Agenda packet — Santa Cruz City Council, February 8, 2022 (part 1 of 2)

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

CITY COUNCIL AGENDA
Regular Meeting – February 8, 2022
Updated February 4, 2022
1:00 P.M. CLOSED SESSION, ZOOM
2:00 P.M. CONSENT, PUBLIC HEARING, GENERAL BUSINESS AND ORAL

COMMUNICATIONS, ZOOM
COVID-19 ANNOUNCEMENT: Due to the Omicron variant, in an abundance of caution, this meeting will be held via teleconference ONLY.

In order to minimize exposure to COVID-19 and to comply with the social distancing suggestion, the meeting may be viewed remotely, using any of the following sources:
 Click on Zoom link (no time delay): https://zoom.us/j/94684401344  Online at http://www.cityofsantacruz.com/government/city-council/council-meetings  Online at Watch – Community Television of Santa Cruz County  Comcast Channel 25
Or: Call any of the numbers below. If one is busy, try the next one.  1-833-548-0276 (Toll Free)
 1-833-548-0282 (Toll Free)
 1-877-853-5247 (Toll Free)
 1-669-900-9128
Enter the meeting ID number: 946 8440 1344
 When prompted for a Participant ID, press #.
 Press *9 on your phone to “raise your hand” when the Mayor calls for public comment.  It will be your turn to speak when the Mayor calls on you. Press *6 to unmute yourself.

The timer will then be set to 2 minutes.

Correspondence to be included in the agenda packet must be received by 5:00 pm on Monday, February 7th.

February 8, 2022 City Council 2
PLEASE NOTE:

Requests for extra speaking time on items other than Oral Communications must be made by 5:00 p.m. on Sunday, February 6th by emailing the Mayor and the City Clerk.

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

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

Closed Session
1:00 PM
Closed Session
The Agenda has been updated to include the following item.

1. Conference with Legal Counsel - Anticipated Litigation (Government Code §54956.9(d)(2))
Significant exposure to litigation (1 potential case to be discussed)

2. Conference With Legal Counsel – Liability Claims (Government Code §54956.95)
1) Claimant: Brooke Elaine Murdoch
2) Claimant: Rhonda Elaine Reyna
Claims against the City of Santa Cruz
February 8, 2022 City Council 3
City Council
2:00 PM
Call to Order
Roll Call
Presentation

3. Mayoral Proclamation Declaring February as Black History Month in Santa Cruz
Presiding Officer's Announcements
Statements of Disqualification
Additions and Deletions
Oral Communications Announcement – Community members may address the Council for two minutes or less about any matter not on the agenda. 30 minutes is allocated for Oral Communications. No extra time for groups will be granted.

City Attorney Report on Closed Session
City Manager Report

4. The City Manager will report and provide updates on the City's business, COVID-19 response, and events.

Council Meeting Calendar

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

February 8, 2022 City Council 4
Consent Agenda

6. Resolution Authorizing the City to Continue Teleconferenced Public Meetings Pursuant to Assembly Bill 361 (CA)
Resolution authorizing legislative bodies of the City of Santa Cruz to continue the use of teleconferenced meetings pursuant to Assembly Bill 361.

7. Resolution Extending Emergency Declaration in Connection with COVID19 Pandemic by Sixty (60) Days (CA) Resolution extending by sixty days the Declaration of Emergency in connection with the COVID-19 pandemic.

8. Resolution Extending the Emergency Declaration in Connection with the CZU August Lightning Complex Fire by Sixty (60) Days (CA) Resolution extending by sixty days the Local Emergency Declaration in Connection with the CZU August Lightning Complex Fire.

9. Resolutions Amending Council Policy 6.6: City Council Meetings – Oral Communications and Councilmember Handbook (CA)
Motion to:
1) Adopt a resolution amending Council Policy 6.6, City Council Meetings – Oral Communications.
2) Adopt a resolution amending the Councilmember Handbook provisions regarding the designated start time and length of oral communications.

10. Minutes of the January 25, 2022 City Council Meeting (CC) Motion to approve as submitted.

February 8, 2022 City Council 5
Consent Agenda (continued)

11. Establishment of a Council Ad Hoc Budget and Revenue Committee (CN)
Motion to:
1) Sunset the Council Ad Hoc Revenue Committee established on January 12, 2021;
2) Establish a Council Ad Hoc Budget and Revenue Committee (Committee) to explore long-term budgetary financial plans and capital project planning, and recommend new revenue-enhancement opportunities; and
3) Appoint the Mayor, Vice Mayor, and Councilmember Brown to the Committee as recommended by the Mayor.

12. Santa Cruz Cannabis Local Equity Program Manual (ED) Motion to approve the City of Santa Cruz Cannabis Local Equity Program Manual.

13. Liability Claims Filed Against the City of Santa Cruz (FN) Motion to reject the liability claims of a) Brooke Elaine Murdoch, and b) Rhonda Elaine Reyna, based on staff recommendation.

14. Housing Matters Hygiene Bay Remodel Project (p102205) – Authorization to Advertise and Award (PW)
Motion to approve the plans and specifications for the Housing Matters Hygiene Bay Remodel Project (p102205), authorize staff to advertise for bids, and award the contract. The City Manager is hereby authorized and directed to execute the contract in a form approved by the City Attorney. The Public Works Director is authorized to execute change orders within the approved project budget.

15. Purchase of Two Refuse Trucks (PW)
Motion authorizing the purchase of two replacement Refuse Trucks from the Refuse Fund, in the amount of $725,000 from TEC of California (Oakland, CA).

February 8, 2022 City Council 6
Consent Agenda (continued)

16. First Amendment to Agreement for Design Engineering for Brackney Landslide Area Pipeline Risk Reduction Project (WT)
Motion authorizing the City Manager to execute the First Amendment to the Professional Services Agreement for Design Engineering for Brackney Landslide Area Pipeline Risk Reduction Project in the amount of $328,469 with Mott MacDonald Group Inc. (San Jose, CA) in a form to be approved by the City Attorney, and authorizing the Water Director to execute future contract amendments within the approved budget.

17. Resolution Supporting an Application by the Santa Cruz Mid-County Groundwater Agency to the California Department of Water Resources for Grant Funding to be Used to Support Implementation of the Santa Cruz Mid-County Groundwater Sustainability Plan (WT)
Resolution supporting an application to the California Department of Water Resources for grant funding to be used to support implementation of the Santa Cruz Mid-County Groundwater Sustainability Plan.

18. Water Supply Augmentation Planning (WT)
Motion authorizing the City Manager to execute the Third Amendment to the Professional Services Agreement for Phase 2 Recycled Water Facility Planning Study in the amount of $350,000 with Kennedy Jenks Consultants (San Francisco, CA) in a form to be approved by the City Attorney.

End Consent Agenda
Public Hearing

19. 2nd Reading and Final Adoption of Ordinance No. 2022-01 Repealing Chapter 16.03 (Plumbing Fixture Retrofit Regulations) of the Santa Cruz Municipal Code (WT)
Adopt Ordinance No. 2022-01 to repeal Chapter 16.03 (Plumbing Fixture Retrofit Regulations) of the Santa Cruz Municipal Code.

February 8, 2022 City Council 7
General Business

20. Opposition to the Potential Adverse Abandonment Actions for Heavy Freight Rail Service on the Felton Branch Line and Santa Cruz Branch Rail Line (CN)
Direct the Mayor to notify the Santa Cruz Regional Transportation Commission that the Santa Cruz City Council opposes the potential adverse abandonment actions for heavy freight rail service on the Felton Branch Line and Santa Cruz Branch Rail Line.

21. Mid-year Update (FN/HR)

21.1. FY 2022 Budget Adjustments and Information on City’s Financial Status (FN)
Motion to:
1) Adopt a resolution amending FY 2022 budget appropriations to all funds as listed in Exhibit A, in the amount of $5,911,511 including $1,453,813 to the General Fund, and a total appropriation of estimated revenues as listed in Exhibit A in the amount of $5,273,232 to all funds, including a net reduction of $5,758,501 to the General Fund. 2) Authorize the City Manager to allocate budgetary changes within the applicable funds and departments.
3) Receive an update on the City of Santa Cruz’s financial status.

21.2. Resolution Amending the City of Santa Cruz Personnel Complement and Classification and Compensation Plans for the Parks and Recreation, Finance, Fire and Water Departments - Budget Adjustment (HR) Motion to:
1) Adopt a resolution amending the Classification and Compensation Plans and the mid-year FY 2022 budget personnel complement by approving position changes in four City Departments.
2) Resolution amending the FY 2022 budget to appropriate funds for the addition of a Principal Management Analyst within the Water Department.

February 8, 2022 City Council 8
Oral Communications
Adjournment
February 8, 2022 City Council 9

INFORMATION ITEMS PREVIOUSLY DISTRIBUTED TO CITY COUNCILMEMBERS ADDENDUM TO CITY COUNCIL AGENDA – FEBRUARY 8, 2022

22. City Manager: Update on Status of City Election-Related Items - 1/24/22 (CMFYI 258)

23. City Manager: CORE RFP Due Date Extension - 1/25/22 (CMFYI 259)

24. Finance Department: Portfolio Management Report – Pooled Cash and Investments as of December 31, 2021 - 1/24/22 (FNFYI 350)

MAYOR'S PROCLAMATIONS
ADDENDUM TO CITY COUNCIL AGENDA – FEBRUARY 8, 2022

25. Proclaiming January 29, 2022 as “Laura Hecox Day” and encouraging all members of our community to join in the celebration of her life, including her role in establishing the Santa Cruz Museum of Natural History, whose goal is sharing the fascination and reverence for the natural world integral to Laura Hecox’s life.

Advisory Body Appointments
The following positions are vacant. Council will make the appointments at a future meeting.

Board of Building and Fire Appeals One opening
Historic Preservation Commission One opening
Sister Cities Committee One opening
February 8, 2022 City Council 10
Public Hearing
If, in the future, you wish to challenge in court any of the matters on this agenda for which a public hearing is to be conducted, you may be limited to raising only those issues which you (or someone else) raised orally at the public hearing or in written correspondence received by the City at or before the hearing.

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

City Council Agenda Legislative History Addendum
No information was submitted.

City staff is responsible for providing the City Clerk with such documentation and information for the Legislative History Addendum. The information will be on file in the City Clerk’s Department.

The Addendum is a listing of information specific to City Council business, but which does not appear on a Council meeting agenda. Such entities would include, but not be limited to: Court decisions, Coastal Commission Appeals of City Council actions, Closed Session Agreements/Settlements, which are public record, Association of Monterey Bay Area Governments, Local Agency Formation Commission. 1 City Manager’s Report
February 8, 2022

4.1 4.2
3 Potential Revenue Measure

4.3 Chart 1
Excellent / Good Ratings for Job Being Done
by Santa Cruz City Government
0%
10%
20%
30%
40%
50%
60%
3/98 2/00 6/02 9/03 5/05 5/06 5/08 1/10 7/10 3/12 7/17 1/18 9/19 5/21 1/22 55%
51%
44%
49% 49%
42%
58%
46%
55% 53% 54% 55%
37% 38%
46%

4.4 Chart 2
Need For More Money for the City of Santa Cruz
26%
42%
11%
11%
9%
1st Qtr 2nd Qtr 3rd Qtr 4th Qtr 5th Qtr
Great Need
Some Need
No
Need
No
Opinion
Little
Need
68%

4.5 Very Serious Issues / Problems in the City of Santa Cruz Chart 5
73%
70%
65%
54%
49%
44%
36%
31%
31%
25%
F
C
E
J
H
G
I
A
D
B
High cost of housing in Santa Cruz
Need for adequate local future water supplies
Danger of wildfires
Effects of climate change here in Santa Cruz,
such as coastal erosion, extreme weather, and flooding
Crime in Santa Cruz
Impact of homelessness on
city neighborhoods, parks, and open spaces
Condition of City neighborhood parks and open space
Need for more housing and shelters for homeless people
Unpleasant conditions in the Beach area, downtown,
and other business districts in the city
Traffic congestion

4.6 Comparison of Votes on Sales Tax Measure:

April 2021 vs. January 2022
Chart 6
0%
10%
20%
30%
40%
50%
60%
70%
Initial Votes
04/2021
Initial Votes
01/2022
Final Votes
04/2021
Final Votes
01/2022
70%
61%
68%
59%
23%
32%
24%
33%
8% 8% 9% 9%
Total Yes
Total No
Undecided

4.7 8
Homelessness Response
● Citywide Action Plan under way
● Presented to Council and the community on
March 8
● Balancing individual support and community
needs
● Activating our values – health and safety,
resource stewardship, economic vitality,
collaboration, and more
● Quarterly Homeless Response Updates

4.8 9
Transition to District Elections
● Currently collecting community feedback
● Maps and survey
○ Online:
cityofsantacruz.com/districtelections
○ In person: City Hall (Room 9/10) Lobby,
Downtown Library, London Nelson
Community Center
● Other ways to engage
○ Attend a public forum
○ Attend public hearings
○ Dates and times TBD

4.9 10
What’s New with
Affordable Housing Projects

4.10 11
$29M for Pacific Station North
• $20M for
affordable housing
• $9.4M for
transportation
• $300K for
programming

4.11 Library Mixed Use Project
• Schematic design drawings are underway
• Community outreach planned for late February/early March • Contracted arborist report in progress
• Discussions underway to find new location for farmers market

4.12 Questions

4.13 Meeting Type
Holiday
Jewish Holiday
Regular Meeting
Special Meeting
Study Session (will be added as scheduled)
Budget Hearing
DATE Location Meeting Type
February 21
Courtyard Conf. Room Closed Session ‐ Closed to the Public Council Chambers Council Regular Meeting ‐ Open to the Public Courtyard Conf. Room Closed Session ‐ Closed to the Public Council Chambers Council Regular Meeting ‐ Open to the Public Courtyard Conf. Room Closed Session ‐ Closed to the Public Council Chambers Council Regular Meeting ‐ Open to the Public March 29 Council Special Meeting ‐ Open to the Public
April 15/16
Courtyard Conf. Room Closed Session ‐ Closed to the Public Council Chambers Council Regular Meeting ‐ Open to the Public Courtyard Conf. Room Closed Session ‐ Closed to the Public Council Chambers Council Regular Meeting ‐ Open to the Public Courtyard Conf. Room Closed Session ‐ Closed to the Public Council Chambers Council Regular Meeting ‐ Open to the Public Courtyard Conf. Room Closed Session ‐ Closed to the Public Council Chambers Council Regular Meeting ‐ Open to the Public May 24 and 25 Council Chambers Budget Hearings
May 30
Courtyard Conf. Room Closed Session ‐ Closed to the Public Council Chambers Council Regular Meeting ‐ Open to the Public Courtyard Conf. Room Closed Session ‐ Closed to the Public Council Chambers Council Regular Meeting ‐ Open to the Public July 4
Courtyard Conf. Room Closed Session ‐ Closed to the Public Council Chambers Council Regular Meeting ‐ Open to the Public Courtyard Conf. Room Closed Session ‐ Closed to the Public Council Chambers Council Regular Meeting ‐ Open to the Public September 5
Courtyard Conf. Room Closed Session ‐ Closed to the Public Council Chambers Council Regular Meeting ‐ Open to the Public September 25/26
Courtyard Conf. Room Closed Session ‐ Closed to the Public Council Chambers Council Regular Meeting ‐ Open to the Public October 4/5
Courtyard Conf. Room Closed Session ‐ Closed to the Public Council Chambers Council Regular Meeting ‐ Open to the Public Courtyard Conf. Room Closed Session ‐ Closed to the Public Council Chambers Council Regular Meeting ‐ Open to the Public Courtyard Conf. Room Closed Session ‐ Closed to the Public Council Chambers Council Regular Meeting ‐ Open to the Public November 11
Yom Kippur (City observed ‐ sundown to sundown)
Rosh Hashanah (City observed ‐ sundown to sundown)
November 8
October 11
October 25
City Hall Closure ‐ Veteran's Day (observed)
May 24
City Hall Closure ‐ Memorial Day
City Hall Closure ‐ Labor Day
August 23
July 12 and 26 Meetings Cancelled ‐ CITY COUNCIL DARK
August 9
City Hall Closure ‐ Independence Day
June 14
March 8
March 22
May 10
Passover (City observed ‐ sundown to sundown)
April 12
April 26
Please note: Meeting times are not final and are likely to change City Council Meeting Calendar for 2022
June 28
September 13
September 27
City Hall Closure ‐ Presidents' Day
February 22

5.1 Meeting Type
Holiday
Jewish Holiday
Regular Meeting
Special Meeting
Study Session (will be added as scheduled)
Budget Hearing
DATE Location Meeting Type
Please note: Meeting times are not final and are likely to change City Council Meeting Calendar for 2022
Courtyard Conf. Room Closed Session ‐ Closed to the Public Council Chambers Council Regular Meeting ‐ Open to the Public November 24
November 25
December 18/19
Courtyard Conf. Room Closed Session ‐ Closed to the Public Council Chambers Council Regular Meeting ‐ Open to the Public December 25
December 27 Meeting Cancelled ‐ CITY COUNCIL DARK
City Hall Closure ‐ Christmas Day
Hanukkah (City observed ‐ sundown to sundown)
November 22
December 13
City Hall Closure ‐ Thanksgiving Day
City Hall Closure ‐ Day After Thanksgiving Day

5.2 City Council

AGENDA REPORT
DATE: 01/25/2022
AGENDA OF: 02/08/2022
DEPARTMENT: City Council
SUBJECT: Resolution Authorizing the City to Continue Teleconferenced Public Meetings Pursuant to Assembly Bill 361 (CA)
RECOMMENDATION: Resolution authorizing legislative bodies of the City of Santa Cruz to continue the use of teleconferenced meetings pursuant to Assembly Bill 361.

