C36 here*
*Response required

7.7. Is the vendor current with the DIR for prevailing wage jobs?*
☐ Yes
☐ No
*Response required
When equals
"Yes"

7.7.1. Provide your DIR registration number*
*Response required

7.8. LOCAL PREFERENCE CERTIFICATION
Local Businesses and Locally Owned Businesses must submit this certification with each bid or proposal in order to receive the 2% and additional 4% preference applied during the evaluation of any competitive process for goods, supplies, equipment, materials, services, or professional services. f.Local Businesses
To qualify for the 2% local business preference, a business must meet the following criteria:

7.8.1. Does the business have an office with at least one employee located in the City of Santa Cruz?*
☐ Yes
☐ No

10.56 #RFP No. FN-0207

*Response required
When equals "Yes"

7.8.2. Business Address:*
*Response required

7.8.3. Please list the address of your closet office if not located in the City of Santa Cruz*
*Response required

7.8.4. Is the business current in the payment of all taxes, charges, assessments, or fees owed to the City of
Santa Cruz? *
☐ Yes
☐ No
*Response required

7.8.5. Does the business hold a valid City of Santa Cruz business license?*
☐ Yes
☐ No
*Response required
When equals
"Yes"

7.8.6. DBA/license number:*
*Response required

7.8.7. Locally Owned
Businesses
To qualify for an additional 4% locally owned business preference, a business must meet the above requirements for a local business and at least 50% of the business’ owners must live in the County of Santa Cruz.

To qualify for the locally owned business preference, list all of the business’ owners and their county of residence.
• Owner Name, County

7.8.8. By submitting information for Local Preference, I represent that I qualify as a (check all that apply):*
☐ Local Business
☐ Locally Owned Business
☐ None of the above
*Response required

7.8.9. I understand that by submitting false information or

10.57 #RFP No. FN-0207

failing to disclose material information in order to
qualify for the preference my business will be 1)
required to pay the city any difference between the
contract amount and what
the city’s cost would have been if the contract had been properly awarded, and 2) prohibited from bidding on any city contract or receiving any city contract for a period of three years of the discovery of facts supporting the same.* ☐ Please confirm
*Response required

7.9. EMERGENCY RESOURCE AGREEMENT
In previous disasters, many organizations have responded enthusiastically to the City’s requests for supplies and services needed to protect the health, safety, and property of the Santa Cruz public. The information on this list allows us to quickly locate desperately needed resources. Because many businesses give us their nighttime phone numbers, we are able to obtain crucial supplies and services after normal business hours.

Please take a few minutes to fill out the form below, review the categories, and check any that apply.

We urge you to provide the manager’s or owner’s home address and phone number. Having information on how to contact a firm after hours greatly improves our emergency response. This information is kept confidential and used only in the event of serious life-threatening emergencies.

7.9.1. Please provide manager's or owner's name, home address, email address and phone number*
*Response required

7.9.2. By confirming this agreement, the vendor agrees to charge the City of Santa Cruz a rate that is fair
market value. The vendor also agrees to provide the
City of Santa Cruz with all available supplies,
materials, equipment and/or services on a priority
basis.
☐ Please confirm

7.9.3. Emergency Resource List
Please download the below documents, complete, and upload. • Emergency_Resource_List.pdf

7.9.4. Acknowledgment of Addenda and Question and Answer* In order to submit a proposal, the vendor acknowledges that they have read all addenda, and questions and answers posted for this solicitation.
☐ Please confirm
*Response required

7.10. California Levine Act Statement

10.58 #RFP No. FN-0207

California Government Code Section 84308, commonly referred to as the "Levine Act," prohibits any member of the City Council of the City of Santa Cruz from participating in any action related to a contract if they receive any political contributions totaling more than $250 within twelve (12) months before or after the date a final decision concerning the contract has been made, from the person or company awarded the contract. The Levine Act also requires disclosure of such contribution by a party to be awarded a specific contract.

Answering YES to either of the two questions above does not preclude the City of Santa Cruz from awarding a contract to your firm or taking any subsequent action related to the contract. It does, however, preclude the identified City Council Member(s) from participating in any actions related to this contract.

7.10.1. 1. Have you or your company, or any agent on behalf of you or your company, made any political
contributions of more than $250 to a member of the
City of Santa Cruz city council in the twelve (12)
months preceding, the date of the submission of your
proposals or the anticipated date of any city council
action related to this contract? *
☐ Yes
☐ No
*Response
required
When equals
"Yes"

7.10.2. If yes, please identify the Council Member(s): * *Response required

7.10.3. 2. Do you or your company, or any agency on behalf of you or your company, anticipate or plan to make any
political contribution of more than $250 to any
member of the City of Santa Cruz City Council in the
twelve (12) months following any city council action
related to this contract? *
☐ Yes
☐ No
*Response
required
When equals
"Yes"

7.10.4. If yes, please identify the Council Member(s): * *Response required

10.59 #RFP No. FN-0207
Vendor’s Proposal Exhibit C

EXHIBIT C
II.[SILICON VALLEY MECHANICAL] RESPONSE DOCUMENT REPORT A.RFP No. RFP No. FN-0207
On-Call Plumbing Services
RESPONSE DEADLINE: September 25, 2025 at 2:00 pm
Report Generated: Tuesday, May 5, 2026
B.Silicon Valley Mechanical Response

1.CONTACT INFORMATION
Company:

Silicon Valley Mechanical
Email:
[email protected]
Contact:

Bryan Lancaster
Address:
2115 Ringwood Ave
San Jose, CA 95131
Phone:
(669) 288-2889
Website:
svminc.com
Submission Date:

Sep 20, 2025 12:48 PM (Pacific Time)

2.ADDENDA CONFIRMATION
Addendum #1
Confirmed Jul 28, 2025 7:54 AM by Bryan Lancaster
Addendum #2
Confirmed Jul 28, 2025 7:54 AM by Bryan Lancaster
Addendum #3
Confirmed Aug 18, 2025 3:01 PM by Bryan Lancaster
Addendum #4
Confirmed Aug 21, 2025 8:04 AM by Bryan Lancaster

10.60 #RFP No. FN-0207
Vendor’s Proposal Exhibit C
Addendum #5
Confirmed Sep 5, 2025 10:48 AM by Bryan Lancaster

3.QUESTIONNAIRE
III.Proposal Response*
Pass
By confirming, the proposer is affirming to the following:

The proposer, upon acceptance, agrees to furnish the following in accordance with the specifications and terms and conditions per City of Santa Cruz “Request for Proposals for On-Call Plumbing Services” at the prices indicated herein.

The proposer, under penalty of perjury, declares not to be a party with any other business to an agreement to propose a fixed or uniform price in connection with this proposal.

The proposer declares under penalty of perjury that she/he is authorized to submit this proposal and bind the business or organization to the terms of this Proposal.

The proposer recognizes the right of the City of Santa Cruz to reject any or all proposals received and to waive any informality or minor defects in proposals received.

The proposer declares under penalty of perjury that the information contained in this Proposal and all accompanying documents are true and correct.

Confirmed
IV.Technical Proposal*
Pass
Upload here.

B25-739_SVM_Formatted_Key_Personnel_Fully_Burdened_Rate.xlsx B25-739_SVM_FEMA_Supplemental_Provisions_.pdf
Bryan_Lancaster_Service_Project_Manager.pdf
Blake_Mendoza_SRV_PF.pdf
Shannon_Haugen_SRV_POM.pdf
25-739-Technical_Proposal_City_of_Santa_Cruz_-_On_Call_Pumbing_Services.pdf V. Cost Proposal*
Pass
Proposers must complete and submit a Cost Proposal with their Proposal submittal by the Proposal Submittal Due date. It is the Proposer’s responsibility to state all costs required to provide the services outlined in Section Preliminary Scope of Services. Costs shall include, but not be limited to, direct labor, overhead, fringe benefits, profit, subcontractor costs, and other direct costs (ODC) such as materials, supplies, taxes, and travel. A Proposer’s failure to submit a Cost Proposal will deem the Proposal non-responsive. Cost Proposal form is located in the Appendices section, attachment H. Please complete and upload H-Cost Proposal-On-Call Plumbing Services here.

B25-739_SVM_Cost_Proposal_-_On-Call_Plumbing_Services.xlsx B25-739_SVM_Cost_Proposal_-_On-Call_Plumbing_Services.pdf

10.61 #RFP No. FN-0207
Vendor’s Proposal Exhibit C
VI.When a call for service is placed, when does your company start charging for services? Please explain in detail below.* Pass
Monday-Friday regular working hours we charge once we arrive onsite. Any after hours or weekend holiday calls are billed port to port. We have multiple managers and on call technicians that live in and service daily the County of Santa Cruz, City of Monterey, Presidio of Monterey, Aptos, Salinas and all surrounding areas that will be assigned the Santa Cruz rotation in the event of after hours calls.

VII.Non-Collusion Declaration*
Pass
By confirming, the proposer, the party making the foregoing proposal declares that the proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and not collusive or sham; that the Consultant has not directly or indirectly induced or solicited any other Consultant or Sub-Consultant to put in a false or sham proposal; and has not directly or indirectly colluded, conspired, connived, or agreed with any Consultant, Sub-Consultant or anyone else to put in a sham proposal, or that anyone shall refrain from proposing; that the Consultant has not in any manner directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the Consultant or any other Consultant or Sub-Consultant, or to fix any overhead, profit, or cost element of the proposal price, or of that of any other Consultant or Sub-Consultant, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the proposal are true; and, further, that the Consultant has not, directly or indirectly, submitted his or her proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, proposal depository, or to any member or agent thereof to effectuate a collusive or sham proposal.

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

Confirmed
VIII.Upload a copy of your Plumbing Contractor's License C36 here*
Pass
SVM_Contractors_State_License_w-plumbing_exp_5-31-2026.pdf IX.Is the vendor current with the DIR for prevailing wage jobs?* Pass
Yes
(1)Provide your DIR registration number*
Pass
1000036113
X. LOCAL PREFERENCE CERTIFICATION
Local Businesses and Locally Owned Businesses must submit this certification with each bid or proposal in order to receive the 2% and additional 4% preference applied during the evaluation of any competitive process for goods, supplies, equipment, materials, services, or professional services.

Local Businesses
To qualify for the 2% local business preference, a business must meet the following criteria:

10.62 #RFP No. FN-0207
Vendor’s Proposal Exhibit C
(1)Does the business have an office with at least one employee located in the City of Santa Cruz?*
Pass
No
(2)Please list the address of your closet office if not located in the City of Santa Cruz*
Pass
2115 Ringwood Ave San Jose CA 95131
(3)Is the business current in the payment of all taxes, charges, assessments, or fees owed to the City of Santa Cruz? *
Pass
Yes
(4)Does the business hold a valid City of Santa Cruz business license?*
Pass
Yes
(5)DBA/license number:*
Pass
BL-112043
(6)Locally Owned Businesses
Pass
To qualify for an additional 4% locally owned business preference, a business must meet the above requirements for a local business and at least 50% of the business’ owners must live in the County of Santa Cruz.

To qualify for the locally owned business preference, list all of the business’ owners and their county of residence.
• Owner Name, County
Blaine Flickner-Santa Cruz County-55%
Ryan Wall- Santa Clara County
Brian Pyle- San Mateo County
(7)By submitting information for Local Preference, I represent that I qualify as a (check all that apply):*
Pass
None of the above
(8)I understand that by submitting false information or failing to disclose material information in order to qualify for the preference my business will be 1) required to pay the city any difference between the contract amount and what the city’s cost would have been if the contract had been properly awarded, and 2) prohibited from bidding on any city contract or receiving any city contract for a period of three years of the discovery of facts supporting the same.*
Pass
Confirmed

10.63 #RFP No. FN-0207
Vendor’s Proposal Exhibit C
XI.EMERGENCY RESOURCE AGREEMENT
In previous disasters, many organizations have responded enthusiastically to the City’s requests for supplies and services needed to protect the health, safety, and property of the Santa Cruz public. The information on this list allows us to quickly locate desperately needed resources. Because many businesses give us their nighttime phone numbers, we are able to obtain crucial supplies and services after normal business hours.

Please take a few minutes to fill out the form below, review the categories, and check any that apply.

We urge you to provide the manager’s or owner’s home address and phone number. Having information on how to contact a firm after hours greatly improves our emergency response. This information is kept confidential and used only in the event of serious life-threatening emergencies. (1)Please provide manager's or owner's name, home address, email address and phone number*
Pass
Bryan Lancaster- Project Manager-417 Dorsey Ave Aptos CA 95003 669-288-2889
(2)By confirming this agreement, the vendor agrees to charge the City of Santa Cruz a rate that is fair market value. The vendor also agrees to provide the City of Santa Cruz with all available supplies, materials, equipment and/or services on a priority basis.

Pass
Confirmed
(3)Emergency Resource List
Pass
Please download the below documents, complete, and upload. • Emergency_Resource_List.pdf
Emergency_Resource_List.pdf
(4)Acknowledgment of Addenda and Question and Answer*
Pass
In order to submit a proposal, the vendor acknowledges that they have read all addenda, and questions and answers posted for this solicitation.

Confirmed
XII.California Levine Act Statement
California Government Code Section 84308, commonly referred to as the "Levine Act," prohibits any member of the City Council of the City of Santa Cruz from participating in any action related to a contract if they receive any political contributions totaling more than $250 within twelve (12) months before or after the date a final decision concerning the contract has been made, from the person or company awarded the contract. The Levine Act also requires disclosure of such contribution by a party to be awarded a specific contract.

Answering YES to either of the two questions above does not preclude the City of Santa Cruz from awarding a contract to your firm or taking any subsequent action related to the contract. It does, however, preclude the identified City Council Member(s) from participating in any actions related to this contract. (1)1. Have you or your company, or any agent on behalf of you or your company, made any political contributions of more than $250 to a member of the City of Santa Cruz city council in the twelve (12) months preceding, the date of the submission of your

10.64 #RFP No. FN-0207
Vendor’s Proposal Exhibit C
proposals or the anticipated date of any city council action related to this contract? *
Pass
No
(2)2. Do you or your company, or any agency on behalf of you or your company, anticipate or plan to make any political
contribution of more than $250 to any member of the City of Santa Cruz City Council in the twelve (12) months following any city council action related to this contract? *
Pass
No

10.65 #RFP No. FN-0207
Vendor’s Proposal Exhibit C

10.66 #RFP No. FN-0207
Vendor’s Proposal Exhibit C

10.67 City Council

AGENDA REPORT
DATE: 05/07/2026
AGENDA OF: 05/26/2026
DEPARTMENT: Police
SUBJECT: Authorize the Purchase of Police Patrol Vehicle Equipment and Associated Labor to Upfit Three (3) Police Patrol Vehicles Using General Capital Improvement 350 Funds - Budget Adjustment (PD/PW)
LOCATION: Citywide
RECOMMENDATION: Motion to adopt a resolution authorizing the City Manager to transfer funds in the amount of $65,021 from the General Capital Improvement 350 Fund to the FY 2026 General Fund to purchase patrol vehicle equipment, with associated labor costs, to upfit three (3) patrol vehicles.

BACKGROUND: The Santa Cruz Police Department (SCPD) requires specialized patrol vehicles to respond to calls for service, conduct traffic enforcement, transport individuals, and act as mobile workstations for officers. The SCPD’s Ford Explorer patrol vehicles are customized with reinforced safety features, emergency lighting, advanced communication systems, and interior modifications to support daily patrol operations.

In May 2025, Public Works Fleet (Fleet) purchased three (3) Ford Explorer Interceptors (Vehicle Nos. 119, 156, 163) to replace aging vehicle assets. Lehr Auto, a first-responder vehicle upfitter, was initially contracted to install aftermarket equipment on the three (3) vehicles. However, due to the vendor’s inability to meet the agreed standards, the contract was terminated for cause. The encumbered funds for Lehr Auto’s labor were canceled. A new vendor, Dana Safety Supply, was selected to complete the upfitting work.

DISCUSSION: To minimize costs and avoid delays, Fleet retained a portion of the upfit equipment purchased through Lehr Auto and will reuse those components where feasible. Fleet is working with Dana Safety Supply to integrate the previously purchased Lehr parts into the upfit of these vehicles. Dana Safety Supply will provide any remaining equipment required and complete the upfit installation. The Dana Safety Supply quote attached lists itemized costs for equipment and installation of all parts, and sales tax.

The total cost to upfit each vehicle is $21,674, for a total project cost of $65,021 across all three (3) vehicles. A one-time transfer of funds from the General Capital Improvement Fund 350 into the General Fund 101 is necessary to complete this project.

11.1 CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) DETERMINATION: The proposed upfitting of police patrol vehicles is not a “Project” under CEQA because it will not result in a direct or reasonably foreseeable indirect physical change to the environment. (Public Resources Code § 21065.)
HEALTH IN ALL POLICIES (HiAP): The purchase of equipment and labor for police patrol vehicles supports the City’s HiAP pillar of public health through dedicated City funding to sustain essential police vehicles and adequately serve existing and new residents, City employees, and visitors.

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 FY 2026 budget includes $250,000 from the General Capital Improvement 350 Fund to support police vehicle-related capital expenses, including vehicle procurement and upfitting.

The equipment and labor costs to upfit three (3) police patrol vehicles will be funded from the General Fund, with $65,021 transferred from the General Capital Investment 350 Fund. The net fiscal impact on the General Fund is zero (0) dollars.

Prepared By:

Catherine Brothers
Principal Management
Analyst
Jenna Wilson
Management Analyst
Submitted By:

Bernie Escalante
Chief of Police
Nathan Nguyen P.E.

Director of Public Works
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. DANA SAFETY SUPPLY QUOTE.PDF

2. BUDGET ADJUSTMENT.PDF

11.2 Telephone: 800-845-0045

DANA SAFETY SUPPLY, INC
500 S EDWARDIA DR
GREENSBORO, NC 27409

CITY OF SANTA CRUZ
155 Center St
Santa Cruz, CA 95060
(For Pickup - ROSE)

ROSEVILLE WAREHOUSE
1030 Winding Creek Rd Ste 100
Roseville, CA 95678
Sales Quote
624232-B
Customer No. SANTACRU
Sales Quote No.

Bill To Ship To
Contact:

Telephone: Telephone:

Contact:
831-420-5818

CATHERINE BROTHERS
916-747-1830
Nicholas Elmer
Ship Via F.O.B. Customer PO Number Payment Method
UPS GROUND FREIGHT QUOTED FREIGHT NET30
Entered By Salesperson Ordered By Resale Number
Tanner Kissinger Tanner Kissinger- Roseville CA JOHNNY NAVARRO Order
Quantity
Extended
Price
Unit
Price Tax Item Number / Description
Approve
Quantity
Quote Date
04/14/26
E-mail: [email protected] E-mail:
1 1 N a7FY143ETF INFO 0.0000 0.00 624232

VEHICLE INFORMATION
Warehouse: ROSE
2025 FORD PIU
1 1 N a7FY143ETU INFO 0.0000 0.00 624232

FRONT END
Warehouse: ROSE
2 2 Y a7FY143G8N ETSS100J 180.0000 360.00 624232
SOI 100J SERIES COMPOSITE SPEAKER
Warehouse: ROSE
MOUNTED UNDER PUSH BUMPER CROSSBAR - ONE (1) EACH SIDE
(DS/PS)
1 1 N a7FY143G92 INFO 0.0000 0.00 624232
ROOF
Warehouse: ROSE
04/21/26
03:46:16 PM
Page No. 1
Print Time
Print Date
Continued on Next Page
a7FY143G92 624232

11.3 Telephone: 800-845-0045

DANA SAFETY SUPPLY, INC
500 S EDWARDIA DR
GREENSBORO, NC 27409

CITY OF SANTA CRUZ
155 Center St
Santa Cruz, CA 95060
(For Pickup - ROSE)

ROSEVILLE WAREHOUSE
1030 Winding Creek Rd Ste 100
Roseville, CA 95678
Sales Quote
624232-B
Customer No. SANTACRU
Sales Quote No.

Bill To Ship To
Contact:

Telephone: Telephone:

Contact:
831-420-5818

CATHERINE BROTHERS
916-747-1830
Nicholas Elmer
Ship Via F.O.B. Customer PO Number Payment Method
UPS GROUND FREIGHT QUOTED FREIGHT NET30
Entered By Salesperson Ordered By Resale Number
Tanner Kissinger Tanner Kissinger- Roseville CA JOHNNY NAVARRO Order
Quantity
Extended
Price
Unit
Price Tax Item Number / Description
Approve
Quantity
Quote Date
04/14/26
E-mail: [email protected] E-mail:
1 1 Y a7FY143G9I MISC 2,250.0000 2,250.00 624232
SOUNDOFF (EMPLB01YW5-4Q4) 55" STEALTH MPOWER LB
Warehouse: ROSE
QSF108921
55"/140cm 10-32 Volt MPOWER 6 INCH SAE LED LIGHTBAR W/ 25' LIN

DSC TECHNOLOGY
/D08//D08/|D12||D12||D12||T18||D12||D12||D12|\D08\\D08\ /R_W//R_W/ |R_W||R_W||R_W||RBW||B_W||B_W||B_W| \B_W\\B_W\ |D08| | BLACK | O |D08|
|R_W| | STEALTH | O |B_W|
\D08\\D08\ |D12||D12||D12||T18||D12||D12||D12| /D08//D08/ \R_W\\R_W\|R_A||R_A||R_A||RBA||B_A||B_A||B_A|/B_W//B_W/ Certs - SAE R|B
Accessories - PNFLBSPLT1, AUTO-DIM
Mount - Fixed Height Mount (PMPLBK01)
Hook - PNFLBF44
Vehicle - Ford Explorer/PI SUV w/o Roof Rack (2020-25)
1 1 Y a7FY143G9J ROOF-FT-NITI 110.0000 110.00 624232
STICO 136-1000 MHz Sti-Co Public Safety Roof Mount Ant
Warehouse: ROSE
1 1 Y a7FY143GCZ MISC 550.0000 550.00 624232
PARSEC (PTA7AS4L2WG15B) Australian Shepherd Series
Warehouse: ROSE
04/21/26
03:46:16 PM
Page No. 2
Print Time
Print Date
Continued on Next Page
a7FY143GCZ 624232

11.4 Telephone: 800-845-0045

DANA SAFETY SUPPLY, INC
500 S EDWARDIA DR
GREENSBORO, NC 27409

CITY OF SANTA CRUZ
155 Center St
Santa Cruz, CA 95060
(For Pickup - ROSE)

ROSEVILLE WAREHOUSE
1030 Winding Creek Rd Ste 100
Roseville, CA 95678
Sales Quote
624232-B
Customer No. SANTACRU
Sales Quote No.

Bill To Ship To
Contact:

Telephone: Telephone:

Contact:
831-420-5818

CATHERINE BROTHERS
916-747-1830
Nicholas Elmer
Ship Via F.O.B. Customer PO Number Payment Method
UPS GROUND FREIGHT QUOTED FREIGHT NET30
Entered By Salesperson Ordered By Resale Number
Tanner Kissinger Tanner Kissinger- Roseville CA JOHNNY NAVARRO Order
Quantity
Extended
Price
Unit
Price Tax Item Number / Description
Approve
Quantity
Quote Date
04/14/26
E-mail: [email protected] E-mail:
2 2 Y a7FY143GDE 78815 24.0000 48.00 624232
TES LAIRD MB8U ANTENNA BASE - 17'' COAX - NO

CONNECTO
Warehouse: ROSE
1 1 N a7FY143GDF INFO 0.0000 0.00 624232

SIDE LIGHTING
Warehouse: ROSE
2 2 Y a7FY143GDU EMPS2STS4J 118.0000 236.00 624232
SOI, MPWR FASCIA, 4", STM, BLK HSG, RED/BLU
Warehouse: ROSE

MOUNTED IN SHROUDS ON LOWER REAR CARGO WINDOWS - ONE
(1) EACH SIDE (DS/PS)
2 2 Y a7FY143GFL PMP2WSSSB 13.0000 26.00 624232
SOI 4" MPOWER SINGLE WINDOW SHROUD-BLACK
Warehouse: ROSE
1 1 Y a7FY143GJH X218016-0002 400.0000 400.00 624232
Unity X335 series 6" LED Spotlight Black/LH
Warehouse: ROSE
1 1 Y a7FY143GJX MISC 45.0000 45.00 624232
UNITY (265) BRACKET KIT - LH
Warehouse: ROSE
1 1 Y a7FY143GKC X218017-0002 400.0000 400.00 624232
UNITY 6" SPOTLIGHT, LED, BLACK HEAD, RH
Warehouse: ROSE
04/21/26
03:46:16 PM
Page No. 3
Print Time
Print Date
Continued on Next Page
a7FY143GKC 624232

11.5 Telephone: 800-845-0045

DANA SAFETY SUPPLY, INC
500 S EDWARDIA DR
GREENSBORO, NC 27409

CITY OF SANTA CRUZ
155 Center St
Santa Cruz, CA 95060
(For Pickup - ROSE)

ROSEVILLE WAREHOUSE
1030 Winding Creek Rd Ste 100
Roseville, CA 95678
Sales Quote
624232-B
Customer No. SANTACRU
Sales Quote No.

Bill To Ship To
Contact:

Telephone: Telephone:

Contact:
831-420-5818

CATHERINE BROTHERS
916-747-1830
Nicholas Elmer
Ship Via F.O.B. Customer PO Number Payment Method
UPS GROUND FREIGHT QUOTED FREIGHT NET30
Entered By Salesperson Ordered By Resale Number
Tanner Kissinger Tanner Kissinger- Roseville CA JOHNNY NAVARRO Order
Quantity
Extended
Price
Unit
Price Tax Item Number / Description
Approve
Quantity
Quote Date
04/14/26
E-mail: [email protected] E-mail:
1 1 Y a7FY143GKD 265RH 45.0000 45.00 624232
UNI Bracket Kit-RH
Warehouse: ROSE
1 1 N a7FY143GNT INFO 0.0000 0.00 624232

REAR END
Warehouse: ROSE
2 2 Y a7FY143GO9 MISC 75.0000 150.00 624232
SOUNDOFF (PMP2RS102) Rear Spoiler Bracket, 1 Module Kt
Warehouse: ROSE
Rear Spoiler Bracket, 1 Module Kit, Black, for use with mpower® 4" Fascia Stud Mount Light - Ford Utility 2020-2026
1 1 Y a7FY143GOA MISC 123.0000 123.00 624232
SOUNDOFF (EMPS21GQ2-A) 4" STEALTH MPOWER - AMBER
Warehouse: ROSE

MOUNTED IN DS REAR SPOILER BRACKET
1 1 Y a7FY143GOP EMPS21GQ2-B 123.0000 123.00 624232
SOI, MPWR FASCIA, 4", STM, BLK HSG, BLUE, STEALTH
Warehouse: ROSE

MOUNTED IN PS REAR SPOILER BRACKET
1 1 N a7FY143GQF INFO 0.0000 0.00 624232

CONSOLE
Warehouse: ROSE
04/21/26
03:46:16 PM
Page No. 4
Print Time
Print Date
Continued on Next Page
a7FY143GQF 624232

11.6 Telephone: 800-845-0045

DANA SAFETY SUPPLY, INC
500 S EDWARDIA DR
GREENSBORO, NC 27409

CITY OF SANTA CRUZ
155 Center St
Santa Cruz, CA 95060
(For Pickup - ROSE)

ROSEVILLE WAREHOUSE
1030 Winding Creek Rd Ste 100
Roseville, CA 95678
Sales Quote
624232-B
Customer No. SANTACRU
Sales Quote No.

Bill To Ship To
Contact:

Telephone: Telephone:

Contact:
831-420-5818

CATHERINE BROTHERS
916-747-1830
Nicholas Elmer
Ship Via F.O.B. Customer PO Number Payment Method
UPS GROUND FREIGHT QUOTED FREIGHT NET30
Entered By Salesperson Ordered By Resale Number
Tanner Kissinger Tanner Kissinger- Roseville CA JOHNNY NAVARRO Order
Quantity
Extended
Price
Unit
Price Tax Item Number / Description
Approve
Quantity
Quote Date
04/14/26
E-mail: [email protected] E-mail:
1 1 Y a7FY143GQG 7170-0734-01 515.0000 515.00 624232
GJ, CONSOLE PKG, 2020-24 PIU, RMK TAB, 18"
Warehouse: ROSE

NO ADDITIONAL MOUNTING HARDWARE NECESSARY, MOUNTS
DIRECTLY TO VEHICLE. INCLUDES THE 7160-1446 CONSOLE,
THE 7160-0846 INERNAL CUP HOLDER, & THE 7160-0429 REAR
MOUNTED ARMREST. PACKAGE INCLUDES THE FOLLOWING

EQUIPMENT BRACKETS ---
1) 7160-0466
1) 20033
1) GJ-19740

AND WHATEVER OTHER FILLER PLATES NECESSARY TO COMPLETE
THE INSTALL.
************************************************************ ******
1 1 Y a7FY143GWI 7170-0894 572.0000 572.00 624232
GJ Mongoose XLE Tablet Display Kit 9"
Warehouse: ROSE
1 1 Y a7FY143GZZ MISC 890.0000 890.00 624232
GAMBER JOHNSON (7170-0695-03) GETAC A140 DOCKING
Warehouse: ROSE
Getac A140 Tablet Docking Station with 120W Auto Power Adapter; TRI RF 1 1 Y a7FY143H0F ENGSA5200RSR 880.0000 880.00 624232
SOI, 500 SERIES KNOB/PB 200W CNTRL, +VOICE PLBK
Warehouse: ROSE
04/21/26
03:46:16 PM
Page No. 5
Print Time
Print Date
Continued on Next Page
a7FY143H0F 624232

11.7 Telephone: 800-845-0045

DANA SAFETY SUPPLY, INC
500 S EDWARDIA DR
GREENSBORO, NC 27409

CITY OF SANTA CRUZ
155 Center St
Santa Cruz, CA 95060
(For Pickup - ROSE)

ROSEVILLE WAREHOUSE
1030 Winding Creek Rd Ste 100
Roseville, CA 95678
Sales Quote
624232-B
Customer No. SANTACRU
Sales Quote No.

Bill To Ship To
Contact:

Telephone: Telephone:

Contact:
831-420-5818

CATHERINE BROTHERS
916-747-1830
Nicholas Elmer
Ship Via F.O.B. Customer PO Number Payment Method
UPS GROUND FREIGHT QUOTED FREIGHT NET30
Entered By Salesperson Ordered By Resale Number
Tanner Kissinger Tanner Kissinger- Roseville CA JOHNNY NAVARRO Order
Quantity
Extended
Price
Unit
Price Tax Item Number / Description
Approve
Quantity
Quote Date
04/14/26
E-mail: [email protected] E-mail:
1 1 Y a7FY143H62 WAYTEK-44323 13.0000 13.00 624232

WAYTEK CARLING ON-OFF-ON SWITCH BODY
Warehouse: ROSE

USED TO ACTIVATE PRISONER COMPARTMENT LIGHTING
1 1 Y a7FY143H6H DSSA01 10.0000 10.00 624232

NEW WIRE MARINE CUSTOM CONTURA V BLACK
Warehouse: ROSE
1 1 Y a7FY143H9J WAYTEK-11010 5.0000 5.00 624232

WAYTEK DC POWER PORT
Warehouse: ROSE
1 1 Y a7FY143H9Y WAYTEK-11011 2.0000 2.00 624232

WAYTEK DC POWER PORT CAP
Warehouse: ROSE
1 1 Y a7FY143H9Z WAYTEK-11077 30.0000 30.00 624232

WAYTEK INTELLIGENT DUAL USB CHARGING PORT
Warehouse: ROSE
Intelligent Dual USB Charging Port, Type 2.0 @ 2.4A, Type-C @ 3A 2 2 Y a7FY143HAE MMSU-1 39.0000 78.00 624232

MAGNETIC MIC SINGLE UNIT CONVERSION KIT
Warehouse: ROSE
1 1 Y a7FY143HGH ECVDMLTAL00 66.0000 66.00 624232

SOI UNIVERSAL DOME LIGHT ALL LED, RED/CLEAR
Warehouse: ROSE

MOUNTED IN CEILING ABOVE CONSOLE
04/21/26
03:46:16 PM
Page No. 6
Print Time
Print Date
Continued on Next Page
a7FY143HGH 624232

11.8 Telephone: 800-845-0045

DANA SAFETY SUPPLY, INC
500 S EDWARDIA DR
GREENSBORO, NC 27409

CITY OF SANTA CRUZ
155 Center St
Santa Cruz, CA 95060
(For Pickup - ROSE)

ROSEVILLE WAREHOUSE
1030 Winding Creek Rd Ste 100
Roseville, CA 95678
Sales Quote
624232-B
Customer No. SANTACRU
Sales Quote No.

Bill To Ship To
Contact:

Telephone: Telephone:

Contact:
831-420-5818

CATHERINE BROTHERS
916-747-1830
Nicholas Elmer
Ship Via F.O.B. Customer PO Number Payment Method
UPS GROUND FREIGHT QUOTED FREIGHT NET30
Entered By Salesperson Ordered By Resale Number
Tanner Kissinger Tanner Kissinger- Roseville CA JOHNNY NAVARRO Order
Quantity
Extended
Price
Unit
Price Tax Item Number / Description
Approve
Quantity
Quote Date
04/14/26
E-mail: [email protected] E-mail:
1 1 N a7FY143HGW INFO 0.0000 0.00 624232

PRISONER COMPARTMENT
Warehouse: ROSE
1 1 Y a7FY143HKD PK1126ITU20TM 837.0000 837.00 624232
SMC #10XL C Horizontal Sliding Window
Warehouse: ROSE
Coated Polycarbonate
With Vinyl Coated Expanded Metal Window Security Screen XL Panel Partition TM (Tall Man)
1 1 Y a7FY143HQW ECVDMLTST4G 28.0000 28.00 624232
SOI INTERIOR DOME LIGHT,FLUSH SURF MNT 6" X 3"-GRAY
Warehouse: ROSE
MOUNTED ABOVE PRISONER - ATTACHED TO 3-WAY SWITCH

LOCATED IN CONSOLE
1 1 N a7FY143HQX INFO 0.0000 0.00 624232

REAR CARGO
Warehouse: ROSE
1 1 N a7FY143NEG INFO 0.0000 0.00 624232

ELECTRONICS & CIRCUIT PROTECTION
Warehouse: ROSE
2 2 Y a7FY143NEH ENGND04102 168.0000 336.00 624232
SOI 10 OUTPUT REMOTE NODE W/ MAGNETIC I.D.

Warehouse: ROSE
04/21/26
03:46:16 PM
Page No. 7
Print Time
Print Date
Continued on Next Page
a7FY143NEH 624232

11.9 Telephone: 800-845-0045

DANA SAFETY SUPPLY, INC
500 S EDWARDIA DR
GREENSBORO, NC 27409

CITY OF SANTA CRUZ
155 Center St
Santa Cruz, CA 95060
(For Pickup - ROSE)

ROSEVILLE WAREHOUSE
1030 Winding Creek Rd Ste 100
Roseville, CA 95678
Sales Quote
624232-B
Customer No. SANTACRU
Sales Quote No.

Bill To Ship To
Contact:

Telephone: Telephone:

Contact:
831-420-5818

CATHERINE BROTHERS
916-747-1830
Nicholas Elmer
Ship Via F.O.B. Customer PO Number Payment Method
UPS GROUND FREIGHT QUOTED FREIGHT NET30
Entered By Salesperson Ordered By Resale Number
Tanner Kissinger Tanner Kissinger- Roseville CA JOHNNY NAVARRO Order
Quantity
Extended
Price
Unit
Price Tax Item Number / Description
Approve
Quantity
Quote Date
04/14/26
E-mail: [email protected] E-mail:
2 2 Y a7FY143NHX ENGHNK06 87.0000 174.00 624232
SOI 10FT REMOTE NODE HARNESS
Warehouse: ROSE
1 1 Y a7FY143NNK ENGLMK013 336.0000 336.00 624232
SOI BP LINK KIT, '25 PIU
Warehouse: ROSE
1 1 Y a7FY143NVD ENGSYMD01 224.0000 224.00 624232

SOI SOUND OFF / BLUEPRINT SYNC MODULE
Warehouse: ROSE
1 1 Y a7FY143NVT 8026B 45.0000 45.00 624232
EGIS RT FUSE BLOCK 12-POS, W/ GROUND & LED INDICATION
Warehouse: ROSE
1 1 Y a7FY143NZA 8025B 30.0000 30.00 624232
EGIS RT FUSE BLOCK 6 POS W/GROUND & LED IND., BULK
Warehouse: ROSE
1 1 Y a7FY143O36 8020-1034B 5.0000 5.00 624232

EGIS CUSTOM LABEL SET, CALIFORNIA SPEC
Warehouse: ROSE
1 1 Y a7FY143O7J 7616-2001B 140.0000 140.00 624232

EGIS DUAL TIME DELAY RELAY W/FULL HARNESS
Warehouse: ROSE
1 1 Y a7FY143OBV 4703-100B 35.0000 35.00 624232
Egis Circuit Breaker, Surface Mount, 100 Amp
Warehouse: ROSE
04/21/26
03:46:16 PM
Page No. 8
Print Time
Print Date
Continued on Next Page
a7FY143OBV 624232

11.10 Telephone: 800-845-0045

DANA SAFETY SUPPLY, INC
500 S EDWARDIA DR
GREENSBORO, NC 27409

CITY OF SANTA CRUZ
155 Center St
Santa Cruz, CA 95060
(For Pickup - ROSE)

ROSEVILLE WAREHOUSE
1030 Winding Creek Rd Ste 100
Roseville, CA 95678
Sales Quote
624232-B
Customer No. SANTACRU
Sales Quote No.

Bill To Ship To
Contact:

Telephone: Telephone:

Contact:
831-420-5818

CATHERINE BROTHERS
916-747-1830
Nicholas Elmer
Ship Via F.O.B. Customer PO Number Payment Method
UPS GROUND FREIGHT QUOTED FREIGHT NET30
Entered By Salesperson Ordered By Resale Number
Tanner Kissinger Tanner Kissinger- Roseville CA JOHNNY NAVARRO Order
Quantity
Extended
Price
Unit
Price Tax Item Number / Description
Approve
Quantity
Quote Date
04/14/26
E-mail: [email protected] E-mail:
1 1 Y a7FY143OG7 4703-070B 30.0000 30.00 624232
EGIS CIRCUIT BREAKER SURFACE MOUNT 70 AMP
Warehouse: ROSE
USED FOR SOS 500 SERIES SIREN
1 1 Y a7FY143OGN INSTALL KIT 841.0000 841.00 624232
MISC INSTALLATION SUPPLIES I.E.

Warehouse: ROSE

LOOM, WIRE, HARDWARE, CONNECTORS, ETC
************************************************
1 1 Y a7FY143OH2 INSTALL 8,410.0000 8,410.00 624232

DSS INSTALLATION OF EQUIPMENT
Warehouse: ROSE
1 1 N a7FY143OH3 FREIGHT 350.0000 350.00 624232

SHIPPING & HANDLING
Warehouse: ROSE
04/21/26
03:46:16 PM
Page No. 9
Print Time
Print Date
Continued on Next Page
a7FY143OH3 624232

11.11 Telephone: 800-845-0045

DANA SAFETY SUPPLY, INC
500 S EDWARDIA DR
GREENSBORO, NC 27409

CITY OF SANTA CRUZ
155 Center St
Santa Cruz, CA 95060
(For Pickup - ROSE)

ROSEVILLE WAREHOUSE
1030 Winding Creek Rd Ste 100
Roseville, CA 95678
Sales Quote
624232-B
Customer No. SANTACRU
Sales Quote No.

Bill To Ship To
Contact:

Telephone: Telephone:

Contact:
831-420-5818

CATHERINE BROTHERS
916-747-1830
Nicholas Elmer
Ship Via F.O.B. Customer PO Number Payment Method
UPS GROUND FREIGHT QUOTED FREIGHT NET30
Entered By Salesperson Ordered By Resale Number
Tanner Kissinger Tanner Kissinger- Roseville CA JOHNNY NAVARRO Order
Quantity
Extended
Price
Unit
Price Tax Item Number / Description
Approve
Quantity
Quote Date
04/14/26
E-mail: [email protected] E-mail:
1 1 Y a7FY143OHI CUSTOMER SUPPLIED 0.0000 0.00 624232

CUSTOMER SUPPLIED EQUIPMENT
Warehouse: ROSE
ONE (1) REMOTE RADIO KIT (HEAD, BRAIN, CABLING)
ONE (1) CRADLEPOINT MODEM KIT (MODEM, ANTENNA, CABLING) ONE (1) AXON FLEET 3 SYSTEM
ONE (1) KEYBOARD

COMPREHENSIVE LIST OF PRE-PURCHASED EQUIPMENT WILL BE

ATTACHED TO SALES ORDER
Approved By:

Approve All Items & Quantities
Quote Good for 30 Days
04/21/26
03:46:16 PM
Page No. 10
Print Time
Print Date
Order Total
Subtotal
Freight

9.75% Sales Tax
21,673.43
1,925.43

0.00 19,748.00
a7FY143OHI 624232
By accepting this quote/order, the customer expressly acknowledges and agrees that to the extent not expressly prohibited by law, and except to the extent arising from or relating to the gross negligence or willful misconduct of DSS, its agents or its employees, DSS shall not be liable to the customer, or any third party for any damage to the vehicle/products resulting from or arising out of any ACTS OF GOD, including without limitation, any fires, floods, earthquakes, tornados, hail or similar weather events.

11.12 City of Santa Cruz

BUDGET ADJUSTMENT REQUEST
$GPLQLVWUDWLYH$SSURYDO
)LVFDO<HDU

ACCOUNT 352-(&71$0(
LIDSSOLFDEOH
255(9(18($&&28177,7/(
ACCOUNT 352-(&71$0(
LIDSSOLFDEOH
25EXPENDITURE ACCOUNT TITLE
NET: $

REQUESTED BY DEPARTMENT HEAD

APPROVAL

BUDGET/ACCOUNTING
5(9,(:('

FINANCE DIRECTOR

APPROVAL

CITYMANAGER

APPROVAL
5HVR

352-(&7
352-(&7
$02817
$02817
&RXQFLO$SSURYDO

TOTAL EXPENDITURE

TOTALREVENUE
'DWH

1VSQPTF
3FWJTFE
/PWFNCFS


 Clear Form
2026
05/04/2026
Police Patrol Vehicle Upfit Equipment and Labor for Vehicle #s 119, 163, 156 101-00-00-0000-49180 p202603-963-0-0 From General Fund CIP Reserve Fund 65,021 65,021
350-00-00-0000-59101 To General Fund 65,021
101-20-22-2103-57402 p202603-100-2020-0 Vehicle Equipment 65,021 130,042
-65,021
Catherine
Brothers
Digitally signed by
Catherine Brothers
Date: 2026.05.04
11:51:52 -07'00'
Bernie
Escalante
Digitally signed by
Bernie Escalante
Date: 2026.05.04
13:31:26 -07'00'
Digitally signed
by Emily Burton
Date: 2026.05.08
'10:02:03 -07'00
Elizabet
h Cabell
Digitally signed by
Elizabeth Cabell
Date: 2026.05.08
11:41:50 -07'00' 11.13
City Council

AGENDA REPORT
DATE: 05/07/2026
AGENDA OF: 05/26/2026
DEPARTMENT: Public Works
SUBJECT: Active Transportation Program Cycle 8 Grant Proposal (PW) LOCATION: Districts 1 and 2
RECOMMENDATION: Motion to apply for, accept, and appropriate funds from the California Transportation Commission Active Transportation Program Cycle 8 for the Eastside Neighborhood Connector and Sidewalk project.

BACKGROUND: In September 2013, Governor Jerry Brown signed legislation that created the Active Transportation Program (ATP). The ATP consolidated existing federal and state transportation programs, including the Transportation Alternatives Program (TAP), Bicycle Transportation Account (BTA), and Safe Routes to School (SR2S), into a single program with a focus on making California a national leader in active transportation. Subsequent passage of Senate Bill 1 provided additional funding to this program. The call for projects for ATP Cycle 8 opened in March 2026, with applications due June 22, 2026. Cycle 8 of the ATP program covers fiscal years 27/28 through 30/31. The funding available over the four-year programming cycle is approximately $619 million.

The purpose of ATP is to encourage increased use of active modes of transportation by achieving the following goals:
 Increase the proportion of trips accomplished by biking and walking;  Increase safety and mobility for non-motorized users;  Advance the active transportation efforts of regional agencies to achieve greenhouse gas (GHG) reduction goals;
 Enhance public health;
 Ensure that disadvantaged communities fully share in the benefits of the program; and  Provide a broad spectrum of projects to benefit many types of active transportation users.

The City of Santa Cruz (City) has previously been awarded the following grants through ATP:

ATP Cycle 2:
 Santa Cruz Citywide Safe Routes to School Crossing Improvement Program  Branciforte Creek Bicycle/Pedestrian Bridge

12.1 ATP Cycle 3:
 Rail Trail Segment 8 and 9 Design and Environmental Review  San Lorenzo Riverwalk Lighting
ATP Cycle 5: Rail Trail Segment 7 phase 2 Construction
ATP Cycle 6: Rail Trail Segments 8 & 9 Construction & Swanton-Delaware Multi-use Path Over the past two years, City staff have been working to update the Active Transportation Plan (Plan), which creates an updated framework for active transportation investments with the goal of enhancing safety and mobility for all roadway users, increasing the livability of neighborhoods, and increasing connectivity and access to schools, parks, housing, and other multimodal facilities. The Plan was reviewed by City Council on April 28, 2026 and provides a list of prioritized active transportation projects.