BACKGROUND: On March 4, 2020, Governor Newsom issued a proclamation of State of Emergency in response to the developing COVID-19 pandemic. Due to the continued spread of the virus, the Governor issued Executive Order N-29-20 on March 17, 2020, which included a provision authorizing suspensions to the Ralph M. Brown Act’s (“Brown Act”) teleconferencing rules in order to facilitate virtual meetings while public health orders were in place.

On June 11, 2021, the Governor issued Executive Order N-08-21, which provided that the Brown Act teleconferencing suspensions would expire after September 30, 2021. On September 16, 2021, the Governor signed Assembly Bill 361 (“AB 361”), an urgency measure taking effect immediately, which amended the Brown Act to allow local legislative bodies to continue using teleconferencing and virtual meeting technology provided certain conditions are met.

DISCUSSION: AB 361 allows for teleconferenced meetings during a declared State of Emergency, as defined under the California Emergency Services Act, if one of the following circumstances apply: (1) State or local officials have imposed or recommended measures to promote social distancing; (2) The legislative body is meeting to determine whether, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees; or (3) The legislative body has determined that, as a result of the emergency, meeting in person presents imminent risks to the health or safety of attendees.

The Governor’s March 4, 2020 proclamation of State of Emergency is still in effect. Measures continue to exist that impose and recommend measures to promote social distancing. The California Department of Public Health requires that all individuals wear masks in indoor public settings until February 15, 2022.

Additionally, on November 19, 2021, the Santa Cruz County Health Officer issued an order requiring all individuals in Santa Cruz County to wear face coverings in indoor settings.

6.1 Moreover, in recent months, the highly transmissible omicron variant has caused increases in positive cases and hospitalizations locally and throughout the State. According to the CDC, community transmission of COVID-19 in Santa Cruz County is currently high, and the nature of the pandemic is unpredictable and transmission rates have the potential to rise quickly. As such, holding meetings in person would present imminent risks to the health or safety of attendees due to the continued spread of COVID-19.

To continue teleconferenced meetings under AB 361, the City Council will need to declare every thirty (30) days that it has reconsidered the circumstances of the State of Emergency and either (1) the State of Emergency continues to directly impact the ability of the members to meet safely in person; or (2) State or local health officials continue to impose or recommend measures to promote social distancing.

This declaration is needed for any use of teleconferenced meetings pursuant to AB 361, including for two City meeting models: (1) A City Council hybrid model that uses the City Council Chambers as an in person venue along with teleconference attendance; and (2) Continued use of teleconferencing for City Council and Brown Act City boards, commissions and committees.

At its regular meeting of October 12, 2021, the City Council adopted Resolution No. NS-29,877, authorizing legislative bodies of the City of Santa Cruz to continue using teleconferenced meetings pursuant to AB 361. At its regular meetings of November 9, 2021, November 23, December 14, 2021, and January 11, 2022, the City Council adopted Resolution Nos. NS-29,886, NS-29,894, NS-29,900, and NS-29,915 further authorizing legislative bodies of the City of Santa Cruz to continue using teleconferenced meetings pursuant to AB 361.

This Resolution would re-authorize the legislative bodies of the City of Santa Cruz to continue to use teleconferenced meetings for an additional thirty (30) days from the date of its adoption.

FISCAL IMPACT: None.

Prepared By:

Mary-Haley Ousley
Deputy City Attorney
Submitted By:

Tony Condotti
City Attorney
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. RESOLUTION.DOCX

6.2 RESOLUTION NO. NS-29,

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA AUTHORIZING THE

CONTINUED USE OF TELECONFERENCED MEETINGS PURSUANT TO ASSEMBLY BILL 361
WHEREAS, on March 4, 2020, Governor Newsom declared a State of Emergency, as defined under the California Emergency Services Act, due to the COVID-19 pandemic; and WHEREAS, on March 17, 2020, due to the threat of COVID-19, Governor Newsom issued Executive Order N-29-20, which suspended certain requirements of Government Code section 54950 et seq., the Ralph M. Brown Act (“Brown Act”), in order to allow local legislative bodies to conduct meetings telephonically or electronically without a physical meeting place; and WHEREAS, on June 11, 2021, Governor Newsom issued Executive Order N-08-21, which stated that the provision suspending requirements of the Brown Act in Executive Order N-29-20 would remain in effect through September 30, 2021, at which point the suspensions would expire; and
WHEREAS, on September 16, 2021, Governor Newsom signed Assembly Bill 361 into law, an urgency measure effective upon adoption, amending the Brown Act to allow legislative bodies to continue to meet remotely during a proclaimed State of Emergency, and either state or local officials have imposed or recommended measures to promote social distancing, or the legislative body determines that meeting in person would present imminent risks to the health or safety of attendees;
WHEREAS, on October 12, 2021, the City Council adopted Resolution No. NS-29, 877, finding that the requisite conditions exist for the legislative bodies of the City of Santa Cruz to conduct remote teleconference meetings; and
WHEREAS, on November 9, 2021, the City Council adopted Resolution No. NS-29, 886, finding that the requisite conditions exist for the legislative bodies of the City of Santa Cruz to conduct remote teleconference meetings; and
WHEREAS, on November 23, 2021, the City Council adopted Resolution No. NS-29,894, finding that the requisite conditions exist for the legislative bodies of the City of Santa Cruz to conduct remote teleconference meetings; and
WHEREAS, on December 14, 2021, the City Council adopted Resolution No. NS-29,900, finding that the requisite conditions exist for the legislative bodies of the City of Santa Cruz to conduct remote teleconference meetings; and
WHEREAS, on January 11, 2022, the City Council adopted Resolution No. NS-29,915, finding that the requisite conditions exist for the legislative bodies of the City of Santa Cruz to conduct remote teleconference meetings; and

6.3 RESOLUTION NO. NS-29,
2 WHEREAS, as a condition of authorizing the continued use of teleconferenced meetings, the City Council must, every 30 days, reconsider the circumstances of the State of Emergency that exists in the City and the City Council has done so; and WHEREAS, the State of Emergency proclaimed by the Governor on March 4, 2020, remains in effect; and
WHEREAS, on November 29, 2021, the Santa Cruz County Health Officer issued an order requiring all individuals in Santa Cruz County to wear face coverings in indoor settings, and the California Department of Public Health also requires that individuals wear face coverings indoors; and
WHEREAS, in recent months, the highly contagious omicron variant has caused an increase in positive cases and hospitalizations locally and throughout the State of California; and WHEREAS, according to the CDC’s “Community Transmission” metric, which provides a four-tiered system that measures the level of community transmission in each county, Santa Cruz County was just recently reported as having “high” Community Transmission, and as seen in recent months, transmission rates of the virus may rise quickly; and WHEREAS, due to the continued impact of the omicron variant, the City continues to be concerned about the health and safety of attendees at public meetings should they be held in person and in a shared indoor public meeting space, as such, the City Council desires to take the actions necessary to comply with AB 361 and to continue to hold its meetings remotely.

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

A. The City Council hereby acknowledges that the Governor’s State of Emergency proclamation issued on March 4, 2020 remains in effect; and B. The City Council finds that due to the emergence of the omicron variant and the continued threat of COVID-19, holding in person meetings for the City Council, City Commissions, and City Committees continues to present imminent risks to the health or safety of attendees.

C. The legislative bodies of the City of Santa Cruz are hereby authorized and directed to take all actions necessary to carry out the intent and purpose of this Resolution, including continuing to conduct open and public meetings in accordance with Government Code section 54953(e) and other applicable provisions of the Brown Act.

D. This Resolution shall take effect immediately upon its adoption and shall be effective until the earlier of (i) thirty days from the adoption of this Resolution, or (ii) such time the City Council adopts a subsequent resolution in accordance with

6.4 RESOLUTION NO. NS-29,
3 Government Code section 54953(e)(3) to extend the time during which the legislative bodies of the City of Santa Cruz may continue teleconferencing without compliance with the Brown Act’s prior rules regarding teleconferencing.

PASSED AND ADOPTED this 8th day of February, 2022 by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

APPROVED: ______________________________
Sonja Brunner, Mayor
ATTEST: _________________________________
Bonnie Bush, City Clerk Administrator

6.5 City Council

AGENDA REPORT
DATE: 01/25/2022
AGENDA OF: 02/08/2022
DEPARTMENT: City Attorney
SUBJECT: Resolution Extending Emergency Declaration in Connection with COVID19 Pandemic by Sixty (60) Days (CA) RECOMMENDATION: Resolution extending by sixty days the Declaration of Emergency in connection with the COVID-19 pandemic.

BACKGROUND: At its regular meeting of March 10, 2020, the City Council adopted Resolution No. NS-29,640 declaring a local health emergency in connection with the global COVID-19 pandemic. The Council’s action followed similar actions by California Governor Gavin Newsom on March 4, 2020, and by County of Santa Cruz Health Officer (CHO) Gail Newel on March 6, 2020. On March 16, 2020, the CHO issued a Public Health Order, requiring all Santa Cruz County residents to shelter in place to slow the spread of COVID-19 in the community, and requiring all businesses to cease operations, except for those deemed essential businesses.

On June 15, 2021, as a result of declining positive case counts and hospitalizations, the Governor rescinded a number of restrictions he had instituted to reduce the spread of COVID-19. The Governor did not, however, rescind the proclamation of the State of Emergency he issued on March 4, 2020. Shortly thereafter, positive cases and hospitalizations began to rise locally and across the state due to the emergence of the highly contagious delta variant. According to the CDC’s community transmission tracker, transmission in Santa Cruz County remains high. On November 19, 2021, in response to the local increase in COVID-19 cases and hospitalizations, the CHO issued an order requiring all Santa Cruz County residents to wear face coverings indoors. In late 2021, a new COVID-19 variant, known as the omicron variant, emerged and began spreading rapidly throughout the world. The omicron variant is believed to be at least two to four times more transmissible than the delta variant, and is now the dominant variant in California and throughout the United States. Since the omicron variant was detected in Santa Cruz County, there has been an increase in local COVID-19 cases and hospitalizations.

The Council has received updates at its regular meetings related to COVID-19 and has extended the March 10, 2020 declaration of local health emergency at its regular meetings of April 28, 2020, June 23, 2020, August 11, 2020, September 22, 2020, November 10, 2020, December 8, 2020, January 26, 2021, March 9, 2021, April 27, 2021, and June 22, 2021, by adopting Resolution Nos. NS-29,653, NS-29,677, NS-29,695, NS-29,714, NS-29,739, NS-29,749, NS29,766, NS-29,782, NS-29,802, and NS-29,839, at its special meeting of September 21, 2021 by

7.1 adopting Resolution No. NS-29,873, at its regular meetings of November 9, 2021, and December 14, 2021, by adopting Resolution Nos. NS-29,884 and NS-29,898.

DISCUSSION: During a declared emergency the City Manager, acting as the City’s Emergency Services Director is empowered to take various actions in response to the emergency, including making and issuing “rules and regulations on matters reasonably related to the protection of life and property as affected by such emergency” subject to ratification by the City Council “at the earliest practicable time.” The Resolution would extend the emergency declaration by sixty days from the date of its adoption, to April 09, 2022.

FISCAL IMPACT: Actions taken by the City during a declared emergency relating to the response and measures taken to slow the spread of the COVID-19 epidemic and mitigate the effects thereof on our community are potentially recoverable from Cal OES (California Governor’s Office of Emergency Services) and FEMA (Federal Emergency Management Agency). Accordingly, it is recommended that the Council extend the declaration of emergency as provided for herein until it has determined that conditions giving rise to the emergency have been abated.

Prepared By:

Mary-Haley Ousley
Deputy City Attorney
Submitted By:

Tony Condotti
City Attorney
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. RESOLUTION.DOCX

7.2 RESOLUTION NO. NS-29,

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ EXTENDING BY 60 DAYS THE DECLARATION OF EMERGENCY IN CONNECTION WITH THE COVID-19 PANDEMIC
WHEREAS, on March 4, 2020, Governor Gavin Newsom proclaimed a state of emergency to exist within the State of California due to the threat posed by COVID-19; and WHEREAS, on March 6, 2020, the County of Santa Cruz Health Officer ("Health Officer"), under her civil authority, declared a Local Health Emergency, finding an imminent and proximate threat to public health and welfare from the introduction of COVID-19 in the County of Santa Cruz; and
WHEREAS, on June 15, 2021, in response to declining COVID-19 case counts and hospitalizations, the Governor lifted a number of restrictions put in place to decrease the spread of COVID-19 during the initial progression of the pandemic, however, the Governor has not rescinded the March 4, 2020 proclamation of a state of emergency within the State of California; and
WHEREAS, despite initial progress made locally and within the state in addressing the pandemic, the recent emergence of the highly contagious omicron variant has caused an increase in positive cases and hospitalizations locally and throughout the State of California; and WHEREAS, the Centers for Disease Control, which tracks community transmission of COVID-19, has specified that COVID-19 transmission in Santa Cruz County remains high.

WHEREAS, on November 19, 2021, in response to increasing COVID-19 cases and hospitalizations, the Health Officer issued an order requiring all Santa Cruz County residents to wear face coverings indoors; and
WHEREAS, in light of the current COVID-19 pandemic, the Santa Cruz City Council declared a local health emergency re COVID-19 by Resolution No. NS-29,640 on March 10, 2020, extended the emergency declaration by Resolution No. NS-29,653 adopted at its regular meeting of April 28, 2020, and further extended the emergency declaration by Resolution Nos. NS-29,677 on June 23, 2020, NS-29,695 on August 11, 2020, NS 29,714 on September 22, 2020, NS-29,739 on November 10, 2020, NS-29,749 on December 8, 2020, NS-29,766, on January 26, 2021, NS29,782, on March 9, 2021, NS-29,802 on April 27, 2021, and NS-29,839 on June 22, 2021, at its special meeting of September 21, 2021 by Resolution No. NS-29, 873, at its regular meeting of November 9, 2021 by Resolution No. NS-29,884, and at its regular meeting of December 14, 2021 by Resolution No. NS-29-898, extending the Declaration of Emergency for another sixty days.

WHEREAS, under the California Emergency Services Act (Cal. Govt. Code § 8630, et seq.), upon declaration of a local emergency, the City Council must review the need for continuing

7.3 RESOLUTION NO. NS-29,
2 the emergency declaration at least once every sixty (60) days until it terminates the local emergency; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Cruz (City Council) as follows:

A. That the City Council hereby declares that the local health emergency declaration adopted at its March 10, 2020 regular meeting by Resolution No. NS-29,640, extended at its April 28, 2020 regular meeting by Resolution No. NS-29,653, at its June 23, 2020 regular meeting by Resolution No. NS-29,677, at its August 11, 2020 regular meeting by Resolution No. NS-29,695, at its September 22, 2020 regular meeting by Resolution No. NS-19,714, at its November 10, 2020 regular meeting by Resolution No. NS29,739, at its December 8, 2020 regular meeting by Resolution No. NS-29,749, at its January 26, 2021 regular meeting by Resolution No. NS-29,766, at its March 9, 2021 regular meeting by Resolution No. NS-29,782, at its April 27, 2021 regular meeting by Resolution No. NS-29,802, at its June 22, 2021 regular meeting by Resolution No. NS29,839, at its September 21, 2021 special meeting by Resolution No. NS-29,873, at its November 9, 2021 regular meeting by Resolution No. NS-29, 884, and at its December 14, 2021 regular meeting by Resolution No. NS-29,898, shall be adopted and extended an additional sixty (60) days pursuant to California Government Code Section 8630, et seq., by this Resolution; and
B. That this Resolution shall remain in full force and effect and shall thereafter terminate on the sixtieth (60th) day after its adoption, unless earlier terminated or further extended by subsequent City Council action.

PASSED AND ADOPTED this 8th day of February, 2022 by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

APPROVED: ______________________________
Sonja Brunner, Mayor
ATTEST: _________________________________
Bonnie Bush, City Clerk Administrator

7.4 City Council

AGENDA REPORT
DATE: 01/25/2022
AGENDA OF: 02/08/2022
DEPARTMENT: City Attorney
SUBJECT: Resolution Extending the Emergency Declaration in Connection with the CZU August Lightning Complex Fire by Sixty (60) Days (CA) RECOMMENDATION: Resolution extending by sixty days the Local Emergency Declaration in Connection with the CZU August Lightning Complex Fire.

BACKGROUND: The CZU August Lightning Complex Fire that began on August 15, 2020, has caused unprecedented damage and destruction in areas of Santa Cruz and San Mateo Counties immediately north of the City of Santa Cruz, and currently constitutes a severe threat to portions of the City and vital City-owned infrastructure in areas of unincorporated Santa Cruz County.

DISCUSSION: Chapter 2.20 of the City of Santa Cruz Municipal Code, at Section 2.20.030, empowers the Director of Emergency Services to proclaim the existence or threatened existence of a local emergency when the City is affected or likely to be affected by a public calamity or disaster, subject to confirmation by the City Council at the “earliest practicable time.” During the existence of such emergency, the Director of Emergency Services is also authorized, pursuant to Section 2.20.040(1), to “make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such emergency,” also subject to confirmation by the City Council “at the earliest practicable time.” In view of the facts and circumstances described above, on Friday, August 21, 2020, the City Manager declared the existence of a local emergency in the City of Santa Cruz. At its August 25, 2020 regular meeting, the City Council ratified the emergency declaration by Resolution No.

NS-29,704, and the Executive Orders issued pursuant thereto. At its October 27, 2020 regular meeting, the City Council adopted Resolution No. NS-29,731 declaring the existence of a State of Emergency in connection with the CZU August Lightning Complex Fire, confirming the proclamation of same dated August 21, 2020 by the Director of Emergency Services, and ratifying Executive Order 2020-19 issued pursuant thereto. At its regular meeting of December 8, 2020, the Council adopted Resolution No. NS-29,750, further extending the declaration of emergency by 60 days, to February 6, 2021. At its regular meeting of January 26, 2021, the Council adopted Resolution No. NS-29,765, further extending the declaration of emergency by 60 days to March 27, 2021. At its regular meeting of March 9, 2021, the Council adopted Resolution No. NS-29,781, further extending the declaration of emergency by 60 days to May 8, 2021. At its regular meeting of April 27, 2021, the Council adopted Resolution No. NS-29-803, further extending the declaration of emergency by 60 days to June 26, 2021. At its regular

8.1 meeting of June 22, 2021, the Council adopted Resolution No. NS-29,840, further extending the declaration of emergency by another 60 days. At its special meeting of September 21, 2021, the Council adopted Resolution No. NS-29,872, further extending the declaration of emergency by another 60 days. At its regular meeting of November 9, 2021, the Council adopted Resolution No. NS-29,885, further extending the declaration of emergency by another 60 days. At its regular meeting of December 14, 2021, the Council adopted Resolution No. NS-29,899, further extending the declaration of emergency by another 60 days.

The attached resolution, if adopted by the City Council, would extend the emergency declaration related to the CZU August Lightning Complex Fire emergency by an additional 60 days, to April 9, 2022.

FISCAL IMPACT: Actions taken by the City during a declared emergency are potentially recoverable from Cal OES (California Governor’s Office of Emergency Services) and FEMA (Federal Emergency Management Agency). Accordingly, it is recommended that the Council extend the declaration of emergency as provided for herein until it has determined that conditions giving rise to the emergency have been abated.

Prepared By:

Mary-Haley Ousley
Deputy City Attorney
Submitted By:

Tony Condotti
City Attorney
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. RESOLUTION.DOCX

8.2 RESOLUTION NO. NS-29,

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

A LOCAL EMERGENCY DECLARATION IN CONNECTION WITH THE CZU AUGUST

LIGHTNING COMPLEX FIRE
WHEREAS, under Santa Cruz Municipal Code (SCMC) § 2.20.030, the City Manager serves as the Emergency Services Director, and empowers the Director of Emergency Services to proclaim the existence or threatened existence of a local emergency when the City is affected or likely to be affected by a public calamity or disaster; and WHEREAS, in the event of an emergency declaration, as the Emergency Services Director, the City Manager has the authority to take various actions in the City’s interest, including making and issuing “rules and regulations on matters reasonably related to the protection of life and property as affected by such emergency” subject to ratification by the City Council “at the earliest practicable time.” (SCMC § 2.20.040); and
WHEREAS, the wildfires known as the CZU August Lightning Complex Fire that began on August 15, 2020 have destroyed structures and threatened numerous residences and acres of valuable wildland and watershed resulting in evacuations and displacement of residents, road closures, areas of isolation, damage to property and utility systems and damage to critical infrastructure and endangered species within unincorporated areas of Northern Santa Cruz County, and currently constitute an imminent threat to portions of the City, as well as vital City infrastructure located outside of City boundaries; and
WHEREAS, while the wildfires are contained, as of this date, they have charred tens of thousands of acres in the Counties of Santa Cruz and San Mateo, damaged or destroyed over 900 residences and buildings, and will displace hundreds of residents for several months, if not permanently, many of whom are seeking shelter in the City of Santa Cruz; and WHEREAS, the San Lorenzo River watershed contains significant portions of the area damaged by the wildfires, leaving hillsides prone to erosion and landslides during the winter rainy season, and thereby threatening water quality and treatability of the community’s primary source of drinking water, and the City continues to monitor post-fire hazards and water quality impacts; and
WHEREAS, efforts to assist the affected population and restore the burned area and/or recover from the effects of the wildfire damage, involve assets from Santa Cruz County, City of Santa Cruz, other local governments in Santa Cruz County, and other local governments within California, as well as California State and federal fire and law enforcement assets, the American Red Cross and other volunteer organizations; and
WHEREAS, pursuant to his authority as Emergency Services Director, on August 21, 2020, the City Manager declared the existence of a local emergency in light of the foregoing; and

8.3 RESOLUTION NO. NS-29,
2 WHEREAS, at its August 25, 2020 regular meeting the City Council declared a local emergency, and ratified Executive Order No. 2020-17 – Closing All Off-Trail Open Space Areas within Pogonip and Sycamore Grove, by Resolution No. NS-29,704; and WHEREAS, at its October 27, 2020 meeting, the City Council adopted Resolution No. NS29,731 declaring the existence of a State of Emergency in connection with the CZU August Lightning Complex Fire, confirming the proclamation of same dated August 21, 2020 by the Director of Emergency Services, and ratifying Executive Order 2020-19 issued pursuant thereto; and
WHEREAS, at its December 8, 2020 meeting, the City Council adopted Resolution No.

NS-29,750, extending the declaration of emergency to February 6, 2021; and WHEREAS, at its January 26, 2021 meeting, the City Council adopted Resolution No. NS29,765, extending the declaration of emergency to March 27, 2021; and WHEREAS, at its March 9, 2021 meeting, the City Council adopted Resolution No. NS29,781, extending the declaration of emergency to May 8, 2021; and WHEREAS, at its April 27, 2021 meeting, the City Council adopted Resolution No. NS29,803, extending the declaration of emergency to June 26, 2021; and WHEREAS, at its June 22, 2021 meeting, the City Council adopted Resolution No. NS29,840, extending the declaration of emergency for another 60 days; and WHEREAS, at its September 21, 2021 special meeting, the City Council adopted Resolution No. NS-29,872, extending the declaration of emergency for another 60 days; and WHEREAS, at its November 9, 2021 regular meeting, the City Council adopted Resolution No. NS-29, 885, extending the declaration of emergency for another 60 days; and WHEREAS, at its December 14, 2021 regular meeting, the City Council adopted Resolution No. NS-29-899, extending the declaration of emergency for another 60 days; and WHEREAS, although the CZU Lightning Complex fire has been contained, areas of open space, including Pogonip and Sycamore Grove remain in a an extremely dry and fire prone condition, making the risk of wildfire caused by campfires associated with illegal encampments particularly grave; and
WHEREAS, the risk of severe wildfire is further exacerbated by current serious drought conditions and decreasing water supply; and
WHEREAS, based on the foregoing, the City’s emergency response to the CZU Lightning Complex fire will likely be ongoing for several months; and

8.4 RESOLUTION NO. NS-29,
3 WHEREAS, pursuant to his authority as Emergency Services Director, the City Manager has issued the following executive orders relating to the CZU Lightning Complex Fire emergency:

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

A. That the City Council hereby declares that the local health emergency declaration adopted at its August 25, 2020 regular meeting by Resolution No. NS-29,704, and confirmed and re-adopted at its October 27, 2020 regular meeting by Resolution No.

NS-29,731, extended an additional 60 days on December 8, 2020 by Resolution No.

NS-29,750, January 26, 2021 by Resolution No. NS-29,765, March 9, 2021 by Resolution No. NS-29-781, April 27, 2021 by Resolution No. NS-29,803, June 22, 2021 by Resolution No. NS-29,840, and the local health emergency extended an additional 60 days at its special meeting on September 21, 2021 by Resolution No. NS29,872, extended an additional 60 days at its regular meeting on November 9, 2021 by Resolution No. NS-29,885, and further extended an additional 60 days at its regular meeting on December 14, 2021 by Resolution No. NS-29-899, shall be extended an additional sixty (60) days from its adoption pursuant to California Government Code Section 8630, et seq., by this Resolution; and
B. That, all previously ratified Executive Orders shall remain in force and effect for the duration the emergency, unless sooner rescinded by subsequent City Council action; and
PASSED AND ADOPTED this 8th day of February, 2022 by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

APPROVED: ______________________________
Sonja Brunner, Mayor
ATTEST: _________________________________
Bonnie Bush, City Clerk Administrator

8.5 City Council

AGENDA REPORT
DATE: 01/26/2022
AGENDA OF: 02/08/2022
DEPARTMENT: City Attorney
SUBJECT: Resolutions Amending Council Policy 6.6: City Council Meetings – Oral Communications and Councilmember Handbook (CA)
RECOMMENDATION: Motion to:
1) Adopt a resolution amending Council Policy 6.6, City Council Meetings – Oral Communications.
2) Adopt a resolution amending the Councilmember Handbook provisions regarding the designated start time and length of oral communications.

BACKGROUND: Council Policy 6.6: City Council Meetings – Oral Communications (the Policy) designates oral communications to commence at the beginning of the meeting’s evening session at 7:00 p.m. The Policy also allots no more than three minutes for each individual speaker during oral communications but notes that this limit may be increased or decreased at the Mayor’s discretion. The Councilmember Handbook also contains provisions regarding these start time and speaking time limits.

DISCUSSION: Though the current Policy designates a 7:00 p.m. start time for oral communications, this 7:00 p.m. start time is rarely adhered to due to the varying topics and length of each meeting’s agenda items. Amending the Policy to provide for oral communications at a time certain to be announced in the meeting agenda will enable meetings to proceed in a more timely and efficient fashion.

The current Policy also designates a three-minute speaking period for individuals during oral communications. The current practice at City Council meetings is to allow two minutes for each individual to speak. Amending the Policy to reflect a two-minute speaking time will align the Policy with current practice for oral communications. The Mayor will still have the discretion to increase or decrease the allotted time for oral communications.

Provisions in the Councilmember Handbook on Order of Business and Addressing the Council from the Floor should be amended to be consistent with the above Policy changes.

FISCAL IMPACT: None.

9.1 Prepared By:

Stephanie Duck
Deputy City Attorney
Submitted By:

Tony Condotti
City Attorney
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. RESOLUTION AMENDING COUNCIL POLICY 6.6.DOCX

2. RESOLUTION AMENDING COUNCILMEMBER HANDBOOK.DOCX

3. COUNCIL POLICY 6.6 - CLEAN.DOCX

4. COUNCIL POLICY 6.6 - TRACKCHANGES.DOCX

5. COUNCILMEMBERS' HANDBOOK - CLEAN.DOCX

6. COUNCILMEMBERS' HANDBOOK - TRACK CHANGES.DOCX

9.2 RESOLUTION NO. NS-29,

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ AMENDING COUNCIL POLICY 6.6: CITY COUNCIL MEETINGS – ORAL COMMUNICATIONS WHEREAS, the City of Santa Cruz City Council Policy 6.6 (the Policy) currently designates oral communications to begin at the beginning of the meeting’s evening session at 7:00 p.m. and allots no more than three minutes for each individual speaker; and WHEREAS, due to varying topics and length of each meeting’s agenda items, this 7:00 p.m. start time is rarely adhered to; and
WHEREAS, amending Policy 6.6 to provide for oral communications at a time certain to be announced in the meeting agenda will enable meetings to proceed in a more timely and efficient fashion; and
WHEREAS, amending Policy 6.6 to allow no more than two minutes for individuals to speak will align the Policy with current practice for oral communications; and NOW, THEREFORE BE IT RESOLVED the City Council of the City of Santa Cruz that Policy 6.6 be amended as set forth in Exhibit A.