DISCUSSION: City staff reviewed the Plan, grant requirements, and available matching funds, to select a project for the ATP Cycle 8 application. Based on those criteria, staff recommended the Eastside Neighborhood Connector and Sidewalk Project which is focused on neighborhood connections through the eastside.

The Plan identifies a new category of bike facility called Neighborhood Connectors, which are local streets enhanced with signage, traffic calming, and/or other treatments to prioritize bicycle travel and reduce traffic volumes and speeds. This project improves routes between the Beach Flats neighborhood and Gault Elementary, Branciforte Middle, and Harbor High. The routes will build off the future rail trail through Seabright and the existing paths through Arana Gulch. The project includes the following proposed treatments:
a. Filling sidewalk gaps on Hiawatha Avenue, Logan Street, Plum Street, and Park Way, to ensure continuous sidewalk on one side of the street.
b. Traffic calming and crossing improvements on Logan Street, Hall, Owen Street, Darwin Street, and Park Way (projects #82, 81, 62, and 67 in the Plan). c. Improvements to crossings of arterial streets:
i. Beach St/Park Place
ii. Seabright Avenue/Hall Street
iii. Darwin Street/Broadway
iv. Park Way/Soquel Avenue
d. Wayfinding signage directing people to the proposed routes, the three schools, and other nearby destinations.
e. School-based education programs to direct students to the proposed low-stress routes and provide e-bike safety education to middle and high school students.

Over the past three months, staff have conducted outreach at food distribution events in the Beach Flats and at parent meetings at Gault Elementary, Branciforte Middle, and Harbor High.

Parents and community members were supportive of the proposed routes and strongly supported improvements to crossings of larger streets.

12.2 The Transportation and Public Works Commission reviewed the proposed project concept at their meeting on April 20, 2026. Commissioners were supportive and provided input on preferred types of traffic calming. The Commission approved a motion to recommend that City Council support the proposed application.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) DETERMINATION: Grant applications are not considered a project under CEQA. If awarded funding, this project will go through the required CEQA process.

HEALTH IN ALL POLICIES (HiAP): The proposed application for ATP Cycle 8 funding promotes the following Health in All Policies Conditions: Health and Wellness and Healthy Environments. By encouraging active transportation, people may increase their physical activity and health and reduce negative environmental impacts of automobile use like greenhouse gas emissions or noise.

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 Eastside Neighborhood Connector application will be less than $3.5 million. Applications in this category do not require matching funds; therefore no local capital funding is required. There is no impact to the General Fund. If the grant is awarded, a budget adjustment will be brought to Council to appropriate funds in the amount of the award.

Prepared By:

Amelia Conlen
Transportation Planner
Submitted By:

Nathan Nguyen, P.E.

Director of Public Works
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. ACTIVE TRANSPORTATION PLAN BIKEWAY NETWORK MAP.PDF

12.3 SANTA CRUZ ACTIVE TRANSPORTATION PLAN UPDATE | 27
Figure 23. Map of Recommended Bikeway Network

12.4 City Council

AGENDA REPORT
DATE: 05/07/2026
AGENDA OF: 05/26/2026
DEPARTMENT: Public Works
SUBJECT: Award Contract - Pump Station 1 and Soquel Pump Station Design Consulting Services (c401707)
LOCATION: District 4
RECOMMENDATION: Motion to award the Engineering, Design, and Consulting services contract for Pump Station 1 and Soquel Pump Station (c401707) with Carollo Engineers (Walnut Creek, CA) and direct the City Manager to execute a Professional Service Agreement in a form approved by the City Attorney. The Public Works Director is authorized to execute future amendments within the approved project budget.

BACKGROUND: Pump Station No. 1 was originally constructed in 1959 as part of the San Lorenzo River levee system and collects drainage from the downtown area. The aging infrastructure at Pump Station No. 1 is due for replacement. Recent hydraulic modeling as part of the City of Santa Cruz’s (City) ongoing FEMA certification effort indicated improvements to the existing downtown storm drain and pump station network will help alleviate expected flooding after a major rain event. The modeling indicated that an additional pump station located near Soquel Avenue on the west bank of the levee would help alleviate flooding in the northern downtown area.

In 2022, the City applied for a FEMA Building Resilient Communities and Infrastructure (BRIC) grant to fund the Downtown San Lorenzo River Drainage System Assessment project (c401707).

The grant application was split into two phases: Phase 1 – Design ($2,148,570), and Phase 2 – Construction ($12,467,392). The grant requires a 30% match, of which half (15% of total) is funded through Cal-OES and half (15% of total) relies on a local funding match. Staff time is reimbursable through the grant. In January 2025, Phase 1 – Design funds were awarded to the City. In March 2025 it was announced that FEMA would not be funding Phase 2 – Construction, however, as of March 2026, the BRIC funding was reinstated. The outcome of the BRIC grant restoration for Phase 2 is still being litigated and unresolved at this time. City staff determined that proceeding with Phase 1 – Design will result in “shovel-ready” project which should make the project competitive for future grant funding.

City staff released a design services Request for Proposal (RFP No. PW-0268) in February 2026.

The design services include additional hydraulic analysis, Basis of Design report (including Alternative’s Analysis), and the engineering support for the rebuild of Pump Station 1 and

13.1 Soquel Avenue Pump Station. There was a pre-proposal meeting on February 19, 2026 and the submission deadline was March 13, 2026.

DISCUSSION: City staff received two proposals from the solicitation. Evaluation scores for the two proposals are as follows:
 Carollo Engineers (Walnut Creek, CA): 95.3%
 Valentine Environmental Engineers (Phoenix, AZ): 82.6% City staff determined that Carollo Engineers will best provide the experience and personnel to manage the project as well as the expertise to evaluate alternatives to meet design needs. The professional services agreement scope would include all necessary services to deliver the project such as hydraulic analysis, engineering design, and engineering support for the project. The BRIC grant period requires submittal of deliverables by the end of 2026; this would allow for a portion of the work, specifically Task 1 – Additional Hydraulic Modeling and Task 2 – Basis of Design, to be completed within that timeframe.

The total cost to complete the full scope of work is $2,005,840; however, available grant funding supports only Tasks 1 and 2, plus project management, in the amount of $428,274. Staff recommends that the City Council authorize the full contract amount, while directing staff to proceed only with Tasks 1 and 2 at this time. Purchase orders will be issued in phases, and remaining tasks will be deferred and only initiated upon identification and approval of additional funding.

Environmental permitting with California Department of Fish and Wildlife, California State Water Resources Control Board, etc. will be contracted separately.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) DETERMINATION: This proposed Council action (simply awarding a contract for the engineering, design, and consulting services) is not a “project” under CEQA. (Public Resources Code § 21065.) The BRIC grant award includes $400,000 to support environmental permitting activities. The City will issue a separate RFP for these services. When there is a proposed “project” to analyze, the required environmental documents will be determined in compliance with CEQA.

HEALTH IN ALL POLICIES (HiAP): This project promotes the following Health in All Policies Conditions:
 Economic Security & Mobility – By mitigating potential flood impacts to the downtown area, the project helps protect the City’s densest area of economic activity.  Safe & Just Community – By mitigating potential flood impacts to the downtown area, the project helps protect the public safety for residents and visitors.

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

13.2 FISCAL IMPACT DESCRIPTION: Approximately 70% of the funding will come through FEMA’s BRIC grant, and approximately 15% of the funding match will come through Cal-OES.

The remaining 15% of the funding match will come from the Stormwater Overlay Fund (Fund 752), which is already budgeted in the Downtown San Lorenzo River Drainage System Assessment Project (c401707).

Prepared By:

Hoi Yu
Senior Professional Engineer
Submitted By:

Nathan Nguyen, P.E.

Director of Public Works
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. DRAFT PROFESSIONAL SERVICES AGREEMENT.PDF

13.3 City of Santa Cruz Professional Services Agreement for Pump Station 1 and Soquel Pump Station Design June 2025 (Form Rev.03/25 ) Page 1
Professional Services Agreement With

CAROLLO ENGINEERS
For PUMP STATION 1 AND SOQUEL PUMP STATION DESIGN
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) for professional services is made by and between the City of Santa Cruz (“City”) and Carollo Engineers (“Consultant”) (each is referred to individually as a “Party” and collectively, as the “Parties”) as of ____________, 2026 (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 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 Nathan Nguyen, Director of the Public Works Department, hereinafter called "Director", or other designated and authorized City personnel, and/ or third parties as necessary, on all matters connected with carrying out Consultant’s services described in Exhibit A. Such meetings shall be held at the request of either Party.

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

In providing opinions of cost, financial analyses, economic feasibility projections, and schedules in the construction/installation of Pump Station 1 and Soquel Pump Station, Consultant has no control over cost or price of labor and material; unknown or latent conditions of existing equipment or structures that may affect operation and maintenance costs; competitive bidding procedures and market conditions; time or quality of performance of third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate project cost or schedule. Therefore, Consultant makes no warranty that the City’s actual project costs, financial aspects, economic feasibility, or schedules will not vary from Consultant’s opinions, analyses, projections, or estimates to the extent that such economic or operational factors may have significantly changed from those relied upon by Consultant in formulating such opinions, analyses, projections or estimates.

13.4 City of Santa Cruz Professional Services Agreement for Pump Station 1 and Soquel Pump Station Design June 2025 (Form Rev.03/25 ) Page 2
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 City shall take all reasonable actions to arrange for access to and make all provisions reasonably necessary for Consultant to enter upon public and private property as required to perform the Scope of Work. Consultant shall provide the City with sufficient advance notice of the need for such access.

The Director may authorize a City staff person to serve as their representative with respect to this Agreement.

Consultant’s work shall be reviewed at such intervals as may be mutually agreed upon between the Parties. The City will be the sole judge of acceptable work, provided that such approval will not be unreasonably withheld or 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 $2,005,840.00 without advance written City authorization in the form of an amendment or change order.

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

All invoices shall contain the following affidavit signed by Consultant (if individual) or by an authorized representative of Consultant (if Consultant is an entity):
“[I] 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 and/or federal government 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.

13.5 City of Santa Cruz Professional Services Agreement for Pump Station 1 and Soquel Pump Station Design June 2025 (Form Rev.03/25 ) Page 3
SECTION 5: TRAVEL REIMBURSEMENT POLICY
The City shall not be responsible for any travel, meal, or lodging reimbursements to Consultant and/or Consultant’s employees unless otherwise specified in the Scope of Work.

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

SECTION 7: TERM AND SCHEDULE
The term of this Agreement shall be for [______ [months] [year(s) and] commence on the effective date of this Agreement and terminate on December 31, 2026 or upon completion of the Scope of Work.

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.

13.6 City of Santa Cruz Professional Services Agreement for Pump Station 1 and Soquel Pump Station Design June 2025 (Form Rev.03/25 ) Page 4
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 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

13.7 City of Santa Cruz Professional Services Agreement for Pump Station 1 and Soquel Pump Station Design June 2025 (Form Rev.03/25 ) Page 5
Opportunity and Non-Discrimination policies to which this Section applies may be viewed at http://www.codepublishing.com/CA/SantaCruz/?SantaCruz09/SantaCruz0983.html and http://www.cityofsantacruz.com/home/showdocument?id=59192.

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

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

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

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.

13.8 City of Santa Cruz Professional Services Agreement for Pump Station 1 and Soquel Pump Station Design June 2025 (Form Rev.03/25 ) Page 6

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

Consultant shall be as fully responsible to the City for the negligent acts and omissions of its contractors and subcontractors or subconsultants, and of persons either directly or indirectly employed by them, or acting on Consultant’s behalf pursuant to this Agreement, as it is for the acts and omissions of persons directly employed by Consultant. Consultant’s obligation to pay its subconsultants is an independent obligation from the City’s obligation to make payments to the Consultant.
a. Affirmative Steps for Federally-Funded Procurements. If subconsultants are anticipated or used to perform the work and services under this Agreement, Consultant shall take the following affirmative steps to enhance the participation of small and minority businesses, women's business enterprises, and Labor Surplus Area (LSA) firms, collectively known as target firms –

1. Placing target firms on solicitation lists,

2. Ensuring target firms are solicited whenever they are potential sources,

3. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by target firms,

4. Establishing delivery schedules, where the requirement permits, which encourage participation by target firms, and

5. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration (SBA) and the Minority Business Development Agency (MBDA) of the U.S.

Department of Commerce.

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

7. Conflicts of Interest. Consultant agrees to comply with conflict of interest laws in performing the work and services under this Agreement. Consultant covenants (on behalf of Consultant and Consultant’s employees, agents, representatives, and subcontractors) that there is no direct or indirect interest, financial or otherwise, which would conflict in any manner or degree with the performance of services required under this Agreement. Consultant acknowledges and agrees to comply with applicable provisions of conflict of interest law and regulations, including the CA Political Reform Act, (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.

Consultant shall disclose in writing any real or apparent organizational or financial conflicts of interest in accordance with 2 CFR 200.318.(c). Failure to disclose conflicts may result in termination of the 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

13.9 City of Santa Cruz Professional Services Agreement for Pump Station 1 and Soquel Pump Station Design June 2025 (Form Rev.03/25 ) Page 7
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. Documents, including drawings and specifications prepared by Consultant pursuant to this Agreement are not intended or represented by Consultant to be suitable for reuse by the City on any other project.

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 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.

13.10 City of Santa Cruz Professional Services Agreement for Pump Station 1 and Soquel Pump Station Design June 2025 (Form Rev.03/25 ) Page 8
b. Consultant shall be responsible for ensuring and maintaining the security and confidentiality of City Data and Confidential Information, protect against any anticipated threats or hazards to the security or integrity of City Data and Confidential Information, protect against unauthorized access to or use of City Data and Confidential Information that could result in substantial harm or inconvenience to City or any end users; and ensure the proper return and/or disposal of City Data and Confidential Information upon termination of this Agreement with notice to the City.
c. Consultant shall take appropriate action to address any incident of unauthorized access to City Data and Confidential Information, including addressing and/or remedying the issue that resulted in such unauthorized access, notifying City as soon as possible of any incident of unauthorized access to City Data and Confidential Information, or any other breach in Consultant’s security that materially affects City or end users; and be responsible for ensuring compliance by its officers, employees, agents, and subcontractors with the confidentiality provisions hereof. Should confidential and/or legally protected City Data be divulged to unauthorized third parties, Consultant shall comply with all applicable federal and state laws and regulations, including but not limited to California Civil Code sections 1798.29 and 1798.82 at Consultant’s sole expense.

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

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

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

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

13.11 City of Santa Cruz Professional Services Agreement for Pump Station 1 and Soquel Pump Station Design June 2025 (Form Rev.03/25 ) Page 9

13. Federal Access to Records. The Consultant shall permit the City of Santa Cruz, Cal OES, FEMA, the U.S.

Department of Homeland Security, the Comptroller General of the United States, and their authorized representatives access to any books, documents, papers, and records directly pertinent to this Agreement for the purpose of audits, examinations, excerpts, and transcriptions. The right to access shall be retained for seven years (7) after final payment by City.

14. Debarment and Suspension. Consultant certifies that it is not listed on the federal government’s system for Award Management (SAM.gov) as suspended, debarred, or otherwise excluded from receiving federal funds.

15. Prohibition on Cost-Plus Percentage Contracts. “Cost plus a percentage of cost” and “percentage of construction cost” contracts are prohibited under this Agreement pursuant to 2 CFR 200.324(c).

16. 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.

17. 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.

18. 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.

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

13.12 City of Santa Cruz Professional Services Agreement for Pump Station 1 and Soquel Pump Station Design June 2025 (Form Rev.03/25 ) Page 10
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)].

20. 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

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

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

22. 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,

13.13 City of Santa Cruz Professional Services Agreement for Pump Station 1 and Soquel Pump Station Design June 2025 (Form Rev.03/25 ) Page 11
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.

23. 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.

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

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

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

27. 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.

28. 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.

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

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

To CITY:

City of Santa Cruz
Public Works Department
Hoi Yu
809 Center Street, Room 201
Santa Cruz, CA 95060
[email protected]
831-420-5427
To CONSULTANT:

Business Name
Consultant Contact Name
Address
Email/Phone
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.

13.14 City of Santa Cruz Professional Services Agreement for Pump Station 1 and Soquel Pump Station Design June 2025 (Form Rev.03/25 ) Page 12

31. 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.

32. 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]

13.15 City of Santa Cruz Professional Services Agreement for Pump Station 1 and Soquel Pump Station Design June 2025 (Form Rev.03/25 ) Page 13
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: __________________ Technical Review:

By: _____________________________ Date: __________________ City Engineer

13.16 City of Santa Cruz Professional Services Agreement for Pump Station 1 and Soquel Pump Station Design June 2025 (Form Rev.03/25 ) Page 14
EXHIBIT A: SCOPE OF WORK

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City of Santa Cruz
Pump Station 1 and Soquel Pump Station Design
Scope of Work
Background: The intent of this scope of work is to complete a biddable set of plans and specifications for the Pump Station 1 and Soquel Pump Station Design. This scope includes the work anticipated by Carollo needed to complete the work during the proposal phase. Carollo would like the opportunity to review the scope with the City to confirm it meets the City’s needs for the Project.

Task 1 – Additional Hydraulic Modeling
The purpose of this task is to review the existing hydraulic model, recommend new hydraulic model analyses, and perform additional hydraulic modeling to confirm the preferred project.

Carollo will review the Preliminary Hydraulic Analysis completed by Balance Hydrologics and review the hydraulic model files (provided by the City). Carollo will draft a technical memorandum summarizing the review of the preliminary analysis and hydraulic model, identifying key design parameters and remaining questions, and recommend additional model simulations to meet the City’s goals.

Carollo will facilitate a Stage Gate Meeting 1 with the City to review and confirm new hydraulic modeling simulations for the project.

Carollo will perform new hydraulic model simulations to help better characterize the expected flows up to the 100-year event, take into consideration the City’s Letter of Map Revision application to FEMA (currently under review), and the effects the proposed pump station will have on FEMA Flood Zone. Carollo will draft a technical memorandum summarizing the additional hydraulic modeling process and results. The technical memorandum will present a high level alternatives analysis based on optimizing pump station flow and the effects on flood zone mapping in the downtown area and a summary of findings and key design decisions based on results.

Carollo will facilitate a Stage Gate Meeting 2 with City Staff to review the additional hydraulic modeling and confirm the preferred project.

Task 1 Deliverables:
• Draft and Final Review of Preliminary Analysis Technical Memorandum • Draft and Final Additional Hydraulic Modeling Technical Memorandum • Stage Gate Meeting 1 and 2 Agenda and Meeting Minutes Task 1 Assumptions:
• The City will provide the existing hydrologic and hydraulic model files (HECRAS/EPA SWMM model file format). Existing hydrologic and hydraulic models will be useable, accurate, complete, and do not require significant updates to correct errors for the purposes of this analysis. The existing hydrologic and hydraulic model files can be relied on and used.
• Preparing revised flood zone maps is not anticipated.

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• Additional modeling work is anticipated to include up to four (4) new modeling simulations.
• City review of the draft technical memoranda are anticipated to be 1-2 weeks. • Each technical memorandum will be limited to one (1) draft and one (1) final deliverable.
• The Stage Gate Meetings will be virtual and each approximately 2 hour duration.

Task 2 – Engineering Design
The purpose of this task is to evaluate pump station alternatives, confirm the preferred alternative, and document the basis of design.

Carollo will subcontract with Whitson Engineers to perform a topographic survey. Survey work includes:
• Lay out of record right-of-way boundaries in CAD and identifying survey monuments of record to be searched for and included in the survey.
• Establish survey control at the site and tie to an established coordinate system and vertical datum (California Coordinate System, NAD83 Zone III / NAVD88, unless otherwise specified) using GNSS satellite observations and the use of the National Geodetic Survey’s Online Positioning User Service (OPUS). Recover and survey adequate boundary monumentation to overlay the record right-of-way boundary with the topographic mapping (Note: this will not constitute a boundary survey) • Performing existing utility research and requesting utility maps and/or as-built drawings for utilities within the survey area. Existing utility information received from existing utility owners will be incorporated into the topographic mapping. Surveyed surface features and existing surface utility markings will be used to incorporate utility information onto the mapping and reconcile utility locations with surface evidence where possible with accuracy consistent with “ASCE Quality Level C” utility mapping. • Conducting a topographic survey and locate observed existing features, including the location of hardscape features, fences, observed surface utilities (including any observed pre-existing underground utility markings) and trees larger than 6” in diameter.

Determine invert elevations along with approximate pipe sizes and directions for sewer and storm drain manholes and drain inlets within the survey area, where safe and practicable to do so by visual inspection without requiring traffic lane closures or thirdparty traffic control. Survey sufficient spot elevations to generate accurate 1-foot contours of the surveyed area.
• Acquire aerial photography and process the photography to create a current georeferenced digital orthophoto with 2” pixel resolution or better. • Prepare a topographic map of the subject areas including topographic features and elevations at a 1’ contour interval.

Carollo will subcontract with Crawford and Associates to perform geotechnical borings and develop a geotechnical report. Geotechnical work includes:
• Both pump station sites will likely require coordination with the U.S. Army Corps of Engineers (USACE),local flood protection agency. Based on experience with work in similar conditions, obtaining permits includes developing a Drilling and Invasive Program Plan (DIPP). Crawford will prepare a DIPP for a Minor Alteration Request permit and USACE Section 408 permit. Crawford will obtain the required County boring / environmental health permit.
• Two borings at each pump station (four borings total), to a depth ranging between 25 to 50 feet. As required by USACE and CVFPB permits, a licensed engineer will direct the

13.19

sampling and log the borings. Sampling at a minimum 5-foot intervals using a split spoon sampler. We will deliver the samples to the laboratory for testing. The drilling contractor will advance the borings with a rubber-tired, truck or track-mounted drill rig using 6 to 8- inch-diameter hollow/solid stem augers and/or mud-rotary techniques. Standard Penetration Testing (SPT) and California Modified sampling will be performed within the borings to obtain samples and blow count information.
• Laboratory tests on select, representative soil samples obtained from the exploration will be completed and may include Moisture Content and Dry Density, Grainsize Analysis, Plasticity Index, Direct shear and/or Unconfined compression, Corrosivity analysis (pH, sulfates, resistivity, chloride content, and redox potential), and Consolidation. • Preparing and draft and final Geotechnical Report.

Carollo will develop up to two conceptual preliminary pump station design alternatives for Pump Station 1 and Soquel Pump Station in two dimension drawing format with preliminary pros and cons of the alternatives. Carollo will then facilitate a CAMP® workshop with the City to review the alternatives, obtain City feedback, and identify a preferred alternatives.

Carollo will prepare Basis of Design Report in the form of a technical memorandum to document design criteria used in the final design. The Basis of Design Report will include:
• A description of the proposed design for pump station(s) • The anticipated improvement in flood plain limits and flood depths • Design considerations that align with the City’s Downtown Plan Expansion • 30% design of the pump stations showing layouts
• Class 5 construction cost estimate
• Preliminary construction schedule and phasing
• Preliminary index of drawings with drawing descriptions • Preliminary index of specifications
Carollo will facilitate a Basis of Design Report workshop to present the preferred design and obtain feedback.

Task 2 Deliverables:
• Draft and Final Geotechnical Report
• Draft and Final Basis of Design Reprot
• CAMP® Workshop Agenda and Meeting Minutes
• Basis of Design Workshop Agenda and Meeting Minutes
Task 2 Assumptions:
• The CAMP® workshop will be in person with City Engineering and O&M staff in the City’s offices. The anticipated duration is 4 hours. • City review of the draft Basis of Design Report is anticipated to be 3 weeks. • The Basis of Design workshop will be virtual and an approximately 2 hour duration.
• The Basis of Design will include an index of drawings and specifications that identifies which drawings and specifications will be included in each submittal. • Boundary surveying, re-establishment of boundary corners, preparing a Corner Record, Record of Survey, or other recorded map surveying are not anticipated. • USACE and local flood protection agency permit fees for the geotechnical borings will be paid by the City.

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• A Site-Specific Ground Motion Analysis is not anticipated. • Geotechnical drilling work will not require traffic control • No contaminated soil or groundwater issues are present that would require containment of the geotechnical drill cuttings; drill cuttings will be spread on-site. • Access and/or rights-of-entry will be provided by the City for geotechnical work. • USA requests for the geotechnical borings will be marked by existing utility owners and the City will mark all existing City owned utilities. • Three dimensional visualizations are not included in the scope.

Task 3: Engineering Design – 50%
Carollo will prepare 50% Plans, Specifications, and Class 3 Construction Cost Estimates (PS&E), and a preliminary construction schedule. The City’s Standard front-end contract documents will be used. Carollo will coordinate with and provide technical information to the City’s environmental consultant.

Carollo will facilitate a design review workshop to present the 50% design and obtain input.

Task 3 Deliverables:
• 50% Plans, Technical Specifications, Class 3 Construction Cost Estimate, and Preliminary Construction Schedule (all PDF)
• Suggested edits to the City’s front end specifications (MS Word in track changes) Task 3 Assumptions:
• The City will provide City front end documents in MS Word format. Eight (8) hours are anticipated for review and developing suggested edits to the City’s front end documents.
• Carollo CAD standards will be used.
• Carollo’s technical specifications format will be used. • City review of the design deliverable is anticipated to be 3 weeks. • The design review workshop will be virtual and an approximately 2 hour duration.

Task 4: Engineering Design – 90%
Following receipt of all City comments on the 50% design submittal, Carollo will prepare 90% Plans, Specifications, and Class 2 Construction Cost Estimates (PS&E), and a preliminary construction schedule. The City’s Standard front-end contract documents will be used. Carollo will coordinate with and provide technical information to the City’s environmental consultant.

Comments from City review of the 50% submittal will be addressed and incorporated into this submittal.

Carollo will facilitate a design review workshop to present the 90% design and obtain input.

Task 4 Deliverables:
• 90% Plans, Technical Specifications, Class 2 Construction Cost Estimate, and Preliminary Construction Schedule (all PDF)
• Suggested edits to the City’s front end specifications (MS Word in track changes). Four (4) hours are anticipated to discuss suggested edits on the City’s front end documents.

Task 3 Assumptions:
• There will not be any changes to the standard front end document template.

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• Carollo CAD standards will be used.
• Carollo’s technical specifications format will be used. • City review of the design deliverable is anticipated to be 3 weeks. • The design review workshop will be virtual and an approximately 2 hour duration. • The need for potholing critical utilities is unknown until 50% design is completed.

An allowance of $25,000 has been included in the budget for potholing. This allowance is anticipated to cover the cost for 5-10 potholes depending on pothole depth, need for traffic control, and surface restoration.

Task 5: Engineering Design – 100%
Following receipt of all City comments on the 90% design submittal, Carollo will prepare 100% Plans, Specifications, and Class 1 Construction Cost Estimates (PS&E), and a preliminary construction schedule. The City’s Standard front-end contract documents will be used. Carollo will coordinate with and provide technical information to the City’s environmental consultant.

Comments from City review of the 90% submittal will be addressed and incorporated into this submittal.

Task 5 Deliverables:
• 100% stamped and signed Plans, Front End Specifications, Technical Specifications, Class 1 Construction Cost Estimate, and Preliminary Construction Schedule (all PDF)
Task 5 Assumptions:
• There will not be any changes to the standard front end document template. The City will provide bidding information (for example, bid dates). • Carollo CAD standards will be used.
• Carollo’s technical specifications format will be used. • The design review workshop will be virtual and an approximately 2 hour duration. • The plans and specification will be signed and ready for bidding. No additional comments will be provided by the City after the 90% submittal. Carollo will incorporate all comments from the 90% submittal and submit 100% documents as final.
• A scope of work and fee estimate for bid phase services and engineering services during construction will be provided at the City’s request.

Task 6: Project Management
Carollo will perform project management and administration tasks required to provide supervision of the work and coordination with the City. Project Management will continue until project completion and contract closeout. Project Management task will include:
• Preparing an agenda and attending an in person project kick-off meeting with the City at the City’s offices to review the scope of work, the initial tasks to be performed, the project schedule, the critical task items, areas of concern, and participate in a general exchange of views and ideas regarding the execution of the project. • Preparing and distributing meeting invitations, agendas, and meeting minutes • Preparing a project schedule.
• Preparing monthly progress report on performance including status of costs, schedule update and status of deliverables. The report will be updated monthly and submitted along with monthly progress invoices.
• Facilitate monthly virtual project progress meetings to review the project with the City and stakeholders.

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• Preparing changes in scope, or amendments to the agreement when appropriate, prior to performing the work.
• Establishing a quality control plan and perform internal quality control reviews of all deliverables and critical work products developed by the Consultant prior to delivery to the City.
• Administering and supervising the work of subconsultants Carollo will retain all financial and programmatic records related to this Contract for a minimum of seven (7) years following the end of the grant performance period or until resolution of any audit, whichever is later.

Task 6 Deliverables:
• Kick-off meeting agenda and minutes
• Monthly invoices
• Project progress agenda and meeting minutes
Task 6 Assumptions:
• Deliverables will be in PDF format
• The anticipated project schedule is included in the proposal and the duration of project management activities is anticipated to be 16 months. • Monthly progress meetings are anticipated to be a 1 hour duration. • Scope and fee for Bid Phase services and Engineering Serviced During Construction will be developed during the 100% Engineering Design phase or as requested by the City
Optional Tasks
Task 7: Prepare Plat Maps and Legal Descriptions (Typical Cost) Based on an initial review, the work is on publicly owned property. The purpose of this optional task is to prepare legal descriptions and accompanying plats for easements or property acquisition, if needed. Descriptions and plats will be provided in a format suitable for recordation by the Santa Cruz County Recorder as attachments to easement grant deeds (grant deeds to be prepared by others).

The amount of work and cost involved in preparing a legal description and plat can vary greatly depending upon several factors, including the complexity and size of the easement being described, how the boundary of the encumbered parcel is defined, and whether field work would be required to relate the easement to parcel boundaries. An approximate cost is provided for budgeting purposes for a single Plat Map and Legal Description. Depending on the type of property and size additional funds/support may be required. Property acquisition services are not included.

13.23 City of Santa Cruz Professional Services Agreement for Pump Station 1 and Soquel Pump Station Design June 2025 (Form Rev.03/25 ) Page 15
EXHIBIT B: FEE SCHEDULE

13.24 2026 Rates $359 $359 $349 $359 $278 $316 $348 $309 $334 $329 $294 $339 $325 $350 $330 $271 $233 $201 $172 2027 Rates $374 $374 $363 $374 $289 $328 $362 $321 $348 $342 $305 $352 $338 $364 $343 $281 $242 $209 $179

1.0 1.1 Review Preliminary Hydraulic Analysis (already done) 2026 0 -$ -$ -$

1.2 Review Existing Hydraulic Model 2026 2 10 20 32 $ 8,906 -$ $ 8,9061.3 Technical Memo: Review of Preliminary Hydraulic Analysis 2026 2 8 2 18 4 34 $ 9,196 -$ $ 9,196

1.4 Stage Gate Meeting 1 2026 2 2 2 4 10 $ 3,075 -$ $ 3,0751.5 Technical Memo: Additional Hydraulic Modeling Report 2026 6 30 6 8 66 8 124 34,401 $ -$ $ 34,401

1.6 Stage Gate Meeting 2 2026 2 2 2 4 10 $ 3,075 -$ $ 3,075 0 4 0 14 52 6 10 0 0 0 0 0 0 0 0 112 0 0 12 210 58,652 $ -$ -$ -$ -$ -$ $ - -$ $ 58,652

2.0 2.1 Topographic Survey and Utility Investigations 2026 2 16 4 22 $ 5,978 $ 46,000 $ 46,000 $ 51,978

2.2 Geotechnical Investigations 26/27 2 2 $ 733 $ 79,000 $ 79,000 $ 79,733

2.3 Develop Design Alternatives 2026 8 4 2 20 4 8 2 40 88 $ 26,482 -$ $ 26,4822.4 CAMP Workshop with City to Review Alternatives 2026 8 8 8 8 8 8 48 $ 15,867 -$ 250$ $ 16,117

2.5 Basis of Design Report 2026 8 2 8 20 4 8 8 8 4 4 24 8 208 41 75 16 446 119,065 $ $ 42,000 $ 42,000 $ 161,065

2.6 Basis of Design Report Workshop 2026 8 8 8 24 $ 7,564 -$ $ 7,564 0 36 6 16 2 56 16 16 8 8 4 0 4 24 18 280 45 75 16 630 175,689 $ $ 42,000 $ 46,000 $ 79,000 -$ 167,000 $ $ - 250$ $ 342,939

3.0 3.1 50% Design Plans, Specs, Cost, and Schedule 2026 40 8 24 80 8 40 60 60 20 40 24 60 24 392 484 899 24 2287 565,358 $ $ 35,000 $ 35,000 200$ $ 600,558

3.2 Design Review Workshop 2026 8 8 8 24 $ 7,564 -$ $ 7,564 0 48 8 24 0 88 8 40 60 60 20 40 24 60 24 400 484 899 24 2,311 572,922 $ $ 35,000 -$ -$ -$ 35,000 $ $ - 200$ $ 608,122

4.0 4.1 90% Design Plans, Specs, Cost, and Schedule 2027 40 8 24 80 6 40 80 80 12 16 60 8 632 285 528 24 1923 518,232 $ $ 30,000 $ 25,000 $ 55,000 $ 573,232

4.2 Design Review Workshop 2027 8 8 $ 2,251 -$ $ 2,251
0 40 8 24 0 80 6 40 80 80 12 0 16 60 8 640 285 528 24 1,931 520,483 $ $ 30,000 -$ -$ $ 25,000 $ 55,000 $ - -$ $ 575,483

5.0 5.1 100% Design Plans, Specs, Cost, and Schedule 2027 24 8 24 40 4 24 40 40 8 8 40 580 146 270 16 1272 348,172 $ $ 26,000 $ 26,000 $ 374,172 0 24 8 24 0 40 4 24 40 40 8 0 8 40 0 580 146 270 16 1,272 348,172 $ $ 26,000 -$ -$ -$ 26,000 $ $ - -$ $ 374,172

6.0 6.1 Kick-Off Meeting 2026 8 8 8 8 32 $ 10,438 -$ 200$ $ 10,638

6.2 Monthly Project Progress Meetings 26/27 16 16 16 48 $ 15,430 -$ $ 15,4306.3 Project Administration, Monthly Reports, and Invoices 26/27 8 40 16 64 $ 20,404 -$ $ 20,404 8 64 0 8 0 24 0 0 0 0 0 0 0 0 0 24 0 0 16 144 46,272 $ -$ -$ -$ -$ -$ $ - 200$ $ 46,472 8 216 30 110 54 294 44 120 188 188 44 40 52 184 50 2036 960 1772 108 6,498 1,722,190 $ $ 133,000 $ 46,000 $ 79,000 $ 25,000 $ 283,000 $ 650$ 2,005,840 - $

7.0 7.1 Prepare Plat Map and Legal Description (Typical Cost) 1 1 1 3 $ 944 $ 5,000 $ 5,000 $ 5,944 Technical
Advisor
(Taylor)

QA / QC
(Loper / Baune)
Pump Station
Lead
(Peterson)

EXHIBIT B
City of Santa Cruz
Pump Station 1 and Soquel Pump Station Design - Fee Estimate Task Description
Carollo Labor Estimate Subconsultant Labor Estimate Other Direct Costs Totals
Principal-inCharge
(Prudhel)
Project
Manager
(Marshall) Travel
Hours
Utility
Locating
(BESS)
Subtotals Misc. Costs and Printing
Senior CADD
Technician
CADD
Technician
Document
Processing / Project
Accounting
Subtotals
Landscape
Architecture
(Seigfried)
Survey
(Whitson)
Subtotal
Optional Tasks
Task 2 Subtotal
Engineering Design - 50%
Task 3 Subtotal
Project Management
Task 6 Subtotal
Engineering Design - 90%
Task 4 Subtotal
Engineering Design - 100%
Task 5 Subtotal
SCADA Lead
(Moore)
Rehabilitation
Lead
(Gourley)
CFD Modeling
(Wicklein)
Project Totals (All Tasks)
Modeling Lead
(Orgill)
Additional Hydraulic Modeling
Task 1 Subtotal
Stormwater
Compliance
Lead
(CowleyCrawford)
Structural / Lead
(Punyamurtula)
Electrical Lead
(Bahneman)
Corrosion
Lead
(Henderson)
Cost
Estimating
(Rozgony)
Constructability
(Buckman)
Staff Engineer
(Civil /
Structural /
Electrical)
Engineering Design (Basis of Go / No Go)
Geotechnical
(Crawford)

13.25 Category Staff 2026 Rate 2026 Hours 2026 Labor Cost 2027 Rate 2027 Hours 2027 Labor cost Total Hours Total Labor Cost % of Total Fee Principal-in-Charge Ann Prudhel $359.32 4 $1,437.27 373.69 4 $1,494.76 8 $2,932.03 0.2%Project Manager Jon Marshall $359.32 123 $44,195.97 373.69 93 $34,753.12 216 $78,949.09 4.6%Technical Advisor Tim Taylor $349.08 14 $4,887.11 363.04 16 $5,808.67 30 $10,695.78 0.6%QA / QC - Modeling Tim Loper $359.32 31 $11,138.82 373.69 24 $8,968.55 55 $20,107.37 1.2%QA / QC - Pump Station Darren Baune $359.32 31 $11,138.82 373.69 24 $8,968.55 55 $20,107.37 1.2%Modeling Lead Ryan Orgill $277.60 54 $14,990.64 288.71 0 $0.00 54 $14,990.64 0.9%Pump Station Lead Justin Peterson $315.58 166 $52,385.67 328.20 128 $42,009.52 294 $94,395.19 5.5%Stormwater Compliance Lead Milli Cowley-Crawford $348.45 34 $11,847.13 362.38 10 $3,623.83 44 $15,470.96 0.9%Structural / Lead Kaushik Punyamurtula $308.51 56 $17,276.45 320.85 64 $20,534.30 120 $37,810.75 2.2%Electrical Lead Eirk Bahneman $334.40 68 $22,739.45 347.78 120 $41,733.59 188 $64,473.04 3.7%SCADA Lead Elise Moore $328.60 68 $22,345.03 341.75 120 $41,009.70 188 $63,354.73 3.7%Rehabilitation Lead Kyle Gourley $293.67 24 $7,048.19 305.42 20 $6,108.43 44 $13,156.61 0.8%CFD Modeling Ed Wicklein $338.62 40 $13,544.77 352.16 0 $0.00 40 $13,544.77 0.8%Corrosion Lead Christine Henderson $324.58 28 $9,088.18 337.56 24 $8,101.47 52 $17,189.65 1.0%Cost Estimating Jason Rozgony $349.78 84 $29,381.21 363.77 100 $36,376.74 184 $65,757.95 3.8%Constructability Randy Buckman $330.16 42 $13,866.57 343.36 8 $2,746.90 50 $16,613.47 1.0%Civil / Structural / Electrical Civil / Structural / Electrical $270.57 808 $218,618.94 281.39 1228 $345,547.80 2036 $564,166.75 32.8%Senior CADD Technician Senior CADD Technician $232.53 529 $123,009.85 241.83 431 $104,230.50 960 $227,240.35 13.2%CADD Technician CADD Technician $200.84 974 $195,615.04 208.87 798 $166,678.48 1772 $362,293.52 21.0%Document Processing / Project Accounting Document Processing / Project Accounting $172.31 60 $10,338.62 179.20 48 $8,601.74 108 $18,940.36 1.1%Subconsultants FeeLandscape Architecture (Seigfried) $133,000 Misc. Costs and Printing $0.00Survey (Whitson) $46,000 Travel $650.00Geotechnical (Crawford) $79,000 Total ODC $650.00Utility Locating (BESS) $25,000 Total Subconsultants $283,000
ODC

13.26 City of Santa Cruz Professional Services Agreement for Pump Station 1 and Soquel Pump Station Design June 2025 (Form Rev.03/25 ) Page 16
EXHIBIT C: WORK SCHEDULE

13.27 ID Task Name Duration Start Finish
1 Pump Station 1 and Soquel Pump Station Design 389 days Fri 4/10/26 Wed 10/6/27 2 Notice to Proceed (anticipated) 0 days Fri 5/1/26 Fri 5/1/26 3 Project Kick-Off Meeting 0 days Tue 5/5/26 Tue 5/5/26 4 Task 1 - Additional Hydraulic Modeling 73 days Fri 4/10/26 Tue 7/21/26 5 Technical Memo - Review of Preliminary Analysis 38 days Fri 4/10/26 Tue 6/2/26 6 Review Preliminary Report (already done) 3 wks Fri 4/10/26 Fri 5/1/26 7 Review Hydraulic Model Files 1 wk Wed 5/6/26 Tue 5/12/26 8 Draft Tech Memo 1 wk Wed 5/13/26 Tue 5/19/26
9 Carollo Quality Control Review 3 days Wed 5/20/26 Fri 5/22/26 10 Update Based on Quality Control Review 2 days Mon 5/25/26 Tue 5/26/26 11 Deliver Tech Memo 0 days Tue 5/26/26 Tue 5/26/26
12 Stage Gate Meeting 1 0 days Tue 6/2/26 Tue 6/2/26
13 Technical Memo - Additional Hydraulic Modeling 35 days Wed 6/3/26 Tue 7/21/26 14 Perform Additional Hydraulic Modeling 2 wks Wed 6/3/26 Tue 6/16/26 15 Draft Tech Memo 1 wk Wed 6/17/26 Tue 6/23/26
16 Carollo Quality Control Review 1 wk Wed 6/24/26 Tue 6/30/26 17 Update Based on Quality Control Review 1 wk Wed 7/1/26 Tue 7/7/26 18 Deliver Tech Memo 0 days Tue 7/7/26 Tue 7/7/26
19 Stage Gate Meeting 2 0 days Tue 7/21/26 Tue 7/21/26
20 Task 2 - Engineering Design 170 days Wed 7/22/26 Tue 3/16/27 21 Topographic Survey 4 wks Wed 7/22/26 Tue 8/18/26
22 Geotechnical Analysis 170 days Wed 7/22/26 Tue 3/16/27 23 Drilling and Invasive Program Plan for ACOE/CVFPB Permit 2 wks Wed 7/22/26 Tue 8/4/26 24 ACOE/Flood Board Permit Approval 6 mons Wed 8/5/26 Tue 1/19/27 25 Borings / Lab Testing / Geotechnical Report 8 wks Wed 1/20/27 Tue 3/16/27 26 Develop Design Alternatives 3 wks Wed 7/22/26 Tue 8/11/26 27 CAMP Workshop with City to review alternatives 2 days Wed 8/12/26 Thu 8/13/26 28 Develop Basis of Design Report 3 wks Wed 8/19/26 Tue 9/8/26 29 Carollo Quality Control Review 1 wk Wed 9/9/26 Tue 9/15/26 30 Update Based on Quality Control Review 1 wk Wed 9/16/26 Tue 9/22/26 31 Deliver Draft BODR 0 days Tue 9/22/26 Tue 9/22/26
32 BODR Review Workshop 0 days Tue 10/13/26 Tue 10/13/26 33 Finalize BODR 2 wks Wed 10/14/26 Tue 10/27/26
34 Deliver Final BODR 0 days Tue 10/27/26 Tue 10/27/26
35 Task 3 - Engineering Design - 50% 55 days Wed 10/14/26 Tue 12/29/26 36 Develop Design 6 wks Wed 10/14/26 Tue 11/24/26
37 Carollo Quality Control Review 1 wk Wed 11/25/26 Tue 12/1/26 38 Update Based on Quality Control Review 1 wk Wed 12/2/26 Tue 12/8/26 39 Deliver 50% Design 0 days Tue 12/8/26 Tue 12/8/26
40 Design Review Workshop 0 days Tue 12/29/26 Tue 12/29/26 41 Task 4 - Engineering Design - 90% 75 days Wed 3/17/27 Tue 6/29/27 42 Develop Design 8 wks Wed 3/17/27 Tue 5/11/27
43 Carollo Quality Control Review 2 wks Wed 5/12/27 Tue 5/25/27 44 Update Based on Quality Control Review 2 wks Wed 5/26/27 Tue 6/8/27 45 Deliver 90% Design 0 days Tue 6/8/27 Tue 6/8/27
46 Design Review Workshop 0 days Tue 6/29/27 Tue 6/29/27 47 Task 5 - Engineering Design - 100% 60 days Wed 6/30/27 Tue 9/21/27 48 Develop Design 8 wks Wed 6/30/27 Tue 8/24/27
49 Carollo Quality Control Review 2 wks Wed 8/25/27 Tue 9/7/27 50 Update Based on Quality Control Review 2 wks Wed 9/8/27 Tue 9/21/27 51 Deliver 100% Design 0 days Tue 9/21/27 Tue 9/21/27
52 Task 6 - Project Management 352 days Tue 6/2/26 Wed 10/6/27 53 Project Progress Meetings 352 days Tue 6/2/26 Wed 10/6/27 Notice to Proceed (anticipated) 5/1
Project Kick-Off Meeting 5/5
Deliver Tech Memo 5/26
Stage Gate Meeting 1 6/2
Deliver Tech Memo 7/7
Stage Gate Meeting 2 7/21
CAMP Workshop with City to review alternatives
Deliver Draft BODR 9/22
BODR Review Workshop 10/13
Deliver Final BODR 10/27
Deliver 50% Design 12/8
Design Review Workshop 12/29
Deliver 90% Design 6/8
Design Review Workshop 6/29
Deliver 100% Design 9/21
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct 2026 2027
Task
Split
Milestone
Summary
Project Summary
Inactive Task
Inactive Milestone
Inactive Summary
Manual Task
Duration-only
Manual Summary Rollup
Manual Summary
Start-only
Finish-only
External Tasks
External Milestone
Deadline
Progress
Manual Progress

Project: Schedule.mpp
Date: Wed 3/11/26

13.28 City of Santa Cruz Professional Services Agreement for Pump Station 1 and Soquel Pump Station Design June 2025 (Form Rev.03/25 ) Page 17
EXHIBIT D: INSURANCE REQUIREMENTS
Consultant shall procure and maintain insurance against claims for injuries to persons or damages to property and otherwise which may arise from or in connection with the performance of the work under this Agreement and the results of that work by Consultant, its agents, representatives, employees, or subcontractors.