PASSED AND ADOPTED this 8th day of February 2022, by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

APPROVED: ______________________________
Sonja Brunner, Mayor
ATTEST: _________________________________
Bonnie Bush, City Clerk Administrator

9.3 RESOLUTION NO. NS-29,

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ AMENDING

COUNCILMEMBERS HANDBOOK
BE IT RESOLVED the Santa Cruz City Council does hereby amend the Councilmembers' Handbook, attached hereto, which Exhibit A is made a part hereof and by this reference incorporated herein. Except to the extent hereby amended, the Councilmembers' Handbook, most recently revised pursuant to Resolution No. NS-29,485 on February 12, 2019, remains in full force and effect.

PASSED AND ADOPTED this 8th day of February 2022, by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

APPROVED: ______________________________
Sonja Brunner, Mayor
ATTEST: _________________________________
Bonnie Bush, City Clerk Administrator

9.4 COUNCIL POLICY 6.6
POLICY TITLE CITY COUNCIL MEETINGS — ORAL COMMUNICATIONS POLICY STATEMENT:

In accordance with the Brown Act, every agenda for the 2nd and 4th Tuesday regular meetings of the Council will provide the public an opportunity to address the Council on matters not on the agenda but within the City Council’s subject matter jurisdiction. This period will be known as Oral Communications and will be governed as follows:

1. Oral communications will be held at the beginning of the evening session, which will occur on or about 7:00 p.m.

2. If Oral Communications concludes earlier than 7:30 p.m. Council shall recess and reconvene at 7:30 p.m. to begin the business portion of the meeting.

3. Thirty (30) minutes* will be allocated for oral communications.

4. No individual will be allowed to speak for more than three minutes*.

5. No individual may speak more than once during the oral communication period.

6. Individuals who did not speak at the previous Council meeting’s oral communications will be given first preference to speak.

7. All speakers must address the entire Council and will not be permitted to engage in dialogue.

8. In the interest of civil discourse, the same rules specified in the Council Rules of Procedure (Decorum) and principles for Rules of Debate shall apply for this section as well, and are hereby incorporated by reference. It shall be the responsibility of the presiding officer to ensure that Oral Communications are conducted in such a manner that avoids disruptive activity, promotes mutual respect, keeps comments focused on issues, and avoids personal attack.
* Time limits may be increased or decreased at the Mayor's discretion.

AUTHORIZATION:Council Policy Manual Update of November 17, 1998 Revised by Resolution No. NS-29,246 on May 23, 2017
Revised by Resolution No. NS-29,388 on April 24, 2018
Revised by Resolution No. NS-29,478 on January 8, 2019

9.5 COUNCIL POLICY 6.6
POLICY TITLE CITY COUNCIL MEETINGS — ORAL COMMUNICATIONS POLICY STATEMENT:

1. Oral Ccommunications will be held at the beginning of the evening session, which will occur on or about 7:00 p.m.a time certain to be posted in the meeting agenda no less than 72 hours prior to a regular meeting.

2. If Oral Communications concludes earlier than the designated start time for the business portion of the meeting, 7:30 p.m. Council shall recess and reconvene at 7:30 p.m. to beginthe designated start time the business portion of the meeting.

3. Thirty (30) minutes* will be allocated for oral communications.

4. No individual will be allowed to speak for more than three two minutes*.

5. No individual may speak more than once during the oral communication period.

6. Individuals who did not speak at the previous Council meeting’s oral communications will be given first preference to speak.

7. All speakers must address the entire Council and will not be permitted to engage in dialogue.

9.6 1
Councilmembers’ Handbook
Originally Adopted by Resolution No. NS-13,283 – February 13, 1979 Revised by Resolution No. NS-14,769 – March 23, 1982
Revised by Resolution No. NS-16,526 – September 10, 1985 Revised by Resolution No. NS-24,070 – November 17, 1998 Revised by Resolution No. NS-26,837 – March 22, 2005
Revised by Resolution No. NS-28,722 – November 26, 2013 Revised by Resolution No. NS-28,747 – February 11, 2014 Revised by Resolution No. NS-28,884 – January 13, 2015
Revised by Resolution No. NS-29,247 – May 23, 2017
Revised by Resolution No. NS-29,336 – November 28, 2017 Revised by Resolution No. NS-29,349 – January 23, 2018
Revised by Resolution No. NS-29,485 – February 12, 2019 Prepared by the City Manager’s Department/City Clerk’s Division

9.7 2
Table of Contents

RULES OF PROCEDURE FOR CONDUCT OF CITY COUNCIL BUSINESS Council Interactions ...................................................................................5 Quorum ...................................................................................................... 6 Agenda ....................................................................................................... 6 Order of Business ...................................................................................... 7 Special Meetings Procedures ................................................................. 7 Consent Agenda..........................................................................................8 Standard Procedure for General Business and Public Hearing Items .....8 Decorum in City Council Meetings............................................................ 9 Requirements ..................................................................................... 9 Enforcement ..................................................................................... 10 Announcements ..................................................................................10 Continued Meetings (if necessary) ........................................................11 Duties of Presiding Officer ..................................................................... 11 Procedural Rules for Motions and Debates .............................................11 Presiding Officer..................................................................................11 Councilmember ...................................................................................12 Point of Order .....................................................................................12 Regular Motion....................................................................................12 Motion to Amend/Substitute Motion......................................................13 Friendly Amendment............................................................................13 Request/Motion to Divide the Question .................................................13 Motion to Limit Consideration...............................................................14 Motion to Call the Question..................................................................14

9.8 3
Table of Contents cont’d
Motion to Reconsider...........................................................................14 Motion to Rescind................................................................................15 Motion to Suspend the Rules................................................................15 Multiple Motions..................................................................................15 Addressing the Council after Public Comment is Closed ...................... 16 Council Action ......................................................................................... 16 Disqualifications ................................................................................ 16 Voting ................................................................................................17 Vote Required ................................................................................... 17 1) Ordinances and Resolutions ...................................................... 17 2) Minute Orders ......................................................................... 17 Tie Vote ............................................................................................ 17 1) Disqualification ........................................................................ 17 2) Absence .................................................................................. 18 Successive Tie Votes ......................................................................... 18 Motion to Table ................................................................................. 18 Motion to Adjourn ...............................................................................18 Motion to Fix the Time to Adjourn ........................................................19 Motion to Recess.................................................................................19 Addressing the Council from the Floor .................................................. 19 Securing Permission to Speak ............................................................. 19 Individuals ........................................................................................ 20 Spokesperson for Group Presentations ................................................ 20 Council Engagement with the Public During Public Comment ..................20

9.9 4
Table of Contents cont’d
Oral Communications ......................................................................... 21 Speaker Timer at Lectern.....................................................................22 Public Hearings ................................................................................. 22 Preparation of the Minutes .................................................................... 22 Method of Keeping Minutes ................................................................ 22 Remarks of Councilmembers Entered in Minutes .................................. 23 Synopsis of Debate Entered in Minutes ............................................... 23 Delivery of Minutes ............................................................................ 23 Approval of Minutes ................................................................................ 23 Correction of Minutes ............................................................................. 23 Processing Council Mail ...........................................................................24 Special Committees ................................................................................ 24 Preparation and Staff Approval of Ordinances,
Resolutions, and Contract Documents ............................................... 24

9.10 5

RULES OF PROCEDURE FOR CONDUCT

OF CITY COUNCIL BUSINESS

COUNCIL INTERACTIONS
In interactions with each other, Councilmembers will abide by the following principles:
 Be Respectful: Treat each other with respect, even when/especially when there is disagreement.
 Engage in Open and Honest Communication: Be direct, straightforward, and transparent with each other.
 Be Honest and Truthful: Act with integrity and authenticity; be ethical.  Address Difficult Issues: Confront challenging topics directly; avoid talking around them or not talking about them at all.
 Find Areas of Common Ground: Seek areas of agreement; identify shared interests, values, and positions.
 Be Open to Different Perspectives: Keep an open mind; be willing to change your views with new information, data, etc.
 Give the Benefit of the Doubt: Freely give credit for good intentions; avoid ascribing bad intentions.
 Role Model Good Leadership: Be professional; adhere to standards of civility; demonstrate effective leadership for the community.
 Be Considerate of Each Other’s Time: Manage expectations about responsiveness and availability, recognize the time limitations and constraints of your colleagues.

9.11 6
QUORUM
Four members of the City Council (AKA “Council”) constitute a quorum to do business, but less than that number may adjourn from time-to-time. When there is no quorum, the Mayor, Vice Mayor, or any other Councilmember shall adjourn the meeting. If no Councilmember is present, the City Clerk Administrator shall adjourn the meeting.

AGENDA
All written petitions, communications, and other matters to be submitted to the City Council for inclusion in the agenda packet for consideration at a regular or adjourned regular meeting should be delivered to the City Clerk Administrator no later than the time established by current administrative policy. The Mayor, in consultation with the City Manager, City Clerk Administrator, and department heads will establish the agenda and the order of the agenda. The City Clerk Administrator shall compile the agenda, listing all matters to be considered by the Council according to the order of business, numbering each item consecutively. A copy of the agenda, complete with all accompanying agenda reports and other background materials, shall be delivered to each Councilmember, the City Attorney, City Manager, Assistant City Manager, and department heads, so as to be available to the recipient no later than the Friday preceding the Council meeting. The agenda packet with supporting material will be available to the public on the City’s website no later than the Friday preceding the Council meeting. The agenda only, without the supporting material, is available to the public in the City Manager’s Department/City Clerk’s Division and is posted on the bulletin board outside the City Council Chambers no later than the Friday afternoon preceding the Council meeting, and in the Council Chambers during each meeting.

Generally, only those matters listed on the agenda shall be finally acted upon by Council. However, if a matter is deemed by any Councilmember, the City Manager, City Clerk Administrator, or City Attorney to be urgent, it may, in accordance with the Brown Act, be added to the agenda and acted upon by the Council if an explanation of the urgency is stated in an open Council meeting and a majority, or super majority, depending upon the applicable provisions of the Brown Act, of the Council consents to hear it.

9.12 7

ORDER OF BUSINESS
The business of the Council at regularly scheduled meetings shall be disposed of in the following order:

Afternoon Session (start time determined by Mayor):

Call to Order
Roll Call
Pledge of Allegiance
Administrative Business (Introduction of New Employees; Presentations; Presiding Officer’s Announcements; Statements of Disqualification; Additions and Deletions; Oral Communications Announcement; City Attorney Report on Closed Session; City Manager Report) Consent Agenda
Council Business (Public Hearings and General Business) Administrative Business (Council Meeting Calendar; Council Memberships in City Groups and Outside Agencies;)
Oral Communications (could occur at the beginning of the evening session, if there is one. Timing will be specified on each agenda) Adjournment (if no Evening Session is scheduled)
Recess to Evening Session (if scheduled)
Evening Session (start time determined by Mayor):

Call to Order
Roll Call
Administrative Business (Presentations)
Council Business (Public Hearings and General Business) Adjournment
Whenever reasonably necessary to expedite the business of the meeting or to accommodate members of the public, the presiding officer may alter the order of business. The presiding officer will solicit Councilmembers’ views but ultimately will make the decisions if and how to change the agenda. A Councilmember should alert the presiding officer should he/she expect a large group to be in attendance.

Special Meetings Procedures
The Mayor will set the order of business for special meetings. Oral communications are not required during special meetings. Every notice (agenda) for a special meeting will state the public’s right to address the Council on the item(s) appearing on that agenda.

9.13 8

CONSENT AGENDA
Councilmembers will attempt to have their questions about consent agenda items answered by City staff in advance of the Council meeting. Councilmembers may ask a brief clarifying question about a Consent Agenda item without pulling it. If there is a policy question or deeper line of questioning, the item should be pulled from the Consent Agenda.

Should a Councilmember want to pull an item from the Consent Agenda, the Councilmember will provide the Presiding Officer and City Manager advance notice of intent to pull the item. The Councilmember will announce which items he/she intends to pull at the beginning of the Consent Agenda.

Prior to the Council’s consideration of the Consent Agenda, members of the public are invited to comment on any Consent Agenda items. After public comment, any Councilmember may remove Consent Agenda items from the Consent Agenda. Items which remain on the Consent Agenda will be acted upon by the Council pursuant to a single motion. Items removed from the Consent Agenda will be considered after the Council vote on the Consent Agenda. Members of the public may comment on removed Consent Agenda items prior to the Council action on these items.

It is acceptable to register a “no” vote on an item on the Consent Agenda without pulling the item from the Consent Agenda. The Councilmember would state that the Councilmember wishes to vote “no” on the item, with or without a brief explanation, before the Mayor calls the vote. After the vote, the Mayor will announce the outcome as: “Motion carries unanimously with the exception of Councilmember A voting “no” on item x.”

STANDARD PROCEDURE FOR GENERAL BUSINESS AND PUBLIC HEARING

AGENDA ITEMS
Councilmembers may make motions before or after public comment on an agenda item, as the maker of the motion sees fit. The general order for items:
 Staff or Sponsoring Councilmember Presentation
 Council Questions
 Council Motion (Should Councilmember elect to make motion ahead of public comment)
 Public Comment
 Council Motion (Should the Councilmember elect to make the motion after public comment)
 Council Questions
 Council Comments and Deliberation
 Vote

9.14 9

STANDARD PROCEDURE FOR GENERAL BUSINESS AND PUBLIC HEARING AGENDA ITEMS (continued)
Generally, there is a preference for reserving Councilmembers comments for the deliberative process after questions have been asked and answered.

DECORUM IN COUNCIL MEETINGS
Requirements

1. Councilmembers will refrain from texting and the use of social media while at the dais, except in case of urgent need or emergency.

2. Councilmembers will use their computers or devices to access their agenda materials, and use e-mail as needed for business purposes, such as communicating with the City Clerk during the meeting or checking e-mails from the public. E-mails sent to the group citycouncil@ e-mail account will continue to be forwarded to Councilmembers’ individual City e-mail accounts by the City Clerk, as possible, during the Council meeting. The City Clerk will not print hard copies and distribute them during the meeting.

3. While the Council is in session, all persons shall preserve order and decorum.

Any person disrupting the Council meeting shall be barred by the presiding officer from further attendance at said meeting unless permission for continued attendance is granted by a majority vote of the Council. Any member of the public who fails to comply with the rules of order and decorum after being warned by the presiding officer, thereby requiring the presiding officer to interrupt the meeting once again to restore order, shall be considered to be disrupting the Council meeting.

4. Every member of the public and every Councilmember desiring to speak shall address the presiding officer, and upon recognition by the presiding officer, should confine comments to the question under debate, avoiding all indecorous language and references to personalities and abiding by the following rules of civil debate. Members of the public addressing a council meeting shall speak from the public lectern and speak into the microphone so that comments can be broadcast and recorded.

5. No persons other than Councilmembers and necessary City staff are permitted on the Council dais.

9.15 10
DECORUM IN COUNCIL MEETINGS (continued)
Except as otherwise set forth below, no audio/visual recording devices may be left unattended at the speaker’s lectern or elsewhere in the Council Chambers. Cell phones, beepers, and similar devices shall be turned off or inaudible in Council Chambers during Council meetings.

6. Individuals may place, and leave unattended, audio recording devices at the designated location in Council Chambers on the window ledge adjacent to the “Press Box” sign.

7. Individuals shall not be allowed to bring furniture into Council Chambers, or other items that might obstruct free passage within or ingress to or egress from Council Chambers, or to place any such obstructions in Council Chambers aisles or passage ways.

Enforcement
The chief of police (or representative) shall act as ex-officio sergeant-at-arms of the Council. The police chief shall carry out all orders and instructions of the presiding officer for the purpose of maintaining order and decorum inside and outside of the Council Chambers.

Persons who disrupt a Council meeting while in session are subject to arrest and prosecution. Upon instructions of the presiding officer it should be the duty of the sergeant-at-arms or any police officer present to eject from the Council Chambers any person in the audience who uses boisterous or profane language, or language tending to bring the Council or any Councilmember into contempt, or any person who interrupts and refuses to keep quiet or take a seat when ordered to do so by the presiding officer or otherwise disrupts the proceedings of the Council meeting.

Announcements
The Mayor or Councilmembers may make announcements of general interest to other Councilmembers or members of the public. These announcements may include, but not be limited to, meeting schedule information, meetings of general community interest, or other general information. No written material will be presented, no recommendations will be made, and no actions will be taken, although the Council may direct staff to report back with regard to an item that is the subject of an item for future discussion at a regular or special meeting.

9.16 11
DECORUM IN COUNCIL MEETINGS (continued)
Continued Meetings (if necessary)
If a Council meeting is continued to consider unfinished business, a notice of continuance will be posted within 24 hours. Oral Communications will be heard once, not in each session of the continued meeting. Members of the public will be allowed to comment on continued agenda items at one session, but not a second time at a continued session.

DUTIES OF PRESIDING OFFICER
The Mayor (or in the Mayor’s absence, the Vice Mayor) shall be the presiding officer of the Council. In the absence of the Mayor and the Vice Mayor, the City Clerk Administrator or Deputy City Clerk shall call the Council meeting to order, whereupon a temporary presiding officer shall be elected by the members of the Council who are present. Upon the arrival of the Mayor or the Vice Mayor, the temporary presiding officer shall relinquish the chair upon the conclusion of the item of business then pending before the Council.

The presiding officer shall preserve strict order and decorum at all meetings of the Council, announce the Council’s decisions on all subjects, decide all questions of order in accordance with the procedural rules for motions and debate, and announce the Council’s vote on all actions or direct the City Clerk Administrator to do so. If there is an appeal to a decision of the presiding officer, the Council as a whole shall decide the question by majority vote. Any Councilmember, with the exception of the presiding officer, may move to appeal a decision of the presiding officer. If the appeal motion is seconded by another Councilmember, the Council shall vote on the appeal. If the appeal motion is not seconded, the presiding officer’s decision shall stand. The presiding officer’s name shall be called last on any question in voting.

PROCEDURAL RULES FOR MOTIONS AND DEBATES
Presiding Officer
The presiding officer may debate and may second motions, but may not make a motion. The presiding officer is subject to the limitations of debate that are imposed on all Councilmembers and, except for making motions, shall not be deprived of any of the rights and privileges of a Councilmember.

9.17 12
PROCEDURAL RULES FOR MOTIONS AND DEBATES (continued)
Councilmember
Every Councilmember desiring to speak shall address the presiding officer, and upon recognition by the presiding officer, shall confine comments to the question under debate, avoiding all indecorous language and references to personalities and abiding by the rules of civil debate herein stated. A Councilmember, once recognized, shall not be interrupted except according to rules of parliamentary procedure (e.g., for a point of order, parliamentary inquiry, or appeal of the presiding officer’s procedural ruling). In addressing the issue under consideration, a Councilmember shall be guided by the following principles:

1. We may disagree, but we will be respectful of one another;

2. All comments will be directed to the issue at hand;

3. Personal attacks should be avoided.

Point of Order
Any Councilmember, with the exception of the presiding officer, may call for a point of order to bring to the attention of the Council a violation of these rules, an omission, a mistake, or an error in procedure, and to secure a ruling from the presiding officer on the question raised. The point of order shall be raised immediately after the violation, omission, mistake or error in procedure has been committed. A Councilmember who wishes to call for a point of order may interrupt a Councilmember who has the floor at the time but shall not explain the basis for his or her point of order until subsequently recognized by the presiding officer. The presiding officer, in his or her discretion, may allow the Councilmember who was interrupted to conclude his or her remarks before ruling on the point of order. A point of order is not debatable; however, the presiding officer may consult the City Attorney or City Manager before ruling on the point of order.

Regular Motion
Any Councilmember, with the exception of the presiding officer, may make a regular motion. A regular motion is debatable.

9.18 13
PROCEDURAL RULES FOR MOTIONS AND DEBATES (continued)
Motion to Amend/Substitute Motion
Any Councilmember, with the exception of the presiding officer, may make a motion to amend a regular motion or a motion to substitute a new motion for a regular motion. A motion to amend and a substitute motion are both debatable. If the nature of the motion is in question, the presiding officer shall decide whether the motion is a motion to amend (which seeks to retain but modify a regular motion) or a substitute motion (which seeks to replace a regular motion with a new and different motion). If the motion to amend or substitute motion is seconded, the Council shall first vote on whether to accept the motion. If the Council votes to accept the motion, the Council shall then vote on the amended motion or substitute motion. If the Council votes not to accept the motion, the Council shall then vote on the original motion.

Friendly Amendment
Any Councilmember including the presiding officer may ask the moving Councilmember to authorize a friendly amendment to a motion on the floor. If acceptable to both the moving Councilmember and seconding Councilmember, the motion shall thereafter proceed as amended. If not acceptable to the moving Councilmember or seconding Councilmember, the Councilmember who requested the friendly amendment may thereafter make a motion to amend. The presiding officer shall decide whether or not to allow debate or limit debate on a proposed friendly amendment.

Request/Motion to Divide the Question
The presiding officer may, in his or her discretion, divide the motion into multiple questions after a motion has been made and seconded. Any Councilmember may request that the presiding officer divide the motion into multiple questions after a motion has been made and seconded. If, upon request, the presiding officer declines to divide the question, any Councilmember may make a motion to divide the question. The presiding officer shall decide whether or not to allow debate or limit debate on a motion to divide the question. When dividing the question, the presiding officer or the requesting or moving Councilmember shall clearly state each question to be the subject of a separate Council vote.

9.19 14
PROCEDURAL RULES FOR MOTIONS AND DEBATES (continued)
Motion to Limit Consideration
Any Councilmember, with the exception of the presiding officer, may make a motion to limit consideration (public comment and/or Council debate) on an item to a specific period of time. The motion shall specify the period of time to which consideration shall be limited. The presiding officer shall decide whether or not to allow debate or limit debate on a motion to limit debate. The presiding officer, in the interest of accomplishing the Council’s business in a reasonably timely manner, may assign time limits to agenda items prior to or during the Council’s consideration of those agenda items.

Motion to Call the Question
Any Councilmember, with the exception of the presiding officer, may make a motion to call the question. If adopted, the motion requires that all discussion of the item under consideration be halted immediately without further discussion and that the item be immediately put to a vote of the Council. A motion to call the question is not debatable.

Motion to Reconsider
A motion to reconsider any action taken by the Council may be made only on the same day that the action was taken. The motion may be made either immediately during the same session, or at a recessed or adjourned session on the same day. With the exception of the presiding officer, the motion may be made only by a Councilmember who previously voted in the majority on the item which is the subject of reconsideration. A motion to reconsider is debatable.

9.20 15
PROCEDURAL RULES FOR MOTIONS AND DEBATES (continued)
Motion to Rescind
Any Councilmember, with the exception of the presiding officer, may make a motion to rescind a prior Council Action. A Council action may not be rescinded on the same day the action was taken, but may be rescinded at any subsequent meeting of the Council.

Action taken pursuant to resolution may only be rescinded by resolution. Actions taken by motion may be rescinded by motion. A motion to rescind is debatable. Except in the case of an emergency or where the Council makes the necessary findings and adds the item to the agenda as a late item in accordance with Brown Act requirements, a request to rescind a prior action of the Council, not already agendized for that meeting, will not be acted upon at the same meeting at which the request is presented but will be continued to the next meeting to permit notification of interested persons. Nothing in this rule shall be construed as limiting the authority of the Council from again considering at a future Council meeting an item it had considered and acted upon at a prior Council meeting and thereafter taking action upon that item at variance with the prior Council action or which supersedes the prior Council action.

Motion to Suspend the Rules
Any Councilmember, with the exception of the presiding officer, may make a motion to suspend the rules. The moving Councilmember shall identify the rule to be suspended if the motion is adopted and specify the action proposed to be taken during the rule’s suspension. The motion shall require the affirmative vote of two-thirds of the Councilmembers present for passage. A motion to suspend the rules is debatable.

Multiple Motions
A maximum of three motions may be pending at any given time during a Council meeting. Subsequent motions shall be rejected by the presiding officer until less than three motions are pending. When two or three motions are pending, the last pending motion made shall be the first motion voted on by the Council. For example, if a regular motion and a motion to amend are simultaneously pending, the vote on the motion to amend shall be taken first and the vote on the regular motion shall be taken second. By way of further example, if a regular motion is followed by a substitute motion which, in turn, is followed by a motion to table (refer to page 15, Motion to Table), the vote on the motion to table shall be taken first, followed by the vote on the substitute motion and then, if necessary, followed by the vote on the regular motion.

9.21 16

ADDRESSING THE COUNCIL AFTER PUBLIC COMMENT IS CLOSED
After public comment on an item is closed, no person shall address the Council except upon the request of a member of the Council through the presiding officer.

COUNCIL ACTION
Any vote of the Council may be by voice vote. A roll call vote will be taken if any member of the Council requests it, either prior or subsequent to any vote.

Ordinances, resolutions and other matters or subjects requiring action by the Council must be introduced and sponsored by a member of the Council, by motion duly made and seconded. Debate shall not be permitted on a motion until it is seconded and until the motion has been restated by the presiding officer or the City Clerk Administrator.

After the vote has been called, there will be no further discussion or debate, except that members of the Council may be permitted by the presiding officer to explain their votes. Ordinances and resolutions may be introduced and passed by reading the title only; they shall be read in full only when requested by a majority of the Council.

Disqualifications
Section 607 of the City Charter states that “All members present at any meeting must vote unless disqualified, in which case the disqualification shall be publically declared and a record thereof made.”
The Political Reform Act of 1974, Section 87100 states that “no public official at any level of state or local government shall make, participate in making or in any way attempt to use his official position to influence a governmental decision in which he knows or has reason to know he has a financial interest.” The City of Santa Cruz has adopted a Conflict of Interest Code, and Section 8 of that Code states that “No designated employee shall make, participate in making, or in any way attempt to use his or her official position to influence the making of any governmental decision which he or she knows or has reason to know will have a reasonably foreseeable material financial effect distinguishable from its effect on the public…”
The City Attorney is available to help Councilmembers decide if they should declare disqualification on any issue. There may be instances where financial conflict of interest is not the issue, and again, the City Attorney will provide guidance in determining whether a Councilmember should disqualify him/herself from acting on the item. In these instances Councilmembers should use the phrase, “…to avoid the appearance of impropriety.”

9.22 17
COUNCIL ACTION (continued)
Voting
Any Councilmember, with the exception of the presiding officer, may make a motion.

Any Councilmember including the presiding officer may second a motion. Any motion which is not seconded by a Councilmember shall die for lack of a second. With the exception of a motion to suspend the rules, which requires a two-thirds affirmative vote for passage, any motion shall pass if a majority of present Councilmembers vote in favor of the motion. Any motion shall fail if a majority of present Councilmembers vote in opposition to the motion or if there is a tie vote on the motion by present Councilmembers. A resolution shall require four affirmative Councilmember votes for adoption. Except as otherwise stated in the City Charter, an ordinance shall require four affirmative Councilmember votes for adoption.

Vote Required

1. Ordinances and Resolutions
Legislative action shall be taken by the Council only by means of an ordinance or resolution. Except where a greater number of votes is required by statute or Charter, any ordinance or resolution introduced or passed must receive the affirmative votes of at least four (4) members of the Council.

2. Minute Orders
Administrative matters may be acted upon by minute order. These actions may be taken by motion and, unless subject to Charter, statutory or Constitutional requirements, shall be deemed passed upon receiving a majority vote of all Councilmembers present.

Tie Vote
If a tie vote should occur on an appeal to the Council of an administrative decision, or on any matter before the Council, the tie vote shall be resolved as follows:

1. Disqualification
A tie vote resulting from a disqualification of one or more Councilmembers, with no Councilmembers absent and no vacancies on the Council shall constitute a denial of the appeal, or a defeat of the motion.

9.23 18
COUNCIL ACTION (continued)
Tie Vote (continued)

2. Absence
A tie vote during the absence of one or more Councilmembers, or when there is a vacancy on the Council shall cause the item to be automatically continued (typically to the next meeting); except that as to matters on which action must be taken on a date prior to the next meeting, a tie vote shall constitute a denial of the requested action.

Successive Tie Votes
A tie vote at the next regularly scheduled City Council meeting on a matter which has been continued as a result of a tie vote constitutes a denial of the appeal or defeat of the motion.

Motion to Table
Any Councilmember, with the exception of the presiding officer, may make a motion to table. If adopted, the motion requires that all discussion of the item under consideration at the time of the motion be halted immediately without further discussion. The motion may or may not include a specific time at which the Council will resume consideration of the item. However, a motion which does not include a specific resumption time shall not be construed as precluding the Council’s ability to resume consideration of the item at any future City Council meeting. A motion to table is not debatable.

Motion to Adjourn
Any Councilmember, with the exception of the presiding officer, may make a motion to adjourn. If adopted, the motion requires the Council to immediately cease its meeting and to adjourn to the next regularly scheduled or specially scheduled Council meeting.

A motion to adjourn is not debatable.

9.24 19
COUNCIL ACTION (continued)
Motion to Fix the Time to Adjourn
Any Councilmember, with the exception of the presiding officer, may make a motion to fix the time to adjourn. The moving Councilmember shall specifically state the hour at which the Council meeting shall immediately cease if the motion is adopted. If adopted, the motion requires the City Council to immediately cease its meeting at the appointed hour and to adjourn to the next regularly scheduled or specially scheduled Council meeting. The presiding officer shall decide whether or not to allow debate or limit debate on a motion to fix the time to adjourn. Nothing in this rule shall be construed as prohibiting the Council from adjourning its meeting prior to the hour specified in the motion should the Council complete its business prior to the appointed hour.

Motion to Recess
Any Councilmember, with the exception of the presiding officer, may make a motion to recess. The moving Councilmember shall specifically state the length of time of the recess if the motion is adopted. If adopted, the motion requires the Council to immediately recess its meeting for the specified period of time. A motion to recess is not debatable. Nothing in this rule shall be construed as prohibiting the presiding officer from recessing a Council meeting from time-to-time as deemed appropriate by the presiding officer.

ADDRESSING THE COUNCIL FROM THE FLOOR
Securing Permission to Speak
Any persons desiring to address the Council shall follow the procedures specified in the agenda and shall first secure permission from the presiding officer. Remarks should be directed to the matter being considered.

9.25 20
ADDRESSING THE COUNCIL FROM THE FLOOR (continued)
Individuals
Persons addressing the Council should, but are not required to, give their name in an audible tone of voice for the record and sign their name on the sign-up sheet provided for that purpose. Unless further time is granted by the presiding officer, the time limit shall be as stated in the agenda and/or as directed by the presiding officer. All remarks shall be addressed to the Council as a whole and not to any individual member. Without the permission of the presiding officer only Councilmembers and the person addressing the Council shall be permitted to enter into any discussion.

Each Councilmember may recognize a member or members of the public for additional time or move additional time for public discussion. The presiding officer may at his/her discretion increase or decrease public comment time for more than or less than 3 minutes.