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

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

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

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

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

13.29 City of Santa Cruz Professional Services Agreement for Pump Station 1 and Soquel Pump Station Design June 2025 (Form Rev.03/25 ) Page 18
The Worker’s Compensation policy must be endorsed with a waiver of subrogation in favor of the City for all work performed by the Consultant and its employees. (Not required if Consultant provides written verification it has no employees) - If Consultant has no employees, Consultant shall complete and sign a Workers’ Compensation Exemption Declaration and Release of Liability.

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

13.30 City of Santa Cruz Professional Services Agreement for Pump Station 1 and Soquel Pump Station Design June 2025 (Form Rev.03/25 ) Page 19
• ACCEPTABILITY OF INSURERS
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A: VII, unless otherwise acceptable to the City.
• CLAIMS MADE POLICIES
If any of the required policies provide coverage on a claims-made basis:

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

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

3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work. • VERIFICATION OF COVERAGE
Consultant will furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy 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.

13.31 ORDINANCE NO. 2026-11
AN ORDINANCE OF THE CITY OF SANTA CRUZ AMENDING CHAPTER 24.16 OF THE SANTA CRUZ MUNICIPAL CODE TO ADD PART 5 “LOCAL PREFERENCE POLICY” TO

STRENGTHEN PREFERENCE POLICIES FOR THOSE WHO LIVE AND/OR WORK IN THE

CITY AND COUNTY AND THOSE AT RISK OF DISPLACEMENT AND AMENDING SECTION 24.16.045 TO ENSURE THE LOCAL PREFERENCE ORDINANCE SUPPORTS THE EXISTING APPLICATION OF THE LOCAL PREFERENCE ACROSS ALL DEEDRESTRICTED AFFORDABLE UNITS WHEREAS, the City of Santa Cruz continues to experience severe housing affordability constraints, including rising rents and limited housing supply, which disproportionately burden lowincome households and increase displacement pressures on long-term residents and members of the local workforce; and
WHEREAS, the City has adopted inclusionary housing requirements and other housing policies intended to expand access to affordable housing while furthering fair housing goals and preventing displacement; and
WHEREAS, the Santa Cruz Municipal Code currently authorizes limited local resident and worker preferences for certain affordable housing units, and staff has included those same local preference requirements in affordable housing agreements for other deed-restricted affordable housing units, such as 100% affordable housing and density bonus units; and WHEREAS, federal and state law permit local tenant preference policies when implemented in a manner that is consistent with fair housing requirements and the obligation to affirmatively further fair housing, including California Government Code section 7061; and WHEREAS, affordable housing developments within the City are produced through multiple regulatory and financing mechanisms, including inclusionary housing requirements, density bonus provisions, one hundred percent affordable housing developments, and projects receiving City financial assistance; and
WHEREAS, existing local preference policies have shown to be effective, with an analysis of four, recently-occupied 100% affordable housing projects finding that approximately 92% of households who moved into those units upon initial occupancy included household members who either lived or worked in the County of Santa Cruz; and WHEREAS, analysis of local preference policies applicable to inclusionary units within market rate projects is expected to have similar findings, although a survey of such units has not been conducted, in part due to the limited number of mixed-income projects with both market rate and inclusionary units that have been produced in recent years; and WHEREAS, as part of the annual reporting that the City already requires for showing compliance with the rental rates and tenant income qualifications, the City desires that, for both 100%

14.1 ORDINANCE NO. 2026-11
2 affordable and inclusionary housing units and for inclusionary units, a mandatory reporting also be required for consistency with and statistics regarding compliance with the local preference policies, as that reporting is currently done on a voluntary basis; and WHEREAS, the City Council intends through this ordinance to strengthen existing policies and practices such that a uniform, legally compliant local tenant preference requirement applies to affordable housing units, while ensuring consistency with applicable financing requirements and fair housing obligations.

WHEREAS, this proposed action and the adoption of the associated resolution are not a CEQA “project” under Public Resources Code section 21065, and if it were considered a project, then it would be exempt under Categorical Exemptions Class 7 – Regulations for the Protection of the Environment, as further detailed in the associated staff report.

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

SECTION 1. Chapter 24.16. of the Santa Cruz Municipal Code is amended to add Part 5, commencing with section 24.16.400 et seq. as follows:

Part 5: LOCAL PREFERENCE POLICY

24.16.400. Purpose and Intent
The purpose and intent of this Part is to establish local tenant preference requirements for certain deed-restricted affordable housing units regulated by the City and set forth by resolution in the City’s Local Preference Policy to:
a. Reduce displacement of lower-income households;
b. Prioritize housing opportunities for households who live or work in the City and County; c. Ensure consistency with state and federal fair housing law; and d. Provide a clear and uniform framework for tenant selection where permitted by law.

24.16.410. Applicability of Local Preference Policy.

1. For purposes of this part, “Affordable unit” means a dwelling unit subject to a deed restriction, regulatory agreement, or other binding agreement requiring occupancy by an income-eligible household at a restricted rent or price. The local tenant preference requirements of this Part and the Local Preference Policy are intended to be applied to the extent they are consistent with project funding source requirements, state, and federal law.

2. As used in this part, Affordable unit includes, without limitation:
a. Inclusionary units required pursuant to Part 1 of this Chapter (SCMC § 24.16.010 et seq.);

14.2 ORDINANCE NO. 2026-11
3 b. Affordable units provided to qualify a project for a density bonus pursuant to Part 3 of this Chapter (SCMC § 24.16.200 et seq.) or any other state or local density bonus; c. Units within a one hundred percent affordable housing development; and d. Units within housing developments receiving City financial assistance, City land, or other City-controlled resources for new construction, substantial rehabilitation, or acquisition.

3. The Community Development Director may from time to time adopt or amend guidelines for qualifying applicants for the Local Preference Policy, monitoring, relevant administrative provisions, and means of compliance with the requirements of this Part (the “Local Preference Guidelines”). The Local Preference Guidelines shall be available publicly and published online.

24.16.420. Disclosure of Local Preference.

Pursuant to Government Code Section 7061.1, the City shall, no more than 90 calendar days after the date this ordinance becomes operational, create a webpage on its internet website containing this ordinance, the Local Preference Policy, and any other supporting material, and include a current link to said webpage in its annual housing element report.

24.16.430. Local Preference Policy Compliance Required.

1. When selecting tenants or homebuyers for Affordable unit(s) subject to the requirements of this chapter, owners of the Affordable unit(s) shall implement the Local Preference Policy adopted via resolution and published online pursuant to Government Code Section 7061.1, as may be amended by the City Council by resolution from time to time.

2. The Local Preference Policy shall be included as a term in the regulatory agreement or other agreement between the City and the owner of the Affordable unit(s). Prior to offering the Affordable unit for sale or for rent, the owner must provide the City with a tenant selection plan which describes the project’s procedures for implementing the required preferences and for determining whether potential renters and homebuyers are entitled to the preferences required by the Local Preference Policy.

24.16.440. Term of Local Preference.

The Local Preference Policy shall apply during the full term of affordability required by this chapter or by any regulatory agreement, financing document, or other City approval applicable to the Affordable unit. The Local Preference Policy shall be applied at both initial occupancy and subsequent rental or sale of Affordable units, to the extent consistent with project funding source requirements, state, and federal law.

24.16.450. Enforcement.

1. The provisions of this chapter shall apply to all owners and their agents, successors, and assigns of Affordable units governed by this chapter.

14.3 ORDINANCE NO. 2026-11
4 2. Upon the City’s request, owners of Affordable units shall provide documentation of compliance with this chapter, consistent with the Local Preference Guidelines referenced in SCMC Section 24.16.410(3).

3. Notice of Non-compliance. Except as otherwise provided herein, if the City determines that a violation of this chapter has occurred, then the Community Development Director, or designee shall provide notification of the non-compliant issues to the offending party. Within 30 calendar days of the notice, the developer, owner, or tenant (as applicable) shall either cure the violation or submit a written cure plan to the Community Development Director, or designee, for approval. The Community Development Director, or designee, may approve a cure plan establishing a reasonable timeline and conditions for achieving compliance. Any cure plan shall be implemented in a manner consistent with applicable state and local law, including any requirements governing tenant noticing, relocation assistance, eviction, or fair housing obligations.

4. The City may institute any appropriate legal actions or proceedings necessary to ensure compliance with this chapter. In the event the City is the prevailing party in a legal action to enforce the provisions of this chapter, the City shall be entitled to recover its administrative costs, including reasonable attorneys’ fees, in addition to any other remedy provided by the court.

5. The City Council by resolution may establish fees for the ongoing administration and monitoring of the local preference policy, which fees may be updated periodically, as required.

SECTION 2. Chapter 24.16.045 of the Santa Cruz Municipal Code is amended as follows:

24.16.045 Continued Affordability and Initial Occupancy.

1. The City Council, by resolution, shall establish guidelines for determining household income, asset limits, occupancy standards, affordable ownership cost, affordable rent, provisions for continued monitoring of tenant eligibility, resale price, and other implementation criteria. The city shall use standard documents as approved by the city attorney to ensure the continued affordability of the inclusionary units in all residential developments. The documents may include, but are not limited to, inclusionary housing agreements, rent regulatory agreements, promissory notes, deeds of trust, options to purchase, and resale restrictions.

2. Rent regulatory agreements consistent with the requirements of this part shall be recorded against residential developments containing rental inclusionary units. If the inclusionary units are designated for owner-occupancy, resale restrictions, deeds of trust, options to purchase, and/or other documents consistent with the requirements of this part shall be recorded against the owneroccupied inclusionary units.

3. Any household that occupies an inclusionary unit must occupy that unit as its principal residence, except in circumstances that may require the temporary vacation of the unit. For rented inclusionary units, the documents required by subsection (1) shall provide for continued occupancy for limited periods by households occupying the units, whose incomes increase during their occupancy so that they exceed the maximum otherwise permitted for the unit.

14.4 ORDINANCE NO. 2026-11
5 4. The maximum sales price shall be calculated using the methodology defined in the resolution and/or guidelines identified in and applied under the inclusionary agreement for that property.

Unless otherwise required by California Government Code Section 66474.2 or 65589.5(o), or any other applicable state codes or successor provisions, the resolution in effect at the time of first approval shall be the basis for these calculations, unless another inclusionary ordinance or implementing resolution basis more recently approved by the council has been defined and mutually been agreed upon by the developer, the community development director, and the economic development director or otherwise authorized by the approval body. The resale restrictions shall allow the city a right of first refusal or option to purchase any owner-occupied inclusionary unit at the maximum resale price permitted under this section at any time the owner proposes sale.

5. No household shall be permitted to begin occupancy of an inclusionary unit designated for owneroccupancy unless the city or its designee has approved the household’s eligibility. No household shall be permitted to begin occupancy of an inclusionary rental unit unless the city or its designee has approved the household’s eligibility, except that tenants are not required to be income-eligible if the rental cost affordable to low income households is at least ninety percent of the average rent for market rate dwelling units with the same number of bedrooms in the development.

6. As consistent with state and federal law, preferences for rental and ownership inclusionary units shall follow the Local Preference Policy adopted by resolution pursuant SCMC § 24.16.400 et seq.

7. The city council by resolution may establish fees for the ongoing administration and monitoring of the inclusionary units, which fees may be updated periodically, as required.

SECTION 3. This ordinance shall take effect and be in force thirty (30) days after final adoption.

PASSED FOR PUBLICATION this 12th day of May, 2026, by the following vote:

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

NOES: None.

ABSENT: Mayor Keeley.

DISQUALIFIED: None.

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

14.5 ORDINANCE NO. 2026-11
6 PASSED FOR FINAL ADOPTION this 26th day of May, 2026, by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

APPROVED: ______________________________
Fred Keeley, Mayor
ATTEST: _________________________________
Bonnie Bush, City Clerk Administrator
This is to certify that the above and
foregoing document is the original
of Ordinance No. 2026-11 and that
it has been published or posted in
accordance with the Charter of the
City of Santa Cruz.
________________________________
Bonnie Bush, City Clerk Administrator

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

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

May 20, 2026
I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge.

This 20th day of May, 2026, Santa Cruz, California
____________________________
Julia Wood
Deputy City Clerk Administrator
______________
Julia Wood

14.7 DECLARATION OF POSTING

STATE OF CALIFORNIA )
) SS.

COUNTY OF SANTA CRUZ )
On the 20th day of May, 2026, I posted conspicuously in three public places within the City of Santa Cruz, Ordinance No. 2026-11, to wit:

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

2. City Hall: Bulletin Board outside Council Chambers

3. The City of Santa Cruz website
The document, posted in its entirety, consists of pages 1—6.

I declare under penalty of perjury that the foregoing is true and correct. Executed this 20th day of May, 2026, in Santa Cruz, California.
_______________________________
Julia Wood
Deputy City Clerk Administrator
________________
Julia Wood

14.8 City Council

AGENDA REPORT
DATE: 05/05/2026
AGENDA OF: 05/26/2026
DEPARTMENT: City Clerk
SUBJECT: Proposed City Charter Amendments (CC)
LOCATION: Citywide
RECOMMENDATION: Conduct a second public hearing, as required by Government Code Section 34458, to consider proposed amendments to the City Charter.

Motion to direct staff to return to the City Council at the June 23, 2026 meeting with a resolution calling an election to place a measure on the November ballot.

BACKGROUND: The City’s Charter (Charter) was established and approved on March 11, 1876 by the Act to Reincorporate the City of Santa Cruz. Per Government Code 34458, the Council may submit proposed amendments to the Charter to the voters at a Statewide General Election.

DISCUSSION: The City Council (Council) was presented with proposed edits to the Charter during a noticed public hearing at the April 14, 2026 Council meeting. The proposed edits consist of updated language and clarifications and changes necessary to comply with state law.

No additional changes were proposed during the meeting, and Council set a date for the subsequent public hearing.

Outreach
Leading up to the second public hearing, staff conducted outreach by creating a dedicated page on the City’s website providing access to the materials presented at the April 14th meeting and used social media to share information with the public, expanding opportunities to review the proposed edits and submit input to the City Clerk via email. In addition, the Mayor addressed the proposed amendments and the process in the Mayor’s Message published in the Sentinel.

Next steps
At the May 26 public hearing, the City Clerk will present public input received to date. At the conclusion of the hearing, Council may direct the City Clerk to return on June 23 with a resolution calling an election to place the proposed Charter amendment on the November 3, 2026 ballot.

The proposed changes to the Charter are attached.

15.1 CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) DETERMINATION: This action is not a project under the CEQA because it will not “cause 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): The City’s Charter plays an important role in the governance of the City of Santa Cruz and supports the City’s HiAP goals, ranging from promoting civic engagement, sustainability, and transparency.

FISCAL IMPACT:

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

2. This recommendation requires a budget adjustment: No

3. The recommendation creates an on-going expenditure commitment: No FISCAL IMPACT DESCRIPTION: There is no fiscal impact associated with this public hearing, aside from the cost of the public hearing noticing. However, should the Charter Amendment measure be placed on the ballot and subsequently approved by the voters, the estimated cost to prepare and publish the updated Charter on the City’s website for public access would be between $735 and $857.

Prepared By:

Bonnie Bush
City Clerk
Submitted By:

Michelle Templeton
Assistant City Manager
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. SUMMARY OF CHANGES.DOCX

2. CHARTER AMENDMENT - TRACK CHANGES.DOCX

3. CHARTER AMENDMENT - CLEAN.DOCX

15.2 Charter Section Summary of Changes
Table of Contents Format only.

Throughout Apply gender-neutral language.

Section 601 – Council,
Number, Term.

Update subsections (b) and (c). In the event one
candidate receives 50% +1 of the votes at the
Primary election, the language “The term shall
commence ay the date of the City Council meeting
following the election” is no longer accurate.

Section 602. Qualifications Clean up for clarity. Also add specification on residency requirements
Section 603. Salary. Delete specific dollar amount to prevent confusion.

The salaries of Councilmembers and the Mayor are
set by Municipal Code, specifically Chapter 1.18.

Section 604. Presiding Officer
– Mayor.

Update subsection (a) to add “shall.”
Update Section (f) to hold Vice Mayor elections in
December. Council Policy 6.10 will be updated, if
approved.

Section 605. Council
Vacancies
Remove “evening” and language related to
appointment at the next general election.

Section 607. Voting. Change to require roll-call vote.

Section 608. Ordinances. General clean-up for clarification for clarity.

Section 610. Authentication of
Ordinances.

Typo.

Section 613. Publication of
Ordinances.

Clean-up for clarity and update to match legal
requirements.

Section 614. Regular
Meetings.

Change from at least two meetings a month to at
least one to be compliant with the cancellation of the
2 nd meeting in December, as well as any meetings
cancelled due to holidays. Council Policy 6.6 will be
updated, if approved.

Section 616. Place of
Meeting.

Update to provide another source of meeting
(virtual).

Section 617. Quorum.

Proceedings.

Update language – same meaning.

Section 701. General
Municipal Elections.

Update to align with changes made to Section 711 by
Measure E.

Section 711. Two Round
Election System.

Delete subsection (c) as it relates specifically to the 2022 election.

Section 801. Appointment and
Removal
Delete City Clerk, as that position is appointed by the City Manager, not the Council.

15.3 Charter Section Summary of Changes
Section 804. City Manager.

Appointment.

Delete requirement that the City Manager live within
the City, given the conflict with Cal. Const, Art. XI § 10(b).

Section 806. City Manager.

Powers and Duties.

Subsection (a) Delete “No person related to the City
Manager by blood or by marriage shall be eligible for
office or employment in the City;”
This language is very broad and would prohibit even
members of the City Manager’s extended family
(e.g., nieces/nephews/cousins, etc.) from working in
entry level positions that do not report to the City
Manager. A prohibition this broad could be
challenged on discrimination grounds. (See Hope
Internat. University v. Superior Court (2004)119 Cal.

App. 4th 719, 743: “The state civil rights statute
impliedly provides that employers cannot have an a
priori or automatic rule against married coworkers by
stating that employers are allowed to reasonably
regulate … the working of spouses in the same
department” (citing Gov. Code, § 12940, subd.
(a)(3)).)) City staff plans to create an anti-nepotism
policy, which will be better suited to address this
issue.

Section 809. No Interference
Between the Council and City
Manager.

Clean-up language.

Section 813. Director of
Finance. Power and Duties.

Subsection (b): Fix typo.

Subsection (e): Change from monthly to annual.

Section 1002. Creation. Delete requirement to form a board/commission by ordinance.

Section 1427. Professional
Audit.

Update report distribution.

Section 1428. City Property. Update for clarity.

Section 1429. Water System
Inalienability.

Update for clarity.

Section 1431. Voter Approval
for Desalination Projects.

Update for clarity.

Section 1702. Violations. Update to align with Section 812.

15.4 CHARTER
OF THE

CITY OF SANTA CRUZ

AS AMENDED THROUGH CHANGES ADOPTED
AT NOVEMBER 3, 2026 ELECTION

AS AMENDED THROUGH CHANGES ADOPTED
AT JUNE 7, 2022 ELECTION
(Supp. No. 41 – 9/9/2022)

15.5 THIS PAGE INTENTIONALLY LEFT BLANK

15.6 CITY CHARTER

CHARTER

OF THE CITY OF SANTA CRUZ CALIFORNIA

TABLE OF CONTENTS
ARTICLE I. NAME OF CITY
Section 101. Name
ARTICLE II. BOUNDARIES
Section 201. Boundaries
ARTICLE III. SUCCESSION
Section 301. Rights and Liabilities
Section 302. Ordinances Continued in Effect
Section 303. Rights of Officers and Employees Preserved Section 304. Repealed
Section 305. Repealed
Section 306. Repealed
Section 307. Repealed
ARTICLE IV. POWERS OF CITY
Section 401. Powers of City
Section 402. Procedures
ARTICLE V. FORM OF GOVERNMENT
Section 501. Form of Government
ARTICLE VI. ELECTIVE OFFICERS
Section 601. Council, Number, Term
Section 602. Qualifications
Section 603. Salary
Section 604. Presiding Officer – Mayor
Section 605. Council Vacancies
Section 606. Powers of Council
Section 607. Voting
Section 608. Ordinances
Section 609. Repeal or Amendment of Ordinances
Section 610. Authentication of Ordinances
Section 611. Effective Date of Ordinances
Section 612. Emergency Ordinances
Section 613. Publication of Ordinances

15.7 CITY OF SANTA CRUZ
Section 614. Regular Meetings
Section 616. Place of Meeting
Section 617. Quorum. Proceedings
Section 618. Codification of Ordinances
Section 619. Violation of Ordinance. Penalty
ARTICLE VII. ELECTIONS
Section 701. General Municipal Elections
Section 702. Special Municipal Elections
Section 704. Canvass of Returns
Section 705. Procedure for Holding Elections
Section 706. Initiative, Referendum and Recall
Section 707. Mail Ballot Elections
Section 708. Districts
Section 709. Territory Not Specifically Described
Section 710. Voters Signing Nomination Petitions
Section 711. Two Round Election System
ARTICLE VIII. APPOINTIVE OFFICERS
Section 801. Appointment and Removal
Section 802. Other Appointive Officers
Section 804. City Manager. Appointment
Section 805. City Manager Pro-Tem
Section 806. City Manager. Powers And Duties
Section 807. City Manager. Council Table
Section 808. Repealed
Section 809. No Interference Between the Council and City Manager Section 811. City Clerk. Powers and Duties
Section 812. City Attorney. Appointment. Powers and Duties Section 813. Director of Finance. Powers and Duties
ARTICLE IX. TRANSFER OF CITY FUNCTIONS
Section 901. Transfer or Consolidation of Functions
ARTICLE X. APPOINTIVE BOARDS AND COMMISSIONS
Section 1001. General
Section 1002. Creation
Section 1003. Repealed
Section 1004. Appropriations

15.8 CITY CHARTER
ARTICLE XI. CIVIL SERVICE
Section 1101. Merit Principle
Section 1102. Repealed
Section 1103. Repealed
Section 1104. Repealed
Section 1106. Repealed
Section 1108. Repealed
Section 1109. Repealed
Section 1110. Repealed
Section 1111. Repealed
Section 1112. Abolition of Positions. Layoffs
Section 1113. Repealed
Section 1114. Repealed
Section 1116. Repealed
Section 1118. Adoption of Rules and Regulations
Section 1119. Compulsory Arbitration for Fire Department Employee Disputes ARTICLE XII. RETIREMENT
Section 1201. State System
Section 1202. Allowance for Prior Service
ARTICLE XIII. GENERAL PROVISIONS RELATING TO OFFICERS AND EMPLOYEES Section 1301. Official Bonds
Section 1302. Repealed
Section 1303. Repealed
Section 1304. Duties of Officers and Employees
Section 1305. Administering Oaths
Section 1306. Department Heads. Appointment Powers
ARTICLE XIV. FISCAL ADMINISTRATION. BUDGET. TAXES
Section 1401. Fiscal Year
Section 1402. Annual Budget
Section 1403. Adoption of Budget. Annual Tax Levy
Section 1404. Repealed
Section 1406. Bonds
Section 1407. Repealed
Section 1408. Employees’ Retirement System Tax
Section 1409. Disbursement of City Money
Section 1410. Changes in Budget Appropriations
Section 1411. Transfer of Appropriations
Section 1412. Limitation on Expenditures
Section 1413. Lapse of Appropriations
Section 1414. Competitive Bidding
Section 1415. Repealed
Section 1416. Accounting Control of Contracts and Purchases Section 1417. Contracts Based on Bond Issues

15.9 CITY OF SANTA CRUZ
Section 1418. Bonded Debt Limit
Section 1420. Tax Anticipation Notes
Section 1421. Sale of Notes
Section 1422. Payment of Notes
Section 1423. General Reserve Account
Section 1424. Public Service Departments’ Depreciation Funds Section 1425. Departmental Trust Fund
Section 1427. Professional Audit
Section 1428. City Property
Section 1429. Water System Inalienability
Section 1430. Repealed
Section 1431. Voter Approval for Desalination Projects
Section 1432. City of Santa Cruz Children’s Fund
ARTICLE XV. FRANCHISES
Section 1503. Granting of Franchises
Section 1504. Resolution of Intention, Notice and Public Hearing Section 1505. Term of Franchise
Section 1506. Eminent Domain
Section 1507. Duties of Grantee
ARTICLE XVI. REPEALED
ARTICLE XVII. MISCELLANEOUS
Section 1701. Definitions
Section 1702. Violations
Section 1703. Validity

15.10 § 101 CITY CHARTER §
601

15.11 ARTICLE I. NAME OF CITY
SECTION 101. NAME.

The municipal corporation now existing and known as the “City of Santa Cruz” shall remain and continue to exist as a body politic and corporate as at present in name, in fact, and in law.

ARTICLE II. BOUNDARIES
SECTION 201. BOUNDARIES.

The boundaries of the City of Santa Cruz shall continue as now established until changed as authorized by law.

ARTICLE III. SUCCESSION
SECTION 301. RIGHTS AND LIABILITIES.

The City of Santa Cruz as successor in interest of the municipal corporation of the same name, heretofore created and existing shall own, possess, retain and control every right and all property of every kind and nature owned, possessed, retained or controlled prior thereto, subject to all debts, obligations, liabilities and duties of said City at the adoption hereof.

SECTION 302. ORDINANCES CONTINUED IN EFFECT.

All lawful ordinances, resolutions, rules and regulations, or portions thereof, in force at the time this Charter takes effect, and not in conflict or inconsistent herewith, are hereby continued in force until the same shall have been duly repealed, amended, changed or superseded by proper authority.

SECTION 303. RIGHTS OF OFFICERS AND EMPLOYEES PRESERVED.

Nothing in this Charter contained, except as specifically provided, shall affect or impair the civil service, pension and retirement rights or privileges of officers or employees of the City, or of any office, department or agency thereof, existing at the time this Charter takes effect.

SECTION 304. REPEALED. (3-6-79)
SECTION 305. REPEALED. (3-6-79)
SECTION 306. REPEALED. (3-6-79)
SECTION 307. REPEALED. (3-6-79)
ARTICLE IV. POWERS OF CITY
SECTION 401. POWERS OF CITY.

The City shall have the power to make and enforce all laws and regulations in respect to municipal affairs, subject only to such restrictions and limitations as may be provided in this Charter and in the Constitution of the State of California. It shall also have the power to exercise any and all rights, powers and privileges heretofore or hereafter established, granted or prescribed by any law of the State, by this Charter, or by other lawful authority, or which a municipal corporation might or could exercise under the Constitution of the State of California. The enumeration in this Charter of any particular power shall not be held to be exclusive of, or any limitation upon, this general grant of power.

SECTION 402. PROCEDURES.

15.12 The City shall have the power and may act pursuant to procedure established by any law of the State, unless a different procedure is established by ordinance.

ARTICLE V. FORM OF GOVERNMENT
SECTION 501. FORM OF GOVERNMENT.

The municipal government provided by this Charter shall be known as the “CouncilManager” form of government.

ARTICLE VI. ELECTIVE OFFICERS
SECTION 601. COUNCIL, NUMBER, TERM.
(a) The elective officers of this City shall consist of six Councilmembers and a Mayor, each of the members of which, including the Mayor, shall have the right to vote upon all questions before it. The terms “Council”, “City Council”, “legislative body”, or other similar terms as used in this Charter or any other provision of law shall be deemed to refer to the collective body composed of the Mayor and Councilmembers unless such interpretation would be clearly contrary to the intent and context of such other provision.
(b) Candidates for City Council shall be nominated from and by the electors of each of the six districts referred to in Article VII of this Charter. The term of office shall be four years. The term of each City Council member shall commence onthe date of the City Council meeting, following his or her election, at which the council receives the certification of election results from the City Clerk. the date of the second regularly scheduled Council meeting after the November general municipal election.
(c) Candidates for Mayor shall be nominated from and by the electors of the City and elected by the voters of the City at-large. The term of office shall be four years.

The term of Mayor shall commence on the date of the City Council meeting, following his or her election. at which the Council receives the certification of election results from the City Clerk.on the date of the second regularly scheduled Council meeting after the November general municipal election. (d) No member of the Council shall be eligible for re-election, or for election to a different Council district, for two years (i.e. one general election cycle) after the expiration of the second consecutive full term of the office for which such person was elected. However, this prohibition shall not bar (1) a Councilmember elected by-district from running for Mayor immediately after two terms as a Councilmember, or (2) the Mayor from running as a by-district Councilmember immediately after two terms as Mayor. With that said, in no event may any person serve on the Council (as either a Councilmember or the Mayor) for more than sixteen (16) consecutive years. (Amended 6/7/2022 [Ord. 2022-12 § 1]; 3-6-79; 11-2-2004 [Measure M])
SECTION 602. QUALIFICATIONS.
(a) A person shall be eligible to be nominated for, or to hold office as a Mayor, only if such person is a resident and registered qualified voter of this City, and shall have been for at least thirty (30) days preceding nomination or appointment, a resident of the City of Santa Cruz, or of territory annexed thereto.. Should the Mayor, during their term, no longer reside within the City, their seat shall be deemed vacant immediately.
(b) A person shall be eligible to be nominated for, or to hold office as a member of the Council, only if such person is a resident and registered qualified voter of the

15.13 district from which that person has been nominated or appointed, is City, and shall have been for at least thirty (30) days preceding nomination or appointment, a resident of the district from which that person has been nominated or appointed.

Should a Councilmember, during a term with two years or less remaining, no longer reside within the district in which they were elected to but are still within City limits, they may continue to serve the remainder of the term. (Amended 6/7/2022 [Ord. 2022-12 § 1]; 3-6-79)
SECTION 603. SALARY.

The salary of City Councilmembers commencing on January 1, 1999 and continuing thereafter unless adjusted in accordance with this Section shall be $1,000.00 per month. The salary of the Mayor commencing on January 1, 1999 and continuing thereafter unless adjusted in accordance with this Section shall be $2,000.00 per month.

At any municipal election, the question of whether City Councilmembers or the Mayor shall receive compensation for services, and the amount of compensation, may be submitted to the electors. If a majority of electors voting at the election favor it, all of the Councilmembers and the Mayor shall receive the compensation specified in the election call. Compensation of Councilmembers and the Mayor may be increased beyond the amount provided in this Section or decreased below the amount in the same manner.

Compensation of Councilmembers and the Mayor is set by the Municipal Code and may be increased beyond the amount provided in this Section by an ordinance enacted by the City Council or by an amendment to an ordinance enacted by the City Council but the amount of the increase may not exceed an amount equal to five (5%) percent for each calendar year from the operative date of the last adjustment of the salary in effect when the ordinance or amendment is enacted. No salary ordinance shall be enacted or amended by the City Council which provides for automatic future increases in salary.

Any amounts paid by the City for retirement, health and welfare, and Federal Social Security benefits shall not be included for purposes of the determining salary under this Section provided the same benefits are available and paid by the City for its employees. (Amended 11-3-81; 11-4-86; 11-3-98)
SECTION 604. PRESIDING OFFICER – MAYOR.
(a) The Mayor shall be elected at-large, shall preside at the meetings of the Council, shall be a voting member of the Council, shall have a voice and vote in all Council proceedings, and shall be recognized as the titular head of the City government for all ceremonial purposes and by the Governor for purposes of military law but shall have no regular administrative duties.
(b) The Mayor shall have the discretion to set City Council agendas and to change the order of business on the agendas provided, however, that an item may be added to a future City Council agenda at the direction of three members of the City Council.
(c) The Mayor shall have the primary but not exclusive responsibility for interpreting the policies, programs, and needs of the City government to the people, and, as occasion requires, the Mayor may inform the people of any change in policy or program.
(d) The Mayor shall perform such other duties consistent with the office as may be prescribed by this Charter or as may be imposed by the City Council.

15.14 (e) The City shall maintain a “Council-Manager” form of government, and the Mayor possesses only such authority over the City Manager and the administrative branch as he or shethey possesses as one member of the Council. (f) The Council shall elect a Vice-Mayor, who shall serve in such capacity at the pleasure of the City Council. The Vice-Mayor shall perform the duties of the Mayor during the Mayor's absence or disability. The Vice-Mayor shall be elected by the Council at the regular meeting in December. the second meeting in November in each non-election year, and at the first regularly or specially scheduled evening Council meeting following the County election official’s certification of the general municipal election results in each election year. The Mayor and Vice-Mayor so elected shall serve until their a successors haves been elected. Nothing herein shall prevent a Councilmember from serving consecutive terms as Vice-Mayor. (Amended 6/7/2022 [Ord. 2022-12 § 1]; 3-6-79; 11-4-86; 11-6-90; 11-8-16 [Measure G])
SECTION 605. COUNCIL VACANCIES.

A councilmember vacancy from whatever cause arising, shall be filled by appointment by the City Council, or by special election called by the Council.

If a vacancy is filled by appointment, the appointee shall be a qualified person from the district in which the vacancy has occurred and shall hold office until the second regularly scheduled evening meeting following the next municipal election and until a successor is elected and takes the oath of office. At the next general municipal electionDuring the next election cycle following any vacancy, a Councilmember shall be elected to serve for the remainder of any unexpired term. If a vacancy is filled by special election, the person receiving the highest number of votes in the subject district shall, upon taking the oath of office, serve for the remainder of the unexpired term of the former incumbent and until a successor has been elected and takes the oath of office.

In the event a vacancy has not been filled by appointment or an election called within sixty (60) days after such office shall have been declared vacant, the Council shall forthwith call an election to fill such vacancy.

A vacancy in the office of Mayor from whatever cause arising, shall be filled for the remainder of the unexpired term by a special election called by the City Council to be held not less than 88 days nor more than 103 days after the effective date of the vacancy, except the special election may be conducted within 180 days of the effective date of the vacancy in order to consolidate with the City's general municipal election.

An election shall not be ordered, and the office of Mayor shall remain vacant, if the term expires within the timeframe for holding a special election.

A City Council or Mayoral office shall become vacant and shall be so declared by the Council if a person elected or appointed fails to take the oath of office within sixty (60) days after the election or appointment, is absent from all regular meetings of the Council for sixty (60) days unless expressly permitted by the City Council in its official minutes, ceases to be an elector of the City, or is convicted of a crime involving moral turpitude. (Amended 6/7/2022 [Ord. 2022-12 § 1]; 3-6-79; 11-3-92) SECTION 606. POWERS OF COUNCIL.

All powers of the City shall be vested in the City Council, subject to the provisions of this Charter and to the Constitution of the State of California.

SECTION 607. VOTING.

15.15 The Council shall pass ordinances and adopt resolutions by ayes and noes, entered upon its minutes, and a roll-call vote shall may be had upon any order or motion on demand of any member. All members present at any meeting must vote unless disqualified, in which case the disqualification shall be publicly declared and a record thereof made.

SECTION 608. ORDINANCES.

The enacting clause of every ordinance shall be: “Be it ordained by the City of Santa Cruz as follows:”.

No ordinance, except an emergency ordinance,- or an ordinance that which takes effect upon adoption referred to in this article, - shall be finally adopted by the Council on the day of its introduction, nor within five (5) days thereafter, nor at any time meeting other than a regular meeting, nor until its been published publication as required in this Charter. If any ordinance is altered after its introduction, except for the correction of typographical or clerical errors, the ordinance shall require a further reading not less In the event that any ordinance is altered after its introduction, the same shall not be finally adopted except at a regular meeting held not less than five (5) days after such alteration. the date upon which said ordinance was so altered. The correction of typographical or clerical errors shall not constitute the making of an alteration within the meaning of the foregoing sentence.

SECTION 609. REPEAL OR AMENDMENT OF ORDINANCES.

No ordinance or portion thereof shall be repealed except by ordinance. No ordinance shall be revised, re-enacted, or amended by reference to its title only; but the ordinance to be revised or re-enacted, or the Section or Sections thereof to be amended, or the new Section or Sections to be added thereto, shall be set forth and adopted according to the method provided in this Section for the enactment of ordinances, and such revision, re-enactment, amendment or addition, shall be done by ordinance only.

SECTION 610. AUTHENTICATION OF ORDINANCES.

All ordinances shall be signed by the Mayor and attested by and filed with the City Clerk. Each ordinance shall be headed with a brief title which shall be indicative of the purportse thereof. Ordinances shall be numbered consecutively when adopted.

SECTION 611. EFFECTIVE DATE OF ORDINANCES.

No ordinance shall become effective until thirty days from and after the date of its adoption, except the following, which shall take effect upon adoption:
(a) An ordinance calling or otherwise relating to an election; (b) An improvement proceeding ordinance adopted under some law, or procedural ordinance;
(c) An ordinance declaring the amount of money necessary to be raised by taxation, or fixing the rate of taxation; or
(d) An emergency ordinance adopted in the manner herein provided.

SECTION 612. EMERGENCY ORDINANCES.

Any ordinance declared by the City Council to be necessary as an emergency measure for preserving the public peace, health, safety or property, and containing a statement of the reasons for its urgency, may be introduced and adopted at one and the same meeting if passed by at least five (5) affirmative votes.

15.16 SECTION 613. PUBLICATION OF ORDINANCES.

The City Clerk shall post and publish an ordinance summary that consists of the title, a short summary of contents, the date of introduction, the vote taken, and a list of the places where the proposed ordinance is posted. cause Eeach ordinance summaryproposed ordinance, other than an emergency ordinance or an ordinance which takes effect upon adoption, shall to be published at least once in a newspaper of general circulation at least three (3) days before its adoption; or, as an alternative method of publication, the Council may order copies of any proposed ordinance to be posted at least three (3) days prior to its adoption in three (3) prominent places in the City, one of which may be the City’s Internet web page, and cause a single publishedcation in a newspaper of general circulation of a notice .setting forth the title of the ordinance, a short statement of its contents, the date of its introduction and a list of the places where copies of the proposed ordinance are posted.

The City Clerk shall cause each emergency ordinance or ordinance which takes effect upon adoption to be published at least once in a newspaper of general circulation within fifteen (15) days after its adoption. (Amended 3-6-79; 11-2-2004 [Measure N]) SECTION 614. REGULAR MEETINGS.

The City Council shall hold at least one regular meetings at least twice each month, except in the month of July. The regular meeting dates shall be established annually by resolution of the City Council. at such times as it shall fix by ordinance or resolution and may adjourn or readjourn any regular meeting to a date certain, which shall be specified in the order of adjournment and when so adjourned, each adjourned meeting shall be a regular meeting for all purposes.

SECTION 616. PLACE OF MEETING.

All meetings shall be held in the Council Chambers of the City Hall, except when, by reason of special circumstances, the Council, Mayor or City Manager determines that the public interest will best be served by holding a meeting elsewhere within the City.

If, by reason of fire, flood or other emergency, it shall would be unsafe to meet in the place designated, the meetings may be held for the duration of the emergency virtually remotely (to the extent permitted by state law), or at such place as is designated by the Mayor or City Manager, or, if the Mayor or City Manager should fail to act, by four members of the City Council. (Amended 11-3-81; 11-8-94) SECTION 617. QUORUM. PROCEEDINGS.

Four members of the City Council shall constitute a quorum to do business, but a less number may adjourn from time to time. The City Council shall judge the qualifications of its members as set forth by the Charter and shall judge all election returns. Each member of the City Council shall have the power to administer oaths and affirmations in any investigation or proceeding pending before the City Council.

The City Council may establish rules for the conduct of its proceedings and may impose appropriate penalties onpunish any member or other person for disorderly conduct at any meeting.

It shall have the power and authority to compel the attendance of witnesses, to examine them under oath, and to compel the production of evidence before it.

Subpoenas may be issued in the name of the City and be attested by the City Clerk.

Disobedience of such subpoena, or the refusal to testify (other than upon constitutional grounds) shall constitute a misdemeanor.

SECTION 618. CODIFICATION OF ORDINANCES.

Any and all ordinances of the City which have been enacted and published in the manner required at the time of their adoption, and which have not been repealed, may

15.17 be compiled, consolidated, revised, indexed, and arranged as a comprehensive ordinance code, and such code may be adopted by reference by the passage of an ordinance for such purpose. Such code need not be published in the manner required for other ordinances, but not less than three copies thereof shall be filed, for use and examination by the public, in the office of the City Clerk, at least five days prior to the adoption thereof. Subsequent amendments to Sections of the code shall be enacted in the same manner as herein required for the amendment of ordinances generally.

Detailed regulations pertaining to any subject, such as the construction of buildings, plumbing, electrical construction or other subjects which require extensive regulations, after having been arranged as a comprehensive code, may likewise be adopted en masse or substantially so by reference in the manner herein-above provided.

SECTION 619. VIOLATION OF ORDINANCE. PENALTY.

A violation of any ordinance of the City shall constitute either a misdemeanor or an infraction, either of which may be prosecuted in the name of the people of the State of California, or may be redressed by civil action. The Council shall specify any violation of ordinances which are to constitute misdemeanors, and all other violations shall constitute infractions. The Council may, by ordinance, establish a minimum fine and/or a maximum fine or penalty for any violation of a City ordinance, provided, however, that in the absence of such an ordinance, the maximum fine or penalty shall be that established by the general laws of the State of California for misdemeanors or infractions, respectively. (Amended 3-6-79; 11-4-86)
ARTICLE VII. ELECTIONS
SECTION 701. GENERAL MUNICIPAL ELECTIONS.

General municipal elections shall be called in the event of 1) measures to be voted on and/or 2) that no one candidate is elected to any office after the first round of elections.

The two candidates receiving the highest number of votes for such office shall be the candidates, and the only candidates, whose names shall be printed upon ballots to be issued at the second or General Municipal Election. The candidate receiving the highest number of votes cast for all candidates for that office shall be declared elected. for the filling of
elective offices and for such other purposes as the Council may prescribe, shall be held in the City of Santa Cruz on the first Tuesday after the first Monday in November in each even-numbered year. Members of the City Council shall serve for a term of four (4) years commencing on the date of the second regularly scheduled Council meeting after the general municipal election. Any ties in voting shall be settled by the casting of lots. (Amended 3-6-79; 11-4-86; 11-6-90)
SECTION 702. SPECIAL MUNICIPAL ELECTIONS.

All other municipal elections that may be held by authority of this Charter, or of any law, shall be known as special municipal elections.

SECTION 704. CANVASS OF RETURNS.

At its second regularly scheduled evening meeting after any municipal election, the Council of this City, at its usual meeting place, shall convene to duly canvass the returns of the municipal election, declare the results thereof, and install the newly elected officers. (Amended 11-6-90)
SECTION 705. PROCEDURE FOR HOLDING ELECTIONS.

Unless otherwise provided by ordinance hereafter enacted, all elections shall be held in accordance with the provisions of the Elections Code of the State of California, as the same now exist or may hereafter be amended, for the holding of elections in general law cities insofar as the same are not in conflict with this Charter.

15.18 SECTION 706. INITIATIVE, REFERENDUM AND RECALL.

Unless otherwise provided by ordinance hereafter enacted, the provisions of the Elections Code of the State of California as the same now exist or may hereafter be amended, governing the initiative, referendum and the recall of municipal officers, shall apply in the City insofar as such provisions of the Elections Code are not in conflict with this Charter.

SECTION 707. MAIL BALLOT ELECTIONS.

Any local, special, or consolidated election may be conducted wholly by mail provided that the City Council adopts a resolution authorizing the use of mailed ballots for the election; the election does not occur on the same date as a statewide direct primary election or statewide general election, and that it be conducted in accordance with the mail ballot election procedures set forth in the Elections Code of the State of California. (Added 11-2-2004 [Measure L])
SECTION 708. DISTRICTS.

The City shall be divided into six districts, the names and respective boundaries of which shall be as established by ordinance.

Following the national census and each tenth year thereafter the City Council may appoint a committee to study and report to the City Council on the advisability of redistricting the City. Upon receipt of any such committee report, and at any other time deemed necessary or desirable in order that the district boundaries be fair and logical, the City Council may by ordinance change and/or redefine the boundaries of any or all of the six districts herein established. The boundaries so defined shall be established in such manner that the districts shall, as nearly as practicable, constitute natural areas of contiguous and compact territory and provide fair representation on the City Council. Notwithstanding the provisions of Section 602, no redistricting shall disqualify any Councilmember from serving the remainder of his or hertheir term, if elected, or until the next general municipal election, if appointed. Any territory hereafter annexed to or consolidated with the City shall, at the time of such annexation or consolidation, be added by ordinance of the City Council to an adjacent district or districts. (Added 6/7/2022 [Ord. 2022-12 § 2])
SECTION 709. TERRITORY NOT SPECIFICALLY DESCRIBED.

Any territory constituting a part of the City and not specifically included in any district shall be deemed included in the district with which it has the longest common boundary line. If there is no common boundary line with any district, then such territory shall be deemed included in the nearest district to it. (Added 6/7/2022 [Ord. 2022-12 § 2])
SECTION 710. VOTERS SIGNING NOMINATION PETITIONS.

The voters signing any petition for the nomination of any person to the office of Councilmember shall be residents and registered voters of the district from which such person is to be nominated. The voters signing any petition for the nomination of any person to the office of Mayor shall be residents and registered voters of the City. (Added 6/7/2022 [Ord. 2022-12 § 2])
SECTION 711. TWO ROUND ELECTION SYSTEM.
(a) The Mayor and the by-district Councilmembers shall be elected using a Two Round Election System, also known as runoff voting. At the first round of elections, any candidate receiving a majority of the vote cast (i.e., 50% + 1) for all candidates for that office shall be declared elected.
(b) If, after the first round of elections, there is any office to which no person was

15.19 elected, then the two candidates for such office receiving the highest number of votes for such office shall be the candidates, and the only candidates, for such office whose names shall be printed upon ballots to be issued at the second or General Municipal Election; provided that, in any event, all persons receiving a number of votes equal to the highest or second highest number of votes received by any candidate shall also be candidates at such second election. The candidate receiving the highest number of votes cast for all candidates for that office at the second or General Municipal Election shall be declared elected. (c) For purposes of the election of a Mayor and Councilmembers in the year 2022, for timing reasons, only one round of elections will be held (i.e., the General Municipal Election on November 8, 2022), and the winner of said election shall be the candidate who receives the most votes from eligible voters in that election. (d)(c) Whenever practical, the first round of elections shall occur on the date of and be consolidated with the Statewide Primary Election. (de) The Council may, by ordinance, establish administrative rules and procedures for the City’s Two Round Election System that are not inconsistent with this Section. (Added 6/7/2022 [Ord. 2022-12 § 2])
ARTICLE VIII. APPOINTIVE OFFICERS
SECTION 801. APPOINTMENT AND REMOVAL.

The City Manager, City Clerk, and City Attorney shall be appointed by and may be removed by the affirmative votes of at least four (4) members of the Council, provided however that no such officer may be removed within sixty (60) days prior to, or within ninety (90) days following a general municipal election except by the affirmative votes of at least five (5) members of the Council. Except as otherwise provided in this Charter, and subject to the provisions of Article XI, all other officers and department heads of the City shall be appointed by the City Manager and shall serve at the pleasure of the City Manager. (Amended 11-4-86; 11-6-90) SECTION 802. OTHER APPOINTIVE OFFICERS.

The City Council may provide by ordinance for the creation, continuation or abolishment of other City Offices and departments upon recommendation of the City Manager. Each department so created or continued shall be headed by an officer, as department head, who shall be appointed by the City Manager. The positions of such department heads shall not be included in the classified service. (Amended 11-4-86) SECTION 804. CITY MANAGER. APPOINTMENT.

The City Manager shall be appointed upon the basis of executive and administrative qualifications. The City Manager need not be a resident of the City or of this State at the time of appointment, but shall become and thereafter remain a bona fide resident of this City promptly after appointment. The City Manager shall be paid a salary commensurate with the responsibilities of chief administrative officer of the City. No Councilmember shall receive such appointment during the term for which such member shall have been elected, nor within one year after the expiration of such term.

Within ninety (90) days after the election of the first Council hereunder, the Council shall appoint a City Manager.

SECTION 805. CITY MANAGER PRO-TEM.

The City Manager shall appoint, subject to the approval of the Council, one of the other officers of the City to serve as City Manager Pro­Tem during any temporary absence or disability of the City Manager. The Council may revoke its approval at any time and appoint another officer of the City to serve until the Manager shall return or

15.20 such disability shall cease. The City Manager Pro-Tem shall have no authority to appoint or remove any City officer or employee except with the formal approval of the Council.

SECTION 806. CITY MANAGER. POWERS AND DUTIES.

The City Manager shall be the chief executive officer and the head of the administrative branch of the City government, shall be responsible to the City Council for the proper administration of all affairs of the City, and shall have the power and be required to:
(a) Appoint and remove, subject to the Civil Service provisions of this Charter, and the ordinances, rules and regulations promulgated thereunder, all department heads of the City except as otherwise provided by this Charter, and pass upon and approve all proposed appointments and removals of subordinate employees by department heads. No person related to the City Manager by blood or by marriage shall be eligible for office or employment in the City (b) Prepare the budget annually and submit it to the City Council and be responsible for its administration after adoption;
(c) Prepare and submit to the City Council as of the end of the fiscal year, a complete report on the finances and administrative activities of the City for the preceding year;
(d) Keep the City Council advised of the financial condition and future needs of the City and make such recommendations as may seem desirable; (e) See that all ordinances are enforced;
(f) See that the provisions of all franchises, permits and privileges granted by the City are fully observed, and to report to the Council any violation thereof; (g) Exercise general supervision over all privately owned public utilities operating within the City;
(h) Prepare rules and regulations governing the contracting for, purchasing, inspection, storing, inventory, distribution or disposal of all supplies, materials and equipment required by any office, department or agency or the City government and recommend them to the Council for adoption by ordinance; (i) Examine, or cause to be examined, without notice, the conduct of any officer or employee of the City;
(j) Act, personally or through a designee, as Personnel Director in the Personnel Director's absence;
(k) From time to time, in order to facilitate the prompt, economical and efficient dispatch of City business, assign officers and employees from any department or office to perform such duties or services in connection with any other department or office or to work in more than one such department or office; (l) Perform such other duties as may be prescribed by this Charter or required by the City Council, not inconsistent with this Charter. (Amended 3-6-87; 11-6-90) SECTION 807. CITY MANAGER. COUNCIL TABLE.

The City Manager shall be accorded a seat with the City Council and shall be entitled

15.21 to participate in the deliberations of the City Council, but shall not have a vote.

SECTION 808. REPEALED.

SECTION 809. NO INTERFERENCE BETWEEN THE COUNCIL AND CITY

MANAGER
Neither the Council, nor any member, shall direct or request the appointment or removal of any person to, or from office by the City Manager or by any other appointing officer, or in any manner take part in the appointment or removal of an officer or employee in the administrative service of the City. Except for the purpose of inquiry, the Council and its members shall deal with the administrative services solelytsolely through the City Manager, and neither the Council nor any member thereof shall give orders to any City officer, either publicly or privately. Any member of the Council Councilmember who violates this provision, or votes for a resolution or ordinance in violation hereof, shall be guilty of a misdemeanor and upon conviction thereof shall cease to be a Councilmemberno longer serve as a member of the Council.

SECTION 811. CITY CLERK. POWERS AND DUTIES.

The City Clerk shall be the Clerk of the Council, and shall have the power and be required to:
(a) Attend all meetings of the City Council and record and maintain a full and true record of all of the proceedings of the City Council in files that shall bear appropriate titles and be devoted to such purpose. The City Clerk shall maintain a general index sufficiently comprehensive to enable a person readily to ascertain matters contained therein;
(b) Maintain ordinance and resolution files, into which shall be recorded all City ordinances and resolutions with the certificate of the Clerk annexed to each thereof stating the same to be the original or a correct copy, giving the number of said ordinance or resolution and, as to an ordinance requiring publication, stating that the same has been published or posted in accordance with this Charter;
(c) Be the custodian of the seal of the City;
(d) Administer oaths or affirmations, take affidavits and depositions pertaining to the affairs and business of the City and certify copies of official records; (e) Attend to the publication of all ordinances and all public notices when so directed by the Council or City Manager;
(f) Have charge of all City elections;
(g)Perform such other duties as required by law, ordinance, or direction of the City Manager. (Amended 3-6-79; 11-3-81; 11-2-2004 [Measure O] SECTION 812. CITY ATTORNEY. APPOINTMENT. POWERS AND DUTIES.

The City Attorney shall be a citizen of the United States admitted to the practice of law in all the courts of this State.

The City Attorney shall have the power and be required to:
(a) Represent and advise the City Council and all City officers, commissions or boards or departments in all matters pertaining to their office;

15.22 (b) Represent and appear for the City and any officer or employee, in any and all actions and proceedings in which the City or any officer or employee, in or by reason of their official capacity, is concerned or is a party, but the City Council shall have control of all legal business and proceedings and may employ other attorneys to take charge of any litigation or matter or to assist the City Attorney therein;
(c) Attend all meetings of the City Council and give legal advice or opinions in writing whenever requested to do so by the City Council, or by any of the boards or officers of the City;
(d) Approve the form of all bonds given to and all contracts made by the City, endorsing such approval thereon in writing;
(e) Prepare any and all proposed ordinances or resolutions for the City and amendments thereto;
(f) Prosecute, on behalf of the people, all criminal cases for violation of this Charter or of City ordinances;
(g) Perform such other acts relating to the office as the Council shall require; and (h) On vacating the office, surrender all books, papers, files and documents pertaining to the City's affairs. (Amended 3-6-79)
SECTION 813. DIRECTOR OF FINANCE. POWERS AND DUTIES.*
There shall be a Department of Finance, the head of which shall be Director of Finance. Except as otherwise provided in this Charter, the Director of Finance shall have charge of the administration of the financial affairs of the City; and shall have the power and be required to:
(a) Compile the budget expense and revenue estimates for the City Manager; (b) Supervise and be responsible for the disbursement of all public moneys and have control over all expenditures to ensureinsure that budget appropriations are not exceeded;
(c) Maintain a general accounting system for the City government and each of its departments, offices and agencies; keep books for and prescribe the financial forms to be used by each department, office, and agency; keep separate accounts for each item of the appropriations in the City budget, each of which accounts shall show the amount of the appropriation, the amount paid therefrom, the unpaid obligations against it, and the unencumbered balance; require reports of receipts and disbursements from each receiving and disbursing agency of the City government to be made daily or at such other intervals as may be deemed expedient; prepare for the City Manager in July of each year a complete financial statement and report as of the end of the preceding fiscal year;
(d) Require and supervise keeping of current inventories of all property, real and personal, by the respective officers in charge thereof and periodically audit the same;
(e) Submit annually to the City Council through the City Manager, a complete financial statement and report as of the end of each fiscal year that includes a statement of all receipts and disbursements in sufficient detail to show the exact financial condition of the Citya monthly statement of all receipts and

15.23 disbursements in sufficient detail to show the exact financial condition of the City; and, as of the end of each fiscal year, submit a complete financial statement and report;
(f) Collect all taxes, assessments, utility charges, license fees, and receive and have custody of all moneys receivable by the City from any source; (g) Deposit all moneys received in such depositories as may be designated by resolution of the City Council or, if no resolution be adopted, by the City Manager, and in compliance with all of the provisions of the State Constitution and laws of the State governing the handling, depositing and securing of public funds;
(h) Disburse moneys on demands properly audited in a manner provided for in this Charter;
(i) Audit and approve before payment, all bills, invoices, payrolls, demands or charges against the City government, and, with the advice of the City Attorney, determine the regularity, legality, and correctness of such claims, demands or charges;
(j) Perform such other duties as are required by law, or ordinance, or direction of the City Manager. (Amended 3-6-79)
* Additional duties added by Ord. 740 as follows:

City Treasurer Functions. The Director of Finance of City shall act as treasurer under any law or proceedings under which the City may act, which requires certain duties to be performed by a City Treasurer; Director of Finance; Additional Duties. In addition to the duties prescribed by Section 813 of the Charter of the City of Santa Cruz, the Director of Finance shall have the power and be required to:
(a) Submit to the City Council a statement, quarterly, or more frequently if requested, in sufficient detail to show that expenditures under his control are within the budget appropriations; (b) Submit to the City Council, along with the statement mentioned in subparagraph (a) above, a report verifying that all expenditures have been audited and approved in the manner required by Section 813 of the Charter of the City of Santa Cruz.

ARTICLE IX. TRANSFER OF CITY FUNCTIONS
SECTION 901. TRANSFER OR CONSOLIDATION OF FUNCTIONS.

The Council may transfer or consolidate functions of the City government to or with appropriate functions of the State or County government, or may make use of such functions of the State or County government, and in case of any such transfer or consolidation the provisions of the Charter providing for the function of the City government so transferred or consolidated shall be deemed suspended during the continuance of such transfer or consolidation to the extent that such suspension is made necessary or convenient and is set forth in the ordinance or resolution establishing such transfer or consolidation. Any such transfer or consolidation may be repealed in like manner.

ARTICLE X. APPOINTIVE BOARDS AND COMMISSIONS
SECTION 1001. GENERAL.

15.24 The City Council shall have the power to establish such boards and commissions as shall be necessary for the effective accomplishment of municipal business. (Amended 11-4-86)
SECTION 1002. CREATION.

The boards or commissions provided for herein shall be established by charter, ordinance, resolution, or formal action of the City Council. The Council The ordinance creating any board or commission shall set forth itsthe powers and duties of boards and commissions and shall establish the number, manner of appointment, and term of office of the members of the board or commission, provided, however, that the term of office shall not exceed four (4) years. (Amended 11-4-86) SECTION 1003. REPEALED.
(Amended 11-4-86; Repealed 11-6-90)
SECTION 1004. APPROPRIATIONS.

The City shall include in its annual budget appropriations of sufficient funds for the efficient and proper functioning of the boards and commissions created pursuant to this article. (Amended 11-4-86)
ARTICLE XI. CIVIL SERVICE
SECTION 1101. MERIT PRINCIPLE.

Appointments and promotions of City Employees shall be made according to merit and fitness, to be ascertained, as far as practicable, by competitive examination.

SECTION 1113. REPEALED. (11-6-90)
SECTION 1102. REPEALED. (3-6-79)
SECTION 1103. REPEALED. (11-6-90)
SECTION 1104. REPEALED.
(Amended 11-4-86; Repealed 11-6-90)
SECTION 1106. REPEALED.
(Amended 3-6-79; Repealed 11-6-90)
SECTION 1108. REPEALED. (11-6-90)
SECTION 1109. REPEALED. (11-6-90)
SECTION 1110. REPEALED.
(Added 11-3-92; Repealed 11-3-98)
SECTION 1111. REPEALED.
(Amended 3-6-79; Repealed 11-6-90)
SECTION 1112. ABOLITION OF POSITIONS. LAYOFFS.

Whenever it becomes necessary, in the opinion of the City Council, to abolish an office or position, or to reduce the number of officers or employees in a given class in the Classified Service and to discharge the officer or officers, employee or employees holding such position or positions for economy reasons or any similar cause, the City Council may do so by stating in its proceedings its reasons therefor. Should such office or position or positions be reinstated or any office or position or positions involving substantially the same duties be created or filled within one year, the officer or officers,

15.25 employee or employees discharged shall be appointed thereto.

All layoffs shall be governed by seniority in service and shall be in the reverse order of employment. Reemployment shall be in the reverse order of the layoffs.

SECTION 1114. REPEALED. (11-6-90)
SECTION 1116. REPEALED. (11-6-90)
SECTION 1118. ADOPTION OF RULES AND REGULATIONS.

The Civil Service System provided for by this article shall be implemented by such rules and regulations governing the administration thereof as are adopted by the Council. (Amended 11-6-90)
SECTION 1119. COMPULSORY ARBITRATION FOR FIRE DEPARTMENT EMPLOYEE DISPUTES.

It is hereby declared to be the policy of the City of Santa Cruz that strikes by firefighters are not in the public interest and should be prohibited, and that a method should be adopted for peacefully and equitably resolving disputes that might otherwise lead to such strikes.

If any firefighter employed by the City of Santa Cruz willfully engages in a strike against the City, said employee shall be dismissed from his or hertheir employment and may not be reinstated or returned to City employment except as a new employee. No officer, board, council or commission shall have the power to grant amnesty to any employee charged with engaging in a strike against the City.

The City, through its duly authorized representatives, shall negotiate in good faith with the recognized fire department employee organization on all matters relating to the wages, hours, and other terms and conditions of City employment, including the establishment of procedures for the resolution of grievances submitted by either employee organization over the interpretation or application of any negotiated agreement including a provision for binding arbitration of those grievances. Unless and until agreement is reached through negotiations between the City and the recognized employee organization for the fire department or a determination is made through the arbitration procedure hereinafter provided, no existing benefit or condition of employment for the members of the fire department bargaining unit shall be eliminated or changed.

All disputes or controversies pertaining to wages, hours, or terms and conditions of employment which remain unresolved after good faith negotiations between the City and the fire department employee organization shall be submitted to a three-member Board of Arbitrators upon the declaration of an impasse by the City or by the recognized employee organization involved in the dispute.

Representatives designated by the City and representatives of the recognized employee organization involved in the dispute, controversy or grievance shall each select one arbitrator to the Board of Arbitrators within three (3) days after either party has notified the other, in writing, that it desires to proceed to arbitration. The third member of the Arbitration Board shall be selected by agreement between the two arbitrators selected by the City and the employee organization, and shall serve as the neutral arbitrator and Chairman of the Board. In the event that the arbitrators selected by the City and the employee organization cannot agree upon the selection of the third arbitrator within ten (10) days from the date that either party has notified the other that it has declared an impasse, then either party may request the State of California Conciliation Service to provide a list of seven (7) persons who are qualified and

15.26 experienced as labor arbitrators. If the arbitrators selected by the City and the employee organization cannot agree within three (3) days after receipt of such lists on one of seven (7) to act as the third arbitrator, they shall alternatively strike names from the list of nominees until only one name remains and that person shall then be­ come the third arbitrator and chairman of the Arbitration Board.

Any arbitration convened pursuant to this section shall be conducted in conformance with, subject, and governed by Title 9 of Part 3 of the California Code of Civil Procedure.

At the conclusion of the arbitration hearings, the Arbitration Board shall direct each of the parties to submit, within such time limit as the Board may establish, a last offer of settlement on each of the issues in dispute. The Arbitration Board shall decide each issue by majority vote by selecting whichever last offer of settlement on that issue it finds most nearly conforms with those factors traditionally taken into consideration in the determination of wages, hours, and other terms and conditions of public and private employment, including, but not limited to, changes in average consumer price index for goods and services, the wages, hours, and other terms and conditions of employment of other employees performing similar services, and the financial condition of the City and its ability to meet the cost of the award.

After reaching a decision, the Arbitration Board shall mail or otherwise deliver a true copy of its decision to the parties. The decision of the Arbitration Board shall not be disclosed and shall not be binding until ten (10) days after it is delivered to the parties.

During that ten-day period the parties may meet privately, attempt to resolve their differences, and by mutual agreement amend or modify any of the decisions of the Arbitration Board. At the conclusion of the ten-day period, which may be extended by mutual agreement be­ tween parties, the decision of the Arbitration Board together with any amendments or modifications agreed to by the parties shall be dis­ closed and shall be binding upon the parties. The City and the recognized employee organization shall take whatever action is necessary to carry out and effectuate the award.

The expenses of any arbitration convened pursuant to this section, including the fee for the services of the Chairman of the Arbitration Board, shall be borne equally by the parties. All other expenses which the parties may incur individually are to be borne by the party incurring such expense.

This section does not apply to members of the Fire Department's Fire Management bargaining unit. (Added 3-26-96)
ARTICLE XIL. RETIREMENT
SECTION 1201. STATE SYSTEM.

The "Public Employees' Retirement System" (PERS), as it now exists or may hereafter be amended in the California Government Code, is hereby adopted for the City of Santa Cruz, and plenary authority and power are hereby vested in said City, its City Council and its several officers, agents and employees to do and perform any act, or exercise any authority granted, permitted, or required under the provisions of said Public Employees' Retirement System to enable said City to become or continue as a contracting City participating in the Public Employees' Retirement System; provided, however, that the City Council may terminate any contract entered into with the Board of Directors of the Public Employees' Retirement System only under authority granted

15.27 by ordinance adopted by a majority vote of the electors of the City of Santa Cruz, voting on such proposition at an election at which such proposal is presented. (Amended 11-6-90)
SECTION 1202. ALLOWANCE FOR PRIOR SERVICE.

The provision heretofore made for death benefits and disability benefits for officers and employees within the retirement system for service prior to the effective date of the adoption of the employees' retirement system are hereby continued in effect.

ARTICLE XM. GENERAL PROVISIONS RELATING TO

OFFICERS AND EMPLOYEES
SECTION 1301. OFFICIAL BONDS.

The City Council shall fix by ordinance the amounts and terms of the official bonds of all officers or employees who are required by this Charter or by ordinance to give such bonds. All bonds shall be approved as to form by the City Attorney, and, with the exception of the bond of the City Clerk, shall be filed with the City Clerk. The Clerk's bond shall be filed with the City Manager. Premiums on official bonds shall be paid by the City.

In all cases wherein an employee of the City is required to furnish a faithful performance bond, there shall be no personal liability upon, or any right to recover against, the employee's superior officer or other officer or employee, or the bond of the latter unless such superior officer, or other officer or employee is a party to, or has conspired in the wrongful act causing directly or indirectly such loss. (Amended 11-3- 81)
SECTION 1302. REPEALED. (3-6-79)
SECTION 1303. REPEALED. (3-6-79)
SECTION 1304. DUTIES OF OFFICERS AND EMPLOYEES.

The City Council, by ordinance, may assign additional functions or duties to offices, departments or agencies established by this Charter, but may not discontinue or assign to any other office, department or agency any function or duty assigned by this Charter to a particular office, department or agency.

SECTION 1305. ADMINISTERING OATHS.

Each department head and deputy shall have the power to administer oaths and affirmations in connection with any official business pertaining to that department. (Amended 3-6-79)
SECTION 1306. DEPARTMENT HEADS. APPOINTMENT POWERS.

Each department head shall have the power to appoint and remove such deputies, assistants, subordinates and employees as are provided for by the City Council for that department upon the following conditions:
(a) Subject to the Civil Service Provisions of this Charter and the ordinances, rules and regulations promulgated thereunder; and
(b) Subject to approval of the City Manager being first had and received. (Amended 3-6-79; 11-6-90)
ARTICLE XIV. FISCAL ADMINISTRATION. BUDGET. TAXES.

15.28 SECTION 1401. FISCAL YEAR.

The fiscal year of the City shall commence upon the first day of July of each year, or at such other time as may be fixed by ordinance.

SECTION 1402. ANNUAL BUDGET.

On or before the second Monday in May of each year every officer, commission or board shall transmit to the City Manager detailed estimates of income and expenditures for the ensuing fiscal year. At or before the first regular meeting of the Council in June of each year, the City Manager shall transmit to the Council a detailed budget showing estimated revenues and expenditures of the City and all departments thereof for the ensuing fiscal year.

SECTION 1403. ADOPTION OF BUDGET. ANNUAL TAX LEVY.

Not later than the first regular meeting in July, the Council shall adopt a budget and fix the rate of City taxes to be levied and collected upon all property contained in the assessment roll of the Assessor. Such tax levy, after allowing an adequate percentage of the assessed valuation for delinquencies, shall be such as will yield sufficient revenue, together with other sources of income, for the financial needs of the City for the current fiscal year.

SECTION 1404. REPEALED. (11-6-90)
SECTION 1406. BONDS.

In addition to other taxes herein authorized or authorized by State law, the Council shall have the power to levy and collect taxes sufficient to pay the interest and principal of the bonded indebtedness of the City. (Amended 11-6-90) SECTION 1407. REPEALED. (11-6-90)
SECTION 1408. EMPLOYEES’ RETIREMENT SYSTEM TAX.

In addition to the tax rates hereinabove authorized, the Council shall have the power to levy and collect taxes at not to exceed thirty-five cents on each one hundred dollars of such assessed value of all property for the creation and maintenance of the retirement system for officers and employees of this City within such retirement system.

SECTION 1409. DISBURSEMENT OF CITY MONEY.

Money shall be drawn from the Treasury only on warrants, as hereinafter prescribed, signed by such officer or officers as the Council may designate. The Director of Finance shall examine all payrolls, bills, invoices, demands or other charges against the City, and shall issue no warrant for payment unless the claim, demand or charge is in proper form, correctly computed, and approved, is legally due and payable, and appropriation has been made therefor which has not been exhausted, and unless there is sufficient money in the Treasury to make payment. Warrants drawn in payment of demands or charges conforming to budget appropriations shall be approved by the City Manager prior to payment; all other claims, demands or charges shall require the approval of the Council prior to payment.

SECTION 1410. CHANGES IN BUDGET APPROPRIATIONS.

The City Manager and Director of Finance shall see that each department and officer of the City shall operate such department or office in accordance with the annual budget appropriations thereof, as nearly as may be. Any appropriation may be changed during the budget year by resolution of the Council upon application of the appropriate department head or the City Manager. If at any time the City Manager shall ascertain that available income for the year will probably be less than the total appropriations thereof, the City Manager shall recommend to the City Council

15.29 curtailments of departments and offices necessary to avoid expenditures in excess of adjustments of appropriations of income and the Council shall, by resolution, make necessary changes in any appropriations. (Amended 11-3-81) SECTION 1411. TRANSFER OF APPROPRIATIONS.

Upon the recommendation of the City Manager, or with the City Manager’s consent, the Council may, by resolution at any time, transfer funds from the unbudgeted reserve to any department or office that the Council may approve. (Amended 3-6-79) SECTION 1412. LIMITATION ON EXPENDITURES.

No department or officer shall, during any budget year, expend or contract for, or incur any liability which involves the expenditure of money for any purpose in excess of the amounts appropriated therefor. Any contract, written or verbal, in violation of this Charter, shall be null and void. Any officer or employee who shall violate this Section shall be guilty of a misdemeanor and upon conviction thereof shall cease to hold such office or employment. Nothing in this Section, however, shall prevent the making of contracts of lease or for services for a period beyond the budget year in which such contract was made, when such contract is otherwise permitted by law.

SECTION 1413. LAPSE OF APPROPRIATIONS.

All appropriations shall lapse at the end of the fiscal year to the extent that they shall not have been expended or lawfully committed, and unexpended funds shall then revert to or become part of the general fund of the City, except such appropriations as are required by law to be continuously so appropriated from year to year. (Amended 3-6-79)
SECTION 1414. COMPETITIVE BIDDING.

Before making purchases of or contracts for, supplies, materials or equipment, ample opportunity shall be given for competitive bidding, under such rules and regulations and with such exceptions as the Council may prescribe in the ordinance setting up such rules and regulations.

SECTION 1415. CONTRACTS FOR PUBLIC WORKS.

Any public works or improvements costing more than such amount as may be prescribed by ordinance shall be executed by contract, except where a specific work or improvement is authorized by the Council to be performed directly by a City department or officer in conformity with detailed plans, specifications and estimates.

Notwithstanding any provision to the contrary in the California Public Contracts Code, or any other law or regulation of the City of Santa Cruz, the use of best value alternative project delivery methods including, but not limited to, progressive designbuild, construction manager at risk, fixed-price design-build, and design-build-operate contracts is authorized for all public works projects. The City Council shall establish, by ordinance, regulations for the award, use and evaluation of such contracts.

All contracts entered into by the City shall be signed by the City Manager or other officer or officers as the Council may by ordinance or resolution prescribe. (Amended 11-4-86; 11-6-90; 3-3-20)
SECTION 1416. ACCOUNTING CONTROL OF CONTRACTS AND PURCHASES.

All contracts or purchase orders for public works not governed by Section 1415, and for purchases of supplies, materials, or equipment shall be executed by the City Manager or the City Manager’s designee and shall be pursuant to a written requisition from the department head or officer whose appropriation will be charged therefor, and no contract or purchase order shall be issued to any vendor or supplier unless and until the Director of Finance certifies that there is to the credit of such department or

15.30 office a sufficient unencumbered appropriation balance to pay for the supplies, materials, equipment, or contractual services, for which the contract or purchase order is to be issued. (Amended 11-6-90)
SECTION 1417. CONTRACTS BASED ON BOND ISSUES.

No contract shall be executed for the acquisition of any property or the construction of any improvement or betterment to be financed by the issuance of bonds, until the ordinance authorizing the issuance thereof shall have been adopted, and any contract executed prior thereto shall be unenforceable.

SECTION 1418. BONDED DEBT LIMIT.

The City shall not incur an indebtedness evidenced by general obligation bonds which shall in the aggregate exceed the sum of fifteen percent (15%) of the total assessed valuation for purposes of City taxation, of all the real and personal property within the City, exclusive of any indebtedness that has been or may hereafter be incurred for the purposes of acquiring, constructing, extending or maintaining municipal utilities for which purpose a further indebtedness may be incurred by the issuance of bonds, subject only to the provisions of the State Constitution and of this Charter.

SECTION 1420. TAX ANTICIPATION NOTES.

During any fiscal year, in anticipation of collection of property taxes for such year, whether levied or to be levied therein, the Council may, by resolution, authorize the borrowing of money upon negotiable promissory notes of the City, each of which shall be designated, "Tax anticipation note for the year" (stating the fiscal year). Such notes may be issued for periods not exceeding one year, and may be renewed from time to time within such year, and all such notes shall mature and be paid not later than the end of the fiscal year in which they were originally issued. The total amount of such tax anticipation notes in any fiscal year shall not exceed thirty percent of the amount of property tax levied in that year for City purposes.

SECTION 1421. SALE OF NOTES.

All promissory notes issued pursuant to this article may be sold at not less than par and accrued interest at private sale without previous advertisement.

SECTION 1422. PAYMENT OF NOTES.

Any note may be made payable prior to maturity at the option of the City. The power and obligation of the City to pay any and all notes hereby authorized shall be unlimited, and the City shall levy ad valorem taxes on all taxable property within the City for payment of the principal and interest of such notes without limitation of rate or amount.

The faith and credit of the City is hereby pledged for the payment of the principal and interest of all notes of the City hereafter issued pursuant to this article, whether or not so stated in any such note.

SECTION 1423. GENERAL RESERVE ACCOUNT.

As soon as practical the Council shall establish and thereafter maintain a permanent revolving account to be known as the General Reserve Account, for the purpose of keeping the payment of the current expenses of the City on a cash basis. When established said account shall be maintained in an amount sufficient to meet all legal demands against the treasury for the first five months or other necessary period of each fiscal year prior to the receipt of taxes. The Council shall have power to transfer from the General Reserve Account to any other account or fund such sum or sums as may be required to place such account or fund, as nearly as possible, on a cash basis.

It shall be the duty of the Council to provide that all moneys so transferred from the General Reserve Account be returned thereto at or be­ fore the end of the fiscal year in which such transfers are made; provided, that in any fiscal year in which the total balance in said General Reserve Account exceeds forty percent of the total amount

15.31 of the general budget for that year, the Council may appropriate such excess for any City purpose without returning same.

SECTION 1424. PUBLIC SERVICE DEPARTMENTS' DEPRECIATION FUNDS.

The Council shall annually set aside from the net income of each of its revenue producing public utilities (after providing for the payment of principal, interest, reserve fund, and sinking fund requirements of any revenue bonds and for maintenance and operation of such public utility), as a separate depreciation fund for each of them, a sum which, according to the estimate of the City Manager, and ap­ proved by the Council, shall be sufficient to meet the normal depreciation of such public utility. Such depreciation funds shall be used only for the replacement, betterment and extension of the plants, facilities and equipment of said public utilities respectively, and for the payment of principal of and interest on, or retirement prior to maturity of, any bonds of the City to the extent that proceeds thereof have been applied to such replacement, betterment or extension. None of the surplus earnings of any such public utility, including the sewer and sewage disposal system, shall be transferred from any such public utility without a majority vote of the qualified electors of the City at an election at which such a proposition shall be submitted to them; provided, however, that while Ordinance No. 1497, or any amendment thereof is in effect, revenue of the City water system may be used as therein prescribed; provided, further, that surplus funds of the water department may be borrowed for temporary replenishment of the general fund of the City during the first five months of any fiscal year by a vote of five members of the Council, but all sums so borrowed must be re­ paid during the same fiscal year in which such borrowing occurs.

SECTION 1425. DEPARTMENTAL TRUST FUND.

The City Council may prescribe by ordinance for the setting up of a Finance Departmental Trust Fund into which the collections of the Police Department, License Collector, Building Officer, or other departments or officers, may be deposited by the respective officers at frequent intervals during each month, with the advice of each deposit being furnished to the Director of Finance.

Withdrawals from such fund may be made by the Director of Finance only on order signed by the proper department head and only for the following purposes:
(a) The making of refund of bail which has been exonerated, or of other refundable deposits, revolving fund advances authorized by the City Council, or for the correction of clerical or ministerial errors in the receipt of payments to the City; and (b) The making of settlements with City funds at the end of each calendar month for collections accumulated during such month. (Amended 3-6-79) SECTION 1427. PROFESSIONAL AUDIT.

At the beginning of each fiscal year the City Council shall employ a qualified public accountant who shall, from time to time during such year, examine the books, records, inventories, and reports of all officers and employees who receive, handle or disburse public funds, and of such other officers, employees, or departments as the City Council may direct. At the end of the year a final audit and report shall be submitted to the City Manager, the City Clerk, the City Attorney, and three additional copies to be placed on file in the office of the City Clerk and on the City’s Internet web page, and where they shall be available for inspection by the public.

SECTION 1428. CITY PROPERTY.

The rights of the City in and to the waterfront and tidelands vested in it in fee or in trust, are inalienable, unless authorized by the affirmative vote of the majority of the qualified electorselectorate of the City of Santa Cruz. Other City property in use for a public purpose shall be inalienable, except for the same or another public purpose,

15.32 unless authorized by the affirmative vote of a majority of the qualified electors of the City voting on the proposition, except such other property as may be determined by the affirmative vote of five (5) members of the Council to be no longer necessary for public purposes.

SECTION 1429. WATER SYSTEM INALIENABILITY.

The Council shall never sell, lease, assign, convey, mortgage, or hypothecate the water system, or any part thereof, unless authorized so to do by majority vote of the qualified electorselectorate of the City of Santa Cruz; provided, however, that property determined by the affirmative vote of five (5) members of the Council to be surplus, and not necessary as a part of the operating water system, may be disposed of.

Nothing in this Section shall be construed to limit the authority of the City to issue notes, bonds or other obligations pursuant to its municipal affairs powers as a charter city to finance improvements to the water system, which are secured by a pledge of the revenues derived from the water system. (Amended 11-8-16 [Measure H]) SECTION 1430. REPEALED.
(Added 11/7/2006; repealed by judicial decision, April 20, 2007) SECTION 1431. VOTER APPROVAL FOR DESALINATION PROJECTS.

1. Purpose. The purpose of this Charter Amendmentsection is to enact a comprehensive policy ensuring that the City of Santa Cruz does not approve, permit, or fund a desalination project without voter approval. Accordingly, this Charter Amendment would require an affirmative vote by a simple majority of Santa Cruz voters at a statewide general, statewide primary, or regularly scheduled municipal election before any such desalination project could be implemented.

2. Findings. The citizens of the City of Santa Cruz find:
(a) that the proposal to construct and operate a desalination facility raises serious economic, environmental, and community concerns of such importance that a decision to approve such a project should not be made unless approved by a majority of voters at a statewide general, statewide primary, or regularly scheduled municipal election.
(b) that the City has already spent millions of dollars in pursuit of desalination without a public vote or rate payer approval. According to the City Urban Water Management Plan, “The current estimated cost for design, permitting, property acquisition and construction of a regional desalination plant between 2010 and 2018 is approximately $116 million.” Ratepayers will pay many millions more in debt service, operation, and maintenance.
(c) that there are less costly and less environmentally damaging alternatives to desalination. These include, but are not limited to, effective water-neutral development policies, increased incentives for conservation, operational improvements to the reservoir system, infrastructure upgrades, leak detection, increased water storage capacity, water recycling, plumbing fixture and appliance retrofits, drought-tolerant landscaping, gray water irrigation, rainwater harvesting, water transfers between districts, and watershed restoration.
(d) that implementation of a comprehensive program of alternatives to desalination would provide significant public benefits by supplying water at less cost to rate payers, with less damage to the environment, using far less energy, and would

15.33 also help to create local jobs and business opportunities.

3. Voter Approval for Desalination Projects.
(e) Voter Approval. Notwithstanding any other provision of this Charter, no legislative action by the City that would authorize or permit the construction, operation, and/or acquisition of a desalination project, or that would incur any bonded or other indebtedness for that purpose, shall be valid or effective unless such action is authorized by an affirmative vote of a majority of qualified electors in the City of Santa Cruz voting on the question at a statewide general, statewide primary, or regularly scheduled municipal election. Provided that it has first fully complied with the California Environmental Quality Act, Public Resources Code section 21000, et seq., the City Council may put the question of approval of such action before the voters at a statewide general, statewide primary, or regularly scheduled municipal election according to any procedure authorized by this Charter.
(f) Definitions.
(1) As used in this section, “legislative action” means adoption of or amendments to the City’s General Plan, Zoning Map, Zoning Code, Municipal Code, or approval of a development agreement, or any other act by the City Council that is legislative in nature.
(2) As used in this section, “desalination project” means any project intended to provide potable domestic, commercial, and/or industrial water supply through the removal of salts and other minerals from ocean water, regardless of the physical or chemical process used.

4. Interpretation and Severability. This Charter Amendment shall be interpreted so as to be consistent with all federal and state laws, rules, and regulations. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, part, or portion of this Charter Amendment is held to be invalid or unconstitutional by a final judgment of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Charter Amendment. The voters hereby declare that this Charter Amendment, and each section, subsection, paragraph, subparagraph, sentence, clause, phrase, part, or portion thereof would have been adopted or passed even if one or more sections, subsections, paragraphs, sub-paragraphs, sentences, clauses, phrases, parts, or portions are declared invalid or unconstitutional. If any provision of this Charter Amendment is held invalid as applied to any person or circumstance, such invalidity shall not affect any application of this Charter Amendment that can be given effect without the invalid application. This Charter Amendment shall be broadly construed in order to achieve the purposes stated in this Charter Amendment. It is the intent of the voters that the provisions of this Charter Amendment shall be interpreted by the City in a manner that facilitates the purposes set forth in Section 1 of this Charter Amendment.

5. Effect of Alternative Measure on Same Ballot. This Charter Amendment adopts a comprehensive policy for protection the City of Santa Cruz’s neutral environment, coastal resources, public infrastructure, and municipal finances from being utilized for a desalination project without prior approval by City voters. By voting for this Charter Amendment, the voters expressly declare that any other measure that appears in the same ballot as this Charter Amendment and conflicts with, or purports to amend, any provision of this Charter Amendment, shall be deemed to conflict with the entire set of policies adopted by this Charter Amendment. Because

15.34 of this conflict, if this Charter Amendment and any such other measure receive a majority of votes by the voters voting thereon at the same election, then the measure receiving the most votes in favor shall prevail in its entirety and no provision of the other measure shall take effect.

6. Retroactive Application. In the event this Charter Amendment is adopted by the voters, its provisions shall apply retroactively as of the date the measure was found to have qualified for placement on the ballot. (Added 12/11/2012) SECTION 1432. CITY OF SANTA CRUZ CHILDREN’S FUND.

1. Children’s Fund Established. The “Santa Cruz Children’s Fund” is hereby established within the City’s General Fund.

2. The goals of the Santa Cruz Children’s Fund are to support enhancement and expansion of evidenced-based programs to prioritize access to early childhood development, prevention, and vulnerable youth programs, without supplanting existing City of Santa Cruz services or investments.

3. Notwithstanding any other provision of law, effective July 1, 2022, the Santa Cruz Children’s Fund shall receive funds from the City’s General Fund equivalent to twenty percent (20%) of the City of Santa Cruz’s audited total actual annual unrestricted revenues derived from the City’s Cannabis Business tax. The annual amount of revenue for the next fiscal year shall be estimated by the City Manager no later than January 15 of each year, beginning January 15, 2022. Twenty percent (20%) of the estimated amount of the City’s unrestricted Cannabis Business Tax revenue for the next fiscal year shall be deposited in the Fund no later than July 1 of each year. The Director of Finance shall publish the audited actual amount of Cannabis Business Tax revenues for the prior fiscal year not later than January 15 of each subsequent year, beginning January 15, 2022. Differences between the amount of estimated revenues deposited in the Fund and the audited actual amount of revenues for a fiscal year shall be reconciled by an adjustment in the amount deposited in the Fund for the following fiscal year.

4. Monies in the Santa Cruz Children’s Fund shall be appropriated by the City Council to support enhancement and expansion of evidenced-based programs to prioritize access to early childhood development, youth prevention, and vulnerable youth programs. The City Council shall designate a community oversight panel to make recommendations on the use of future revenues in a manner consistent with this Section which may include, but shall not be limited to, representatives of the following:

A. The City’s Parks and Recreation Commission;
B. The Santa Cruz City School District;
C. First Five Santa Cruz;
D. Youth Organizations;
E. The City Council.

5. Monies in the Santa Cruz Children’s Fund shall not be appropriated or expended for:

A. any service which merely benefits children and youth incidentally; B. acquisition, lease, or maintenance of any capital item or real property not for primary and direct use by children and youth; or

15.35 C. any service for which a fixed or minimum level of expenditure is mandated by state or federal law, to the extent of the fixed or minimum level of expenditure. (Added 11/2/2021 [Ord. 2021-22 § 4])
Article XV. FRANCHISES
SECTION 1503. GRANTING OF FRANCHISES.

The City Council is empowered to grant by ordinance a franchise to any person, firm or corporation empowered by law to furnish the City and its inhabitants with transportation, communication, terminal facilities, water, light, heat, power, refrigeration, storage or any other public utility or service to use the public streets, ways, alleys and places as the same now or may hereafter exist, for the construction and operation of plants, works, or equipment necessary or convenient for the furnishing thereof, or necessary or convenient for traversing any portion of the City for the transmitting or conveying of any service elsewhere. The City Council may prescribe the terms and conditions of any such grant. It may also provide, by procedural ordinance, the method of procedure and additional terms and conditions for making such grants, subject to the provisions of this Charter.

SECTION 1504. RESOLUTION OF INTENTION, NOTICE AND PUBLIC HEARING.

Before granting any franchise, the City Council shall pass a resolution declaring its intention to grant the same, stating the name of the proposed grantee, the character of the franchise and the terms and conditions upon which it is proposed to be granted.

Such resolution shall fix and set forth the day, hour and place when and where any persons having any interest therein or any objection to the granting thereof may appear before the City Council and be heard thereon. It shall direct the City Clerk to publish said resolution at least once within fifteen (15) days of the passage thereof, in the official newspaper. The time fixed for such hearing shall not be less than twenty (20) nor more than sixty (60) days after the passage of said resolution.

At the time set for the hearing, the City Council shall proceed to hear and pass upon all protests and its decision thereon shall be final and conclusive. Thereafter, it may grant, or deny, the franchise, subject to the right of referendum of the people.

SECTION 1505. TERM OF FRANCHISE.

Every franchise shall state the term for which it is granted, which, unless it be indeterminate as provided for herein, shall not exceed thirty-five (35) years.

A franchise grant may be indeterminate, that is to say, it may provide that it shall endure in full force and effect until the same, with the consent of the Public Utilities Commission of the State of California, shall be voluntarily surrendered or abandoned by its possessor, or until the State of California, or some municipal or public corporation, thereunto duly authorized by law, shall purchase by voluntary agreement or shall condemn and take, under the power of eminent domain, all property actually used and useful in the exercise of such franchise and situate within the territorial limits of the State, municipal or public corporation purchasing or condemning such property, or until the franchise shall be forfeited for noncompliance with its terms by the possessor thereof.

SECTION 1506. EMINENT DOMAIN.

No franchise grant shall in any way or to any extent impair or affect the right of the City to acquire the property of the grantee thereof, either by purchase or through the exercise of the right of eminent domain, and nothing herein contained shall be construed to contract away or to modify or to abridge either for a term or in perpetuity the City’s right of eminent domain with respect to any public utility. Every franchise

15.36 grant shall reserve to the City the right to purchase the property of such utility either at an agreed price or a price to be determined in the manner provided for by the General Laws of this State.

SECTION 1507. DUTIES OF GRANTEE.

By its acceptance of any franchise here under, the grantee shall covenant and agree to perform and be bound by each and all of the terms and conditions imposed in the grant or by procedural ordinance, and shall further agree to:
(a) Comply with all lawful ordinances, rules and regulations theretofore or thereafter adopted by the City Council in the exercise of its police power, governing the construction, maintenance and operation of its plants, works and equipment;
(b) Pay to the City on demand the cost of all repairs to public property made necessary by any of the operations of the grantee under such franchise; (c) Indemnify and hold harmless the City and its officers from any and all liability for damages proximately resulting from any operations under such franchise; (d) Remove and relocate without expense to the City any facilities installed, used and maintained under the franchise if and when made necessary by any lawful change of grade, alignment or width of any public street, way, alley or place, including the construction of any subway or viaduct; and (e) Pay to the City during the life of the franchise, if operative wholly within the City, a percentage, to be specified in the grant, of the gross annual receipts of the grantee within the limits of the City, or such other compensation as the City Council may prescribe in the grant, or for a franchise to a public utility operating within and without the City such compensation as may be provided by the General Laws of the State.

Article XVI. SCHOOL DEPARTMENT REPEALED. (3-3-20)
Article XVII. MISCELLANEOUS
SECTION 1701. DEFINITIONS.

Unless the provision or the context otherwise requires, as used in this Charter:
(a) “Shall” is mandatory, and “may” is permissive.