Spokesperson for Group Presentations
Organized groups that wish to make a presentation longer than the time allowed for in the agenda must contact the City Clerk Administrator or the Mayor prior to the meeting.

An individual who wishes additional time to speak on an agenda item on behalf of an organization or group (group speaker) must contact the Mayor prior to the meeting to request the additional time. In return, the group speaker should encourage other group members to avoid extensive repeat comments. Additional time to speak will not be granted if a group speaker is making a request while the Council meeting is in session.

Councilmember Engagement with the Public during Public Comment Public comment is intended for the Council to hear from the public and is not the time for a dialogue between the Council and the public. Councilmembers make take note of comments or questions for follow-up, and at the conclusion of the public comment and upon recognition by the Presiding Officer, may pose those questions to staff.

If the Presiding Officer perceives, or is alerted by another Councilmember of, a substantial factual issue with a member of the public’s comments, the Presiding Officer may ask staff for an immediate clarification at the end of the speaker’s comments.

If a Councilmember seeks clarity on an issue, it is preferred for the Councilmember to engage with his/her colleagues and staff in achieving clarity.

9.26 21
ADDRESSING THE COUNCIL FROM THE FLOOR (continued)
Oral Communications
Community members may address the City Council about any matter not on the agenda but within the City Council’s subject matter jurisdiction during Oral Communications.

Oral Communications will be held at a time certain which will be specified on each agenda.

Speakers will be invited up to the lectern by the Mayor and are asked to keep comments to two minutes or less, and encouraged to state name but not required to state community of residence or affiliation. Up to 30 minutes will be allocated for Oral Communications. The Mayor may shorten individual comment to less than two minutes in order to hear from all individuals who wish to offer comments during the thirty-minute Oral Communications period. Note that in the absence of an emergency, California law prohibits the City Council from discussing or taking immediate action on comments offered in Oral Communications.

1. Presentations will ordinarily be limited to TWO MINUTES.

2. Priority will be given to individuals who did not speak at the previous Council meeting’s Oral Communications.

3. Individuals may not speak more than once during Oral Communications.

4. All speakers must address the entire Council and will not be permitted to engage in dialogue.

5. The Council may not take action on Oral Communications, but may direct that the issue discussed be agendized for a future meeting.

SPEAKERS ARE ENCOURAGED AND REQUESTED, BUT NOT REQUIRED, TO SIGN THEIR NAME ON THE SIGN-UP SHEET PLACED NEAR THE SPEAKER’S STAND SO THAT THEIR NAMES MAY BE ACCURATELY RECORDED IN THE MINUTES OF THE MEETING.

Time limits may be increased or decreased at the Mayor’s discretion, subject to the approval of the City Council.

Generally, matters presented as oral communications which require further investigation or information shall be referred to staff, and if the Council determines that action is required, the item may be placed on a future agenda.

9.27 22
ADDRESSING THE COUNCIL FROM THE FLOOR (continued)
Oral Communications (continued)
Spanish translation services for Council Oral Communications will be provided. Unless requested four days in advance of the Council meeting, Spanish translation services will not be provided for other agenda items, unless the Spanish translation service provider can appear on less than four days’ notice.

Speaker Timer at Lectern
Speakers must be aware of the public speaker timer at the lectern. Speakers will be given a specific amount of time to address the Council. The timer will show green for speaking, yellow at a 30-second wrap-up, and red when time has ended.

Public Hearings
Interested persons or their authorized representatives may address the Council in regard to public hearing matters under consideration.

For land use application public hearings, the applicant presentation shall be limited to 20 minutes, maximum; all other individuals shall be limited to 5 minutes, maximum.

For appeals public hearings, the appellant shall be limited to 20 minutes, maximum; all other individuals shall be limited to 5 minutes, maximum.

Time limits may be increased or decreased at the Mayor’s discretion, subject to the approval of the City Council.

PREPARATION OF THE MINUTES
Method of Keeping Minutes
The minutes of the Council shall be kept by the City Clerk Administrator and shall be recorded in a file kept for that purpose, with a record of each particular type of business transacted by the Council set off in paragraphs with subheadings. The City Clerk Administrator shall be required to make a record only of such business as was actually passed by a vote of the Council and shall not be required to make a verbatim transcript of the proceedings. A record shall be made of the names of persons addressing the Council, the title of the subject to which their remarks related and whether they spoke in support of or in opposition to such matter.

9.28 23
PREPARATION OF THE MINUTES (continued)
Remarks of Councilmembers Entered in Minutes
A Councilmember may request, through the presiding officer, the privilege of having an abstract of that member’s statements on any subject under consideration by the Council entered in the minutes. If the Council consents, such statements shall be entered in the minutes.

Synopsis of Debate Entered in Minutes
The City Clerk Administrator may be directed by the presiding officer, with the consent of the Council, to enter in the minutes a synopsis of the discussion on any question coming regularly before the Council.

Delivery of Minutes
As soon as possible after each Council meeting, the City Clerk Administrator shall cause a copy of the minutes to be forwarded to each Councilmember, the City Manager, and department heads, typically delivered with the agenda packet for the next regularly scheduled Council meeting.

APPROVAL OF MINUTES
The minutes of the preceding Council meeting may be approved without reading, provided that the City Clerk Administrator has previously furnished each member of the Council with a copy of the minutes and that a majority of the Council has not requested such a reading.

CORRECTION OF MINUTES
When a Councilmember wishes to correct the minutes, he/she shall contact the City Clerk Administrator in advance of the meeting with the correction. The City Clerk Administrator will then verify the correction by listening to the recording of the City Council meeting. Upon verification of an error in the minutes, the City Clerk Administrator will provide the corrections to the Council in advance of the meeting. If time constraints prevent this procedure, the Council shall continue the approval of the minutes to the next meeting, and direct the City Clerk Administrator to verify the error.

9.29 24

PROCESSING COUNCIL MAIL
The Mayor (or designee) is authorized to receive and review all mail generally addressed to the City Council. All correspondence not requiring Council action will be acted upon between Council meetings and referred to staff if appropriate. Action taken on these communications will later be reported to the Council.

SPECIAL COMMITTEES
Subject to approval of the Council, the Mayor may appoint special committees of the Councilmembers, private citizens, or both, as deemed desirable and necessary to assist and advise the Council in its work.

PREPARATION AND STAFF APPROVAL OF ORDINANCES, RESOLUTIONS

AND CONTRACT DOCUMENTS
All ordinances, except those initiated by the voters of the City under the provisions of Article VII, Section 706 of the City Charter, shall be prepared or reviewed by the City Attorney. Ordinances shall be prepared for presentation to the City Council only if ordered by a majority vote of the Council, requested in writing by the City Manager, or prepared on the City Attorney’s own initiative. As time allows, the City Attorney may assist individual Councilmembers in preparation of ordinances for future Council consideration.

Ordinances (except ordinances initiated by the voters of the City under provisions of Article VII, Section 706 of the City Charter), resolutions, and contract documents to be presented to the Council shall first be approved as to form and legality by the City Attorney or an authorized representative. When substantive matters of administration are involved, the ordinance, resolution, or contract shall also be examined for administration by the City Manager, the head of the affected department, or an authorized representative of the City Manager.

9.30 1
Councilmembers’ Handbook
Originally Adopted by Resolution No. NS-13,283 – February 13, 1979 Revised by Resolution No. NS-14,769 – March 23, 1982
Revised by Resolution No. NS-16,526 – September 10, 1985 Revised by Resolution No. NS-24,070 – November 17, 1998 Revised by Resolution No. NS-26,837 – March 22, 2005
Revised by Resolution No. NS-28,722 – November 26, 2013 Revised by Resolution No. NS-28,747 – February 11, 2014 Revised by Resolution No. NS-28,884 – January 13, 2015
Revised by Resolution No. NS-29,247 – May 23, 2017
Revised by Resolution No. NS-29,336 – November 28, 2017 Revised by Resolution No. NS-29,349 – January 23, 2018
Revised by Resolution No. NS-29,485 – February 12, 2019 Prepared by the City Manager’s Department/City Clerk’s Division

9.31 2
Table of Contents

9.32 3
Table of Contents cont’d
Motion to Reconsider...........................................................................14 Motion to Rescind................................................................................15 Motion to Suspend the Rules................................................................15 Multiple Motions..................................................................................15 Addressing the Council after Public Comment is Closed ...................... 16 Council Action ......................................................................................... 16 Disqualifications ................................................................................ 16 Voting ................................................................................................17 Vote Required ................................................................................... 17 1) Ordinances and Resolutions ...................................................... 17 2) Minute Orders ......................................................................... 17 Tie Vote ............................................................................................ 17 1) Disqualification ........................................................................ 17 2) Absence .................................................................................. 18 Successive Tie Votes ......................................................................... 18 Motion to Table ................................................................................. 18 Motion to Adjourn ...............................................................................18 Motion to Fix the Time to Adjourn ........................................................19 Motion to Recess.................................................................................19 Addressing the Council from the Floor .................................................. 19 Securing Permission to Speak ............................................................. 19 Individuals ........................................................................................ 20 Spokesperson for Group Presentations ................................................ 20 Council Engagement with the Public During Public Comment ..................20

9.33 4
Table of Contents cont’d
Oral Communications ......................................................................... 21 Speaker Timer at Lectern.....................................................................22 Public Hearings ................................................................................. 22 Preparation of the Minutes .................................................................... 22 Method of Keeping Minutes ................................................................ 22 Remarks of Councilmembers Entered in Minutes .................................. 23 Synopsis of Debate Entered in Minutes ............................................... 23 Delivery of Minutes ............................................................................ 23 Approval of Minutes ................................................................................ 23 Correction of Minutes ............................................................................. 23 Processing Council Mail ...........................................................................24 Special Committees ................................................................................ 24 Preparation and Staff Approval of Ordinances,
Resolutions, and Contract Documents ............................................... 24

9.34 5

RULES OF PROCEDURE FOR CONDUCT

OF CITY COUNCIL BUSINESS

9.35 6
QUORUM
Four members of the City Council (AKA “Council”) constitute a quorum to do business, but less than that number may adjourn from time-to-time. When there is no quorum, the Mayor, Vice Mayor, or any other Councilmember shall adjourn the meeting. If no Councilmember is present, the City Clerk Administrator shall adjourn the meeting.

9.36 7

ORDER OF BUSINESS
The business of the Council at regularly scheduled meetings shall be disposed of in the following order:

Afternoon Session (start time determined by Mayor):

Call to Order
Roll Call
Pledge of Allegiance
Administrative Business (Introduction of New Employees; Presentations; Presiding Officer’s Announcements; Statements of Disqualification; Additions and Deletions; Oral Communications Announcement; City Attorney Report on Closed Session; City Manager Report) Consent Agenda
Council Business (Public Hearings and General Business) Administrative Business (Council Meeting Calendar; Council Memberships in City Groups and Outside Agencies;)
Oral Communications (could occur at the beginning of the evening session, if there is one. Timing will be specified on each agenda)on or around 5:30 p.m.)
Adjournment (if no Evening Session is scheduled)
Recess to Evening Session (if scheduled)
Evening Session (start time determined by Mayor):

9.37 8

STANDARD PROCEDURE FOR GENERAL BUSINESS AND PUBLIC HEARING

9.38 9

DECORUM IN COUNCIL MEETINGS
Requirements

1. Councilmembers will refrain from texting and the use of social media while at the dais, except in case of urgent need or emergency.

3. While the Council is in session, all persons shall preserve order and decorum.

5. No persons other than Councilmembers and necessary City staff are permitted on the Council dais.

9.39 10
DECORUM IN COUNCIL MEETINGS (continued)
Except as otherwise set forth below, no audio/visual recording devices may be left unattended at the speaker’s lectern or elsewhere in the Council Chambers. Cell phones, beepers, and similar devices shall be turned off or inaudible in Council Chambers during Council meetings.

6. Individuals may place, and leave unattended, audio recording devices at the designated location in Council Chambers on the window ledge adjacent to the “Press Box” sign.

9.40 11
DECORUM IN COUNCIL MEETINGS (continued)
Continued Meetings (if necessary)
If a Council meeting is continued to consider unfinished business, a notice of continuance will be posted within 24 hours. Oral Communications will be heard once, not in each session of the continued meeting. Members of the public will be allowed to comment on continued agenda items at one session, but not a second time at a continued session.

9.41 12
PROCEDURAL RULES FOR MOTIONS AND DEBATES (continued)
Councilmember
Every Councilmember desiring to speak shall address the presiding officer, and upon recognition by the presiding officer, shall confine comments to the question under debate, avoiding all indecorous language and references to personalities and abiding by the rules of civil debate herein stated. A Councilmember, once recognized, shall not be interrupted except according to rules of parliamentary procedure (e.g., for a point of order, parliamentary inquiry, or appeal of the presiding officer’s procedural ruling). In addressing the issue under consideration, a Councilmember shall be guided by the following principles:

1. We may disagree, but we will be respectful of one another;

2. All comments will be directed to the issue at hand;

3. Personal attacks should be avoided.

Regular Motion
Any Councilmember, with the exception of the presiding officer, may make a regular motion. A regular motion is debatable.

9.42 13
PROCEDURAL RULES FOR MOTIONS AND DEBATES (continued)
Motion to Amend/Substitute Motion
Any Councilmember, with the exception of the presiding officer, may make a motion to amend a regular motion or a motion to substitute a new motion for a regular motion. A motion to amend and a substitute motion are both debatable. If the nature of the motion is in question, the presiding officer shall decide whether the motion is a motion to amend (which seeks to retain but modify a regular motion) or a substitute motion (which seeks to replace a regular motion with a new and different motion). If the motion to amend or substitute motion is seconded, the Council shall first vote on whether to accept the motion. If the Council votes to accept the motion, the Council shall then vote on the amended motion or substitute motion. If the Council votes not to accept the motion, the Council shall then vote on the original motion.

9.43 14
PROCEDURAL RULES FOR MOTIONS AND DEBATES (continued)
Motion to Limit Consideration
Any Councilmember, with the exception of the presiding officer, may make a motion to limit consideration (public comment and/or Council debate) on an item to a specific period of time. The motion shall specify the period of time to which consideration shall be limited. The presiding officer shall decide whether or not to allow debate or limit debate on a motion to limit debate. The presiding officer, in the interest of accomplishing the Council’s business in a reasonably timely manner, may assign time limits to agenda items prior to or during the Council’s consideration of those agenda items.

9.44 15
PROCEDURAL RULES FOR MOTIONS AND DEBATES (continued)
Motion to Rescind
Any Councilmember, with the exception of the presiding officer, may make a motion to rescind a prior Council Action. A Council action may not be rescinded on the same day the action was taken, but may be rescinded at any subsequent meeting of the Council.

9.45 16

COUNCIL ACTION
Any vote of the Council may be by voice vote. A roll call vote will be taken if any member of the Council requests it, either prior or subsequent to any vote.

9.46 17
COUNCIL ACTION (continued)
Voting
Any Councilmember, with the exception of the presiding officer, may make a motion.

Vote Required

Tie Vote
If a tie vote should occur on an appeal to the Council of an administrative decision, or on any matter before the Council, the tie vote shall be resolved as follows:

9.47 18
COUNCIL ACTION (continued)
Tie Vote (continued)

A motion to adjourn is not debatable.

9.48 19
COUNCIL ACTION (continued)
Motion to Fix the Time to Adjourn
Any Councilmember, with the exception of the presiding officer, may make a motion to fix the time to adjourn. The moving Councilmember shall specifically state the hour at which the Council meeting shall immediately cease if the motion is adopted. If adopted, the motion requires the City Council to immediately cease its meeting at the appointed hour and to adjourn to the next regularly scheduled or specially scheduled Council meeting. The presiding officer shall decide whether or not to allow debate or limit debate on a motion to fix the time to adjourn. Nothing in this rule shall be construed as prohibiting the Council from adjourning its meeting prior to the hour specified in the motion should the Council complete its business prior to the appointed hour.