SECTION 1702. VIOLATIONS.

The violation of any provision of this Charter shall be deemed an infraction, or a misdemeanor punishable upon conviction by a fine or imprisonment or both up to the maximum penalty provided for by California Penal Code. (Amended 11-6-90) SECTION 1703. VALIDITY.

If any provision of this Charter, or the application thereof to any person or circumstance is held invalid, the remainder of the Charter, and the application of such provision to other persons or circumstances, shall not be affected thereby.

15.37 15.38

CHARTER INDEX
– A –

APPOINTIVE BOARDS AND COMMISSIONS
Appropriating funds § 1004
Council power to establish § 1001
Creation § 1002

ARBITRATION
Required for fire department employee disputes § 1119

ATTORNEY, CITY
Appointment, powers, duties § 812
– B –
BOARDS
Appointive boards
creation and establishment § 1002
generally § 1001

BOUNDARIES
Designated § 201
– C –
CHILDREN’S FUND
Established, use § 1432
CITY
Council
See COUNCIL, CITY
Eminent domain § 1506
Functions, transfer § 901
Government, form § 501
Name designated § 101
Powers § 401
Procedures § 402
Property rights § 1428

CIVIL SERVICE
Abolition of positions § 1112 Layoffs § 1112
Merit principle § 1101
Rules, regulations adoption § 1118

CLERK, CITY

15.39 Powers, duties § 811
Publication of ordinances § 613

COMMISSIONS
Appointive commissions
creation and establishment § 1002
generally § 1001

CONTRACTS
See FINANCE

COUNCIL, CITY
City Manager
interference prohibited § 809
seat at council table § 807
General reserve account establishment § 1423
Meetings
place held § 616
regular § 614
Members
See also OFFICERS, CITY
qualifications § 602
salary § 603
Number, term § 601
Ordinances
See ORDINANCES
Powers § 606
Presiding officer, mayor § 604
Proceedings § 617
Quorum § 617
Vacancies § 605
Voting § 607
– D –

DEFINITIONS
§ 1701

DIRECTOR OF FINANCE
See FINANCE
– E –

ELECTION

15.40 Canvass of returns § 704
Districts
division § 708
territory not specifically described § 709
Initiative, referendum, recall § 706
Mail ballot § 707
Municipal
general § 701
special § 702
Nomination petitions, voter residency requirement § 710 Procedure for holding § 705
Two round system § 711

EMINENT DOMAIN
City’s right § 1506

EMPLOYEE, CITY
See also CIVIL SERVICE
Department head
administering oaths § 1305
appointment powers § 1306
Duties § 1304
Official bonds § 1301
Retirement
See RETIREMENT
Rights preserved § 303
– F –

FINANCE
Appropriations
changes § 1410
lapse § 1413
transfer § 1411
Audit, professional § 1427
Bidding, competitive § 1414
Bonded debt limit § 1418
Bonds § 1406
Budget
adoption § 1403
annual § 1402
appropriation changes § 1410

15.41 City
money disbursement § 1409
property rights § 1428
Contracts
accounting control of § 1416
based on bond issues § 1417
public works § 1415
Director, powers, duties § 813
Expenditure limitation § 1412
Fiscal year designated § 1401
Funds
departmental trust § 1425
depreciation, public service department § 1424
General reserve account established § 1423
Notes
payment § 1422
sale § 1421
tax anticipation § 1420
Purchases, accounting control of § 1416
Tax
annual levy § 1403 anticipation notes § 1420
employees retirement system § 1408
Voter approval for desalination projects § 1431
Water system inalienability § 1429

FIRE DEPARTMENT
Compulsory arbitration for employee disputes § 1119

FRANCHISE
Eminent domain § 1506
Grantee duties § 1507
Granting § 1503
Intention resolution, notice, public hearing § 1504
Term § 1505
– M –

MAIL BALLOT
Procedures § 707

MANAGER, CITY
Appointment § 804
City Council

15.42 interference prohibited § 809
seat at council table § 807
Powers, duties § 806
Pro-Tem § 805
– N –

NAME OF CITY
Designated § 101
– O –

OFFICERS, CITY
Appointive
designated, appointment, removal § 801
others § 802
Department head
administering oaths § 1305
appointment powers § 1306
Duties § 1304
Elective
See COUNCIL, CITY
Official bonds § 1301
Rights preserved § 303

ORDINANCES
Adoption, introduction, alteration § 608
Authentication § 610
Codification § 618
Council voting § 607
Effective date § 611
Emergency § 612
In effect, continued § 302
Publication § 613
Repeal, amendment § 609
Violation, penalty § 619
– R –

RETIREMENT
Prior service, allowance for § 1202
System

15.43 state § 1201
tax
See FINANCE
– S –

SUCCESSION
Rights, liabilities retained § 301
– T –
TAX
See FINANCE
– V –

VALIDITY
§ 1703

VIOLATIONS, PENALTY
§ 1702

15.44 CHARTER
OF THE

CITY OF SANTA CRUZ
AS AMENDED THROUGH THE NOVEMBER 3,
2026 ELECTION

15.45 CHARTER OF THE CITY OF SANTA CRUZ CALIFORNIA
2 (Supp. No. 41 – 9/9/2022)

15.46 2
Table of Contents
ARTICLE I. NAME OF CITY .....................................................................................................................................6 SECTION 101. NAME. ..........................................................................................................................................6 ARTICLE II. BOUNDARIES ......................................................................................................................................6 SECTION 201. BOUNDARIES..............................................................................................................................6 ARTICLE III. SUCCESSION .....................................................................................................................................6 SECTION 301. RIGHTS AND LIABILITIES...........................................................................................................6 SECTION 302. ORDINANCES CONTINUED IN EFFECT....................................................................................6 SECTION 303. RIGHTS OF OFFICERS AND EMPLOYEES PRESERVED........................................................6 SECTION 304. REPEALED. (3-6-79)....................................................................................................................6 SECTION 305. REPEALED. (3-6-79)....................................................................................................................6 SECTION 306. REPEALED. (3-6-79)....................................................................................................................6 SECTION 307. REPEALED. (3-6-79)....................................................................................................................6 ARTICLE IV. POWERS OF CITY .............................................................................................................................6 SECTION 401. POWERS OF CITY. .....................................................................................................................6 SECTION 402. PROCEDURES. ...........................................................................................................................7 ARTICLE V. FORM OF GOVERNMENT ..................................................................................................................7 SECTION 501. FORM OF GOVERNMENT. .........................................................................................................7 ARTICLE VI. ELECTIVE OFFICERS........................................................................................................................7 SECTION 601. COUNCIL, NUMBER, TERM........................................................................................................7 SECTION 602. QUALIFICATIONS........................................................................................................................7 SECTION 603. SALARY. ......................................................................................................................................8 SECTION 604. PRESIDING OFFICER – MAYOR. ...............................................................................................8 SECTION 605. COUNCIL VACANCIES................................................................................................................9 SECTION 606. POWERS OF COUNCIL. .............................................................................................................9 SECTION 607. VOTING........................................................................................................................................9 SECTION 608. ORDINANCES..............................................................................................................................9 SECTION 609. REPEAL OR AMENDMENT OF ORDINANCES........................................................................10

15.47 CHARTER OF THE CITY OF SANTA CRUZ CALIFORNIA
3 SECTION 610. AUTHENTICATION OF ORDINANCES. ....................................................................................10 SECTION 611. EFFECTIVE DATE OF ORDINANCES. .....................................................................................10 SECTION 612. EMERGENCY ORDINANCES. ..................................................................................................10 SECTION 613. PUBLICATION OF ORDINANCES.............................................................................................10 SECTION 614. REGULAR MEETINGS. .............................................................................................................10 SECTION 616. PLACE OF MEETING. ...............................................................................................................10 SECTION 617. QUORUM. PROCEEDINGS.......................................................................................................11 SECTION 618. CODIFICATION OF ORDINANCES...........................................................................................11 SECTION 619. VIOLATION OF ORDINANCE. PENALTY. ................................................................................11 ARTICLE VII. ELECTIONS .....................................................................................................................................11 SECTION 701. GENERAL MUNICIPAL ELECTIONS. .......................................................................................11 SECTION 702. SPECIAL MUNICIPAL ELECTIONS. .........................................................................................12 SECTION 704. CANVASS OF RETURNS. .........................................................................................................12 SECTION 705. PROCEDURE FOR HOLDING ELECTIONS. ............................................................................12 SECTION 706. INITIATIVE, REFERENDUM AND RECALL. .............................................................................12 SECTION 707. MAIL BALLOT ELECTIONS. ......................................................................................................12 SECTION 708. DISTRICTS.................................................................................................................................12 SECTION 709. TERRITORY NOT SPECIFICALLY DESCRIBED......................................................................13 SECTION 710. VOTERS SIGNING NOMINATION PETITIONS.........................................................................13 SECTION 711. TWO ROUND ELECTION SYSTEM. .........................................................................................13 ARTICLE VIII. APPOINTIVE OFFICERS................................................................................................................13 SECTION 801. APPOINTMENT AND REMOVAL. .............................................................................................13 SECTION 802. OTHER APPOINTIVE OFFICERS. ............................................................................................13 SECTION 804. CITY MANAGER. APPOINTMENT. ...........................................................................................14 SECTION 805. CITY MANAGER PRO-TEM.......................................................................................................14 SECTION 806. CITY MANAGER. POWERS AND DUTIES. ..............................................................................14 SECTION 807. CITY MANAGER. COUNCIL TABLE..........................................................................................15

15.48 CHARTER OF THE CITY OF SANTA CRUZ CALIFORNIA
4 SECTION 808. REPEALED. ...............................................................................................................................15 SECTION 809. NO INTERFERENCE BETWEEN THE COUNCIL AND CITY MANAGER ................................15 SECTION 811. CITY CLERK. POWERS AND DUTIES......................................................................................15 SECTION 812. CITY ATTORNEY. APPOINTMENT. POWERS AND DUTIES. .................................................16 SECTION 813. DIRECTOR OF FINANCE. POWERS AND DUTIES.*...............................................................16 ARTICLE IX. TRANSFER OF CITY FUNCTIONS..................................................................................................17 SECTION 901. TRANSFER OR CONSOLIDATION OF FUNCTIONS. ..............................................................17 ARTICLE X. APPOINTIVE BOARDS AND COMMISSIONS ..................................................................................18 SECTION 1001. GENERAL. ...............................................................................................................................18 SECTION 1002. CREATION. ..............................................................................................................................18 SECTION 1003. REPEALED. .............................................................................................................................18 SECTION 1004. APPROPRIATIONS..................................................................................................................18 ARTICLE XI. CIVIL SERVICE.................................................................................................................................18 SECTION 1101. MERIT PRINCIPLE. .................................................................................................................18 SECTION 1113. REPEALED. (11-6-90)..............................................................................................................18 SECTION 1102. REPEALED. (3-6-79)................................................................................................................18 SECTION 1103. REPEALED. (11-6-90)..............................................................................................................18 SECTION 1104. REPEALED. .............................................................................................................................18 SECTION 1106. REPEALED. .............................................................................................................................18 SECTION 1108. REPEALED. (11-6-90)..............................................................................................................18 SECTION 1109. REPEALED. (11-6-90)..............................................................................................................18 SECTION 1110. REPEALED. .............................................................................................................................18 SECTION 1111. REPEALED. .............................................................................................................................18 SECTION 1112. ABOLITION OF POSITIONS. LAYOFFS. ................................................................................19 SECTION 1114. REPEALED. (11-6-90)..............................................................................................................19 SECTION 1116. REPEALED. (11-6-90)..............................................................................................................19 SECTION 1118. ADOPTION OF RULES AND REGULATIONS. .......................................................................19

15.49 CHARTER OF THE CITY OF SANTA CRUZ CALIFORNIA
5 SECTION 1119. COMPULSORY ARBITRATION FOR FIRE DEPARTMENT EMPLOYEE DISPUTES. ........19 ARTICLE XIL. RETIREMENT .................................................................................................................................20 SECTION 1201. STATE SYSTEM. .....................................................................................................................20 SECTION 1202. ALLOWANCE FOR PRIOR SERVICE. ....................................................................................21 ARTICLE XM. GENERAL PROVISIONS RELATING TO OFFICERS AND EMPLOYEES....................................21 SECTION 1301. OFFICIAL BONDS....................................................................................................................21 SECTION 1302. REPEALED. (3-6-79)................................................................................................................21 SECTION 1303. REPEALED. (3-6-79)................................................................................................................21 SECTION 1304. DUTIES OF OFFICERS AND EMPLOYEES. ..........................................................................21 SECTION 1305. ADMINISTERING OATHS........................................................................................................21 SECTION 1306. DEPARTMENT HEADS. APPOINTMENT POWERS. .............................................................21 ARTICLE XIV. FISCAL ADMINISTRATION. BUDGET. TAXES. ............................................................................22 SECTION 1401. FISCAL YEAR. .........................................................................................................................22 SECTION 1402. ANNUAL BUDGET. ..................................................................................................................22 SECTION 1403. ADOPTION OF BUDGET. ANNUAL TAX LEVY. .....................................................................22 SECTION 1404. REPEALED. (11-6-90)..............................................................................................................22 SECTION 1406. BONDS.....................................................................................................................................22 SECTION 1407. REPEALED. (11-6-90)..............................................................................................................22 SECTION 1408. EMPLOYEES’ RETIREMENT SYSTEM TAX. .........................................................................22 SECTION 1409. DISBURSEMENT OF CITY MONEY........................................................................................22 SECTION 1410. CHANGES IN BUDGET APPROPRIATIONS. .........................................................................23 SECTION 1411. TRANSFER OF APPROPRIATIONS. ......................................................................................23 SECTION 1412. LIMITATION ON EXPENDITURES. .........................................................................................23 SECTION 1413. LAPSE OF APPROPRIATIONS. ..............................................................................................23 SECTION 1414. COMPETITIVE BIDDING. ........................................................................................................23 SECTION 1415. CONTRACTS FOR PUBLIC WORKS. .....................................................................................23 SECTION 1416. ACCOUNTING CONTROL OF CONTRACTS AND PURCHASES. ........................................24

15.50 CHARTER OF THE CITY OF SANTA CRUZ CALIFORNIA
6 SECTION 1417. CONTRACTS BASED ON BOND ISSUES. .............................................................................24 SECTION 1418. BONDED DEBT LIMIT. ............................................................................................................24 SECTION 1420. TAX ANTICIPATION NOTES. ..................................................................................................24 SECTION 1421. SALE OF NOTES. ....................................................................................................................24 SECTION 1422. PAYMENT OF NOTES.............................................................................................................24 SECTION 1423. GENERAL RESERVE ACCOUNT. ..........................................................................................24 SECTION 1424. PUBLIC SERVICE DEPARTMENTS' DEPRECIATION FUNDS..............................................25 SECTION 1425. DEPARTMENTAL TRUST FUND. ...........................................................................................25 SECTION 1427. PROFESSIONAL AUDIT..........................................................................................................25 SECTION 1428. CITY PROPERTY.....................................................................................................................26 SECTION 1429. WATER SYSTEM INALIENABILITY. .......................................................................................26 SECTION 1430. REPEALED. .............................................................................................................................26 SECTION 1431. VOTER APPROVAL FOR DESALINATION PROJECTS.........................................................26 SECTION 1432. CITY OF SANTA CRUZ CHILDREN’S FUND..........................................................................28 ARTICLE XV. FRANCHISES..................................................................................................................................29 SECTION 1503. GRANTING OF FRANCHISES. ...............................................................................................29 SECTION 1504. RESOLUTION OF INTENTION, NOTICE AND PUBLIC HEARING. .......................................29 SECTION 1505. TERM OF FRANCHISE............................................................................................................29 SECTION 1506. EMINENT DOMAIN. .................................................................................................................30 SECTION 1507. DUTIES OF GRANTEE. ...........................................................................................................30 ARTICLE XVI. SCHOOL DEPARTMENT REPEALED. (3-3-20) ............................................................................30 ARTICLE XVII. MISCELLANEOUS.........................................................................................................................30 SECTION 1701. DEFINITIONS...........................................................................................................................30 SECTION 1702. VIOLATIONS. ...........................................................................................................................30 SECTION 1703. VALIDITY..................................................................................................................................31 CHARTER INDEX...................................................................................................................................................32

15.51 CHARTER OF THE CITY OF SANTA CRUZ CALIFORNIA
7 15.52

CHARTER OF THE CITY OF SANTA CRUZ CALIFORNIA
8 ARTICLE I. NAME OF CITY
SECTION 101. NAME.

The municipal corporation now existing and known as the “City of Santa Cruz” shall remain and continue to exist as a body politic and corporate as at present in name, in fact, and in law.

ARTICLE II. BOUNDARIES
SECTION 201. BOUNDARIES.

The boundaries of the City of Santa Cruz shall continue as now established until changed as authorized by law.

ARTICLE III. SUCCESSION
SECTION 301. RIGHTS AND LIABILITIES.

The City of Santa Cruz as successor in interest of the municipal corporation of the same name, heretofore created and existing shall own, possess, retain and control every right and all property of every kind and nature owned, possessed, retained or controlled prior thereto, subject to all debts, obligations, liabilities and duties of said City at the adoption hereof.

SECTION 302. ORDINANCES CONTINUED IN EFFECT.

All lawful ordinances, resolutions, rules and regulations, or portions thereof, in force at the time this Charter takes effect, and not in conflict or inconsistent herewith, are hereby continued in force until the same shall have been duly repealed, amended, changed or superseded by proper authority.

SECTION 303. RIGHTS OF OFFICERS AND EMPLOYEES PRESERVED.

Nothing in this Charter contained, except as specifically provided, shall affect or impair the civil service, pension and retirement rights or privileges of officers or employees of the City, or of any office, department or agency thereof, existing at the time this Charter takes effect.

SECTION 304. REPEALED. (3-6-79)
SECTION 305. REPEALED. (3-6-79)
SECTION 306. REPEALED. (3-6-79)
SECTION 307. REPEALED. (3-6-79)
ARTICLE IV. POWERS OF CITY
SECTION 401. POWERS OF CITY.

The City shall have the power to make and enforce all laws and regulations in respect to municipal affairs, subject only to such restrictions and limitations as may be provided in this Charter and in the Constitution of the State of California. It shall also have the power to exercise any and all rights, powers and privileges heretofore or hereafter established, granted or prescribed by any law of the State, by this Charter, or by other lawful authority, or which a municipal corporation might or could exercise under the Constitution of the State of California. The enumeration in this Charter of

15.53 CHARTER OF THE CITY OF SANTA CRUZ CALIFORNIA
9 any particular power shall not be held to be exclusive of, or any limitation upon, this general grant of power.

SECTION 402. PROCEDURES.

The City shall have the power and may act pursuant to procedure established by any law of the State, unless a different procedure is established by ordinance.

ARTICLE V. FORM OF GOVERNMENT
SECTION 501. FORM OF GOVERNMENT.

The municipal government provided by this Charter shall be known as the “CouncilManager” form of government.

ARTICLE VI. ELECTIVE OFFICERS
SECTION 601. COUNCIL, NUMBER, TERM.
(a) The elective officers of this City shall consist of six Councilmembers and a Mayor, each of the members of which, including the Mayor, shall have the right to vote upon all questions before it. The terms “Council”, “City Council”, “legislative body”, or other similar terms as used in this Charter or any other provision of law shall be deemed to refer to the collective body composed of the Mayor and Councilmembers unless such interpretation would be clearly contrary to the intent and context of such other provision.
(b) Candidates for City Council shall be nominated from and by the electors of each of the six districts referred to in Article VII of this Charter. The term of office shall be four years. The term of each City Council member shall commence on the date of the second regularly scheduled Council meeting after the November general municipal election.
(c) Candidates for Mayor shall be nominated from and by the electors of the City and elected by the voters of the City at-large. The term of office shall be four years.

The term of Mayor shall commence on the date of the second regularly scheduled Council meeting after the November general municipal election. (d) No member of the Council shall be eligible for re-election, or for election to a different Council district, for two years (i.e. one general election cycle) after the expiration of the second consecutive full term of the office for which such person was elected. However, this prohibition shall not bar (1) a Councilmember elected by-district from running for Mayor immediately after two terms as a Councilmember, or (2) the Mayor from running as a by-district Councilmember immediately after two terms as Mayor. With that said, in no event may any person serve on the Council (as either a Councilmember or the Mayor) for more than sixteen (16) consecutive years. (Amended 6/7/2022 [Ord. 2022-12 § 1]; 3-6-79; 11-2-2004 [Measure M])
SECTION 602. QUALIFICATIONS.
(a) A person shall be eligible to be nominated for, or to hold office as a Mayor, only if such person is a resident and registered qualified voter of this City, and shall have been for at least thirty (30) days preceding nomination or appointment. Should the Mayor, during their term, no longer reside within the City, their seat shall be deemed vacant immediately.
(b) A person shall be eligible to be nominated for, or to hold office as a member of the Council, only if such person is a resident and registered qualified voter of the

15.54 CHARTER OF THE CITY OF SANTA CRUZ CALIFORNIA
10 district from which that person has been nominated or appointed, and shall have been for at least thirty (30) days preceding nomination or appointment. Should a Councilmember, during a term with two years or less remaining, no longer reside within the district in which they were elected to but are still within City limits, they may continue to serve the remainder of the term. (Amended 6/7/2022 [Ord. 2022- 12 § 1]; 3-6-79)
SECTION 603. SALARY.

At any municipal election, the question of whether City Councilmembers or the Mayor shall receive compensation for services, and the amount of compensation, may be submitted to the electors. If a majority of electors voting at the election favor it, all of the Councilmembers and the Mayor shall receive the compensation specified in the election call. Compensation of Councilmembers and the Mayor may be increased beyond the amount provided in this Section or decreased below the amount in the same manner.

Compensation of Councilmembers and the Mayor is set by the Municipal Code and may be increased by an ordinance enacted by the City Council or by an amendment to an ordinance enacted by the City Council but the amount of the increase may not exceed an amount equal to five (5%) percent for each calendar year from the operative date of the last adjustment of the salary in effect when the ordinance or amendment is enacted. No salary ordinance shall be enacted or amended by the City Council which provides for automatic future increases in salary.

Any amounts paid by the City for retirement, health and welfare, and Federal Social Security benefits shall not be included for purposes of the determining salary under this Section provided the same benefits are available and paid by the City for its employees. (Amended 11-3-81; 11-4-86; 11-3-98)
SECTION 604. PRESIDING OFFICER – MAYOR.
(a) The Mayor shall be elected at-large, shall preside at the meetings of the Council, shall be a voting member of the Council, shall have a voice and vote in all Council proceedings, and shall be recognized as the titular head of the City government for all ceremonial purposes and by the Governor for purposes of military law but shall have no regular administrative duties.
(b) The Mayor shall have the discretion to set City Council agendas and to change the order of business on the agendas provided, however, that an item may be added to a future City Council agenda at the direction of three members of the City Council.
(c) The Mayor shall have the primary but not exclusive responsibility for interpreting the policies, programs, and needs of the City government to the people, and, as occasion requires, the Mayor may inform the people of any change in policy or program.
(d) The Mayor shall perform such other duties consistent with the office as may be prescribed by this Charter or as may be imposed by the City Council. (e) The City shall maintain a “Council-Manager” form of government, and the Mayor possesses only such authority over the City Manager and the administrative branch as they possess as one member of the Council.
(f) The Council shall elect a Vice-Mayor, who shall serve in such capacity at the pleasure of the City Council. The Vice-Mayor shall perform the duties of the Mayor

15.55 CHARTER OF THE CITY OF SANTA CRUZ CALIFORNIA
11 during the Mayor's absence or disability. The Vice-Mayor shall be elected by the Council at the regular meeting in December. The Vice-Mayor shall serve until a successor has been elected. Nothing herein shall prevent a Councilmember from serving consecutive terms as Vice-Mayor. (Amended 6/7/2022 [Ord. 2022-12 § 1]; 3-6-79; 11-4-86; 11-6-90; 11-8-16 [Measure G])
SECTION 605. COUNCIL VACANCIES.

A councilmember vacancy from whatever cause arising, shall be filled by appointment by the City Council, or by special election called by the Council.

If a vacancy is filled by appointment, the appointee shall be a qualified person from the district in which the vacancy has occurred and shall hold office until the second regularly scheduled meeting following the next municipal election and until a successor is elected and takes the oath of office. During the next election cycle following any vacancy, a Councilmember shall be elected to serve for the remainder of any unexpired term. If a vacancy is filled by special election, the person receiving the highest number of votes in the subject district shall, upon taking the oath of office, serve for the remainder of the unexpired term of the former incumbent and until a successor has been elected and takes the oath of office.

In the event a vacancy has not been filled by appointment or an election called within sixty (60) days after such office shall have been declared vacant, the Council shall forthwith call an election to fill such vacancy.

A vacancy in the office of Mayor from whatever cause arising, shall be filled for the remainder of the unexpired term by a special election called by the City Council to be held not less than 88 days nor more than 103 days after the effective date of the vacancy, except the special election may be conducted within 180 days of the effective date of the vacancy in order to consolidate with the City's general municipal election.

An election shall not be ordered, and the office of Mayor shall remain vacant, if the term expires within the timeframe for holding a special election.

A City Council or Mayoral office shall become vacant and shall be so declared by the Council if a person elected or appointed fails to take the oath of office within sixty (60) days after the election or appointment, is absent from all regular meetings of the Council for sixty (60) days unless expressly permitted by the City Council in its official minutes, ceases to be an elector of the City, or is convicted of a crime involving moral turpitude. (Amended 6/7/2022 [Ord. 2022-12 § 1]; 3-6-79; 11-3-92) SECTION 606. POWERS OF COUNCIL.

All powers of the City shall be vested in the City Council, subject to the provisions of this Charter and to the Constitution of the State of California.

SECTION 607. VOTING.

The Council shall pass ordinances and adopt resolutions by ayes and noes, entered upon its minutes, and a roll-call vote shall be had. All members present at any meeting must vote unless disqualified, in which case the disqualification shall be publicly declared and a record thereof made.

SECTION 608. ORDINANCES.

The enacting clause of every ordinance shall be: “Be it ordained by the City of Santa Cruz as follows:”.

No ordinance, except an emergency ordinance- or an ordinance that takes effect upon adoption - shall be finally adopted by the Council on the day of its introduction, within

15.56 CHARTER OF THE CITY OF SANTA CRUZ CALIFORNIA
12 five (5) days thereafter, at any meeting other than a regular meeting, or until its been published as required in this Charter. If any ordinance is altered after its introduction, except for the correction of typographical or clerical errors, the ordinance shall require a further reading not less than five (5) days after such alteration.

SECTION 609. REPEAL OR AMENDMENT OF ORDINANCES.

No ordinance or portion thereof shall be repealed except by ordinance. No ordinance shall be revised, re-enacted, or amended by reference to its title only; but the ordinance to be revised or re-enacted, or the Section or Sections thereof to be amended, or the new Section or Sections to be added thereto, shall be set forth and adopted according to the method provided in this Section for the enactment of ordinances, and such revision, re-enactment, amendment or addition, shall be done by ordinance only.

SECTION 610. AUTHENTICATION OF ORDINANCES.

All ordinances shall be signed by the Mayor and attested by and filed with the City Clerk. Each ordinance shall be headed with a brief title which shall be indicative of the purpose thereof. Ordinances shall be numbered consecutively when adopted.

SECTION 611. EFFECTIVE DATE OF ORDINANCES.

No ordinance shall become effective until thirty days from and after the date of its adoption, except the following, which shall take effect upon adoption:
(a) An ordinance calling or otherwise relating to an election; (b) An improvement proceeding ordinance adopted under some law, or procedural ordinance;
(c) An ordinance declaring the amount of money necessary to be raised by taxation, or fixing the rate of taxation; or
(d) An emergency ordinance adopted in the manner herein provided.

SECTION 612. EMERGENCY ORDINANCES.

Any ordinance declared by the City Council to be necessary as an emergency measure for preserving the public peace, health, safety or property, and containing a statement of the reasons for its urgency, may be introduced and adopted at one and the same meeting if passed by at least five (5) affirmative votes.

SECTION 613. PUBLICATION OF ORDINANCES.

The City Clerk shall post and publish an ordinance summary that consists of the title, a short summary of contents, the date of introduction, the vote taken, and a list of the places where the proposed ordinance is posted. Each ordinance summary, other than an emergency ordinance or an ordinance which takes effect upon adoption, shall be posted at least three (3) days prior to its adoption in three (3) prominent places in the City, one of which may be the City’s Internet web page, and published in a newspaper of general circulation.

The City Clerk shall cause each emergency ordinance or ordinance which takes effect upon adoption to be published at least once in a newspaper of general circulation within fifteen (15) days after its adoption. (Amended 3-6-79; 11-2-2004 [Measure N]) SECTION 614. REGULAR MEETINGS.

The City Council shall hold at least one regular meeting each month, except in the month of July. The regular meeting dates shall be established annually by resolution

15.57 CHARTER OF THE CITY OF SANTA CRUZ CALIFORNIA
13 of the City Council.

SECTION 616. PLACE OF MEETING.

All meetings shall be held in the Council Chambers of the City Hall, except when, by reason of special circumstances, the Council, Mayor or City Manager determines that the public interest will best be served by holding a meeting elsewhere within the City.

If, by reason of fire, flood or other emergency, it would be unsafe to meet in the place designated, the meetings may be held for the duration of the emergency virtually (to the extent permitted by state law), or at such place as is designated by the Mayor or City Manager, or, if the Mayor or City Manager should fail to act, by four members of the City Council. (Amended 11-3-81; 11-8-94)
SECTION 617. QUORUM. PROCEEDINGS.

Four members of the City Council shall constitute a quorum to do business, but a less number may adjourn from time to time. The City Council shall judge the qualifications of its members as set forth by the Charter and shall judge all election returns. Each member of the City Council shall have the power to administer oaths and affirmations in any investigation or proceeding pending before the City Council.

The City Council may establish rules for the conduct of its proceedings and may impose appropriate penalties on any member or other person for disorderly conduct at any meeting.

It shall have the power and authority to compel the attendance of witnesses, to examine them under oath, and to compel the production of evidence before it.

Subpoenas may be issued in the name of the City and be attested by the City Clerk.

Disobedience of such subpoena, or the refusal to testify (other than upon constitutional grounds) shall constitute a misdemeanor.

SECTION 618. CODIFICATION OF ORDINANCES.

Any and all ordinances of the City which have been enacted and published in the manner required at the time of their adoption, and which have not been repealed, may be compiled, consolidated, revised, indexed, and arranged as a comprehensive ordinance code, and such code may be adopted by reference by the passage of an ordinance for such purpose. Such code need not be published in the manner required for other ordinances, but not less than three copies thereof shall be filed, for use and examination by the public, in the office of the City Clerk, at least five days prior to the adoption thereof. Subsequent amendments to Sections of the code shall be enacted in the same manner as herein required for the amendment of ordinances generally.

Detailed regulations pertaining to any subject, such as the construction of buildings, plumbing, electrical construction or other subjects which require extensive regulations, after having been arranged as a comprehensive code, may likewise be adopted en masse or substantially so by reference in the manner herein-above provided.

SECTION 619. VIOLATION OF ORDINANCE. PENALTY.

A violation of any ordinance of the City shall constitute either a misdemeanor or an infraction, either of which may be prosecuted in the name of the people of the State of California, or may be redressed by civil action. The Council shall specify any violation of ordinances which are to constitute misdemeanors, and all other violations shall constitute infractions. The Council may, by ordinance, establish a minimum fine and/or a maximum fine or penalty for any violation of a City ordinance, provided, however, that in the absence of such an ordinance, the maximum fine or penalty shall be that established by the general laws of the State of California for misdemeanors or infractions, respectively. (Amended 3-6-79; 11-4-86)

15.58 CHARTER OF THE CITY OF SANTA CRUZ CALIFORNIA
14 ARTICLE VII. ELECTIONS
SECTION 701. GENERAL MUNICIPAL ELECTIONS.

General municipal elections shall be called in the event of 1) measures to be voted on and/or 2) that no one candidate is elected to any office after the first round of elections.

The two candidates receiving the highest number of votes for such office shall be the candidates, and the only candidates, whose names shall be printed upon ballots to be issued at the second or General Municipal Election. The candidate receiving the highest number of votes cast for all candidates for that office shall be declared elected.

Members of the City Council shall serve for a term of four (4) years commencing on the date of the second regularly scheduled Council meeting after the general municipal election. (Amended 3-6-79; 11-4-86; 11-6-90)
SECTION 702. SPECIAL MUNICIPAL ELECTIONS.

All other municipal elections that may be held by authority of this Charter, or of any law, shall be known as special municipal elections.

SECTION 704. CANVASS OF RETURNS.

At its second regularly scheduled evening meeting after any municipal election, the Council of this City, at its usual meeting place, shall convene to duly canvass the returns of the municipal election, declare the results thereof, and install the newly elected officers. (Amended 11-6-90)
SECTION 705. PROCEDURE FOR HOLDING ELECTIONS.

Unless otherwise provided by ordinance hereafter enacted, all elections shall be held in accordance with the provisions of the Elections Code of the State of California, as the same now exist or may hereafter be amended, for the holding of elections in general law cities insofar as the same are not in conflict with this Charter.

SECTION 706. INITIATIVE, REFERENDUM AND RECALL.

Unless otherwise provided by ordinance hereafter enacted, the provisions of the Elections Code of the State of California as the same now exist or may hereafter be amended, governing the initiative, referendum and the recall of municipal officers, shall apply in the City insofar as such provisions of the Elections Code are not in conflict with this Charter.

SECTION 707. MAIL BALLOT ELECTIONS.

Any local, special, or consolidated election may be conducted wholly by mail provided that the City Council adopts a resolution authorizing the use of mailed ballots for the election; the election does not occur on the same date as a statewide direct primary election or statewide general election, and that it be conducted in accordance with the mail ballot election procedures set forth in the Elections Code of the State of California. (Added 11-2-2004 [Measure L])
SECTION 708. DISTRICTS.

The City shall be divided into six districts, the names and respective boundaries of which shall be as established by ordinance.

Following the national census and each tenth year thereafter the City Council may appoint a committee to study and report to the City Council on the advisability of redistricting the City. Upon receipt of any such committee report, and at any other time deemed necessary or desirable in order that the district boundaries be fair and logical, the City Council may by ordinance change and/or redefine the boundaries of any or all of the six districts herein established. The boundaries so defined shall be

15.59 CHARTER OF THE CITY OF SANTA CRUZ CALIFORNIA
15 established in such manner that the districts shall, as nearly as practicable, constitute natural areas of contiguous and compact territory and provide fair representation on the City Council. Notwithstanding the provisions of Section 602, no redistricting shall disqualify any Councilmember from serving the remainder of their term, if elected, or until the next general municipal election, if appointed. Any territory hereafter annexed to or consolidated with the City shall, at the time of such annexation or consolidation, be added by ordinance of the City Council to an adjacent district or districts. (Added 6/7/2022 [Ord. 2022-12 § 2])
SECTION 709. TERRITORY NOT SPECIFICALLY DESCRIBED.

Any territory constituting a part of the City and not specifically included in any district shall be deemed included in the district with which it has the longest common boundary line. If there is no common boundary line with any district, then such territory shall be deemed included in the nearest district to it. (Added 6/7/2022 [Ord. 2022-12 § 2])
SECTION 710. VOTERS SIGNING NOMINATION PETITIONS.

The voters signing any petition for the nomination of any person to the office of Councilmember shall be residents and registered voters of the district from which such person is to be nominated. The voters signing any petition for the nomination of any person to the office of Mayor shall be residents and registered voters of the City. (Added 6/7/2022 [Ord. 2022-12 § 2])
SECTION 711. TWO ROUND ELECTION SYSTEM.
(a) The Mayor and the by-district Councilmembers shall be elected using a Two Round Election System, also known as runoff voting. At the first round of elections, any candidate receiving a majority of the vote cast (i.e., 50% + 1) for all candidates for that office shall be declared elected.
(b) If, after the first round of elections, there is any office to which no person was elected, then the two candidates for such office receiving the highest number of votes for such office shall be the candidates, and the only candidates, for such office whose names shall be printed upon ballots to be issued at the second or General Municipal Election; provided that, in any event, all persons receiving a number of votes equal to the highest or second highest number of votes received by any candidate shall also be candidates at such second election. The candidate receiving the highest number of votes cast for all candidates for that office at the second or General Municipal Election shall be declared elected. (c) Whenever practical, the first round of elections shall occur on the date of and be consolidated with the Statewide Primary Election.
(d) The Council may, by ordinance, establish administrative rules and procedures for the City’s Two Round Election System that are not inconsistent with this Section. (Added 6/7/2022 [Ord. 2022-12 § 2])
ARTICLE VIII. APPOINTIVE OFFICERS
SECTION 801. APPOINTMENT AND REMOVAL.

The City Manager and City Attorney shall be appointed by and may be removed by the affirmative votes of at least four (4) members of the Council, provided however that no such officer may be removed within sixty (60) days prior to, or within ninety (90) days following a general municipal election except by the affirmative votes of at least five (5) members of the Council. Except as otherwise provided in this Charter, and subject to the provisions of Article XI, all other officers and department heads of

15.60 CHARTER OF THE CITY OF SANTA CRUZ CALIFORNIA
16 the City shall be appointed by the City Manager and shall serve at the pleasure of the City Manager. (Amended 11-4-86; 11-6-90)
SECTION 802. OTHER APPOINTIVE OFFICERS.

The City Council may provide by ordinance for the creation, continuation or abolishment of other City Offices and departments upon recommendation of the City Manager. Each department so created or continued shall be headed by an officer, as department head, who shall be appointed by the City Manager. The positions of such department heads shall not be included in the classified service. (Amended 11-4-86) SECTION 804. CITY MANAGER. APPOINTMENT.

The City Manager shall be appointed upon the basis of executive and administrative qualifications. The City Manager shall be paid a salary commensurate with the responsibilities of chief administrative officer of the City. No Councilmember shall receive such appointment during the term for which such member shall have been elected, nor within one year after the expiration of such term.

SECTION 805. CITY MANAGER PRO-TEM.

The City Manager shall appoint, subject to the approval of the Council, one of the other officers of the City to serve as City Manager Pro­Tem during any temporary absence or disability of the City Manager. The Council may revoke its approval at any time and appoint another officer of the City to serve until the Manager shall return or such disability shall cease. The City Manager Pro-Tem shall have no authority to appoint or remove any City officer or employee except with the formal approval of the Council.

SECTION 806. CITY MANAGER. POWERS AND DUTIES.

The City Manager shall be the chief executive officer and the head of the administrative branch of the City government, shall be responsible to the City Council for the proper administration of all affairs of the City, and shall have the power and be required to:
(a) Appoint and remove, subject to the Civil Service provisions of this Charter, and the ordinances, rules and regulations promulgated thereunder, all department heads of the City except as otherwise provided by this Charter, and pass upon and approve all proposed appointments and removals of subordinate employees by department heads.
(b) Prepare the budget annually and submit it to the City Council and be responsible for its administration after adoption;
(c) Prepare and submit to the City Council as of the end of the fiscal year, a complete report on the finances and administrative activities of the City for the preceding year;
(d) Keep the City Council advised of the financial condition and future needs of the City and make such recommendations as may seem desirable; (e) See that all ordinances are enforced;
(f) See that the provisions of all franchises, permits and privileges granted by the City are fully observed, and to report to the Council any violation thereof; (g) Exercise general supervision over all privately owned public utilities operating within the City;

15.61 CHARTER OF THE CITY OF SANTA CRUZ CALIFORNIA
17 (h) Prepare rules and regulations governing the contracting for, purchasing, inspection, storing, inventory, distribution or disposal of all supplies, materials and equipment required by any office, department or agency or the City government and recommend them to the Council for adoption by ordinance; (i) Examine, or cause to be examined, without notice, the conduct of any officer or employee of the City;
(j) Act, personally or through a designee, as Personnel Director in the Personnel Director's absence;
(k) From time to time, in order to facilitate the prompt, economical and efficient dispatch of City business, assign officers and employees from any department or office to perform such duties or services in connection with any other department or office or to work in more than one such department or office; (l) Perform such other duties as may be prescribed by this Charter or required by the City Council, not inconsistent with this Charter. (Amended 3-6-87; 11-6-90) SECTION 807. CITY MANAGER. COUNCIL TABLE.

The City Manager shall be accorded a seat with the City Council and shall be entitled to participate in the deliberations of the City Council, but shall not have a vote.

SECTION 808. REPEALED.

SECTION 809. NO INTERFERENCE BETWEEN THE COUNCIL AND CITY

MANAGER
Neither the Council, nor any member, shall direct or request the appointment or removal of any person to, or from office by the City Manager or by any other appointing officer, or in any manner take part in the appointment or removal of an officer or employee in the administrative service of the City. Except for the purpose of inquiry, the Council and its members shall deal with the administrative services solely through the City Manager, and neither the Council nor any member thereof shall give orders to any City officer, either publicly or privately. Any member of the Council who violates this provision, or votes for a resolution or ordinance in violation hereof, shall be guilty of a misdemeanor and upon conviction thereof shall no longer serve as a member of the Council.

SECTION 811. CITY CLERK. POWERS AND DUTIES.

The City Clerk shall be the Clerk of the Council, and shall have the power and be required to:
(a) Attend all meetings of the City Council and record and maintain a full and true record of all of the proceedings of the City Council in files that shall bear appropriate titles and be devoted to such purpose. The City Clerk shall maintain a general index sufficiently comprehensive to enable a person readily to ascertain matters contained therein;
(b) Maintain ordinance and resolution files, into which shall be recorded all City ordinances and resolutions with the certificate of the Clerk annexed to each thereof stating the same to be the original or a correct copy, giving the number of said ordinance or resolution and, as to an ordinance requiring publication, stating that the same has been published or posted in accordance with this Charter;

15.62 CHARTER OF THE CITY OF SANTA CRUZ CALIFORNIA
18 (c) Be the custodian of the seal of the City;
(d) Administer oaths or affirmations, take affidavits and depositions pertaining to the affairs and business of the City and certify copies of official records; (e) Attend to the publication of all ordinances and all public notices when so directed by the Council or City Manager;
(f) Have charge of all City elections;
(g)Perform such other duties as required by law, ordinance, or direction of the City Manager. (Amended 3-6-79; 11-3-81; 11-2-2004 [Measure O] SECTION 812. CITY ATTORNEY. APPOINTMENT. POWERS AND DUTIES.

The City Attorney shall be a citizen of the United States admitted to the practice of law in all the courts of this State.

The City Attorney shall have the power and be required to:
(a) Represent and advise the City Council and all City officers, commissions or boards or departments in all matters pertaining to their office; (b) Represent and appear for the City and any officer or employee, in any and all actions and proceedings in which the City or any officer or employee, in or by reason of their official capacity, is concerned or is a party, but the City Council shall have control of all legal business and proceedings and may employ other attorneys to take charge of any litigation or matter or to assist the City Attorney therein;
(c) Attend all meetings of the City Council and give legal advice or opinions in writing whenever requested to do so by the City Council, or by any of the boards or officers of the City;
(d) Approve the form of all bonds given to and all contracts made by the City, endorsing such approval thereon in writing;
(e) Prepare any and all proposed ordinances or resolutions for the City and amendments thereto;
(f) Prosecute, on behalf of the people, all criminal cases for violation of this Charter or of City ordinances;
(g) Perform such other acts relating to the office as the Council shall require; and (h) On vacating the office, surrender all books, papers, files and documents pertaining to the City's affairs. (Amended 3-6-79)
SECTION 813. DIRECTOR OF FINANCE. POWERS AND DUTIES.*
There shall be a Department of Finance, the head of which shall be Director of Finance. Except as otherwise provided in this Charter, the Director of Finance shall have charge of the administration of the financial affairs of the City; and shall have the power and be required to:
(a) Compile the budget expense and revenue estimates for the City Manager;

15.63 CHARTER OF THE CITY OF SANTA CRUZ CALIFORNIA
19 (b) Supervise and be responsible for the disbursement of all public moneys and have control over all expenditures to ensure that budget appropriations are not exceeded;
(c) Maintain a general accounting system for the City government and each of its departments, offices and agencies; keep books for and prescribe the financial forms to be used by each department, office, and agency; keep separate accounts for each item of the appropriations in the City budget, each of which accounts shall show the amount of the appropriation, the amount paid therefrom, the unpaid obligations against it, and the unencumbered balance; require reports of receipts and disbursements from each receiving and disbursing agency of the City government to be made daily or at such other intervals as may be deemed expedient; prepare for the City Manager in July of each year a complete financial statement and report as of the end of the preceding fiscal year;
(d) Require and supervise keeping of current inventories of all property, real and personal, by the respective officers in charge thereof and periodically audit the same;
(e) Submit to the City Council through the City Manager, a complete financial statement and report as of the end of each fiscal year that includes a statement of all receipts and disbursements in sufficient detail to show the exact financial condition of the City;
(f) Collect all taxes, assessments, utility charges, license fees, and receive and have custody of all moneys receivable by the City from any source; (g) Deposit all moneys received in such depositories as may be designated by resolution of the City Council or, if no resolution be adopted, by the City Manager, and in compliance with all of the provisions of the State Constitution and laws of the State governing the handling, depositing and securing of public funds;
(h) Disburse moneys on demands properly audited in a manner provided for in this Charter;
(i) Audit and approve before payment, all bills, invoices, payrolls, demands or charges against the City government, and, with the advice of the City Attorney, determine the regularity, legality, and correctness of such claims, demands or charges;
(j) Perform such other duties as are required by law, or ordinance, or direction of the City Manager. (Amended 3-6-79)
* Additional duties added by Ord. NS-740 as follows:

City Treasurer Functions. The Director of Finance of City shall act as treasurer under any law or proceedings under which the City may act, which requires certain duties to be performed by a City Treasurer; Director of Finance; Additional Duties. In addition to the duties prescribed by Section 813 of the Charter of the City of Santa Cruz, the Director of Finance shall have the power and be required to:
(a) Submit to the City Council a statement, quarterly, or more frequently if requested, in sufficient detail to show that expenditures under his control are within the budget appropriations; (b) Submit to the City Council, along with the statement mentioned in subparagraph (a) above, a report verifying

15.64 CHARTER OF THE CITY OF SANTA CRUZ CALIFORNIA
20 that all expenditures have been audited and approved in the manner required by Section 813 of the Charter of the City of Santa Cruz.