9.49 20
ADDRESSING THE COUNCIL FROM THE FLOOR (continued)
Individuals
Persons addressing the Council should, but are not required to, give their name in an audible tone of voice for the record and sign their name on the sign-up sheet provided for that purpose. Unless further time is granted by the presiding officer, the time limit shall be as stated in the agenda and/or as directed by the presiding officer. All remarks shall be addressed to the Council as a whole and not to any individual member. Without the permission of the presiding officer only Councilmembers and the person addressing the Council shall be permitted to enter into any discussion.

If a Councilmember seeks clarity on an issue, it is preferred for the Councilmember to engage with his/her colleagues and staff in achieving clarity.

9.50 21
ADDRESSING THE COUNCIL FROM THE FLOOR (continued)
Oral Communications
Community members may address the City Council about any matter not on the agenda but within the City Council’s subject matter jurisdiction during Oral Communications.

Oral Communications will be held at a time certain which will be specified on each agenda. the beginning of the evening session, which will occur on or about 7:00 p.m.

If Oral Communications concludes earlier than 7:30 p.m., Council shall recess and reconvene at 7:30 p.m. to begin the business portion of the meeting.

Speakers will be invited up to the lectern by the Mayor and are asked to keep comments to three two minutes or less, and encouraged to state name but not required to state community of residence or affiliation. Up to 30 minutes will be allocated for Oral Communications. The Mayor may shorten individual comment to less than three two minutes in order to hear from all individuals who wish to offer comments during the thirty-minute Oral Communications period. Note that in the absence of an emergency, California law prohibits the City Council from discussing or taking immediate action on comments offered in Oral Communications.

1. Presentations will ordinarily be limited to THREE TWO MINUTES.

2. Priority will be given to individuals who did not speak at the previous Council meeting’s Oral Communications.

3. Individuals may not speak more than once during Oral Communications.

4. All speakers must address the entire Council and will not be permitted to engage in dialogue.

5. The Council may not take action on Oral Communications, but may direct that the issue discussed be agendized for a future meeting.

Time limits may be increased or decreased at the Mayor’s discretion, subject to the approval of the City Council.

ADDRESSING THE COUNCIL FROM THE FLOOR (continued)

9.51 22
Oral Communications (continued)
Spanish translation services for Council Oral Communications will be provided. Unless requested four days in advance of the Council meeting, Spanish translation services will not be provided for other agenda items, unless the Spanish translation service provider can appear on less than four days’ notice.

Public Hearings
Interested persons or their authorized representatives may address the Council in regard to public hearing matters under consideration.

For land use application public hearings, the applicant presentation shall be limited to 20 minutes, maximum; all other individuals shall be limited to 5 minutes, maximum.

For appeals public hearings, the appellant shall be limited to 20 minutes, maximum; all other individuals shall be limited to 5 minutes, maximum.

Time limits may be increased or decreased at the Mayor’s discretion, subject to the approval of the City Council.

PREPARATION OF THE MINUTES (continued)

9.52 23
Remarks of Councilmembers Entered in Minutes
A Councilmember may request, through the presiding officer, the privilege of having an abstract of that member’s statements on any subject under consideration by the Council entered in the minutes. If the Council consents, such statements shall be entered in the minutes.

9.53 24

PREPARATION AND STAFF APPROVAL OF ORDINANCES, RESOLUTIONS

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

MINUTES OF A CITY COUNCIL MEETING
January 25, 2022
1:00 PM
Mayor Brunner opened the City Council Closed Session at 1:00 p.m. in a public meeting via Zoom, for the purpose of announcing the agenda, and receiving public testimony.

Roll Call

Present: Councilmembers Kalantari-Johnson (via Zoom), Golder (via Zoom), Cummings (via Zoom), Brown (via Zoom), Meyers (via Zoom); Vice Mayor Watkins (via Zoom); Mayor Brunner (via Zoom).

Absent: None.

Staff: City Manager M. Huffaker (via Zoom), Assistant City Manager L. Schmidt (via Zoom), City Attorney T. Condotti (via Zoom), Interim Finance Director B. Magee (via Zoom), Human Resources Director L. Murphy (via Zoom), Deputy City Manager and Director of Planning and Community Development and Homelessness Response L. Butler (via Zoom), Water Director R. Menard (via Zoom), Deputy City Clerk Administrator J. Wood, City Clerk Administrator B. Bush (via Zoom).

Public Comment
Mayor Brunner opened the public comment period at 1:02 p.m. There were no speakers. Mayor Brunner closed the public comment period at 1:03 p.m.

10.1 January 25, 2022 CITY COUNCIL MINUTES 5939
Closed Session

1. Conference with Labor Negotiators (Government Code §54957.6) Employee Organizations:
a) Fire IAFF Local 1716
b) Fire Management Association
c) OE3 Mid-manager and Supervisor Employees
d) SEIU Local 521
e) Unrepresented
City Negotiator – Lisa Murphy

2. Conference with Legal Counsel – Anticipated Litigation (Government Code §54956.9(d)(4))
Initiation of litigation – (1 potential case to be discussed)

3. Conference with Legal Counsel - Existing Litigation (Government Code §54956.9(d)(1))
Kessner, Bonnie, et al. v. City of Santa Clara, et al.
(Santa Clara County Superior Court Case No. 20CV364054) At this time, the meeting was closed to the public. (See page 5941 for a report on Closed Session.)

10.2 January 25, 2022 CITY COUNCIL MINUTES 5940
City of Santa Cruz
809 Center Street
Santa Cruz, California 95060

MINUTES OF A CITY COUNCIL MEETING
January 25, 2022
2:00 PM
Call to Order – Mayor Brunner called the meeting to order at 2:06 p.m. via Zoom.

Roll Call

Present: Councilmembers Kalantari-Johnson (via Zoom), Golder (via Zoom), Cummings (via Zoom), Brown (via Zoom), Meyers (via Zoom); Vice Mayor Watkins (via Zoom); Mayor Brunner (via Zoom).

Absent: None.

Staff: City Manager M. Huffaker (via Zoom), Assistant City Manager L. Schmidt (via Zoom), Deputy City Attorney C. Bronson (via Zoom), Director of Public Works M. Dettle (via Zoom), Interim Chief of Police B. Escalante (via Zoom), Deputy City Manager and Director of Planning, Community Development and Homelessness Response L. Butler (via Zoom), Interim Finance Director B. Magee (via Zoom), Director of Economic Development B. Lipscomb (via Zoom), Director of Information Technology K. Morgan (via Zoom), Human Resources Director L. Murphy (via Zoom), Water Director R. Menard (via Zoom), Director of Parks and Recreation T. Elliot (via Zoom), Library Director Y. Wilburn (via Zoom), Interim Fire Chief R. Oatey (via Zoom), Recreation Superintendent R.

Kaufman (via Zoom), Economic Development Manager R. Unitt (via Zoom), Water Conservation Representative N. Christen (via Zoom), Deputy City Clerk Administrator J. Wood, City Clerk Administrator B.

Bush (via Zoom).

Presiding Officer's Announcements
Statements of Disqualification – None.

Additions and Deletions – City Clerk Administrator B. Bush announced that item 9 had been removed from the agenda.

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

10.3 January 25, 2022 CITY COUNCIL MINUTES 5941
City Attorney Report on Closed Session
Conference with Labor Negotiators (Government Code §54957.6) Employee Organizations:
a) Fire IAFF Local 1716
b) Fire Management Association
c) OE3 Mid-manager and Supervisor Employees
d) SEIU Local 521
e) Unrepresented
City Negotiator – Lisa Murphy
Council received a status report from the City Negotiator, and took no reportable action.

Conference with Legal Counsel – Anticipated Litigation (Government Code §54956.9(d)(4))
Initiation of litigation – (1 potential case to be discussed) Council received a status report, and authorized initiation of litigation against UCSC and regents arising out of their approval of the 2021 Long Range Development Plan.

Conference with Legal Counsel - Existing Litigation (Government Code §54956.9(d)(1))
Kessner, Bonnie, et al. v. City of Santa Clara, et al.
(Santa Clara County Superior Court Case No. 20CV364054) Council received a status report, and Council approved terms of a settlement by agreeing to a waiver of costs in consideration of the Plaintiff’s waiver of right to appeal.

10.4 January 25, 2022 CITY COUNCIL MINUTES 5942
Council Meeting Calendar

4. The City Council reviewed and revised the meeting calendar attached to the agenda.

City Clerk Administrator B. Bush announced a special meeting has been scheduled for March 29th.

City Manager M. Huffaker responded to Councilmember questions regarding agendizing the Regional Transportation Commission ballot measure item for the February 8, 2022 City Council meeting.

Council Memberships in City Groups and Outside Agencies

5. The Presiding Officer provided Councilmembers with the opportunity to update Council on any external committee meetings that occurred since the last Council meeting.

Councilmember Cummings: Association of Monterey Bay Area Governments (AMBAG), Local Agency Formation Commission (LAFCO), and Climate Action Task Force.

Councilmember Brown: Regional Transportation Commission, and Area Agency on Aging.

Councilmember Golder: Charter Amendment Committee.

Councilmember Meyers: Charter Amendment Committee, Central Coast Community Energy Policy Board, and Santa Cruz Metropolitan Transit District Board.

Councilmember Kalantari-Johnson: Health in All Policies Committee.

Vice Mayor Watkins: Council Ad Hoc Revenue Committee, and Homelessness 2x2 Committee.

Mayor Brunner: Health in All Policies Committee, and Ad Hoc Revenue Committee.

10.5 January 25, 2022 CITY COUNCIL MINUTES 5943
Consent Agenda
Councilmembers Brown and Kalantari-Johnson made comments on item 11.

Mayor Brunner opened the public comment period. There were no speakers. Mayor Brunner closed the public comment period.

MOTION: Vice Mayor Watkins moved, seconded by Councilmember Cummings, to approve the Consent Agenda.

ACTION: The motion carried unanimously with the following vote.

AYES: Councilmembers Kalantari-Johnson, Golder, Cummings, Brown, Meyers; Vice Mayor Watkins; Mayor Brunner.

NOES: None.

ABSENT: None.

DISQUALIFIED: None.

6. Minutes of the January 11, 2022 City Council Meeting (CC) Motion carried to approve as submitted.

7. Minutes of the January 18, 2022 City Council Study Session (CC) Motion carried to approve as submitted.

8. Minutes of the January 18, 2022 City Council Special Meeting (CC) Motion carried to approve as submitted.

9. Support for Santa Cruz County Regional Transportation Commission Placing Ballot Measure Related to Public Transit on the Rail Line (CN) This item was removed from the agenda prior to the meeting and was not discussed.

10.6 January 25, 2022 CITY COUNCIL MINUTES 5944
Consent Agenda (continued)

10. Resolution Establishing the 2022 Security Deposit Interest Rate for Residential Rental Property (ED)
Resolution No. NS-29,919 was adopted establishing the 2022 interest rate for the residential security deposits at 0.01% and rescinding Resolution No. NS29,771.

11. Accept Library Naming Rights Gift Agreement for the Allison Endert Memorial Children's Room at the Branciforte Branch Library (LB)
Motion carried to accept the Library Naming Rights Gift Agreement for the Allison Endert Memorial Children's Room at the Branciforte Branch Library.

12. Bay Drive Storm Damage Repair Project (c401507) – Notice of Completion (PW) Motion carried to accept the work of American Enviro Services, Inc. (Bakersfield, CA) as completed per the plans and specifications and authorize the filing of the Notice of Completion for Bay Drive Storm Damage Repair Project (c401507).

13. Neary Lagoon Tule and Sediment Removal Project (m409688) – Notice of Completion (PW)
Motion carried to accept the work of McNabb Construction, Inc. (Lafayette, CA) as completed per plans and specifications and authorize the filing of the Notice of Completion for the Neary Lagoon Tule and Sediment Removal Project (m409688).

14. Water Street Signal Interconnect Conduit Project (c401602) - Advertise for Bids and Award Contract (PW)
Motion carried to approve the plans and specifications for the Water Street Signal Interconnect Conduit Project (c401602) and authorize staff to advertise for bids and award the contract. The City Manager is hereby authorized and directed to execute the contract, in a form approved by the City Attorney. The Public Works Director is authorized to execute change orders within the approved budget.

10.7 January 25, 2022 CITY COUNCIL MINUTES 5945
Consent Agenda (continued)

15. Ratification of First Amendment to Agreement for Water Meter Box Lids with M&M Backflow & Meter Maintenance (WT)
Motion carried to ratify the First Amendment to Agreement for Water Meter Box Lids with M&M Backflow & Meter Maintenance in the amount of $254,323.30, and to authorize the Water Director to execute future contract amendments within the approved budget.

End Consent Agenda
General Business

16. Establishment of Sister City Relationship Between Biarritz, France and the City of Santa Cruz (PR)
Recreation Superintendent R. Kaufman and Douglas Hull, Chair of the Sister Cities Committee, spoke.

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

Mayor Brunner closed the public comment period.

MOTION: Councilmember Meyers moved, seconded by Councilmember Golder, to adopt Resolution No. NS-29,920 establishing Biarritz, France as a Sister City of the City of Santa Cruz.

ACTION: The motion carried unanimously with the following vote.

AYES: Councilmembers Kalantari-Johnson, Golder, Cummings, Brown, Meyers; Vice Mayor Watkins; Mayor Brunner.

NOES: None.

ABSENT: None.

DISQUALIFIED: None.

17. Downtown Recovery Programs Update and Resolution (ED) Director of Economic Development B. Lipscomb and Economic Development Manager R. Unitt gave a presentation and responded to Councilmember questions.

Mayor Brunner opened the public comment period. The following people spoke.

10.8 January 25, 2022 CITY COUNCIL MINUTES 5946
General Business (continued)

17. Downtown Recovery Programs Update and Resolution (ED) (continued) SPEAKING VIA TELECONFERENCE:

Unidentified person
Unidentified person
Mayor Brunner closed the public comment period.

MOTION: Vice Mayor Watkins moved, seconded by Councilmember Kalantari-Johnson, to:
 Accept a report on the status of Downtown Recovery program activities.  Adopt Resolution No. NS-29,921 authorizing the temporary extension of commercial use permit abandonment period in connection with the COVID19 pandemic.

ACTION: The motion carried unanimously with the following vote.

AYES: Councilmembers Kalantari-Johnson, Golder, Cummings, Brown, Meyers; Vice Mayor Watkins; Mayor Brunner.

NOES: None.

ABSENT: None.

DISQUALIFIED: None.

18. Re-Envision Santa Cruz - Interim Recovery Plan Update (CM) Assistant City Manager L. Schmidt gave a presentation and responded to Councilmember questions.

Director of Public Works M. Dettle responded to Councilmember questions.

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

SPEAKING VIA TELECONFERENCE:

Judi Grunstra
Mayor Brunner closed the public comment period.

MOTION: Councilmember Meyers moved, seconded by Councilmember Cummings, to accept the City’s most recent quarterly progress reports on ReEnvision Santa Cruz, a 12-18 month interim recovery plan.

10.9 January 25, 2022 CITY COUNCIL MINUTES 5947
General Business (continued)

18. Re-Envision Santa Cruz - Interim Recovery Plan Update (CM) (continued) ACTION: The motion carried unanimously with the following vote.