ARTICLE IX. TRANSFER OF CITY FUNCTIONS
SECTION 901. TRANSFER OR CONSOLIDATION OF FUNCTIONS.

The Council may transfer or consolidate functions of the City government to or with appropriate functions of the State or County government, or may make use of such functions of the State or County government, and in case of any such transfer or consolidation the provisions of the Charter providing for the function of the City government so transferred or consolidated shall be deemed suspended during the continuance of such transfer or consolidation to the extent that such suspension is made necessary or convenient and is set forth in the ordinance or resolution establishing such transfer or consolidation. Any such transfer or consolidation may be repealed in like manner.

ARTICLE X. APPOINTIVE BOARDS AND COMMISSIONS
SECTION 1001. GENERAL.

The City Council shall have the power to establish such boards and commissions as shall be necessary for the effective accomplishment of municipal business. (Amended 11-4-86)
SECTION 1002. CREATION.

The boards or commissions provided for herein shall be established by charter, ordinance, resolution, or formal action of the City Council. The Council shall set forth the powers and duties of boards and commissions and shall establish the number, manner of appointment, and term of office of the members of the board or commission, provided, however, that the term of office shall not exceed four (4) years. (Amended 11-4-86)
SECTION 1003. REPEALED.
(Amended 11-4-86; Repealed 11-6-90)
SECTION 1004. APPROPRIATIONS.

The City shall include in its annual budget appropriations of sufficient funds for the efficient and proper functioning of the boards and commissions created pursuant to this article. (Amended 11-4-86)
ARTICLE XI. CIVIL SERVICE
SECTION 1101. MERIT PRINCIPLE.

Appointments and promotions of City Employees shall be made according to merit and fitness, to be ascertained, as far as practicable, by competitive examination.

SECTION 1113. REPEALED. (11-6-90)
SECTION 1102. REPEALED. (3-6-79)
SECTION 1103. REPEALED. (11-6-90)
SECTION 1104. REPEALED.
(Amended 11-4-86; Repealed 11-6-90)

15.65 CHARTER OF THE CITY OF SANTA CRUZ CALIFORNIA
21 SECTION 1106. REPEALED.
(Amended 3-6-79; Repealed 11-6-90)
SECTION 1108. REPEALED. (11-6-90)
SECTION 1109. REPEALED. (11-6-90)
SECTION 1110. REPEALED.
(Added 11-3-92; Repealed 11-3-98)
SECTION 1111. REPEALED.
(Amended 3-6-79; Repealed 11-6-90)
SECTION 1112. ABOLITION OF POSITIONS. LAYOFFS.

Whenever it becomes necessary, in the opinion of the City Council, to abolish an office or position, or to reduce the number of officers or employees in a given class in the Classified Service and to discharge the officer or officers, employee or employees holding such position or positions for economy reasons or any similar cause, the City Council may do so by stating in its proceedings its reasons therefor. Should such office or position or positions be reinstated or any office or position or positions involving substantially the same duties be created or filled within one year, the officer or officers, employee or employees discharged shall be appointed thereto.

All layoffs shall be governed by seniority in service and shall be in the reverse order of employment. Reemployment shall be in the reverse order of the layoffs.

SECTION 1114. REPEALED. (11-6-90)
SECTION 1116. REPEALED. (11-6-90)
SECTION 1118. ADOPTION OF RULES AND REGULATIONS.

The Civil Service System provided for by this article shall be implemented by such rules and regulations governing the administration thereof as are adopted by the Council. (Amended 11-6-90)
SECTION 1119. COMPULSORY ARBITRATION FOR FIRE DEPARTMENT EMPLOYEE DISPUTES.

It is hereby declared to be the policy of the City of Santa Cruz that strikes by firefighters are not in the public interest and should be prohibited, and that a method should be adopted for peacefully and equitably resolving disputes that might otherwise lead to such strikes.

If any firefighter employed by the City of Santa Cruz willfully engages in a strike against the City, said employee shall be dismissed from their employment and may not be reinstated or returned to City employment except as a new employee. No officer, board, council or commission shall have the power to grant amnesty to any employee charged with engaging in a strike against the City.

The City, through its duly authorized representatives, shall negotiate in good faith with the recognized fire department employee organization on all matters relating to the wages, hours, and other terms and conditions of City employment, including the establishment of procedures for the resolution of grievances submitted by either employee organization over the interpretation or application of any negotiated

15.66 CHARTER OF THE CITY OF SANTA CRUZ CALIFORNIA
22 agreement including a provision for binding arbitration of those grievances. Unless and until agreement is reached through negotiations between the City and the recognized employee organization for the fire department or a determination is made through the arbitration procedure hereinafter provided, no existing benefit or condition of employment for the members of the fire department bargaining unit shall be eliminated or changed.

All disputes or controversies pertaining to wages, hours, or terms and conditions of employment which remain unresolved after good faith negotiations between the City and the fire department employee organization shall be submitted to a three-member Board of Arbitrators upon the declaration of an impasse by the City or by the recognized employee organization involved in the dispute.

Representatives designated by the City and representatives of the recognized employee organization involved in the dispute, controversy or grievance shall each select one arbitrator to the Board of Arbitrators within three (3) days after either party has notified the other, in writing, that it desires to proceed to arbitration. The third member of the Arbitration Board shall be selected by agreement between the two arbitrators selected by the City and the employee organization, and shall serve as the neutral arbitrator and Chairman of the Board. In the event that the arbitrators selected by the City and the employee organization cannot agree upon the selection of the third arbitrator within ten (10) days from the date that either party has notified the other that it has declared an impasse, then either party may request the State of California Con­ciliation Service to provide a list of seven (7) persons who are qualified and experienced as labor arbitrators. If the arbitrators selected by the City and the employee organization cannot agree within three (3) days after receipt of such lists on one of seven (7) to act as the third arbitrator, they shall alternatively strike names from the list of nominees until only one name remains and that person shall then be­ come the third arbitrator and chairman of the Arbitration Board.

Any arbitration convened pursuant to this section shall be conducted in conformance with, subject, and governed by Title 9 of Part 3 of the California Code of Civil Procedure.

At the conclusion of the arbitration hearings, the Arbitration Board shall direct each of the parties to submit, within such time limit as the Board may establish, a last offer of settlement on each of the issues in dispute. The Arbitration Board shall decide each issue by majority vote by selecting whichever last offer of settlement on that issue it finds most nearly conforms with those factors traditionally taken into consideration in the determination of wages, hours, and other terms and conditions of public and private employment, including, but not limited to, changes in average consumer price index for goods and services, the wages, hours, and other terms and conditions of employment of other employees performing similar services, and the financial condition of the City and its ability to meet the cost of the award.

After reaching a decision, the Arbitration Board shall mail or otherwise deliver a true copy of its decision to the parties. The decision of the Arbitration Board shall not be disclosed and shall not be binding until ten (10) days after it is delivered to the parties.

During that ten-day period the parties may meet privately, attempt to resolve their differences, and by mutual agreement amend or modify any of the decisions of the Arbitration Board. At the conclusion of the ten-day period, which may be extended by mutual agreement be­ tween parties, the decision of the Arbitration Board together with any amendments or modifications agreed to by the parties shall be dis­ closed and shall be binding upon the parties. The City and the recognized employee organization shall take whatever action is necessary to carry out and effectuate the

15.67 CHARTER OF THE CITY OF SANTA CRUZ CALIFORNIA
23 award.

The expenses of any arbitration convened pursuant to this section, including the fee for the services of the Chairman of the Arbitration Board, shall be borne equally by the parties. All other expenses which the parties may incur individually are to be borne by the party incurring such expense.

This section does not apply to members of the Fire Department's Fire Management bargaining unit. (Added 3-26-96)
ARTICLE XIL. RETIREMENT
SECTION 1201. STATE SYSTEM.

The "Public Employees' Retirement System" (PERS), as it now exists or may hereafter be amended in the California Government Code, is hereby adopted for the City of Santa Cruz, and plenary authority and power are hereby vested in said City, its City Council and its several officers, agents and employees to do and perform any act, or exercise any authority granted, permitted, or required under the provisions of said Public Employees' Retirement System to enable said City to become or continue as a contracting City participating in the Public Employees' Retirement System; provided, however, that the City Council may terminate any contract entered into with the Board of Directors of the Public Employees' Retirement System only under authority granted by ordinance adopted by a majority vote of the electors of the City of Santa Cruz, voting on such proposition at an election at which such proposal is presented. (Amended 11-6- 90)SECTION 1202. ALLOWANCE FOR PRIOR SERVICE.

The provision heretofore made for death benefits and disability benefits for officers and employees within the retirement system for service prior to the effective date of the adoption of the employees' retirement system are hereby continued in effect.

ARTICLE XM. GENERAL PROVISIONS RELATING TO OFFICERS AND

EMPLOYEES
SECTION 1301. OFFICIAL BONDS.

The City Council shall fix by ordinance the amounts and terms of the official bonds of all officers or employees who are required by this Charter or by ordinance to give such bonds. All bonds shall be approved as to form by the City Attorney, and, with the exception of the bond of the City Clerk, shall be filed with the City Clerk. The Clerk's bond shall be filed with the City Manager. Premiums on official bonds shall be paid by the City.

In all cases wherein an employee of the City is required to furnish a faithful performance bond, there shall be no personal liability upon, or any right to recover against, the employee's superior officer or other officer or employee, or the bond of the latter unless such superior officer, or other officer or employee is a party to, or has conspired in the wrongful act causing directly or indirectly such loss. (Amended 11-3- 81)
SECTION 1302. REPEALED. (3-6-79)
SECTION 1303. REPEALED. (3-6-79)
SECTION 1304. DUTIES OF OFFICERS AND EMPLOYEES.

15.68 CHARTER OF THE CITY OF SANTA CRUZ CALIFORNIA
24 The City Council, by ordinance, may assign additional functions or duties to offices, departments or agencies established by this Charter, but may not discontinue or assign to any other office, department or agency any function or duty assigned by this Charter to a particular office, department or agency.

SECTION 1305. ADMINISTERING OATHS.

Each department head and deputy shall have the power to administer oaths and affirmations in connection with any official business pertaining to that department. (Amended 3-6-79)
SECTION 1306. DEPARTMENT HEADS. APPOINTMENT POWERS.

Each department head shall have the power to appoint and remove such deputies, assistants, subordinates and employees as are provided for by the City Council for that department upon the following conditions:
(a) Subject to the Civil Service Provisions of this Charter and the ordinances, rules and regulations promulgated thereunder; and
(b) Subject to approval of the City Manager being first had and received. (Amended 3-6-79; 11-6-90)
ARTICLE XIV. FISCAL ADMINISTRATION. BUDGET. TAXES.

SECTION 1401. FISCAL YEAR.

The fiscal year of the City shall commence upon the first day of July of each year, or at such other time as may be fixed by ordinance.

SECTION 1402. ANNUAL BUDGET.

On or before the second Monday in May of each year every officer, commission or board shall transmit to the City Manager detailed estimates of income and expenditures for the ensuing fiscal year. At or before the first regular meeting of the Council in June of each year, the City Manager shall transmit to the Council a detailed budget showing estimated revenues and expenditures of the City and all departments thereof for the ensuing fiscal year.

SECTION 1403. ADOPTION OF BUDGET. ANNUAL TAX LEVY.

Not later than the first regular meeting in July, the Council shall adopt a budget and fix the rate of City taxes to be levied and collected upon all property contained in the assessment roll of the Assessor. Such tax levy, after allowing an adequate percentage of the assessed valuation for delinquencies, shall be such as will yield sufficient revenue, together with other sources of income, for the financial needs of the City for the current fiscal year.

SECTION 1404. REPEALED. (11-6-90)
SECTION 1406. BONDS.

In addition to other taxes herein authorized or authorized by State law, the Council shall have the power to levy and collect taxes sufficient to pay the interest and principal of the bonded indebtedness of the City. (Amended 11-6-90) SECTION 1407. REPEALED. (11-6-90)
SECTION 1408. EMPLOYEES’ RETIREMENT SYSTEM TAX.

In addition to the tax rates hereinabove authorized, the Council shall have the power to levy and collect taxes at not to exceed thirty-five cents on each one hundred dollars

15.69 CHARTER OF THE CITY OF SANTA CRUZ CALIFORNIA
25 of such assessed value of all property for the creation and maintenance of the retirement system for officers and employees of this City within such retirement system.

SECTION 1409. DISBURSEMENT OF CITY MONEY.

Money shall be drawn from the Treasury only on warrants, as hereinafter prescribed, signed by such officer or officers as the Council may designate. The Director of Finance shall examine all payrolls, bills, invoices, demands or other charges against the City, and shall issue no warrant for payment unless the claim, demand or charge is in proper form, correctly computed, and approved, is legally due and payable, and appropriation has been made therefor which has not been exhausted, and unless there is sufficient money in the Treasury to make payment. Warrants drawn in payment of demands or charges conforming to budget appropriations shall be approved by the City Manager prior to payment; all other claims, demands or charges shall require the approval of the Council prior to payment.

SECTION 1410. CHANGES IN BUDGET APPROPRIATIONS.

The City Manager and Director of Finance shall see that each department and officer of the City shall operate such department or office in accordance with the annual budget appropriations thereof, as nearly as may be. Any appropriation may be changed during the budget year by resolution of the Council upon application of the appropriate department head or the City Manager. If at any time the City Manager shall ascertain that available income for the year will probably be less than the total appropriations thereof, the City Manager shall recommend to the City Council curtailments of departments and offices necessary to avoid expenditures in excess of adjustments of appropriations of income and the Council shall, by resolution, make necessary changes in any appropriations. (Amended 11-3-81) SECTION 1411. TRANSFER OF APPROPRIATIONS.

Upon the recommendation of the City Manager, or with the City Manager’s consent, the Council may, by resolution at any time, transfer funds from the unbudgeted reserve to any department or office that the Council may approve. (Amended 3-6-79) SECTION 1412. LIMITATION ON EXPENDITURES.

No department or officer shall, during any budget year, expend or contract for, or incur any liability which involves the expenditure of money for any purpose in excess of the amounts appropriated therefor. Any contract, written or verbal, in violation of this Charter, shall be null and void. Any officer or employee who shall violate this Section shall be guilty of a misdemeanor and upon conviction thereof shall cease to hold such office or employment. Nothing in this Section, however, shall prevent the making of contracts of lease or for services for a period beyond the budget year in which such contract was made, when such contract is otherwise permitted by law.

SECTION 1413. LAPSE OF APPROPRIATIONS.

All appropriations shall lapse at the end of the fiscal year to the extent that they shall not have been expended or lawfully committed, and unexpended funds shall then revert to or become part of the general fund of the City, except such appropriations as are required by law to be continuously so appropriated from year to year. (Amended 3-6-79)
SECTION 1414. COMPETITIVE BIDDING.

Before making purchases of or contracts for, supplies, materials or equipment, ample opportunity shall be given for competitive bidding, under such rules and regulations and with such exceptions as the Council may prescribe in the ordinance setting up

15.70 CHARTER OF THE CITY OF SANTA CRUZ CALIFORNIA
26 such rules and regulations.

SECTION 1415. CONTRACTS FOR PUBLIC WORKS.

Any public works or improvements costing more than such amount as may be prescribed by ordinance shall be executed by contract, except where a specific work or improvement is authorized by the Council to be performed directly by a City department or officer in conformity with detailed plans, specifications and estimates.

Notwithstanding any provision to the contrary in the California Public Contracts Code, or any other law or regulation of the City of Santa Cruz, the use of best value alternative project delivery methods including, but not limited to, progressive designbuild, construction manager at risk, fixed-price design-build, and design-build-operate contracts is authorized for all public works projects. The City Council shall establish, by ordinance, regulations for the award, use and evaluation of such contracts.

All contracts entered into by the City shall be signed by the City Manager or other officer or officers as the Council may by ordinance or resolution prescribe. (Amended 11-4-86; 11-6-90; 3-3-20)
SECTION 1416. ACCOUNTING CONTROL OF CONTRACTS AND PURCHASES.

All contracts or purchase orders for public works not governed by Section 1415, and for purchases of supplies, materials, or equipment shall be executed by the City Manager or the City Manager’s designee and shall be pursuant to a written requisition from the department head or officer whose appropriation will be charged therefor, and no contract or purchase order shall be issued to any vendor or supplier unless and until the Director of Finance certifies that there is to the credit of such department or office a sufficient unencumbered appropriation balance to pay for the supplies, materials, equipment, or contractual services, for which the contract or purchase order is to be issued. (Amended 11-6-90)
SECTION 1417. CONTRACTS BASED ON BOND ISSUES.

No contract shall be executed for the acquisition of any property or the construction of any improvement or betterment to be financed by the issuance of bonds, until the ordinance authorizing the issuance thereof shall have been adopted, and any contract executed prior thereto shall be unenforceable.

SECTION 1418. BONDED DEBT LIMIT.

The City shall not incur an indebtedness evidenced by general obligation bonds which shall in the aggregate exceed the sum of fifteen percent (15%) of the total assessed valuation for purposes of City taxation, of all the real and personal property within the City, exclusive of any indebtedness that has been or may hereafter be incurred for the purposes of acquiring, constructing, extending or maintaining municipal utilities for which purpose a further indebtedness may be incurred by the issuance of bonds, subject only to the provisions of the State Constitution and of this Charter.

SECTION 1420. TAX ANTICIPATION NOTES.

During any fiscal year, in anticipation of collection of property taxes for such year, whether levied or to be levied therein, the Council may, by resolution, authorize the borrowing of money upon negotiable promissory notes of the City, each of which shall be designated, "Tax anticipation note for the year" (stating the fiscal year). Such notes may be issued for periods not exceeding one year, and may be renewed from time to time within such year, and all such notes shall mature and be paid not later than the end of the fiscal year in which they were originally issued. The total amount of such tax anticipation notes in any fiscal year shall not exceed thirty percent of the amount of property tax levied in that year for City purposes.

15.71 CHARTER OF THE CITY OF SANTA CRUZ CALIFORNIA
27 SECTION 1421. SALE OF NOTES.

All promissory notes issued pursuant to this article may be sold at not less than par and accrued interest at private sale without previous advertisement.

SECTION 1422. PAYMENT OF NOTES.

Any note may be made payable prior to maturity at the option of the City. The power and obligation of the City to pay any and all notes hereby authorized shall be unlimited, and the City shall levy ad valorem taxes on all taxable property within the City for payment of the principal and interest of such notes without limitation of rate or amount.

The faith and credit of the City is hereby pledged for the payment of the principal and interest of all notes of the City hereafter issued pursuant to this article, whether or not so stated in any such note.

SECTION 1423. GENERAL RESERVE ACCOUNT.

As soon as practical the Council shall establish and thereafter maintain a permanent revolving account to be known as the General Reserve Account, for the purpose of keeping the payment of the current expenses of the City on a cash basis. When established said account shall be maintained in an amount sufficient to meet all legal demands against the treasury for the first five months or other necessary period of each fiscal year prior to the receipt of taxes. The Council shall have power to transfer from the General Reserve Account to any other account or fund such sum or sums as may be required to place such account or fund, as nearly as possible, on a cash basis.

It shall be the duty of the Council to provide that all moneys so transferred from the General Reserve Account be returned thereto at or be­ fore the end of the fiscal year in which such transfers are made; provided, that in any fiscal year in which the total balance in said General Reserve Account exceeds forty percent of the total amount of the general budget for that year, the Council may appropriate such excess for any City purpose without returning same.

SECTION 1424. PUBLIC SERVICE DEPARTMENTS' DEPRECIATION FUNDS.

The Council shall annually set aside from the net income of each of its revenue producing public utilities (after providing for the payment of principal, interest, reserve fund, and sinking fund requirements of any revenue bonds and for maintenance and operation of such public utility), as a separate depreciation fund for each of them, a sum which, according to the estimate of the City Manager, and approved by the Council, shall be sufficient to meet the normal depreciation of such public utility. Such depreciation funds shall be used only for the replacement, betterment and extension of the plants, facilities and equipment of said public utilities respectively, and for the payment of principal of and interest on, or retirement prior to maturity of, any bonds of the City to the extent that proceeds thereof have been applied to such replacement, betterment or extension. None of the surplus earnings of any such public utility, including the sewer and sewage disposal system, shall be transferred from any such public utility without a majority vote of the qualified electors of the City at an election at which such a proposition shall be submitted to them; provided, however, that while Ordinance No. 1497, or any amendment thereof is in effect, revenue of the City water system may be used as therein prescribed; provided, further, that surplus funds of the water department may be borrowed for temporary replenishment of the general fund of the City during the first five months of any fiscal year by a vote of five members of the Council, but all sums so borrowed must be re­ paid during the same fiscal year in which such borrowing occurs.

SECTION 1425. DEPARTMENTAL TRUST FUND.

The City Council may prescribe by ordinance for the setting up of a Finance Departmental Trust Fund into which the collections of the Police Department, License

15.72 CHARTER OF THE CITY OF SANTA CRUZ CALIFORNIA
28 Collector, Building Officer, or other departments or officers, may be deposited by the respective officers at frequent intervals during each month, with the advice of each deposit being furnished to the Director of Finance.

Withdrawals from such fund may be made by the Director of Finance only on order signed by the proper department head and only for the following purposes:
(a) The making of refund of bail which has been exonerated, or of other refundable deposits, revolving fund advances authorized by the City Council, or for the correction of clerical or ministerial errors in the receipt of payments to the City; and (b) The making of settlements with City funds at the end of each calendar month for collections accumulated during such month. (Amended 3-6-79) SECTION 1427. PROFESSIONAL AUDIT.

At the beginning of each fiscal year the City Council shall employ a qualified public accountant who shall, from time to time during such year, examine the books, records, inventories, and reports of all officers and employees who receive, handle or disburse public funds, and of such other officers, employees, or departments as the City Council may direct. At the end of the year a final audit and report shall be submitted to the City Manager, the City Clerk, the City Attorney, additional copies to be placed on file in the office of the City Clerk and on the City’s Internet web page, and available for inspection by the public.

SECTION 1428. CITY PROPERTY.

The rights of the City in and to the waterfront and tidelands vested in it in fee or in trust, are inalienable, unless authorized by the affirmative vote of the majority of the qualified electorate of the City of Santa Cruz. Other City property in use for a public purpose shall be inalienable, except for the same or another public purpose, unless authorized by the affirmative vote of a majority of the qualified electors of the City voting on the proposition, except such other property as may be determined by the affirmative vote of five (5) members of the Council to be no longer necessary for public purposes.

SECTION 1429. WATER SYSTEM INALIENABILITY.

The Council shall never sell, lease, assign, convey, mortgage, or hypothecate the water system, or any part thereof, unless authorized so to do by majority vote of the qualified electorate of the City of Santa Cruz; provided, however, that property determined by the affirmative vote of five (5) members of the Council to be surplus, and not necessary as a part of the operating water system, may be disposed of.

Nothing in this Section shall be construed to limit the authority of the City to issue notes, bonds or other obligations pursuant to its municipal affairs powers as a charter city to finance improvements to the water system, which are secured by a pledge of the revenues derived from the water system. (Amended 11-8-16 [Measure H]) SECTION 1430. REPEALED.
(Added 11/7/2006; repealed by judicial decision, April 20, 2007) SECTION 1431. VOTER APPROVAL FOR DESALINATION PROJECTS.

1. Purpose. The purpose of this section is to enact a comprehensive policy ensuring that the City of Santa Cruz does not approve, permit, or fund a desalination project without voter approval. Accordingly, this would require an affirmative vote by a simple majority of Santa Cruz voters at a statewide general, statewide primary, or regularly scheduled municipal election before any such desalination project could be implemented.

15.73 CHARTER OF THE CITY OF SANTA CRUZ CALIFORNIA
29 2. Findings. The citizens of the City of Santa Cruz find:
(a) that the proposal to construct and operate a desalination facility raises serious economic, environmental, and community concerns of such importance that a decision to approve such a project should not be made unless approved by a majority of voters at a statewide general, statewide primary, or regularly scheduled municipal election.
(b) that the City has already spent millions of dollars in pursuit of desalination without a public vote or rate payer approval. According to the City Urban Water Management Plan, “The current estimated cost for design, permitting, property acquisition and construction of a regional desalination plant between 2010 and 2018 is approximately $116 million.” Ratepayers will pay many millions more in debt service, operation, and maintenance.
(c) that there are less costly and less environmentally damaging alternatives to desalination. These include, but are not limited to, effective water-neutral development policies, increased incentives for conservation, operational improvements to the reservoir system, infrastructure upgrades, leak detection, increased water storage capacity, water recycling, plumbing fixture and appliance retrofits, drought-tolerant landscaping, gray water irrigation, rainwater harvesting, water transfers between districts, and watershed restoration.
(d) that implementation of a comprehensive program of alternatives to desalination would provide significant public benefits by supplying water at less cost to rate payers, with less damage to the environment, using far less energy, and would also help to create local jobs and business opportunities.

3. Voter Approval for Desalination Projects.
(e) Voter Approval. Notwithstanding any other provision of this Charter, no legislative action by the City that would authorize or permit the construction, operation, and/or acquisition of a desalination project, or that would incur any bonded or other indebtedness for that purpose, shall be valid or effective unless such action is authorized by an affirmative vote of a majority of qualified electors in the City of Santa Cruz voting on the question at a statewide general, statewide primary, or regularly scheduled municipal election. Provided that it has first fully complied with the California Environmental Quality Act, Public Resources Code section 21000, et seq., the City Council may put the question of approval of such action before the voters at a statewide general, statewide primary, or regularly scheduled municipal election according to any procedure authorized by this Charter.
(f) Definitions.
(1) As used in this section, “legislative action” means adoption of or amendments to the City’s General Plan, Zoning Map, Zoning Code, Municipal Code, or approval of a development agreement, or any other act by the City Council that is legislative in nature.
(2) As used in this section, “desalination project” means any project intended to provide potable domestic, commercial, and/or industrial water supply through the removal of salts and other minerals from ocean water,

15.74 CHARTER OF THE CITY OF SANTA CRUZ CALIFORNIA
30 regardless of the physical or chemical process used.

4. Interpretation and Severability. This Charter Amendment shall be interpreted so as to be consistent with all federal and state laws, rules, and regulations. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, part, or portion of this Charter Amendment is held to be invalid or unconstitutional by a final judgment of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Charter Amendment. The voters hereby declare that this Charter Amendment, and each section, subsection, paragraph, subparagraph, sentence, clause, phrase, part, or portion thereof would have been adopted or passed even if one or more sections, subsections, paragraphs, sub-paragraphs, sentences, clauses, phrases, parts, or portions are declared invalid or unconstitutional. If any provision of this Charter Amendment is held invalid as applied to any person or circumstance, such invalidity shall not affect any application of this Charter Amendment that can be given effect without the invalid application. This Charter Amendment shall be broadly construed in order to achieve the purposes stated in this Charter Amendment. It is the intent of the voters that the provisions of this Charter Amendment shall be interpreted by the City in a manner that facilitates the purposes set forth in Section 1 of this Charter Amendment.

5. Effect of Alternative Measure on Same Ballot. This Charter Amendment adopts a comprehensive policy for protection the City of Santa Cruz’s neutral environment, coastal resources, public infrastructure, and municipal finances from being utilized for a desalination project without prior approval by City voters. By voting for this Charter Amendment, the voters expressly declare that any other measure that appears in the same ballot as this Charter Amendment and conflicts with, or purports to amend, any provision of this Charter Amendment, shall be deemed to conflict with the entire set of policies adopted by this Charter Amendment. Because of this conflict, if this Charter Amendment and any such other measure receive a majority of votes by the voters voting thereon at the same election, then the measure receiving the most votes in favor shall prevail in its entirety and no provision of the other measure shall take effect.

6. Retroactive Application. In the event this Charter Amendment is adopted by the voters, its provisions shall apply retroactively as of the date the measure was found to have qualified for placement on the ballot. (Added 12/11/2012) SECTION 1432. CITY OF SANTA CRUZ CHILDREN’S FUND.

1. Children’s Fund Established. The “Santa Cruz Children’s Fund” is hereby established within the City’s General Fund.

2. The goals of the Santa Cruz Children’s Fund are to support enhancement and expansion of evidenced-based programs to prioritize access to early childhood development, prevention, and vulnerable youth programs, without supplanting existing City of Santa Cruz services or investments.

3. Notwithstanding any other provision of law, effective July 1, 2022, the Santa Cruz Children’s Fund shall receive funds from the City’s General Fund equivalent to twenty percent (20%) of the City of Santa Cruz’s audited total actual annual unrestricted revenues derived from the City’s Cannabis Business tax. The annual amount of revenue for the next fiscal year shall be estimated by the City Manager no later than January 15 of each year, beginning January 15, 2022. Twenty percent (20%) of the estimated amount of the City’s unrestricted Cannabis Business Tax revenue for the next fiscal year shall be deposited in the Fund no later than July 1

15.75 CHARTER OF THE CITY OF SANTA CRUZ CALIFORNIA
31 of each year. The Director of Finance shall publish the audited actual amount of Cannabis Business Tax revenues for the prior fiscal year not later than January 15 of each subsequent year, beginning January 15, 2022. Differences between the amount of estimated revenues deposited in the Fund and the audited actual amount of revenues for a fiscal year shall be reconciled by an adjustment in the amount deposited in the Fund for the following fiscal year.

4. Monies in the Santa Cruz Children’s Fund shall be appropriated by the City Council to support enhancement and expansion of evidenced-based programs to prioritize access to early childhood development, youth prevention, and vulnerable youth programs. The City Council shall designate a community oversight panel to make recommendations on the use of future revenues in a manner consistent with this Section which may include, but shall not be limited to, representatives of the following:

A. The City’s Parks and Recreation Commission;
B. The Santa Cruz City School District;
C. First Five Santa Cruz;
D. Youth Organizations;
E. The City Council.

5. Monies in the Santa Cruz Children’s Fund shall not be appropriated or expended for:

A. any service which merely benefits children and youth incidentally; B. acquisition, lease, or maintenance of any capital item or real property not for primary and direct use by children and youth; or
C. any service for which a fixed or minimum level of expenditure is mandated by state or federal law, to the extent of the fixed or minimum level of expenditure. (Added 11/2/2021 [Ord. 2021-22 § 4])
ARTICLE XV. FRANCHISES
SECTION 1503. GRANTING OF FRANCHISES.

The City Council is empowered to grant by ordinance a franchise to any person, firm or corporation empowered by law to furnish the City and its inhabitants with transportation, communication, terminal facilities, water, light, heat, power, refrigeration, storage or any other public utility or service to use the public streets, ways, alleys and places as the same now or may hereafter exist, for the construction and operation of plants, works, or equipment necessary or convenient for the furnishing thereof, or necessary or convenient for traversing any portion of the City for the transmitting or conveying of any service elsewhere. The City Council may prescribe the terms and conditions of any such grant. It may also provide, by procedural ordinance, the method of procedure and additional terms and conditions for making such grants, subject to the provisions of this Charter.

SECTION 1504. RESOLUTION OF INTENTION, NOTICE AND PUBLIC HEARING.

Before granting any franchise, the City Council shall pass a resolution declaring its intention to grant the same, stating the name of the proposed grantee, the character of the franchise and the terms and conditions upon which it is proposed to be granted.

Such resolution shall fix and set forth the day, hour and place when and where any persons having any interest therein or any objection to the granting thereof may appear before the City Council and be heard thereon. It shall direct the City Clerk to publish said resolution at least once within fifteen (15) days of the passage thereof, in the official newspaper. The time fixed for such hearing shall not be less than twenty

15.76 CHARTER OF THE CITY OF SANTA CRUZ CALIFORNIA
32 (20) nor more than sixty (60) days after the passage of said resolution.

At the time set for the hearing, the City Council shall proceed to hear and pass upon all protests and its decision thereon shall be final and conclusive. Thereafter, it may grant, or deny, the franchise, subject to the right of referendum of the people.

SECTION 1505. TERM OF FRANCHISE.

Every franchise shall state the term for which it is granted, which, unless it be indeterminate as provided for herein, shall not exceed thirty-five (35) years.

A franchise grant may be indeterminate, that is to say, it may provide that it shall endure in full force and effect until the same, with the consent of the Public Utilities Commission of the State of California, shall be voluntarily surrendered or abandoned by its possessor, or until the State of California, or some municipal or public corporation, thereunto duly authorized by law, shall purchase by voluntary agreement or shall condemn and take, under the power of eminent domain, all property actually used and useful in the exercise of such franchise and situate within the territorial limits of the State, municipal or public corporation purchasing or condemning such property, or until the franchise shall be forfeited for noncompliance with its terms by the possessor thereof.

SECTION 1506. EMINENT DOMAIN.

No franchise grant shall in any way or to any extent impair or affect the right of the City to acquire the property of the grantee thereof, either by purchase or through the exercise of the right of eminent domain, and nothing herein contained shall be construed to contract away or to modify or to abridge either for a term or in perpetuity the City’s right of eminent domain with respect to any public utility. Every franchise grant shall reserve to the City the right to purchase the property of such utility either at an agreed price or a price to be determined in the manner provided for by the General Laws of this State.

SECTION 1507. DUTIES OF GRANTEE.

By its acceptance of any franchise here under, the grantee shall covenant and agree to perform and be bound by each and all of the terms and conditions imposed in the grant or by procedural ordinance, and shall further agree to:
(a) Comply with all lawful ordinances, rules and regulations theretofore or thereafter adopted by the City Council in the exercise of its police power, governing the construction, maintenance and operation of its plants, works and equipment;
(b) Pay to the City on demand the cost of all repairs to public property made necessary by any of the operations of the grantee under such franchise; (c) Indemnify and hold harmless the City and its officers from any and all liability for damages proximately resulting from any operations under such franchise; (d) Remove and relocate without expense to the City any facilities installed, used and maintained under the franchise if and when made necessary by any lawful change of grade, alignment or width of any public street, way, alley or place, including the construction of any subway or viaduct; and (e) Pay to the City during the life of the franchise, if operative wholly within the City, a percentage, to be specified in the grant, of the gross annual receipts of the grantee within the limits of the City, or such other compensation as the City

15.77 CHARTER OF THE CITY OF SANTA CRUZ CALIFORNIA
33 Council may prescribe in the grant, or for a franchise to a public utility operating within and without the City such compensation as may be provided by the General Laws of the State.

ARTICLE XVI. SCHOOL DEPARTMENT REPEALED. (3-3-20)
ARTICLE XVII. MISCELLANEOUS
SECTION 1701. DEFINITIONS.

Unless the provision or the context otherwise requires, as used in this Charter:
(a) “Shall” is mandatory, and “may” is permissive.

SECTION 1702. VIOLATIONS.

The violation of any provision of this Charter shall be deemed an infraction, or a misdemeanor punishable upon conviction by a fine or imprisonment or both up to the maximum penalty provided for by California Penal Code. (Amended 11-6-90) SECTION 1703. VALIDITY.

If any provision of this Charter, or the application thereof to any person or circumstance is held invalid, the remainder of the Charter, and the application of such provision to other persons or circumstances, shall not be affected thereby.

15.78 CHARTER OF THE CITY OF SANTA CRUZ CALIFORNIA
34 CHARTER INDEX
– A –

APPOINTIVE BOARDS AND COMMISSIONS
Appropriating funds § 1004
Council power to establish § 1001
Creation § 1002

ARBITRATION
Required for fire department employee disputes § 1119

ATTORNEY, CITY
Appointment, powers, duties § 812
– B –
BOARDS
Appointive boards
creation and establishment § 1002
generally § 1001

BOUNDARIES
Designated § 201
– C –
CHILDREN’S FUND
Established, use § 1432
CITY
Council
See COUNCIL, CITY
Eminent domain § 1506
Functions, transfer § 901
Government, form § 501
Name designated § 101
Powers § 401
Procedures § 402
Property rights § 1428

CIVIL SERVICE
Abolition of positions § 1112 Layoffs § 1112
Merit principle § 1101
Rules, regulations adoption § 1118

15.79 CHARTER OF THE CITY OF SANTA CRUZ CALIFORNIA
35 CLERK, CITY
Powers, duties § 811
Publication of ordinances § 613

COMMISSIONS
Appointive commissions
creation and establishment § 1002
generally § 1001

CONTRACTS
See FINANCE

COUNCIL, CITY
City Manager
interference prohibited § 809
seat at council table § 807
General reserve account establishment § 1423
Meetings
place held § 616
regular § 614
Members
See also OFFICERS, CITY
qualifications § 602
salary § 603
Number, term § 601
Ordinances
See ORDINANCES
Powers § 606
Presiding officer, mayor § 604
Proceedings § 617
Quorum § 617
Vacancies § 605
Voting § 607
– D –

DEFINITIONS
§ 1701

DIRECTOR OF FINANCE
See FINANCE
– E –

15.80 CHARTER OF THE CITY OF SANTA CRUZ CALIFORNIA
36 ELECTION
Canvass of returns § 704
Districts
division § 708
territory not specifically described § 709
Initiative, referendum, recall § 706
Mail ballot § 707
Municipal
general § 701
special § 702
Nomination petitions, voter residency requirement § 710 Procedure for holding § 705
Two round system § 711

EMINENT DOMAIN
City’s right § 1506

EMPLOYEE, CITY
See also CIVIL SERVICE
Department head
administering oaths § 1305
appointment powers § 1306
Duties § 1304
Official bonds § 1301
Retirement
See RETIREMENT
Rights preserved § 303
– F –

FINANCE
Appropriations
changes § 1410
lapse § 1413
transfer § 1411
Audit, professional § 1427
Bidding, competitive § 1414
Bonded debt limit § 1418
Bonds § 1406
Budget
adoption § 1403

15.81 CHARTER OF THE CITY OF SANTA CRUZ CALIFORNIA
37 annual § 1402
appropriation changes § 1410
City
money disbursement § 1409
property rights § 1428
Contracts
accounting control of § 1416
based on bond issues § 1417
public works § 1415
Director, powers, duties § 813
Expenditure limitation § 1412
Fiscal year designated § 1401
Funds
departmental trust § 1425
depreciation, public service department § 1424
General reserve account established § 1423
Notes
payment § 1422
sale § 1421
tax anticipation § 1420
Purchases, accounting control of § 1416
Tax
annual levy § 1403 anticipation notes § 1420
employees retirement system § 1408
Voter approval for desalination projects § 1431
Water system inalienability § 1429

FIRE DEPARTMENT
Compulsory arbitration for employee disputes § 1119

FRANCHISE
Eminent domain § 1506
Grantee duties § 1507
Granting § 1503
Intention resolution, notice, public hearing § 1504
Term § 1505
– M –

MAIL BALLOT
Procedures § 707

15.82 CHARTER OF THE CITY OF SANTA CRUZ CALIFORNIA
38 MANAGER, CITY
Appointment § 804
City Council
interference prohibited § 809
seat at council table § 807
Powers, duties § 806
Pro-Tem § 805
– N –

NAME OF CITY
Designated § 101
– O –

OFFICERS, CITY
Appointive
designated, appointment, removal § 801
others § 802
Department head
administering oaths § 1305
appointment powers § 1306
Duties § 1304
Elective
See COUNCIL, CITY
Official bonds § 1301
Rights preserved § 303

ORDINANCES
Adoption, introduction, alteration § 608
Authentication § 610
Codification § 618
Council voting § 607
Effective date § 611
Emergency § 612
In effect, continued § 302
Publication § 613
Repeal, amendment § 609
Violation, penalty § 619

15.83 CHARTER OF THE CITY OF SANTA CRUZ CALIFORNIA
39 – R –

RETIREMENT
Prior service, allowance for § 1202
System
state § 1201
tax
See FINANCE
– S –

SUCCESSION
Rights, liabilities retained § 301
– T –
TAX
See FINANCE
– V –

VALIDITY
§ 1703

VIOLATIONS, PENALTY
§ 1702

15.84 City Charter
Proposed
Amendments
2nd Public Hearing

15.85 Requirements
Government Code 34458 Requires:
• Three Public Meetings, two of which are public hearings • First two hearings must be 30 days apart and one must be after business hours

15.86 Timeline
The deadline to place items on the November ballot is August 7, 2026, therefore, Council would need to complete this three-step process no later than June 23rd, due to the July recess.

TIMELINE
April 14, 2026 First Public Hearing CompletedMay 26, 2026 Second Public Hearing Consider amendments Adopt a resolution to place on the November 2026 ballot June 23, 2026 Public Meeting

15.87 Proposed
Changes
Administrative changes:• Change layout• Reformat Table of Contents• Apply gender-neutral language throughout• General typo corrections

15.88 Proposed
Changes
(continued)
Section 601 Council, Number, Term. Subsections (b) and (c). Update subsections (b) and (c). In the event one candidate receives 50% +1 of the votes at the Primary election, the language “The term shall commence ay the date of the City Council meeting following the election” is no longer accurate.

15.89 Proposed
Changes
(continued)
Section 602: Qualifications. Clean up for clarity. Add language related to residency requirement.

15.90 Proposed
Changes
(continued)
Section 603: Salary. Delete specific dollar amount to prevent confusion.

15.91 Proposed
Changes
(continued)
Section 604: Presiding Officer – Mayor. Subsection (f)Change Vice Mayor elections to occur at the regular meeting of December.

15.92 Proposed
Changes
(continued)
Section 605: Council Vacancies. Change to “During the next election cycle” to align with the change to candidate elections occurring at the Primary election.

15.93 Proposed
Changes
(continued)
Section 607. Voting. Change roll-call vote to be required.

15.94 Proposed
Changes
(continued)
Section 608. Ordinances Clean up language for clarity.

15.95 Proposed
Changes
(continued)
Section 613. Publication of Ordinances. Clean up for clarity.

15.96 Proposed
Changes
(continued)
Section 614. Regular Meetings. Change from at least two meetings each month to at least one meeting.Feedback received via email:• Change to read: two meetings per month minimum excluding the July summer holiday and December holidays.

15.97 Proposed
Changes
(continued)
Section 701. General Municipal Elections. Update to align this section with election changes made with Measure E.

15.98 Proposed
Changes
(continued)
Section 711. Two Round Election System. Delete subsection (c) This subsection applies only to the 2022 election and is not relevant to future elections.

15.99 Proposed
Changes
(continued)
Section 801. Appointment and Removal.Delete City Clerk, as the position is appointed by the City Manager.

15.100
Proposed
Changes
(continued)
Section 804. City Manager. Appointment. Delete requirement for the City Manager to reside in the City.Feedback received via email:• Change to read: we highly recommend the City Manager live in the city. Or within X miles from the city.

15.101
Proposed
Changes
(continued)
Section 806. City Manager. Powers and Duties. Subsection (a)

15.102
Proposed
Changes
(continued)
Section 813. Director of Finance. Power and Duties.Subsection (b): Fix typo.Subsection (e): Change from monthly to annual.

15.103
Proposed
Changes
(continued)
Section 1002. Creation. Add other options for creating boards or commissions.

15.104
Recommendation Motion to direct staff to return to the City Council at the June 23, 2026, meeting with a resolution calling an election to place a measure on the November ballot.

15.105
Questions?

15.106
City Council

AGENDA REPORT
DATE: 05/07/2026
AGENDA OF: 05/26/2026
DEPARTMENT: Human Resources
SUBJECT: Public Posting of Vacant Funded Positions and Recruitment and Retention Efforts in Compliance with Assembly Bill 2561 (AB 2561) (HR) LOCATION: Citywide
RECOMMENDATION: Receive the information report on the City of Santa Cruz Vacancies and Recruitment and Retention Efforts Pursuant to Government Code Section 3502.3.

BACKGROUND: Assembly Bill 2561 (AB 2561), signed into law on September 30, 2022, and effective January 1, 2025, amends Government Code § 3502.3 to require all public employers, including cities, counties, and special districts, to publicly disclose information about funded, vacant positions.

The legislation is intended to promote government transparency and support the collective bargaining process by ensuring that bargaining representatives and the public have access to accurate vacancy data.

Beginning January 1, 2025, all public agencies subject to the Meyers-Milias-Brown Act (MMBA), including the City of Santa Cruz, are required to present the status of vacancies and recruitment and retention efforts during a public hearing before the governing board at least once per fiscal year. This new obligation requires public agencies to track job vacancies at the agency and present information such as the number of posted job openings, candidates interviewed, eligibility lists created, conditional offers made, etc., and the agency’s recruitment and retention efforts. This mandate aligns with the City’s data-driven approach to decision-making and is a welcome requirement related to data and reporting.

During the hearing, changes to policies, procedures, and recruitment activities that may lead to obstacles or negatively impact the hiring process will also be shared, if any are present.

Per the law, the presentation must be made prior to the adoption of a final budget if the governing body will be adopting an annual or multiyear budget during the fiscal year.

Finally, recognized employee organizations for a bargaining unit shall also be entitled to make a presentation at the public hearing at which the public agency presents the status of vacancies and recruitment and retention efforts for positions within that bargaining unit.

16.1 DISCUSSION: The City of Santa Cruz has seven bargaining groups with budgeted positions including:

1. Firefighters Local 1716 (Local 1716)

2. Fire Management Association (FMA)

3. Operating Local Engineers, Chapter 3, Mid-Management (OE3 Mid-Mgmt)

4. Operating Local Engineers, Chapter 3, Supervisory (OE3 Supervisors)

5. Police Officer’s Association (POA)

6. Police Management Association (PMA)

7. Service Employees International Union (SEIU)
The status of vacancies by bargaining group as of March 9, 2026 is as follows:

Group Total Vacant Total Budgeted
Positions
Vacancy Rate
FMA 0 14 0.00%
Local 1716* 2 57 3.51%
OE3 Mid-Mgmt 17.25 208.5 8.27%
OE3 Supervisors 8 94 8.51%
PMA 1 7 14.29%
POA* 20 103 19.42%
SEIU 45.85 481.225 9.53%
*Note: Unfunded positions not included.

Historically, the State of California has held a 10% vacancy rate; vacancy rates vary significantly by county and likely have varied over time within the City. Due to reporting limitations, data as to long-standing historic vacancy rates for all City classifications is limited at this time. The following provides further detail regarding the types and number of classifications that were vacant as of March 9, 2026. The date of March 9, 2026 was selected to ensure consistency with the last data date of April 3, 2025. Vacancy rates show minimal changes as outlined below except for PMA and POA.

16.2 The PMA change reflects the vacancy of a singular position, and the role is actively in recruitment. Vacancy rates include the following vacant classification:

Local 1716:

Classification Vacant
Total
Budgeted Vacancy Rate
FIREFIGHTER 1 20 5.00%
FIREFIGHTER- 40/HR 1 1 100%
OE3 Mid-Mgmt:

Classification Vacant
Total
Budgeted Vacancy Rate
ASSOCIATE PROFESSIONAL ENGINEER 2 8.75 22.86%
DATA ANALYST II 1 1 100.00%
ENGINEERING ASSOCIATE 2 6 33.33%
GIS ANALYST III 1 1 100.00%

HOMELESSNESS RESPONSE SHELTER &
OUTREACH SPECIALIST II 0.25 3.25 7.69%
HUMAN RESOURCES ANALYST II 1 6 16.67%
HUMAN RESOURCES MANAGER 1 2 50.00%
IT BUSINESS SYSTEMS ANALYST II 1 1 100.00%
IT MANAGER 1 4 25.00%
LIBRARIAN I/II 3 26 11.54%
PRINCIPAL MGMT ANALYST 1 15 6.67%
PROGRAM ANALYST II 1 6 16.67%
PUBLIC WORKS OPERATIONS MGR 1 2 50.00%
SENIOR PROFESSIONAL ENGINEER 1 6 16.67%

16.3 OE3 Supervisors:

Classification Vacant
Total
Budgeted Vacancy Rate
LIBRARY ASSISTANT III 3 12 25.00%
LT_ASST URBAN FORESTER 1 1 100.00%
QA/QC LABORATORY CHEMIST 1 1 100.00%
SUPERVISING BUILDING INSPECTOR 1 1 100.00%
SUPERVISING PLANS EXAMINER 1 1 100.00%
WW COLLECTION FIELD CREW LDR 1 2 50.00%
POA:

Classification Vacant
Total
Budgeted Vacancy Rate
COMMUNITY SERVICE OFFICER I 6 15 40.00%
POLICE OFFICER 9 67 13.43%
POLICE OFFICER TRAINEE 1 5 20.00%
POLICE SERGEANT 4 15 26.67%
PMA:

Classification Vacant
Total
Budgeted Vacancy Rate
DEPUTY POLICE CHIEF 1 2 14.29%
POLICE LIEUTENANT 0 5 0.00%
SEIU:

Classification Vacant
Total
Budgeted Vacancy Rate
ADMINISTRATIVE ASSISTANT II 4.5 21.4 21.03%
ADMINISTRATIVE ASSISTANT III 2 9 22.22%
ASSISTANT ENGINEER II 2 11 18.18%
BUILDING MAINTENANCE WORKER II 1 4 25.00%
ENVIRONMENTAL COMPLIANCE INSP. 1 2 50.00%
ENVIRONMENTAL PROGRAMS ANALYST II 1 3 33.33%
EQUIPMENT SERVICE WORKER 1 4 25.00%
FACILITY ATTENDANT 1 2.5 40.00%
HOUSING PROGRAMS SPECIALIST 1 1 100.00%
HUMAN RESOURCES TECHNICIAN 1 4 25.00%
INFORMATION TECH SPECIALIST I 1 3 33.33%
LT-ACCOUNTING TECHNICIAN 1 7 14.29%
OH-BOOKMOBILE LIBRARY ASSISTANT 1 2.5 40.00%
PARKING ATTENDANT 0.6 9.4 6.38%
PARKS MAINTENANCE WORKER 6 29 20.69%
PAYROLL TECHNICIAN 1 2 50.00%

POLICE PROPERTY & EVIDENCE
SPECIALIST 1 2 50.00%
POLICE RECORDS TECHNICIAN 2 7 28.57%

16.4 RANGER ASSISTANT 1.75 3.5 50.00%
RANGER II 1 3 33.33%
RESOURCE RECOVERY WORKER I 1 21 4.76%
SENIOR BUILDING INSPECTOR 1 2 50.00%
SENIOR PLANS EXAMINER 1 1 100.00%
SR RESOURCE RECOVERY WKR 1 5 20.00%
UTILITY ACCOUNT SPECIALIST 2 4 50.00%

UTILITY MAINTENANCE TECH
1 4 25.00%
WATER FAC ELEC/INSTR TECH III 1 2 50.00%
WATER METER SPECIALIST LEAD 1 1 100.00%
WHARF CONSTRUCTION WORKER 2 4 50.00%
WW COLLECTION MECH TECH II 1 1 100.00%
WW FAC LEAD ELEC/INSTR TECH 1 1 100.00%
WW FACILITIES MECH TECH II 1 9 11.11%
Recruitment and Retention Efforts
Recruitment and retention efforts during the 2025-2026 negotiation cycle focused on market standing, Consumer Price Index, and fiscal sustainability. Attention was also given to vacancy data, specifically for groups with consistent vacancy rates over fifteen percent.

Future compensatory efforts in FY 2027 are dependent on availability of funding and will be reviewed with a priority towards compliance with existing MOUs, such as compaction requirements; fiscal sustainability; and a focus toward classifications with continued failed recruitments, operational need, and market standing.

Data Limitations and the Need for Modernized Workforce Reporting A vacancy rate reflects the number of unoccupied or vacant positions in the City at a given time.

Vacancy rates do not reflect timing for which positions are vacated or recently budgeted, nor those under active recruitment, nor the reason for the vacancy (voluntary or involuntary).

Historically, the State of California has held a 10% vacancy rate; vacancy rates vary significantly by county and likely have varied over time within the City. Due to reporting limitations, data as to long-standing historic vacancy rates for all City classifications is limited at this time and is expected to improve in future improvement phases of the City’s new enterprise resources planning software. , particularly in departments where continuous operations are required to maintain essential services, such as public safety, utilities, and maintenance.

In addition, the time it takes to fill a position, from posting to onboarding, represents a cost in and of itself. This includes the allocation of internal staff resources for recruitment, screening applications, interviewing, and onboarding, as well as the productivity lost while a position remains unfilled. These impacts may compound over time if recruitment challenges persist or if key classifications experience high turnover.

16.5 As the City continues to modernize its workforce systems and refine recruitment strategies, future efforts may include a more formal analysis of the cost impacts of vacancy trends, including overtime use, recruitment timelines, and staffing coverage strategies.

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

HEALTH IN ALL POLICIES (HiAP): Maintaining an adequately staffed workforce is essential to the City’s ability to deliver reliable public services that support community health, safety, and quality of life. Vacancy trends can impact continuity of services in critical areas such as public safety, utilities, parks, libraries, homelessness response, and infrastructure maintenance.

By monitoring vacancy data and evaluating recruitment and retention efforts, the City is better positioned to support a stable workforce, reduce service disruptions, and promote organizational sustainability. These efforts align with the City’s Health in All Policies framework by recognizing the connection between workforce capacity, operational resilience, and community well-being.

FISCAL IMPACT:

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

2. This recommendation requires a budget adjustment: No

3. The recommendation creates an on-going expenditure commitment: No FISCAL IMPACT DESCRIPTION: This report is informational only and does not have a fiscal impact
Prepared and Submitted By:

Sara De Leon
HR Director
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

None.

16.6 WORKFORCE PLANNING
A B 2 5 6 1 - P U B L I C H E A R I N G
M A Y 2 6 , 2 0 2 6

16.7 ...increase
transparency
around staffing
issues and address
persistent
vacancies...

WHAT IS ASSEMBLY BILL (AB) 2561?
Present the status of workforce vacancies
annually before final budget adoption.

Recruitment and retention efforts must be
shared and additional reporting
requirements when vacancy rate(s) is 20% or
more.

Provide opportunity for union partners to
present.

I T E M 2 7 : A B 2 5 6 1 , W O R K F O R C E P L A N N I N G Effective 1/1/2025

R E P O R T I N G
YEAR 2

16.8 I T
E M 2 7 : A B 2 5 6 1 , WORKFORC E PLAN N ING

16.9 I T E M 2 7 : A B 2 5 6 1 , W O R K F O R C E P L A N N I N G

VACANCY
An unoccupied, or vacant,
budgeted, or authorized,
position.

16.10 I T E M 2 7 : A B 2 5 6 1 , W O R K F O R C E P L A N N I N G

VACANCY
An unoccupied, or vacant,
budgeted, or authorized,
position.

VACANCY RATE
The number of vacant positions at
a given time.

March 9, 2026

16.11 I T E M 2 7 : A B 2 5 6 1 , W O R K F O R C E P L A N N I N G

VACANCY
An unoccupied, or vacant,
budgeted, or authorized,
position.

VACANCY RATE
The number of vacant positions at
a given time.

March 9, 2026
Signals attention

16.12 CONSIDERATIONS : VACANCY RATE
Vacancy rate is a point in time rate and
shouldn’t be considered alone.

I T E M 2 7 : A B 2 5 6 1 , W O R K F O R C E P L A N N I N G Vacant vs. Long-Term Leave of Absence
(Standard Definition vs. Operational Impacts)
Does not reflect current recruitments efforts
underway.

Does not reflect circumstances. Vacancy rates
are impacted by personal decision, budget
process and budget timing.

Not all vacancies are employer- driven. Example: A retirement or resignation Evolution of operational need may delay
filling a vacancy (awaiting budget cycles).

Medical/Personal Leave (Work-related and non workrelated); Time in Academy Recruitment Timelines ( average: 3 month hire
time) 10%10%

BASELINE

16.13 Group Total Vacant Total Budgeted Positions Vacancy Rate Fire Management 0 6* 0
Firefighters Local 2 57 3.51%
Mid-Management 17.25 208.5 8.27%
Supervisors 8 94 8.51%
Police Management 1 7 14.29%
Police Officers 20 103 19.42%
Service 45.85 482.725 9.53%
VACANCY RATES BY GROUP (3/9/26)
I T E M 2 7 : A B 2 5 6 1 , W O R K F O R C E P L A N N I N G *Correction to Staff Report: FMA total 6, not 14.

16.14 I T
E M 2 7 : A B 2 5 6 1 , WORKFORC E PLAN N ING*Correction to Staff Report: FMA total 6, not 14.

16.15 I T
E M 2 7 : A B 2 5 6 1 , WORKFORC E PLAN N ING*Correction to Staff Report: FMA total 6, not 14.

16.16 RECRUITMENT & RETENTION EFFORTS
Two Analysts - HR capacity building,
Recruitment
Continuous Recruitment Approach
Police Department Efforts
Outreach and Mentorship
Overhire Policy Use (Medical/Retirement)
Negotiations Approach( Market and
Vacancy Rates)
I T E M 2 7 : A B 2 5 6 1 , W O R K F O R C E P L A N N I N G

16.17 Date Item Pay Increases
10/22/24 Out of Cycle Increase
Police Officers and Sergeants

2.5%
Renewed MOU
2026-2029
Vacancy and Market standing
informed negotiations
16% over 3
year term
Earlier
Increase (6
and 12
month)
Education
Incentive
Holiday
Increase

RECRUITMENT & RETENTION EFFORTS
I T E M 2 7 : A B 2 5 6 1 , W O R K F O R C E P L A N N I N G Groups with 20%vacancy or
higher:

None
Closest: POA

16.5% (2025) ⟶ 19.42%
(2026)

16.18 EMPLOYEE ORGANIZATION

PRESENTATION/COMMENT
I T E M 2 7 : A B 2 5 6 1 , W O R K F O R C E P L A N N I N G

THANK YOU

16.19 PUBLIC WORKS DEPARTMENT

M E M O R A N D U M
DATE: March 13, 2026
TO: Matt Huffaker, City Manager
FROM: Nathan Nguyen, Public Works Director
SUBJECT: FY 2027 Public Art Calculation, Capital Investment Project Exemption Request As required by Santa Cruz Municipal Code 12.8, the Public Works Department is requesting the City Manager to recommend to City Council the exclusion of several capital improvement projects from the FY 2027 appropriations calculation.

Background
The City of Santa Cruz (City) has established the Public Art Program, as outlined in Santa Cruz Municipal Code (SCMC) 12.80. The program was established to direct works of art in public spaces, provide staff to assist with matters pertaining to public art, engage arts to help beautify the city, and implement the public art master plan (City Council, 1998).

The Public Works Department has nine unique funds where the department’s Capital Investment Program (CIP) projects are budgeted, or funds are transferred from. Public Works contributes to the Citywide CIP – Public Art Fund as well (Fund 313). Separately, Public Works has four dedicated Public Art funds that support the City’s Public Art Program:
• Fund 724: Wastewater – Public Art
• Fund 731: Refuse – Public Art
• Fund 742: Parking – Public Art
• Fund 753: Stormwater – Public Art
Notable Definitions and Funding Parameters
Pursuant to SCMC 12.80.020 Definitions and 12.80.030 Funding:

Definitions:
(a) “Total eligible capital spending” shall mean total capitalized project expenditures, excluding land and vehicle acquisitions and projects funded through gas tax revenue.

Funding:
(a) Annual appropriations for public art shall be calculated by fund as one percent of an average of the most recent three-year total eligible capital spending.

17.1 (c) The city manager may recommend that city council exclude a specific capital improvement project, or a portion thereof, from the provisions of this chapter when the total cost of the project exceeds five million dollars and financing and/or construction complexities of the project do not meet the general intent of this chapter. The arts commission will be notified of any such recommendation prior to its presentation to city council.

Allowance for Project-Exclusions
Section 12.80.30(c) established a threshold of $5 million, presumably to maintain a fund balance that can reasonably be spent by the Public Art Program within Proposition 218 principals. As per Section 12.80.030 of the Muni Code, staff is recommending excluding a number of capital projects from the annual appropriations calculation to best manage the fund balances for the Public Works funds and to align with Proposition 218 principals.

Capital projects in the Public Works Department are excluded from the FY 2027 calculations based on the following four categories:
• Projects with existing funding agreements with reimbursement restrictions • Projects planned for future funding agreements that will likely include reimbursement restrictions (in advance of understanding the full funding portfolio the Public Works Department is recommending exempting these projects)
• Projects over $5,000,000
• Projects funded by Gas Tax (Fund 221)
Excluded FY 2027 Capital Projects
Projects over $5,000,000:

Fund Project # Project Title
311 c402519 Murray Street Bridge – Construction Phase
311 c401903 Downtown Intersection Improvements
721 c402611 Interstage Pump 1 Improvements Project
741 c402603 Major Lot Improvements
741 c402609 Parking Structure - Cedar and Cathcart
By excluding the above projects from the FY 2026 Public Art appropriations calculation, the amount to be added to each Public Works Public Art fund balances will be as follows:

Fund Fund Title 1% FY27 Allocation
313 CIP – Public Art (Citywide) $33,480
724 Wastewater – Public Art $9,500
734 Refuse – Public Art $19,700
742 Parking – Public Art N/A
753 Stormwater – Public Art N/A
For FY 2027, the Public Works Department is requesting a continuation of the exclusions from FY 2026, which are listed below:

17.2 Excluded FY 2026 Capital Projects
Projects over $5,000,000:

Fund Project # Project Title
311 c401413 MB Sanctuary Scenic Trail (Rail Trail Segment 7) 311 c401804 MB Sanctuary Scenic Trail (Rail Trail Segment 8 & 9) 311 c401501 West Cliff Drive Stabilization
311 c402407 West Cliff Drive Bethany Curve Culvert
311 c601403 SLR Mouth & Lagoon Mgmt Plan
721 c401405 WWTF-Electrical System
721 c401511 Sewer System Improvements
721 c401606 Front-Spruce-Pacific Sewer Main Rehabilitation 721 c402204 City WWTF Headworks Replacement
721 c401706 WWTF Infrastructure and Major Equipment Study 721 m409659 WWTF Equipment Replacement
721 m409668 Neary Lagoon Park Rehab-Maintenance
731 c402512 Resource Recov Facil Enclosed Flare Inst
731 c401909 Landfill Master Plan Development
752 c402112 FEMA Levee Certification
752 c401707 Downtown SLR Drainage System Assessment
Projects funded by Gas Tax:

Fund Project # Project Title
221 All All
311 c401004 Mission Street Hill Utility Underground
Other considerations: projects in over-burdened funds:

Fund Project # Project Title Special Exemption Justification 741 All All The Parking Fund is currently over-extended. 751/752 All All The Stormwater Funds are currently over-extended.

CC:

Kathy Mintz
Ali Robinson
Elizabeth Cabell
Emily Burton
Joseph Balasabas

17.3 WATER MEMORANDUM
Date: February 4, 2026
To: Matt Huffaker, City Manager
From: Heidi Luckenbach, Water Director
Re: FY 2027 Public Art Calculation, Water CIP Exemption Request As required by Santa Cruz Municipal Code 12.8, the Water Department (Water) is requesting the City Manager recommend to City Council the continuation of existing Water CIP project exclusions plus one new CIP project from the Public Arts appropriations calculation.

Background
The City of Santa Cruz (City) has established the Public Art Program, as outlined in Santa Cruz Municipal Code (SCMC) 12.80. The program was established to direct works of art in public spaces, provide staff to assist with matters pertaining to public art, engage arts to help beautify the city, and implement the public art master plan (City Council, 1998).

The Water Department has a restricted use Public Art fund, Fund 714, that supports the City’s Public Art Program. This fund is managed within the Water Enterprise Funds to ensure compliance with Proposition 218 which requires use of funds generated from property related fees and charges to be spent on items and work that benefit the rate payers. The FY 2025 yearend fund balance of Fund 714 is nearly $722,000; Fund 714 is currently funding the $201,500 Bethany Curve Culvert Bridge Community Mosaic Project and spent on average $50,137 per year during 2020 -2025.

Notable Definitions and Funding Parameters
Pursuant to SCMC 12.80.020 Definitions and 12.80.030 Funding:

Definitions:
(a) “Total eligible capital spending” shall mean total capitalized project expenditures, excluding land and vehicle acquisitions and projects funded through gas tax revenue.

Funding:
(a) Annual appropriations for public art shall be calculated by fund as one percent of an average of the most recent three-year total eligible capital spending.

17.4 (c) The city manager may recommend that city council exclude a specific capital improvement project, or a portion thereof, from the provisions of this chapter when the total cost of the project exceeds five million dollars and financing and/or construction complexities of the project do not meet the general intent of this chapter. The arts commission will be notified of any such recommendation prior to its presentation to city council.

Water CIP Project Exclusions
Section 12.80.30(c) of the SCMC established a project exemption threshold of $5 million, presumably to maintain a fund balance that can reasonably be spent by the Public Art Program within Proposition 218 principals. In FY 2026, the Water Department recommended, and City Council approved, 19 CIP projects over $5 million to be excluded from the calculation. The result was a contribution of $71,325 to Fund 714 and an FY 2026 year-end estimated fund balance of nearly $592,000 prior to interest earned.

For FY 2027 the Water Department is requesting a continuation of the exclusions from FY 2026 and the addition of one new exclusion, the Pasatiempo Tank Replacement project, c702603, which will begin planning and design in FY 2027, and has a total project cost estimate that exceeds $5,000,000.

The contribution for FY2027 to fund 714 will be $40,838. Water will continue to analyze project exemptions on an annual basis and make recommendations based on maintaining a reasonable fund balance while also funding projects in alignment with Proposition 218 principals.

CC:

Suzanne Haberman
Kathy Mintz
Emily Burton
Joseph Balasabas
Elizabeth Cabell

17.5 City of Santa Cruz
Parks and Recreation Commission
323 Church St., Santa Cruz, CA
95060
May 7, 2026
TO: Mayor Fred Keeley, Vice Mayor Shebreh Kalantari-Johnson (District 3), Councilmember Gabriela Trigueiro (District 1), Councilmember Sonja Brunner (District 2), Councilmember Scott Newsome (District 4), Councilmember Susie O'Hara (District 5), and Councilmember Renee Golder (District 6)
FROM: Emma Ussat, Chair, City of Santa Cruz Parks and Recreation Commission SUBJECT: Parks and Recreation Commission Recommendation on the City of Santa Cruz Parks and Recreation Department’s FY 2027 Operating Budget and FY 2027-2031 Capital Investment Program
The Return on Investment: A Record-Breaking Year
The Parks and Recreation Department continues to provide one of the highest returns on investment for the City’s residents. In the current fiscal year, participation surged to an estimated 143,638 people. A 26% increase over the previous year, this engagement was achieved while the department managed an expansive portfolio of 1,700 acres of parkland and 169,000 square feet of facilities, including the reopening of Harvey West pool.

The places and spaces stewarded by the department are not merely amenities; they are essential drivers of community health and economic vitality.

FY 2027 Operating Budget and Capital Investment Program (CIP) Overview For FY 2027, the Parks and Recreation Department is proposing an Operating Budget of $25.0 million, primarily allocated to personnel services ($13.5 million) and essential services, supplies, and other charges ($11.4 million), with smaller allocations for capital outlay and debt service. The proposed revenue budget is $6.2 million, translating to a cost recovery of 29% for FY 2027.

This budget reflects the rising costs of personnel and essential services. The Commission explicitly appreciates the support for increased water, sewer, and refuse budgets. These are foundational public services, and this funding allows the department to absorb significant utility rate increases without cutting front-facing community programs.

This year the department completed park and playground renovations at Grant Park, finished major repairs to the SC Municipal Wharf, and concluded park redesigns and assessments for San Lorenzo and Harvey West Parks. Despite achieving a 55% project completion rate in the current CIP portfolio, we remain deeply concerned by the aging nature of department assets. Following the Facilities Condition Assessment (FCA), the total maintenance backlog is now estimated at $116.4M. Without a dedicated strategy for the department’s physical and natural assets, the cost of future rehabilitation will only escalate.

17.6 City of Santa Cruz
Parks and Recreation Commission
323 Church St., Santa Cruz, CA
95060
Commission Feedback and Strategic Priorities
With limited resources, the department faces an ongoing struggle to prioritize which facilities receive care. We support the use of the FCA to ensure that every dollar spent is data-driven and focused on the highest-need areas.

The Commission is encouraged by the Year One results of Measure Q, including the recruitment of an Assistant Urban Forester and Open Space Park Maintenance Worker. We appreciate the Council’s continued support of the 3-Year Implementation Roadmap to meet our wildfire resiliency and forest health goals.

We commend the department’s proactive efforts to diversify funding. This includes securing $3.5M in grants, launching new concessions partnerships, and exceeding fundraising goals with the Friends of Parks and Recreation (FOPAR).

We support the department's goal to address legacy pricing resolutions and implement updated business plans to stabilize cost-recovery metrics, which are currently projected at 29% for the coming year.

Conclusion
The Commission recommends the adoption of the FY 2027 budget. We believe this budget provides the necessary resources to maintain our world-class system while taking the first difficult steps toward longterm fiscal sustainability. We thank the Council for their continued investment in the stunning array of natural resources, programs and activities that define Santa Cruz.

Thank you for your consideration, time, and support.

Sincerely,
Emma Ussat
Chair, City of Santa Cruz Parks and Recreation Commission Cc: Matt Huffaker, City Manager
Tony Elliot, Parks and Recreation Director
Members of the Parks and Recreation Commission:

Brad Angell (Vice Chair)
Dan Ackerstein
Melissa Begin
Leonardo Cruz
Don Iglesias
Barbara J. Lawrence

17.7 1
General Plan Policies in Support of New FY 2027 CIP Projects # PROJECT DEPT CIP
PG #
RELATED GP 2030 GOALS, POLICIES, &

ACTIONS Y/N
1 Depot Park – Playground Expansion and
Enhancement: Renovate and expand the
playground at Depot Park. The project
implements HiAPs for health and wellness,
community connectedness, and equity, as well
as addresses deferred maintenance and safety.

The project also implements the Parks Master
Plan 2030 recommendation to add additional
equipment and facilities to the playground.

Parks &
Rec
39  Goal PR1 Ample, accessible, safe, and wellmaintained parks, open space, and active recreational facilities.
 PR1.1 Provide and manage a system of parks and
recreation related facilities that serve the needs of
residents and visitors.
 PR1.1.4 Plan parks and recreation facilities adequate for the city’s recreational needs, activities, and
programs. Cf. HA2.1, 2.2 and 3.3; ED1.1.4 and 6.9.2;
CC8.3.8; PR 2.1 and 2.2.4.
 PR1.6 Ensure that parks and recreation facilities are accessible to all.

Y
2 Golf Course -- Sand Trap and Tee Renovations:

Design/build project to update golf course
sand traps and tees including sand trap layout,
drainage, and stormwater management and
tee leveling and regrading. The project
implements a HiAP health and wellness and
addresses deferred maintenance. It also
implements the Parks Master Plan 2030 by
prioritizing upgrading existing facilities and
providing activities for all ages and abilities.

Parks &
Rec
43  CC2.1.1 As appropriate, update and replace facilities consistent with the General Plan.
 Goal PR1 Ample, accessible, safe, and wellmaintained parks, open space, and active recreational facilities.
 PR1.1 Provide and manage a system of parks and
recreation related facilities that serve the needs of
residents and visitors.
 PR1.1.4 Plan parks and recreation facilities adequate for the city’s recreational needs, activities, and
programs. Cf. HA2.1, 2.2 and 3.3; ED1.1.4 and 6.9.2;
CC8.3.8; PR 2.1 and 2.2.4.
 PR1.4 Encourage recreational activities in
appropriate public spaces.
 Goal PR2 High-quality, affordable recreational
programs, activities, events, and services for all
Y

17.8 2
General Plan Policies in Support of New FY 2027 CIP Projects # PROJECT DEPT CIP
PG #
RELATED GP 2030 GOALS, POLICIES, &

ACTIONS Y/N
3 Lower DeLaveaga Park – Interior Park
Lighting: Light interior of park to improve
safety in the parking lot and along the
pathways and the meadow. The project
implements a HiAP pillar for health and
wellness and facilitates community
connectedness.

Parks &
Rec
47  Goal CC 7 A safe and secure community.
 Goal PR1 Ample, accessible, safe, and wellmaintained parks, open space, and active recreational facilities.
 PR1.5 Provide a safe and secure environment in City
parks, open space areas, and facilities. Cf. CC7.1,
CC7.4.
 PR1.6 Ensure that parks and recreation facilities are accessible to all.
 PR1.6.1 Maintain and enhance access for vehicles,
transit, bicycles, and pedestrians.
 Goal M4 A citywide interconnected system of safe,
inviting, and accessible pedestrian ways and
bikeways
 M4.5 Support pedestrian and bicycle safety
improvements.
 ED1.2 Ensure that Santa Cruz remains an attractive,
safe, and welcoming city for visitors.

Y
4 Oceanview Park Improvements: Renovate and
improve the playground equipment at
Oceanview Park and enhance park overlook
and pathways. The project implements HiAPs
for health and wellness, community
connectedness, and equity, as well as
addresses deferred maintenance and safety.

Parks &
Rec
48  Goal PR1 Ample, accessible, safe, and wellmaintained parks, open space, and active recreational facilities.
 PR1.1 Provide and manage a system of parks and
recreation related facilities that serve the needs of
residents and visitors.
 PR1.1.4 Plan parks and recreation facilities adequate for the city’s recreational needs, activities, and
programs. Cf. HA2.1, 2.2 and 3.3; ED1.1.4 and 6.9.2;
CC8.3.8; PR 2.1 and 2.2.4.

Y

17.9 3
General Plan Policies in Support of New FY 2027 CIP Projects # PROJECT DEPT CIP
PG #
RELATED GP 2030 GOALS, POLICIES, &

ACTIONS Y/N
 PR1.6 Ensure that parks and recreation facilities are accessible to all.
5 Plans and Designs for Harvey West Ballfields:

Complete plans and designs for Harvey West
Park ballfields (with a focus on fields 5 & 6)
consistent with park assessment
recommendations to improve usability and
accommodate more play. The project
implements HiAPs for health and wellness and
community connectedness, as well as
addresses maintenance needs. The project also
implements the Parks Master Plan 2030 policy
to accommodate the need for more active
sports fields for club, league, and casual play.

Parks &
Rec
49  CC2.1.1 As appropriate, update and replace facilities consistent with the General Plan.
 Goal PR1 Ample, accessible, safe, and wellmaintained parks, open space, and active recreational facilities
 PR1.1 Provide and manage a system of parks and
recreation related facilities that serve the needs of
residents and visitors.
 PR1.1.4 Plan parks and recreation facilities adequate for the city’s recreational needs, activities, and
programs. Cf. HA2.1, 2.2 and 3.3; ED1.1.4 and 6.9.2;
CC8.3.8; PR 2.1 and 2.2.4
 PR1.2.2 Examine the feasibility of developing new
(and/or expanding and refurbishing existing) athletic
fields, including those on school sites.
 PR1.4 Encourage recreational activities in
appropriate public spaces.
 Goal PR2 High-quality, affordable recreational
programs, activities, events, and services for all
Y
6 Laurel Street Sidewalk: Construct sidewalks on
Laurel Street between King and Escalona.

Public
Works
86  M1.2 Create livable streets. “Livable streets”
support the intent of Section 65302(b) of the
California Government Code to create “complete
streets” planned, designed, operated, and
maintained to provide safe mobility for all users,
including “bicyclists, children, persons with
disabilities, motorists, movers of commercial goods,
Y

17.10 4
General Plan Policies in Support of New FY 2027 CIP Projects # PROJECT DEPT CIP
PG #
RELATED GP 2030 GOALS, POLICIES, &

ACTIONS Y/N
pedestrians, users of public transportation, and
seniors.”
 M1.4 Ensure that sidewalks, transit centers, and
major transit stops are conveniently located, usable,
and accessible to all. Cf. PR1.6.3.
 Goal M4 A citywide interconnected system of safe,
inviting, and accessible pedestrian ways and
bikeways
 M4.1 Enable and encourage walking in Santa Cruz.

Cf. CD5.1, CC8.4, PR4.1.2.
 M4.1.1 Update and implement the Pedestrian
Master Plan for development of a complete,
continuous, and structurally adequate system of
pedestrian paths and walkways. M4.1.2 Include and
address sidewalk improvements in the Capital
Improvements Program.
 M4.1.8 Remove or reduce obstructions and sidewalk
tripping hazards, ensure accessibility to the
physically disabled and elderly, and improve
amenities along existing and potential pedestrian
paths and walkways.
7 High Street Sewer Upsizing - Phase I: The
sewer main from mapped points M7-SM411 to
N7-SM216 (approximately 0.4 miles along High
Street terminating at Highway 1) is extremely
undersized 6" vitrified clay pipe. Phase I of this
project will upsize the main to 10" from
mapped points N7-SM314 to N7-SM216
Public
Works
112  Goal CC2 Comprehensive community facilities and
services
 CC2.1 Provide community services and facilities in
keeping with the needs of a growing and diverse
population. Cf. CD5.3, LU4.3.
 CC2.1.1 As appropriate, update and replace facilities consistent with the General Plan. Cf. HZ1.1.5.

Y

17.11 5
General Plan Policies in Support of New FY 2027 CIP Projects # PROJECT DEPT CIP
PG #
RELATED GP 2030 GOALS, POLICIES, &

ACTIONS Y/N
crossing under Highway 1. A permit will be
required for that portion of pipe (198LF).
 Goal CC 4 A sustainable and efficient wastewater
system
 CC4.1 Provide an adequate and environmentally
sound wastewater collection, treatment, and
disposal system.
 CC4.1.1 Regularly maintain the sewer system.
 CC4.1.2 Identify pipeline deficiencies.
 CC4.1.3 Maintain and upgrade the wastewater
collection and treatment system.
8 Food Waste Pre-processing System
Improvement Project: Design and installation
of a removable cover to protect equipment
from rain and installation of additional storage
tanks for food waste slurry.

Public
Works
127  Goal CC2 Comprehensive community facilities and
services
 Goal CC 6 Minimal solid waste production
 CC6.1.16 Develop a food waste collection and
composting program
Y

17.12 From: Liam Braga
To: City Council
Subject: Please fund safer streets on Laurel Street
Date: Thursday, March 26, 2026 5:23:42 PM
Dear Councilmembers,
I’m a resident who lives near Laurel Street, one of
the most dangerous corridors in Santa Cruz.

Traffic speeds and volumes are too high, leading to
frequent close calls and ongoing safety concerns for
people walking, biking, and driving. The constant
traffic noise also affects daily life—neighbors often
can’t even hear each other outside.

Laurel Street should be safer and calmer for
everyone who uses it.

I respectfully urge you to allocate funding in the
upcoming city budget for traffic calming and
protected bike lanes on Laurel Street.

Thank you for your leadership and for your work to
improve safety in our community.

Sincerely,
Liam Braga

17.13 From: sarah landisman
To: City Council
Subject: Laurel Street
Date: Thursday, March 26, 2026 5:23:51 PM
Dear Councilmembers,
I’m a resident who lives near Laurel Street, one of
the most dangerous corridors in Santa Cruz.

Traffic speeds and volumes are too high, leading to
frequent close calls and ongoing safety concerns for
people walking, biking, and driving. The constant
traffic noise also affects daily life—neighbors often
can’t even hear each other outside.

Laurel Street should be safer and calmer for
everyone who uses it.

I respectfully urge you to allocate funding in the
upcoming city budget for traffic calming and
protected bike lanes on Laurel Street.

Thank you for your leadership and for your work to
improve safety in our community.

Sincerely
Sarah Landisman
Sent from my iPhone

17.14 From: Kyle Lueck
To: City Council
Subject: Please fund safer streets on Laurel Street
Date: Thursday, March 26, 2026 5:46:17 PM
Dear Councilmembers,
I’m a resident who lives near Laurel Street, one of the most dangerous corridors in Santa Cruz.

Traffic speeds and volumes are too high, leading to frequent close calls and ongoing safety concerns for people walking, biking, and driving.

The constant traffic noise also affects daily life—neighbors often can’t even hear each other outside.

Laurel Street should be safer and calmer for everyone who uses it.

I respectfully urge you to allocate funding in the upcoming city budget for traffic calming and protected bike lanes on Laurel Street.

Thank you for your leadership and for your work to improve safety in our community.

Sincerely, Kyle Lueck

17.15 From: Debbie Lewis
Cc: City Council
Subject: Safer streets on Laurel
Date: Thursday, March 26, 2026 6:31:44 PM
Dear Councilmembers,
I’m a resident who lives near Laurel Street, one of the most dangerous corridors in Santa Cruz.

Traffic speeds and volumes are too high, leading to frequent close calls and ongoing safety concerns for people walking, biking, and driving.

The constant traffic noise also affects daily life—neighbors often can’t even hear each other outside.

Laurel Street should be safer and calmer for everyone who uses it.

I respectfully urge you to allocate funding in the upcoming city budget for traffic calming and protected bike lanes on Laurel Street.

Thank you for your leadership and for your work to improve safety in our community.

Sincerely,
Debbie Lewis
Sent from my iPhone

17.16 From: Christopher Kuhar
To: City Council
Subject: Please fund safer streets on Laurel Street
Date: Friday, March 27, 2026 10:01:19 AM
Dear Council members,
I’m a resident who lives near Laurel Street, one of the most dangerous corridors in Santa Cruz.

Traffic speeds and volumes are too high, leading to frequent close calls and ongoing safety concerns for people walking, biking, and driving. The constant traffic noise also affects daily life—neighbors often can’t even hear each other outside.

Laurel Street should be safer and calmer for everyone who uses it.

I respectfully urge you to allocate funding in the upcoming city budget for traffic calming and protected bike lanes on Laurel Street.

Thank you for your leadership and for your work to improve safety in our community.

Sincerely,

17.17 From: Lorelei Altura
To: City Council
Cc: Shebreh Kalantari-Johnson; Scott Newsome
Subject: Please fund safer streets on Laurel Street
Date: Sunday, March 29, 2026 5:11:54 PM
Dear Councilmembers,
I live near Laurel Street and am concerned about safety. Traffic speeds and volumes are too high, leading to frequent close calls for people walking, biking, and driving. The constant traffic noise also affects daily life.

I urge you to fund traffic calming and protected bike lanes on Laurel Street in the upcoming budget.

Thank you for your leadership.

Sincerely,
Lorelei Altura

17.18 From: Mark Paranjape
To: City Council
Cc: Shebreh Kalantari-Johnson; Scott Newsome
Subject: Please fund safer streets on Laurel Street
Date: Sunday, March 29, 2026 5:28:52 PM
Dear Councilmembers,
I live near Laurel Street and am concerned about safety. Traffic speeds and volumes are too high, leading to frequent close calls for people walking, biking, and driving. The constant traffic noise also affects daily life.

I urge you to fund traffic calming and protected bike lanes on Laurel Street in the upcoming budget.

Thank you for your leadership.

Sincerely,
Sent from my iPhone

17.19 From: Crawford Patten
To: City Council
Cc: Shebreh Kalantari-Johnson; Scott Newsome
Subject: Please fund safer streets on Laurel Street
Date: Sunday, March 29, 2026 5:40:05 PM
Dear Council members,
I live near Chestnut & Laurel Street and am concerned about safety. Traffic speeds and volumes are too high, leading to frequent close calls for people walking, biking, and driving.

The constant traffic noise also affects daily life.

I urge you to fund traffic calming and protected bike lanes on Laurel Street in the upcoming budget.

Thank you for your leadership.

Sincerely,

17.20 From: Irene Hu
To: City Council
Cc: Shebreh Kalantari-Johnson; Scott Newsome
Subject: Please fund safer streets on Laurel Street
Date: Sunday, March 29, 2026 5:48:26 PM
Dear Councilmembers,
I live near Laurel Street and am concerned about safety. Traffic speeds and volumes are too high, leading to frequent close calls for people walking, biking, and driving. The constant traffic noise also affects daily life.

I urge you to fund traffic calming and protected bike lanes on Laurel Street in the upcoming budget.

Thank you for your leadership.

Sincerely,
Irene Hu

17.21 From: paul cuthbertson
To: City Council
Cc: Shebreh Kalantari-Johnson; Scott Newsome
Subject: Please fund safer streets on Laurel Street
Date: Sunday, March 29, 2026 6:25:36 PM
Dear Councilmembers,
I live near Laurel Street and am concerned about safety. Traffic speeds and volumes are too high, leading to frequent close calls for people walking, biking, and driving. The constant traffic noise also affects daily life.

I urge you to fund traffic calming and protected bike lanes on Laurel Street in the upcoming budget.

Thank you for your leadership.

Sincerely,
Sent from my iPhone

17.22 From: Randolph Morgan
To: City Council
Cc: Shebreh Kalantari-Johnson; Scott Newsome
Subject: Please fund safer streets on Laurel Street
Date: Sunday, March 29, 2026 8:07:45 PM
Dear Councilmembers,
I live near Laurel Street and am concerned about safety. Traffic speeds and volumes are too high, leading to frequent close calls for people walking, biking, and driving. The constant traffic noise also affects daily life.

I urge you to fund traffic calming and protected bike lanes on Laurel Street in the upcoming budget.

Thank you for your leadership.

Sincerely,
Randolph M.

17.23 From: jaily baires
To: City Council
Cc: Shebreh Kalantari-Johnson; Scott Newsome
Subject: Please fund safer streets on Laurel Street
Date: Monday, March 30, 2026 10:58:24 AM
Dear Councilmembers, I live near Laurel Street and am concerned about safety. Traffic speeds and volumes are too high, leading to frequent close calls for people walking, biking, and driving. The constant traffic noise also affects daily life. I urge you to fund traffic calming and protected bike lanes on Laurel Street in the upcoming budget. Thank you for your leadership.

Sincerely,

17.24 From: Nicole Zeller
To: City Council
Cc: Shebreh Kalantari-Johnson; Scott Newsome
Subject: Please fund safer streets on Laurel Street
Date: Monday, March 30, 2026 11:07:53 AM
Dear Councilmembers,
I live near Laurel Street and am concerned about safety. Traffic speeds and volumes are too high, leading to frequent close calls for people walking, biking, and driving. The constant traffic noise also affects daily life.

I urge you to fund traffic calming and protected bike lanes on Laurel Street in the upcoming budget.

Thank you for your leadership.

Sincerely,
Nicole
Sent from my iPhone

17.25 From: Nick Denning
To: City Council
Cc: Shebreh Kalantari-Johnson; Scott Newsome
Subject: Please fund safer streets on Laurel Street
Date: Monday, March 30, 2026 11:16:46 AM
Dear Councilmembers,
I live on Laurel & Chestnut and am concerned about safety. Traffic speeds and volumes are too high (people drive so fast down this road!) leading to frequent close calls for people walking, biking, and driving. The constant traffic noise also affects daily life.

I urge you to fund traffic calming and protected bike lanes on Laurel Street in the upcoming budget.

Thank you for your leadership.

Sincerely,
Nicholas Denning

17.26 From: D C
To: City Council
Cc: Shebreh Kalantari-Johnson; Scott Newsome
Subject: Please fund safer streets on Laurel Street
Date: Monday, March 30, 2026 3:31:26 PM
Dear Councilmembers,
I live near Laurel Street and am concerned about safety. Traffic speeds and volumes are too high, leading to frequent close calls for people walking, biking, and driving. The constant traffic noise also affects daily life.

I urge you to fund traffic calming and protected bike lanes on Laurel Street in the upcoming budget.

Thank you for your leadership.

Sincerely,
Derek Cariaga

17.27 From: Angel Sunlight
To: City Council
Subject: Laurel Street
Date: Wednesday, April 1, 2026 10:29:04 AM
Dear Councilmembers,
My six year old son and I near Laurel Street and are concerned about safety. Traffic speeds and volumes are too high, leading to frequent close calls for people walking, biking, and driving. The constant traffic noise also affects daily life.

I urge you to fund traffic calming and protected bike lanes on Laurel Street in the upcoming budget.

Thank you for your leadership.

Sincerely,
Angel Sunlight
graduate student

17.28 From: Dana Bagshaw
To: City Council
Subject: Make Laurel Street Safer
Date: Wednesday, April 1, 2026 11:08:41 AM
Dear council members,
The city has designated Laurel Street as one of it's most dangerous. I agree. I live on Jenne Street 2 blocks south of Laurel. I walk, bike, and bus wherever I go as I choose not to have a car. I walk across Laurel at the intersection of Myrtle at least twice a week. Most cars thankfully stop for me, but some go zooming by. (Some don't know that by law they are required to stop for pedestrians at intersection even if there is no crosswalk.

We need traffic calming AND protected bike lanes. Cars often swerve into the bike lane when they see the pedestrian meridian at Blackburn street. Also, up on Laurel between Mission and King Street, concrete "calming" structures jut out into bike lanes, causing a cyclist to stop, or, if they know it's there, they may swerve out into traffic to avoid it.

Please include safe preventive and corrective measures for Laurel in your budget this year.

Thank you,
Dana Bagshaw

17.29 From: Cathy Calfo
To: City Council
Cc: Susie O"Hara; Scott Newsome
Subject: Make Mission Street Safer for Everyone
Date: Thursday, April 2, 2026 9:08:10 PM
Dear Councilmembers,
As a resident near Mission Plaza, for nearly 35 years, I am concerned by the dangerous traffic conditions and noise on Mission Street. Our neighborhood deserves a safe environment, not constant near-misses.

Please prioritize budget funding for protected bike lanes and traffic calming on Mission Street from Highway 1 to Pacific Avenue. Let’s transform this corridor into a safe, livable space for everyone.

Sincerely,
Cathy
Cathy Calfo

17.30 From: Marla Channon
To: City Council
Cc: Susie O"Hara
Subject: Improve Safety on River Street Corridor
Date: Friday, April 3, 2026 3:03:04 PM
Dear Councilmembers,
I live and spend time near River Street between Water Street and Highway 1, and it feels unsafe. Fast traffic makes walking, biking, and crossing difficult—and it discourages people from visiting local businesses.

River Street should serve the people and businesses here, not just pass-through traffic. Please fund traffic calming and protected bike lanes in the upcoming budget.

Thank you,
[Marla Channon]

17.31 From: Paws For Mercy
To: City Council
Cc: Susie O"Hara
Subject: Improve Safety on River Street Corridor
Date: Friday, April 3, 2026 4:52:02 PM
Dear Councilmembers,
I live and spend time near River Street between Water Street and Highway 1, and it feels unsafe. Fast traffic makes walking, biking, and crossing difficult—and it discourages people from visiting local businesses.

River Street should serve the people and businesses here, not just pass-through traffic. Please fund traffic calming and protected bike lanes in the upcoming budget.

Thank you,
Jenai Herod
232 River Street #17
Santa Cruz,CA 95060
831. 345 0617.

Please be a responsible pet parent .

SPAY AND NEUTER YOUR PETS

17.32 From: Michael
To: City Council
Cc: Susie O"Hara
Subject: Improve Safety on River Street Corridor
Date: Friday, April 3, 2026 5:05:53 PM
Dear Councilmembers,
I live and spend time near River Street between Water Street and Highway 1, and it feels unsafe. Fast traffic makes walking, biking, and crossing difficult—and it discourages people from visiting local businesses.

River Street should serve the people and businesses here, not just pass-through traffic. Please fund traffic calming and protected bike lanes in the upcoming budget.

Thank you,
[Your Name] Michael Robinson

17.33 From: Daniela Werlin-Martínez
To: City Council
Cc: Shebreh Kalantari-Johnson; Scott Newsome
Subject: Please fund safer streets on Laurel Street
Date: Saturday, April 4, 2026 8:33:04 PM
Dear Councilmembers,
I live near Laurel Street and am concerned about safety. The intersections do not work very efficiently for pedestrians. Traffic speeds and volumes are too high, leading to frequent close calls for people walking, biking, and driving. The constant traffic noise also affects daily life.

I urge you to fund traffic calming and protected bike lanes on Laurel Street in the upcoming budget.

Thank you for your leadership.

Sincerely,
Daniela Werlin-Martinez

17.34 From: jacob maxwell
To: City Council
Cc: Susie O"Hara; Scott Newsome
Subject: Make Mission Street Safer for Everyone
Date: Sunday, April 5, 2026 9:29:23 PM
Dear Councilmembers,
As a resident near Mission Plaza, I am concerned by the dangerous traffic conditions and noise on Mission Street. Our neighborhood deserves a safe environment, not constant near-misses.

Please prioritize budget funding for protected bike lanes and traffic calming on Mission Street from Highway 1 to Pacific Avenue. Let’s transform this corridor into a safe, livable space for everyone.

Sincerely,
Jake Maxwell

17.35 From: Cole Falxa-Sturken
To: City Council
Cc: Shebreh Kalantari-Johnson; Scott Newsome
Subject: Please fund safer streets on Laurel Street
Date: Monday, April 6, 2026 2:17:58 PM
Dear Councilmembers,
I live on the corner of Laurel and Blackburn and am concerned about safety. Traffic speeds and volumes are too high, leading to frequent close calls for people walking, biking, and driving. I've personally almost been hit in the intersection while walking and driving.The constant traffic noise negatively affects my ability to enjoy the weather and has been shown to negatively affect health outcomes via increasing stress—either I have quiet traffic and all of my windows closed or loud traffic with any of my windows open.

I urge you to fund traffic calming and protected bike lanes on Laurel Street in the upcoming budget. Bike lanes would also help with increasing visibility by decreasing the number of cars parked on the street, which would greatly improve the safety of making unprotected left turns.

Thank you for your leadership.

Sincerely,
Cole Falxa-Sturken

17.36 From: Christophe Koch
To: City Council
Cc: Susie O"Hara; Scott Newsome
Subject: Make Mission Street Safer for Everyone
Date: Tuesday, April 7, 2026 9:31:53 AM
Christophe Koch / zozo studio / 650 284 6979
Dear Councilmembers,
As a resident near Mission Plaza, I am concerned by the dangerous traffic conditions and noise on Mission Street. Our neighborhood deserves a safe environment, not constant nearmisses.

Please prioritize budget funding for protected bike lanes and traffic calming on Mission Street from Highway 1 to Pacific Avenue. Let’s transform this corridor into a safe, livable space for everyone.

Sincerely,
Christophe / 624 National Street

17.37 From: Nancy Connelly
To: City Council
Subject: Please fund safer streets on Laurel Street
Date: Tuesday, April 7, 2026 9:43:33 AM
Dear Councilmembers,
I’m a resident who lives on Laurel Street, one of the
most dangerous corridors in Santa Cruz. It also has
a tremendous amount of potholes and inferior
repairs making it very difficult for me as a driver
and cyclist.

Traffic speeds and volumes are too high, leading to
frequent close calls and ongoing safety concerns for
people walking, biking, and driving. The constant
traffic noise also affects daily life—neighbors often
can’t even hear each other outside.

Laurel Street should be safer and calmer for
everyone who uses it.

I respectfully urge you to allocate funding in the
upcoming city budget for traffic calming and
protected bike lanes on Laurel Street.

Thank you for your leadership and for your work to
improve safety in our community.

Sincerely,
Nancy Connelly

17.38 From: Griffin Smith
To: City Council
Cc: Shebreh Kalantari-Johnson; Scott Newsome
Subject: Please fund safer streets on Laurel Street
Date: Tuesday, April 7, 2026 11:43:26 AM
Dear Councilmembers,
I live near Laurel Street and am concerned about safety. Traffic speeds and volumes are too high, leading to frequent close calls for people walking, biking, and driving. The constant traffic noise also affects daily life.

I urge you to fund traffic calming and protected bike lanes on Laurel Street in the upcoming budget.

Thank you for your leadership.

Sincerely,
Griffin Smith

17.39 From: Jesus Chagolla
To: City Council
Cc: Sonja Brunner; Gabriela Trigueiro
Subject: Invest in Safety on Soquel Avenue
Date: Tuesday, April 7, 2026 6:57:45 PM
Dear Councilmembers,
As someone who lives near Soquel Avenue, I can assure you it doesn’t feel safe. Cars move too fast, it’s loud, and walking or biking is stressful.

This is a quality-of-life issue for our neighborhood and local businesses.

We know what works: traffic calming, better sidewalks and protected bike lanes can reduce speeds and prevent crashes.

Please prioritize funding in the upcoming budget to make Soquel Avenue safer.

Thank you,
Maria Choalla
140 Avenido Santa Cruz
Sent from my iPhone

17.40 From: Mayra Carranco
To: City Council
Cc: Sonja Brunner; Gabriela Trigueiro
Subject: Make our hometown better
Date: Tuesday, April 7, 2026 7:25:47 PM
Dear Councilmembers,
As someone who lives/earns a livelihood near Soquel Avenue, I can assure you it doesn’t feel safe. Cars move too fast, it’s loud, and walking or biking is stressful.

This is a quality-of-life issue for our neighborhood and local businesses.

We know what works: traffic calming, better sidewalks and protected bike lanes can reduce speeds and prevent crashes.

Please prioritize funding in the upcoming budget to make Soquel Avenue safer.

Thank you,
Mayra Carranco
Sent from my iPhone

17.41 From: Mason Lewcun
To: City Council
Cc: Sonja Brunner; Gabriela Trigueiro
Subject: Invest in Safety on Soquel Avenue
Date: Tuesday, April 7, 2026 8:58:11 PM
Dear Councilmembers,
As someone who lives/earns a livelihood near Soquel Avenue, I can assure you it doesn’t feel safe. Cars move too fast, it’s loud, and walking or biking is stressful.

This is a quality-of-life issue for our neighborhood and local businesses.

We know what works: traffic calming, better sidewalks and protected bike lanes can reduce speeds and prevent crashes.

Please prioritize funding in the upcoming budget to make Soquel Avenue safer.

Thank you,
[Your Name]

17.42 From: Bryan Kriete
To: City Council
Cc: Sonja Brunner; Gabriela Trigueiro
Subject: Invest in Safety on Soquel Avenue
Date: Tuesday, April 7, 2026 9:56:47 PM
Dear Councilmembers, As someone who lives/earns a livelihood near Soquel Avenue, I can assure you it doesn’t feel safe. Cars move too fast, it’s loud, and walking or biking is stressful.

This is a quality-of-life issue for our neighborhood and local businesses. We know what works: traffic calming, better sidewalks and protected bike lanes can reduce speeds and prevent crashes. Please prioritize funding in the upcoming budget to make Soquel Avenue safer. Thank you, Bryan Kriete
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17.43 From: marie evatt
To: City Council
Cc: Shebreh Kalantari-Johnson; Scott Newsome
Subject: Please fund safer streets on Laurel Street
Date: Wednesday, April 8, 2026 3:58:12 PM
Dear Councilmembers,
I live near Laurel Street and am concerned about safety. Traffic speeds and volumes are too high, leading to frequent close calls for people walking, biking, and driving. The constant traffic noise also affects daily life.

I urge you to fund traffic calming and protected bike lanes on Laurel Street in the upcoming budget.

Thank you for your leadership.

Sincerely,
Sent from my iPhone

17.44 From: Kevin Norton
To: City Council
Subject: Fwd: Vision Zero Needs Speed—Quick-Build Lanes Deliver Date: Monday, April 20, 2026 1:02:34 PM
---------- Forwarded message ---------
From: Kevin Norton <[email protected]>
Date: Sun, Apr 19, 2026 at 1:00 PM
Subject: Vision Zero Needs Speed—Quick-Build Lanes Deliver To: <[email protected]>
Cc: Christina Alberti <[email protected]>, Claire Gallogly <[email protected]>, Matt Starkey <[email protected]>, <[email protected]>
Dear TPW Commissioners:

In 2019, Santa Cruz adopted Vision Zero, committing to end traffic deaths and serious injuries by 2030. Yet recent statewide safety analyses based on the most recent California Office of Traffic Safety data show our streets are among the most dangerous in California for people walking and biking — we had the second most dangerous streets for cyclists in 2023, when 58 victims were killed or injured while riding bicycles.

To keep our promise under tight fiscal constraints, we need safety tools that are fast, affordable, and proven. Quick‑build protected bike lanes fit that need.

Research from multiple cities shows that protected bike lanes don’t just help cyclists—they make streets safer for everyone. A 13‑year study of 12 large U.S. cities, published in the Journal of Transport & Health, found that cities with better bike lane networks had 44% fewer traffic deaths and 50% fewer serious injuries than the average U.S. city.

17.45 Safer Streets, More Riders
A recent national study led by University of New Mexico researchers examined over 14,000 blocks in 28 U.S. cities. It found that protected bike lanes rapidly increase the number of people getting out of their cars and onto their bicycles— ridership can increase by more than 300–400% when protection is added to previously unserved corridors.

Imagine that.

Proof from Peer Cities
Hoboken, New Jersey—another coastal city of about 60,000 residents—shows what’s possible. By combining quick‑build protected bike lanes, curb extensions, daylighting, and speed management, Hoboken has gone nine consecutive years without a single traffic death, covering drivers, passengers, pedestrians, and cyclists.

17.46 Why Quick‑Build Fits Our Budget
Traditional concrete‑separated bike lanes can reach $1–12 million per mile when bundled with utility work and full street rebuilds. But quick-build bike lanes can be done much faster and cheaper.

A San Antonio Bike Network memo found that interim “quick‑build” protected lanes were about 48–49% cheaper per segment than full‑build versions, confirming that quick‑build nearly halves costs while still delivering separation and safety.

On the cheaper end, San Diego implemented a three‑mile dedicated bus lane and protected bike lane for about $100,000 from the city’s general fund—roughly $33,000 per mile for a multi‑modal quick‑build corridor.

In 2020, San Luis Obispo converted one downtown motor‑vehicle lane on Higuera Street into a buffered/quick‑build bike lane using paint and simple materials. The city reports it “took less than a week to install and cost a mere $15,000.” Berkeley’s Adeline Street Quick‑Build project will create a roughly 1.75‑mile protected bike lane by reallocating lanes and using interim materials as part of a repaving project. The cost? Approximately $1,041,000, or about $595,000 per mile for a two‑way protected bikeway corridor in an urban context.

Cities can install cost‑effective protected lanes first and then upgrade them over time as funding allows. Quick‑build lets us move now, within our existing financial realities.

With a dedicated investment of $1.5 million a year through 2030, Santa Cruz could deliver multiple miles of quick‑build protected lanes annually, creating a connected, low‑stress network that supports Vision Zero, climate, economic development, and public health goals at the same time.

17.47 Request
To honor our Vision Zero 2030 commitment and give residents safer, healthier ways to get around, I respectfully ask you to:

1. Create a dedicated quick‑build protected bike lane program funded at $1.5 million per year through 2030.

2. Urge staff to focus first on high‑injury streets and school routes, ranking projects in the CIP according to safety metrics.

3. Use every repaving project as a potential opportunity to install quick-build protected bike lanes and other low-cost safety measures.

4. Set a clear goal to complete a connected network of protected bike lanes by 2030, using quick‑build now and upgrading over time.

Cities our size are already showing that this approach can save lives without breaking the budget. Santa Cruz can and should do the same.

Sincerely,
Kevin
Image sources(see attached images):

17.48 https://nacto.org/wp-content/uploads/2016PeoplefoBikes_Quick-Builds-for-BetterStreets.pdf https://www.sfmta.com/vision-zero-quick-build-program
https://www.aarp.org/livable-communities/tool-kits-resources/info-2016/pop-up-protectedbike-lane.html https://www.calbike.org/our_initiatives/quick-build-bikeway-networks-for-safer-streets/ https://www.sfmta.com/projects/sloat-blvd-quick-build-project

17.49 From: Kobun Truelove
To: City Council
Cc: Shebreh Kalantari-Johnson; Scott Newsome
Subject: Please fund safer streets and wheel chair accessible side walks on Laurel Street Date: Tuesday, April 28, 2026 6:10:05 PM
Dear Council Members,
As a resident living near Laurel Street, I am writing to express my serious concerns regarding local safety. Current traffic speeds and volumes have created a hazardous environment, resulting in frequent close calls for pedestrians, cyclists, and drivers. Furthermore, the persistent traffic noise and ongoing construction are significantly impacting our quality of life.

The danger of our current infrastructure was recently demonstrated when a neighbor from Arbor Cove was seriously injured. His wheelchair hit uneven pavement in a construction zone, requiring emergency hospitalization and several weeks of recovery at Santa Cruz Post Acute Care.

I urge you to prioritize the safety of all residents by funding traffic calming measures, wheelchair-accessible sidewalks, and protected bike lanes on Laurel Street in the upcoming budget.

Sincerely,
Kobun Truelove

17.50 From: Lauren Eisenberg
To: City Council
Cc: Shebreh Kalantari-Johnson; Scott Newsome
Subject: Please fund safer streets on Laurel Street
Date: Tuesday, April 28, 2026 6:31:26 PM
Dear Councilmembers,
I live near Laurel Street and am concerned about safety. Traffic speeds and volumes are too high, leading to frequent close calls for people walking, biking, and driving. The constant traffic noise also affects daily life.

I urge you to fund traffic calming and protected bike lanes on Laurel Street in the upcoming budget.

Thank you for your leadership.

Sincerely,
Lauren Eisenberg, Realtor
Bailey Properties, Inc.
831.419.4018 Mobile
CalBRE#01402836
Sent from my iPhone

17.51 From: Claire Boland
To: City Council
Cc: Sonja Brunner
Subject: Please Fund Safe Streets
Date: Thursday, April 30, 2026 2:33:19 PM
Hi Mayor and Councilmembers,
I live in the Seabright neighborhood of Santa Cruz and am a parent of a four year old and twin one year olds. I’m concerned we’re not moving fast enough to make our streets safe for people walking, biking, and using mobility devices.

Like many Santa Cruz parents, I use an e-cargo bike as my primary transportation for school drop off and pick up. We actually have two bikes so our family doesnt ever need to be in a car on weekends - it is the best. Santa Cruz has great infrastructure and the perfect biking weather. It's good exercise for me, gives my children a great sense of community and place, lowers my gas bills and is good for our air quality.

I bike from Seabright Ave to High St every day. Twice in the last 4 months, my daughter and I have had close calls on Soquel Ave on the way home. In both cases, cars were pulling in or out of parking spots across from Whole Foods. In one instance, they almost hit us. I wear a safety vest, have bike lights and also play music but understand that people just don't look. I would love for Santa Cruz to cost effectively look at Seabright for designated bike lanes and safer crossings.

As you finalize the budget, please invest General Fund dollars into quick-build safety projects —including protected bike lanes, safer crossings, and traffic calming.

Thank you for your time,
Claire
--
Claire Boland
617-817-8153

17.52 From: Farid Zakaria
To: Renee Golder; Fred Keeley
Cc: City Council
Subject: Crosswalk at Western and High St
Date: Friday, May 1, 2026 6:29:30 AM
Hello Mayor and Councilmember,
I live in the District 6 neighborhood of Santa Cruz and am a parent at Coastal Community Preschool and Westlake Elementary.

I aam concerned we’re not moving fast enough to make our streets safe for people walking, biking, and using mobility devices.

This matters to me because I bike to school daily with my children. The intersection crossing at High St and Western is incredibly sketchy. Cars come barreling down empire grade and there is no official cross walk or light.

Western itself also has a decent bike lane but some recent middle lane paint strips and tall deflectors ruined it ... Everyone just drove over them after they were installed because they were a hazard.

The new bike lane on Bay St is nice though !
As you finalize the budget, please invest General Fund dollars into quick-build safety projects —including protected bike lanes, safer crossings, and traffic calming.

Thanks
PS: Thanks for speaking to the Scouts earlier.

Farid Zakaria

17.53 From: Martha Legare
To: City Council
Cc: Shebreh Kalantari-Johnson; Scott Newsome
Subject: Please fund safer streets on Laurel Street
Date: Friday, May 1, 2026 4:51:30 PM
Dear Councilmembers,
I live near Laurel Street and am concerned about safety. Traffic speeds coming down the hill and volume are too high, leading to frequent close calls for people walking, biking, and driving. I don’t hear the traffic noise but my neighbors do.

I urge you to fund traffic calming (but not by removing a lane, like my former city) and protected bike lanes on Laurel Street in the upcoming budget.

Thank you for your leadership.

Sincerely,
Martha Legare
Sent from my iPhone. Forgive the brevity, typos, and lack of nuance.

17.54 From: [email protected]
To: City Council
Cc: Shebreh Kalantari-Johnson; Scott Newsome
Subject: Please fund safer streets on Laurel Street
Date: Friday, May 1, 2026 5:11:10 PM
Dear Councilmembers,
I live near Laurel Street and am concerned about safety. Traffic speeds and volumes are too high, leading to frequent close calls for people walking, biking, and driving. The constant traffic noise also affects daily life.

I urge you to fund traffic calming and protected bike lanes on Laurel Street in the upcoming budget.

Thank you for your leadership.

Sincerely,
Sent from my iPhone

17.55 From: Grace Davis
To: City Council
Cc: Shebreh Kalantari-Johnson; Scott Newsome
Subject: Please fund safer streets on Laurel Street
Date: Friday, May 1, 2026 5:21:26 PM
Dear Councilmembers,
I live near Laurel Street and am concerned about safety. Traffic speeds and volumes are too high, leading to frequent close calls for people walking, biking, and driving. The constant traffic noise also affects daily life.

I urge you to fund traffic calming and protected bike lanes on Laurel Street in the upcoming budget.

Thank you for your leadership.

Sincerely,

17.56 From: Eliot Kalman
To: City Council
Cc: Shebreh Kalantari-Johnson; Scott Newsome
Subject: Please fund safer streets on Laurel Street
Date: Saturday, May 2, 2026 11:58:06 AM
Dear Councilmembers,
I live near Laurel Street and am concerned about safety. Traffic speeds and volumes are too high, leading to frequent close calls for people walking, biking, and driving. The constant traffic noise also affects daily life.

I urge you to fund traffic calming and protected bike lanes on Laurel Street in the upcoming budget.

Thank you for your leadership.

Sincerely,
Eliot Kalman
134 Tree frog Lane
Santa Cruz, CA. 95060

17.57 From: Virginia Cagney
To: Shebreh Kalantari-Johnson; City Council
Subject: My story: Please fund safer streets in this year’s budget Date: Monday, May 4, 2026 2:04:49 PM
Hello Mayor and Councilmembers,
I live in the Westside neighborhood of Santa Cruz and am a parent member at Coastal Community Preschool and Westlake Elementary. I’m concerned we’re not moving fast enough to make our streets safe for people walking, biking, and using mobility devices.

This matters to me because I am 39 weeks pregnant now and walk my 2 older children from CCP to Westlake every day. The road between the schools is not safe for children to navigate on their own, and requires me to overextend myself for their safety daily when I walk between my car and the classroom. The road is narrow and the passing cars is a consistent risk to all of us.

As you finalize the budget, please invest General Fund dollars into quick-build safety projects —including protected bike lanes, safer crossings, and traffic calming.

Thank you,
Virginia Cagney

17.58 From: Logan Cardoza
To: City Council
Cc: Susie O"Hara
Subject: Improve Safety on River Street Corridor
Date: Monday, May 11, 2026 1:19:26 PM
Dear Councilmembers,
I work and spend time near River Street between Water Street and Highway 1, and it feels unsafe. Fast traffic makes walking, biking, and crossing difficult—and it discourages people from visiting local businesses.

River Street should serve the people and businesses here, not just pass-through traffic. Please fund traffic calming and protected bike lanes in the upcoming budget.

Specifically funding hardened bicycle infrastructure that creates physical protection for users will create a more appealing street for all and help connect the area with Santa Cruz’s bicycle network.

Thank you,
Logan Cardoza

17.59 From: Laura Livingston
To: City Council
Subject: My story: Please fund safer streets in this year’s budget Date: Wednesday, May 13, 2026 12:05:36 PM
Hello Mayor and Councilmembers,
I live in the Laurel Street neighborhood of Santa Cruz. I’m concerned we’re not moving fast enough to make our streets safe for people walking, biking, and using mobility devices.

This matters to me because I have seen too many close calls between bikes and cars on King, Laurel, Mission and Bay Streets. As the price of gasoline rises and continues to do so, more and more people are riding bikes, walking, scootering or skateboarding and we want to encourage this for the long term. People need to feel safe if they are to continue to use alternative ways of transportation.

As you finalize the budget, please invest General Fund dollars into quick-build safety projects —including protected bike lanes, safer crossings, and traffic calming.

Thank you,
- Laura Livingston

17.60 From: Natasha Pedroza
To: City Council
Subject: Safer Streets
Date: Wednesday, May 13, 2026 12:40:30 PM
Hello Mayor and Councilmembers,
I live downtown with my husband, two kids, and dog. It is really important to me that we make streets safe while my young family is still particularly vulnerable to safety concerns.

One of my kids walks/rides to Santa Cruz High School and another will be walking/riding to Mission Hill Middle School in just a few years. Getting to the middle school, in particular from downtown, is particularly dangerous as they attempt to cross Chestnut St. at Mission.

Crossing the footbridge near the mission is dangerous for other reasons (enclosed space with loitering adults, cyclists riding bikes quickly down the spirals where pedestrians are walking).

We want to be able to give our kids the independence they want to grow, but it is hard knowing there is not a safe option.

As you finalize the budget, please invest General Fund dollars into quick-build safety projects—including protected bike lanes, safer crossings, and traffic calming.

We really appreciate your consideration and care.

Warm regards,
Natasha Pedroza and the rest of the Pedroza family

17.61 From: michael mora
To: City Council
Subject: My story: Please fund safer streets in this year’s budget Date: Wednesday, May 13, 2026 1:33:33 PM
Hello Mayor and Councilmembers,
I live in Aptos. I’m concerned we’re not moving fast enough to make our streets safe for people walking, biking, and using mobility devices.

This matters to me because biking into Santa Cruz does not feel safe due to traffic, congestion, and narrow streets with no room between moving cars and parked ones. I would like to be able to safely bike to and around Santa Cruz for appointments, shopping, dining, entertainment, etc .

As you finalize the budget, please invest General Fund dollars into quick-build safety projects—including protected bike lanes, safer crossings, and traffic calming.

Thank you,
Michael Mora

17.62 From: Christophe Koch
To: City Council
Subject: Please fund safer streets in this year’s budget Date: Wednesday, May 13, 2026 1:39:46 PM
Christophe Koch / zozo studio / 650 284 6979
Hello Mayor and Councilmembers,
I live in the West side neighborhood of Santa Cruz. I’m concerned we’re not moving fast enough to make our streets safe for people walking, biking, and using mobility devices.

This matters a lot to me because friendly alternatives to the curent 1950 car powered lifestyle staus quo are key to our long term resilience facing global warming. Cities around the world like famously known Copenhagen & Amsterdam have demonstrated the importance and success for developing healthy transportation solutions. People & families live closer to each other and are more happy even though their climate is quite rough most of the time. Less pollution, more exercise, relief from cars who have the necessity to stay on the road for various reasons, new small business opportunities, etc, etc..so many reasons to move away from our curent habits driving for any reason. Please help make the change, this town & region would be so much more enjoyable & safe.

As you finalize the budget, please invest General Fund dollars into quick-build safety projects—including protected bike lanes, safer crossings, and traffic calming.

Thank you,
Christophe Koch / surfer, biker, designer

17.63 From: Pauline Seales
To: City Council
Cc: Kevin Norton
Subject: Safer Streets
Date: Wednesday, May 13, 2026 4:04:29 PM
To(copy and paste): [email protected]
Hello Mayor and Councilmembers,
I live in the lower West side neighborhood of Santa Cruz. I’m concerned we’re not moving fast enough to make our streets safe for people walking, biking, and using mobility devices.

This matters to me because we need to greatly reduce the use of motorized vehicles to fight climate change. For that to work we need safer streets. West cliff needs more crosswalks.

As you finalize the budget, please invest General Fund dollars into quick-build safety projects—including protected bike lanes, safer crossings, and traffic calming.

Thank you,
Pauline Seales
Lower West Side
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Subject: My story: Please fund safer streets in this year’s budget Hello Mayor and Councilmembers,
I live in the ___ neighborhood of Santa Cruz. I’m concerned we’re not moving fast enough to make our streets safe for people walking, biking, and using mobility devices.

This matters to me because: ___ (mention a specific street, intersection, or experience).

As you finalize the budget, please invest General Fund dollars into quick-build safety projects—including protected bike lanes, safer crossings, and traffic calming.

Thank you,
[Name]
[Neighborhood]
To(copy and paste): [email protected]
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Copy and paste this message:

Subject: My story: Please fund safer streets in this year’s budget Hello Mayor and Councilmembers,
I live in the ___ neighborhood of Santa Cruz. I’m concerned we’re not moving fast enough to make our streets safe for people walking, biking, and using mobility devices.

This matters to me because: ___ (mention a specific street, intersection, or experience).

As you finalize the budget, please invest General Fund dollars into quick-build safety projects—including protected bike lanes, safer crossings, and traffic calming.

Thank you,
[Name]
[Neighborhood]

17.64 From: Henry Cordova
To: City Council
Cc: Shebreh Kalantari-Johnson; Scott Newsome
Subject: Please fund safer streets on Laurel Street
Date: Sunday, May 17, 2026 5:53:59 PM
Dear Councilmembers,
I live near Laurel Street and am concerned about safety. Traffic speeds and volumes are too high, leading to frequent close calls for people walking, biking, and driving. The constant traffic noise also affects daily life.

I urge you to fund traffic calming and protected bike lanes on Laurel Street in the upcoming budget.

Thank you for your leadership.

Sincerely,
Henry Cordova

17.65 From: Sara McLellan
To: City Council
Subject: My story: Please fund safer streets in this year’s budget Date: Monday, May 18, 2026 6:24:22 PM
Hello Mayor and Councilmembers,
I live in the lower Westside neighborhood of Santa Cruz on Delaware Ave. I’m concerned we’re not moving fast enough to make our streets safe for people walking, biking, and using mobility devices.

This matters to me because the bike lane from Bay Street to Natural Bridges Dr. is unsafe.

Cars are not stopping for bikes. One time I was crossing the Fair street by New Leaf and a car almost hit a woman riding her bike and her dog. My friend Renè lives near the bike lane that goes across Almar and he often hears or sees accidents, and has noticed that often women are the victims. We need stop signs or rumble strips to slow cars down and make it safe for people riding bikes.

I also think that West Cliff Dr. should be a one way street with the other street converted into a bike lane. Yesterday I was walking along West Cliff Drive and people riding bikes were flying down the path that is shared with pedestrians, roller skaters, people pushing baby strollers, and people walking dogs. It is not safe for people riding bikes to go fast along the shared path.

As you finalize the budget, please invest General Fund dollars into quick-build safety projects —including protected bike lanes, safer crossings, and traffic calming.

Thank you,
Sara McLellan

17.66 From: Anna Chan
To: City Council
Subject: My story: Please fund safer streets in this year’s budget Date: Tuesday, May 19, 2026 10:52:54 AM
Hello Mayor and Councilmembers,
I live in the Downtown neighborhood of Santa Cruz. I’m concerned we’re not moving fast enough to make our streets safe for people walking, biking, and using mobility devices.

This matters to me because I cross the intersection of Mission Street and Green Street multiple times a day, and it feels unsafe. I’ve almost been hit several times while using the crosswalk there. Traffic is often backed up, and drivers don’t always notice the “Keep Clear” section, so they think something is happening ahead and suddenly switch into the open lane to bypass traffic—sometimes while I’m actively crossing the street. There have also been situations where one car stops correctly for a pedestrian, but the car behind them doesn’t realize in time and nearly crashes into them. It’s a stressful and dangerous intersection for pedestrians.

As you finalize the budget, please invest General Fund dollars into quick-build safety projects —including protected bike lanes, safer crossings, traffic calming, and a signalized crosswalk at Mission and Green.

Thank you,
Anna Chan

17.67 From: Steve Palmisano
To: City Council
Subject: Please fund safer streets in this year’s budget Date: Tuesday, May 19, 2026 1:58:22 PM
Hello Mayor and Councilmembers,
I ride my bike as my main method of transportation in town. We've made some wonderful advances in creating protected bike lanes across Santa Cruz over the last few years, and I wanted to express my gratitude for the work completed to date.

However, much work remains, and I am concerned we’re not moving fast enough to make our streets safe for people walking, biking, and using mobility devices.

As you finalize the budget, please invest significant General Fund dollars into quick-build safety projects— including additional protected bike lanes, safer crossings, and traffic calming.

Thank you for all that you do in serving our community.

Steve Palmisano
City Council District 6

17.68 From: Brett Hatch
To: City Council
Subject: Please fund safer streets in this year’s budget, especially 2nd St Date: Tuesday, May 19, 2026 4:33:13 PM
Hello Mayor and Councilmembers,
I live on Younger Way in the Beach Hill neighborhood of Santa Cruz. I’m concerned we’re not moving fast enough to make our streets safe for people walking, biking, and using mobility devices
This matters a lot to me because my partner and I walk or bike about five days per week in the Beach Hill, Downtown, and Westside neighborhoods
The most worrying bit of road to me 2nd Street between Cliff St and Younger Way. This is a steep hill which motor vehicles charge up for fun, dozens of times per day and night. There are already traffic calming chicanes with trees, but they are not sufficient to prevent drivers from frequently flooring it up the hill. I have had 2 close calls this month alone, and have decided that biking up this street is simply too dangerous, due to motorist behavior. Crossing the street near the top of the hill is also a no-go. Steep speed bumps might be a cost-effective choice here
As you finalize the budget, please invest General Fund dollars into quick-build safety projects, including protected bike lanes, safer crossings, and traffic calming, especially on 2nd St above Cliff St.

Thank you,
Brett Hatch, a cyclist and resident of Beach Hill neighborhood

17.69 From: Ariel Zucker
To: City Council
Subject: Please allocate something for sidewalks in this year’s budget Date: Wednesday, May 20, 2026 7:23:13 AM
Dear Mayor and Councilmembers,
I moved to Santa Cruz in 2021, and it's been wonderful. I am so happy to have found a wonderful neighborhood on the lower west side, and made friends with so many of my friendly neighbors.

However, one thing that my neighborhood on the LWS really lacks is sidewalks. When I first arrived here, this was salient because as a runner, I had to run in the street to get anywhere. It's nearly impossible to jog on sidewalks throughout the west side, and it's terrifying. Plus, the lack of curb cuts make for a lot of ankle-twisting on-and-offs.

Now as a parent, it's even more salient. My daughter's school is two blocks away. But there is no continuous sidewalk to her school. Garfield Park is about 100 meters away. But there is no continuous sidewalk to the park. The beach is about 500 meters away. But there is no sidewalk to the beach, and the lack of curb cuts means that even if there were, with a stroller, I can't even use them. Plus, neighbors are allowed to build fences and maintain gardens in the public right-of-way (e.g. 112 Sunset) with impunity.

It's also salient because I recently (voluntarily) redid the sidewalk in front of my home to be wider and include a parking strip. I constantly hear from people walking by how grateful they are. Elderly neighbors, random people with kids on bikes, people with strollers, joggers, you name it! Even our neighbor in a wheelchair, who has to roll into the street as soon as he passes our house and the sidewalk ends, thanks us every single time he passes, saying "I love your sidewalk!!!"
Yet then I watch him roll into the street and dodge the oncoming traffic.

This pattern is repeated across the city. The scale of the problem is large.

I believe we have to start improving access to sidewalks systematically in this city. I am so grateful for the improvements to Escalona, which have really improved my running route, but one-off grant funding is not enough. We need sustained attention and investment in safe walking, running, and rolling.

Please invest some of the General Fund into quick-build sidewalks. This could include some funding for enforcing homeowners to keep their right-of-way clear of fences and shrubs (like 112 Sunset and 358 Plateau in my regular walk), matching grants for property owners to replace their sidewalks, or a commitment to connecting key city landmarks with complete sidewalks.

Thank you,
Ariel Zucker
709 Almar
________________________________________________________________

17.70 Ariel Zucker
arielzucker.net
Pronouns: she, her, hers
+1 510 332 3059

17.71 From: Prominent Survivor*
To: City Council
Subject: My story: Please fund safer streets in this year’s budget Date: Wednesday, May 20, 2026 10:55:00 AM
Hello Mayor and Councilmembers,
I live in the ___ neighborhood of Santa Cruz. I’m concerned we’re not moving fast enough to make our streets safe for people walking, biking, and using mobility devices.

This matters to me because: __sidewalks are not wide enough for us all, sometimes bikers need to bike lanes are parked in a majority of the time leaving bikers to be more in the streets, and the bike lanes in some areas are cracked heavily to where the biker has little space yet needs to move around or they may fly over handle bars, smoking weed drivers are actually not even legalized to be smoking and driving and may suggest to put a check point on this street every so often to enforce weed drivers to use a safe driver as they should have been doing like with a drunk driver? there are kids in vehicles and babies families that crash or lose lives due to this illegal action and major dope deals happening in plain site at the river walk where kids walk also ppl crowding and smoking meth along the walls of the river bridge walk in public bathrooms and children families that are sober, don't do drugs, and took time actually get and remain sober walk into these public spaces and Porto pot getting high due to their previous take up times, I have encountered many times catching ppl getting high in public bathrooms in places kids families can't use or change their babies due to this it affects ppl and could also be one cause of driving N crashing for one that isn't used to such things. kids are not walking in safe environments due to many getting high in public bathrooms, driving while high on weed I looked this up weed was only LEGAL and to be legally transported for medical use ONLY, NOT FOR RECREATIONAL USE, so unless they have a medical card for this usage they should be ticketed as well as drunk driver or arrested, I've almost been hit in cross walks many times due to drivers that smoke, it makes em lazy, unable to focus better and slow even to respond ing like alcohol similar effects sleepy driving is the term for this. So I suggest cats be checked and put in order with surprise check points until a medical card is enforced for anyone who carries large amouts of marijuana in vehicles which is illegal for recreational usage NOT MEDICAL. we have dealers selling weed and smoking and driving, same with dope a check point and enforcing a medical card and safe driver check point every so often should be enforced and public restroom checks as well I've been sober 14 years and I feel I did it for nothing when I walk into a bathroom and the tweaker won't even open the bathroom up until they're done smoking at times no one should have to wait that long to use the bathrooms. I LOST MY DAUGHTER LONG AGO DUE TO my issues with drugs drug sales and marijuana was one of my culprits then also I CAN NEVER HAVE HER BACK weed was illegal then NOW I WORKED hard to get sober and stay there, so HELP ME CAUSE IT'S

NOT RIGHT THAT KIDS ARE LEGALLY HIGH TODAY WHEN IT WASN'T LEGAL IN MY TIME, even walking down the streets on river street and Pacific especially along the river walk many many getting high when children are walking by also. no one wants to enjoy the Riverwalk cause Santa CRUZ HAS NOW BECOME SANTA CRACK TOWN. So I suggest surprise enforcements check points to all drivers on the Streets for medical cards and safe driver enforcement like you guys do with alcohol drunk driving, public bathrooms river walk area, all up and down Pacific and river street. and keep doing it until it is known weed is only legal FOR MEDICAL USE ONLY NOT RECREATIONAL use. Until bathrooms are drug free, until the smoking of weed isn't ok to just smoke anywhere especially with kids along public spaces, families with babies driving N dying cause of weed smokers, maybe even call it

17.72 the "check point enforcement act". ppl are even stopping in the crosswalks we cross cars blocks their views on corner parkings doesn't help them either. create more parking spaces for public since it's a tourist town.

As you finalize the budget, please invest General Fund dollars into quick-build safety projects —including protected bike lanes, safer crossings, and traffic calming.

Thank you,
Stephanie Resa

17.73 From: Sandra Toscano
To: City Council
Subject: My story: Please fund safer streets in this year’s budget Date: Wednesday, May 20, 2026 3:50:26 PM
Hello Mayor and Councilmembers,
I live in the mission/_emmit__ neighborhood of Santa Cruz. I’m concerned we’re not moving fast enough to make our streets safe for people walking, biking, and using mobility devices.

This matters to me because: i have come close to being hit by a car,at the crosswalk at mission and emmitby cars that go to fast dont see me and others that just dont stop i have lived here for five and half years and it has only gotten worst someone is going to die or be seriously hurt if somthing isn't done. the blinking lite to have cars stop so pedestrians_can cross safely would be ideal for this cross walk.also the streets emmit,high and sylamar are in need of speed bumps the traffic that goes around the park is just as fast as the busy street mission.there happens to be a school that sits on emmit with small children. so i hope that your budget will please take a serious look at this area.thanyou for the opportunity to voice my opinions on this serious matter.
_ (mention a specific street, intersection, or experience).

As you finalize the budget, please invest General Fund dollars into quick-build safety projects —including protected bike lanes, safer crossings, and traffic calming.

Thank you,
[Name]

17.74 From: Steve Lustgarden
To: City Council
Subject: Please invest general funds in measures to protect pedestrians and cyclists! Date: Wednesday, May 20, 2026 5:08:37 PM
Dear City Council Members,
As you craft a budget for the coming year, please invest General Fund dollars into:
protected bike lanes,
safer crossings,
traffic calming,
and quick-build safety improvements.

I travel around the city by bicycle and on foot. Many streets and crossings feel unsafe, especially Soquel Avenue between downtown and Dominican Hospital. I have had numerous close calls on this street. I am also concerned about drivers exceeding the speed limit throughout the City and the lack of enforcement of excessive speed and distracted driving.

Please invest General Fund monies in protecting vulnerable road users.

Thank you
Steve Lustgarden, Seabright

17.75 From: Anabel Bleh
To: City Council
Subject: My story: Please fund safer streets in this year’s budget Date: Wednesday, May 20, 2026 7:15:34 PM
Hello Mayor and Councilmembers,
I live in the neighborhood of Santa Cruz. I’m concerned we’re not moving fast enough to make our streets safe for people walking, biking, and using mobility devices.

This matters to me because: ___ (mention a specific street, intersection, or experience).

As you finalize the budget, please invest General Fund dollars into quick-build safety projects—including protected bike lanes, safer crossings, and traffic calming.

Thank you,
[Name]
Treat yourself and others with kindness,
Nancy Anabel Gonzalez

17.76 City of Santa Cruz
Transportation and Public Works
Commission
Public Works | Administration
809 Center Street, Room 201
Santa Cruz, CA 95060
Page | 1
May 20, 2026
TO: Mayor Fred Keeley, Vice Mayor Shebreh Kalantari-Johnson (District 3), Councilmember Gabriela Trigueiro (District 1), Councilmember Sonja Brunner (District 2), Councilmember Scott Newsome (District 4), Councilmember Susie O'Hara (District 5), and Councilmember Renee Golder (District 6)
FROM: Ryan Meckel, Transportation and Public Works Commission Chair SUBJECT: Transportation and Public Works Commission Recommendation on the City of Santa Cruz Public Works Department’s FY 2027 Operating Budget and FY 2027-2031 Capital Investment Program
Public Works meets the FY 2027 budget theme of “delivering on our commitments” through its ongoing investment in the Santa Cruz community, its staff, and the systems they serve. The City of Santa Cruz (City) Transportation and Public Works Commission (Commission) expresses strong support for the Public Works Department’s Fiscal Year 2027 Operating Budget and Capital Investment Program (CIP).

These recommendations reflect the Commission’s continued engagement and oversight and align with a shared commitment to effective capital planning, public safety, staff well-being, and reliable delivery of essential services to the community.

Through consistent collaboration, Public Works has remained responsive to input from both the community and the Commission, ensuring priorities are aligned while maintaining high-quality service for residents and visitors. Staff are essential to delivering on these commitments, maintaining the City’s infrastructure, managing a diverse portfolio of projects, overseeing more than 100 public facilities and over 600 assets, and applying the technical expertise and strategic planning necessary to sustain and enhance these critical systems.

At its April 20, 2026 meeting, the Commission unanimously recommended City Council (Council) approve of the proposed FY 2027 budget, commending the Public Works Department’s responsible financial planning and prioritization. The Commission appreciates the opportunity to provide this recommendation and remains committed to partnering with Council and Public Works to advance resilient, innovative, and high-quality service for the community.

If additional General Fund resources become available in FY 2027, the Commission requests that the Council consider allocating funding for additional traffic calming projects. The commission received public comment requesting, additional funds for quick-build roadway safety improvements. The City’s traffic calming pilot program has an adopted toolkit of quick-build safety improvements and a list of over 300 requests ready to be worked on. The requests were prioritized using a Vision Zero framework to identify. The pilot traffic calming project prioritized the requests and implemented three interventions with a budget of $205,000. While over a dozen of CIP projects like Bay Street Corridor Improvements, Downtown Intersection Improvements, and Rail Trail focus on improving safety by reducing severe

17.77 Page | 2
injuries and fatalities, general fund to support traffic calming projects on lower volume, local roadways would allow the public works team to continue implementing improvements and achieve Vision Zero in neighborhoods.

Public Works Budget At-a-Glance:
• The FY 2027 operating budget includes 36 activities across 17 funds (General, enterprise, special districts, central and internal service).
• A $48,244 General Fund increase supports rising costs for key contract renewals, including elevator/janitorial services, solar O&M, professional services and software, and the public restroom program.
• A proposed Management Analyst position would expand capacity for department safety, grants and reimbursements, budget and CIP coordination, expense control, and HR liaison support. • The FY 2027–2031 CIP includes 73 active projects managed by 19 project managers, with approximately 60% supported by grant funding.

Exceptional Successes:
• Completed major projects including West Cliff Drive reconstruction, the Traffic Calming Pilot Program, the Active Transportation Plan Update, Pacific Beach Roundabout enhancements, and the Resource Recovery Facility cost-of-service study with new disposal rates implemented. • Initiated key efforts such as the Lighthouse Point Geological Hazard Study, San Lorenzo River and Soquel Pump Station design (Phase 1), and construction of the Wastewater Treatment Facility Headworks project and permanent enclosed flare station. • Expanded operational and community services, including new wharf refuse collection, support for downtown businesses through special requests and cleanup efforts, and certification of seven businesses and the first school in the Green Business Program.

Goals and Challenges (Opportunities) Ahead:
• Advance major capital and infrastructure projects, including completing in-water work on the Murray Street Bridge and County sewer realignment (reopening to one-way traffic), WWTF Headworks construction, Rail Trail Segments 8 and 9 design, and Phase 1 Plan Lines for the Downtown Expansion Plan area.
• Progress critical environmental and resiliency efforts, including West Cliff multi-use path realignment, installation of the permanent enclosed flare station, and initiation of advance design for the Wastewater Energy and Electrical Resiliency (WEER) project. • Implement operational and financial system improvements, including transitioning Fleet, Landfill, and Utility Billing systems (Cityworks and SpryPoint), completing the Resource Recovery 5-year rate study and Prop 218 process, and analyzing Stormwater Fund revenue to support long-term fiscal stability.

Looking ahead to FY 2027, the Public Works Department will manage a significant portfolio of capital projects to maintain public safety and ensure delivery on schedule and within budget, including several with critical grant deadlines that must be met to avoid funding loss and project deferrals. In parallel, the department will advance major system upgrades supporting the Citywide Project NATE initiative, including implementation of a new ERP system, enterprise permitting and licensing software, a utility billing platform, and a CMMS for fleet assets. The department continues to face challenges related to critical vacancies and constrained resources while remaining obligated to deliver existing projects and programs. Amid these demands, there are also opportunities to celebrate, including the Resource Recovery Facility’s centennial in 2026, with planned events and educational outreach throughout the year.