AYES: Councilmembers Kalantari-Johnson, Golder, Cummings, Brown, Meyers; Vice Mayor Watkins; Mayor Brunner.

NOES: None.

ABSENT: None.

DISQUALIFIED: None.

19. Ordinance Repealing Chapter 16.03 (Plumbing Fixture Retrofit Regulations) of the Santa Cruz Municipal Code (WT)
Water Director R. Menard introduced the item and responded to Councilmember questions.

Water Conservation Representative N. Christen gave a presentation and responded to Councilmember questions.

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

SPEAKING VIA TELECONFERENCE:

Unidentified person
Mayor Brunner closed the public comment period.

MOTION: Councilmember Meyers moved, seconded by Vice Mayor Watkins, to introduce for publication Ordinance No. 2022-01 to repeal Chapter 16.03 (Plumbing Fixture Retrofit Regulations) of the Santa Cruz Municipal Code.

ACTION: The motion carried unanimously with the following vote.

AYES: Councilmembers Kalantari-Johnson, Golder, Cummings, Brown, Meyers; Vice Mayor Watkins; Mayor Brunner.

NOES: None.

ABSENT: None.

DISQUALIFIED: None.

10.10 January 25, 2022 CITY COUNCIL MINUTES 5948
Advisory Body Appointments or Reappointments

20. Arts Commission (CC)
Councilmember Kalantari-Johnson nominated Elizabeth Birnbaum and Everett Ó Cillín.

Councilmember Golder nominated Robert Blitzer.

Voting for Elizabeth Birnbaum: Councilmembers Kalantari-Johnson, Golder, Cummings, Brown, Meyers; Vice Mayor Watkins; Mayor Brunner.

Voting for Robert Blitzer: Councilmember Golder.

Voting for Everett Ó Cillín: Councilmembers Kalantari-Johnson, Cummings, Brown, Meyers; Vice Mayor Watkins; Mayor Brunner.

Elizabeth Birnbaum was reappointed to the Arts Commission with a term ending January 31, 2026 and Everett Ó Cillín was appointed to the Arts Commission with a term ending January 31, 2023.

21. Board of Building and Fire Appeals (CC)
MOTION: Vice Mayor Watkins moved, seconded by Councilmember Brown, to defer the appointment to the Board of Building and Fire Appeals and direct the City Clerk Administrator to re-advertise for the vacancy.

ACTION: The motion carried unanimously with the following vote.

AYES: Councilmembers Kalantari-Johnson, Golder, Cummings, Brown, Meyers; Vice Mayor Watkins; Mayor Brunner.

NOES: None.

ABSENT: None.

DISQUALIFIED: None.

22. Commission for the Prevention of Violence Against Women (CC) Councilmember Kalantari-Johnson nominated Rachel Kippen.

By consensus, Rachel Kippen was appointed to the Commission for the Prevention of Violence Against Women with a term ending January 31, 2025.

10.11 January 25, 2022 CITY COUNCIL MINUTES 5949
Advisory Body Appointments or Reappointments (continued)

23. Downtown Commission (CC)
Councilmember Brown nominated Jennalee Dahlen.

Vice Mayor Watkins nominated Carolyn Book-Kelley.

Mayor Brunner nominated Rafa Sonnenfeld.

Councilmember Golder nominated Bubb Rader.

Voting for Carolyn Book-Kelley: Councilmembers Kalantari-Johnson, Meyers; Vice Mayor Watkins.

Voting for Jennalee Dahlen: Councilmembers Kalantari-Johnson, Golder, Cummings, Brown, Meyers; Vice Mayor Watkins; Mayor Brunner.

Voting for Bubb Rader: Councilmembers Golder, Cummings, Brown.

Voting for Rafa Sonnenfeld: Mayor Brunner.

Jennalee Dahlen was appointed to the Downtown Commission with a term ending January 31, 2026.

Due to a tie vote, a second vote was taken for Carolyn Book-Kelley and Bubb Rader.

Voting for Carolyn Book-Kelley: Councilmembers Kalantari-Johnson, Meyers; Vice Mayor Watkins; Mayor Brunner.

Voting for Bubb Rader: Councilmembers Golder, Cummings, Brown.

Carolyn Book-Kelley was appointed to the Downtown Commission with a term ending January 31, 2023.

24. Historic Preservation Commission (CC)
Councilmember Meyers nominated Don Lauritson and Joe Michalak.

By consensus, Don Lauritson and Joe Michalak were reappointed to the Historic Preservation Commission with terms ending January 31, 2026.

10.12 January 25, 2022 CITY COUNCIL MINUTES 5950
Advisory Body Appointments or Reappointments (continued)

25. Parks and Recreation Commission (CC)
Vice Mayor Watkins nominated Jane Mio and Dino Pollock.

Councilmember Golder nominated Bradley Angell and Jacob Pollock.

Voting for Bradley Angell: Councilmember Golder.

Voting for Jane Mio: Councilmembers Kalantari-Johnson, Cummings, Brown, Meyers; Vice Mayor Watkins; Mayor Brunner.

Voting for Dino Pollock: Councilmember Kalantari-Johnson; Mayor Brunner.

Voting for Jacob Pollock: Councilmembers Golder, Cummings, Brown, Meyers; Vice Mayor Watkins.

Jane Mio was reappointed and Jacob Pollock was appointed to the Parks and Recreation Commission with terms ending January 31, 2026.

26. Planning Commission (CC)
Mayor Brunner nominated Pete Kennedy and Charles Prograce.

Councilmember Kalantari-Johnson nominated Mark Mesiti-Miller.

Councilmember Cummings nominated Ron Pomerantz and Sarah Wikle.

Voting for Pete Kennedy: Councilmembers Kalantari-Johnson, Golder, Meyers; Vice Mayor Watkins; Mayor Brunner.

Voting for Mark Mesiti-Miller: Councilmembers Kalantari-Johnson, Golder, Meyers; Vice Mayor Watkins.

Voting for Ron Pomerantz: Councilmembers Cummings, Brown.

Voting for Charles Prograce: Mayor Brunner.

Voting for Sarah Wikle: Councilmembers Cummings, Brown.

Pete Kennedy and Mark Mesiti-Miller were appointed to the Planning Commission with terms ending January 31, 2026.

10.13 January 25, 2022 CITY COUNCIL MINUTES 5951
Advisory Body Appointments or Reappointments (continued)

27. Sister Cities Committee (CC)
MOTION: Vice Mayor Watkins moved, seconded by Councilmember Meyers, to defer one appointment of the Sister Cities Committee openings and direct the City Clerk Administrator to re-advertise for the vacancy.

ACTION: The motion carried unanimously with the following vote.

AYES: Councilmembers Kalantari-Johnson, Golder, Cummings, Brown, Meyers; Vice Mayor Watkins; Mayor Brunner.

NOES: None.

ABSENT: None.

DISQUALIFIED: None.

Councilmember Kalantari-Johnson nominated Andrei Kiktev and Thomas Stelling.

By consensus Andrei Kiktev and Thomas Stelling were reappointed to the Sister Cities Committee with terms ending January 31, 2026.

28. Water Commission (CC)
Councilmember Golder nominated Diana Alfaro and Garrett Roffe.

Councilmember Cummings nominated James Mekis.

Voting for Diana Alfaro: Councilmembers Kalantari-Johnson, Golder, Cummings, Brown, Meyers; Vice Mayor Watkins; Mayor Brunner.

Voting for James Mekis: Councilmembers Cummings, Brown; Mayor Brunner.

Voting for Garrett Roffe: Councilmembers Kalantari-Johnson, Golder, Meyers; Vice Mayor Watkins.

Diana Alfaro and Garrett Roffe were appointed to the Water Commission with terms ending January 31, 2026.

10.14 January 25, 2022 CITY COUNCIL MINUTES 5952
Advisory Body Appointments or Reappointments (continued) Mayor Brunner opened the public comment period. The following person spoke.

SPEAKING VIA TELECONFERENCE:

Unidentified person
Mayor Brunner closed the public comment period.

Recess - The City Council recessed at 4:54 p.m. to the 6:00 p.m. session.

10.15 January 25, 2022 CITY COUNCIL MINUTES 5953
City Council
6:00 PM
Call to Order – Mayor Brunner called the meeting to order at 6:00 p.m. via Zoom.

Roll Call

Present: Councilmembers Kalantari-Johnson (via Zoom), Golder (via Zoom), Cummings (via Zoom), Brown (via Zoom), Meyers (via Zoom); Vice Mayor Watkins (via Zoom); Mayor Brunner (via Zoom).

Absent: None.

Staff: City Manager M. Huffaker (via Zoom), Deputy City Attorney C. Bronson (via Zoom), Deputy City Manager and Director of Planning and Community Development and Homelessness Response L. Butler (via Zoom), Interim Fire Chief R. Oatey (via Zoom), Senior Planner R. Bane (via Zoom), Assistant Director of Public Works/City Engineer N. Nguyen (via Zoom), Deputy City Clerk Administrator J. Wood, City Clerk Administrator B. Bush (via Zoom).

Oral Communications
At 6:03 p.m. Mayor Brunner opened Oral Communications for members of the public who wished to speak regarding items not listed on the City Council agenda.

Unidentified person spoke regarding COVID-19 mandates, begging everyone to watch all five hours of yesterday’s Senate hearing.

At 6:06 p.m. Mayor Brunner closed Oral Communications.

10.16 January 25, 2022 CITY COUNCIL MINUTES 5954
Public Hearing

29. 130 Center Street: CP21-0011 (APN 007-023-26) – Appeal of the Planning Commission’s Approval of a Nonresidential Demolition Authorization Permit to Demolish an Existing Commercial Building; a Density Bonus Request to Exceed Height and Reduce Setbacks; and a Special Use Permit, Coastal Permit, and Design Permit to Construct a Six-story, Mixed-use Building with 233 Single Room Occupancy (SRO) Units and 2,356 sq. ft. of Ground Floor Commercial Space on a Parcel Located in the RTC/CZ-O/FP-O (Tourist Residential Beach Commercial/Coastal Zone Overlay/Floodplain Overlay) Zoning Districts and Beach and South of Laurel Area Plan. (Owner: Green Valley Corporation) (PL) Senior Planner R. Bane gave a presentation and responded to Councilmember questions.

Appellant Gillian Greensite with Santa Cruz Tomorrow spoke.

Opponent Jessie Bristow, Development Project Manager with Swenson Builders spoke.

Mayor Brunner opened the public comment period. The following people spoke.

SPEAKING VIA TELECONFERENCE:

Michael Wool
Ray Diaz
Zennon Ulyate-Crow
Unidentified person
Ron Pomerantz
Rafa Sonnenfeld
Bodie Shargel
Dimitrius Rodriguez
Emily
Joseph Thompson
Robert Corning
Chris Bordner
Unidentified person
Pablo Velasquez
Ashley Gauer
Jose Gomez
Andrew Barber
Unidentified person
Unidentified person
Unidentified person

10.17 January 25, 2022 CITY COUNCIL MINUTES 5955
Public Hearing (continued)

29. 130 Center Street: CP21-0011 (APN 007-023-26) (PL) (continued) SPEAKING VIA TELECONFERENCE (continued):

Unidentified person
Mayor Brunner closed the public comment period.

Appellant Gillian Greensite with Santa Cruz Tomorrow provided a rebuttal.

Assistant Director of Public Works/City Engineer N. Nguyen responded to Councilmember questions.

Development Project Manager, Jessie Bristow with Swenson Builders, responded to Councilmember questions.

MOTION: Councilmember Brown moved, seconded by Councilmember Kalantari-Johnson, to adopt Resolution No. NS-29,922 to deny the appeal and uphold the Planning Commission’s acknowledgment of the environmental determination and approval of the Nonresidential Demolition Authorization Permit, Density Bonus Request, Special Use Permit, Coastal Permit, and Design Permit based on the findings listed in the draft resolution and the Conditions of Approval attached as Exhibit “A,” with the following additional condition:
 Four additional affordable units, for a total of 35, as previously offered by the developers.

Deputy City Manager and Director of Planning and Community Development, and Homelessness Response L. Butler responded to Councilmember questions.

After further discussion, the motion was amended and restated:

MOTION: Councilmember Brown moved, seconded by Councilmember Kalantari-Johnson, to adopt Resolution No. NS-29,922 to deny the appeal and uphold the Planning Commission’s acknowledgment of the environmental determination and approval of the Nonresidential Demolition Authorization Permit, Density Bonus Request, Special Use Permit, Coastal Permit, and Design Permit based on the findings listed in the draft resolution and the Conditions of Approval attached as Exhibit “A,” and in consideration of the developer’s agreement to add four additional very low income affordable micro-units to the project.

10.18 January 25, 2022 CITY COUNCIL MINUTES 5956
Public Hearing (continued)

29. 130 Center Street: CP21-0011 (APN 007-023-26) (PL) (continued) ACTION: The motion carried unanimously with the following vote.

AYES: Councilmembers Kalantari-Johnson, Golder, Cummings, Brown, Meyers; Vice Mayor Watkins; Mayor Brunner.

NOES: None.

ABSENT: None.

DISQUALIFIED: None.

Adjournment - The City Council adjourned at 8:33 p.m.

Respectfully Submitted:

Julia Wood, Deputy City Clerk Administrator
Attest:

Bonnie Bush, City Clerk Administrator
Approved:

Sonja Brunner, Mayor

10.19 City Council

AGENDA REPORT
DATE: 01/27/2022
AGENDA OF: 02/08/2022
DEPARTMENT: City Council
SUBJECT: Establishment of a Council Ad Hoc Budget and Revenue Committee (CN) RECOMMENDATION: Motion to:
1) Sunset the Council Ad Hoc Revenue Committee established on January 12, 2021; 2) Establish a Council Ad Hoc Budget and Revenue Committee (Committee) to explore longterm budgetary financial plans and capital project planning, and recommend new revenueenhancement opportunities; and 3) Appoint the Mayor, Vice Mayor, and Councilmember Brown to the Committee as recommended by the Mayor.

BACKGROUND: The Council Ad Hoc Revenue Committee, established on January 12, 2021, generated a recommendation in June 2021 for a November 2021 sales tax ballot measure that ultimately was not adopted by the full City Council. The Ad Hoc Revenue Committee then returned to its work in exploring potential revenue sources. As part of the annual review of Councilmember appointments to City groups and outside agencies, Mayor Brunner expressed interest in expanding the scope of the Ad Hoc Revenue Committee to include items related to the City’s budget.

DISCUSSION: The City’s Finance Department continues to project a long-term structural deficit based upon the current budget, associated expected growth, and future service programming and needs of the community. The establishment of a Council Ad Hoc Budget and Revenue Committee (Committee) would allow staff to work with the Committee in developing potential revenue options and exploring long-term budgetary and capital plans to align future financial direction and budgets with Council policies. In addition, the Committee will likely:
• Identify which, if any, revenue ballot measure(s) to recommend to Council; • Review other possible revenue enhancements and potentially compile recommendations for Council;
• With the assistance of staff, review the preliminary budget framework and priorities as recommended by the City Manager;
• Suggest areas where the Council may wish to establish specific budget strategies pertaining to either revenues or expenditures in alignment with Council strategic direction; • Review financial plans and the Capital Investment Program (CIP) budget as prepared by staff.

11.1 The Finance Department shall serve as the primary staff to the Committee (Finance Director, Budget and Revenue Managers). The City Manager’s Office and other departments as needed will provide additional staff support. Together, they will be responsible for compiling information, providing research, and recommending any additional support resources.

The Mayor recommends appointing the Vice Mayor, Councilmember Brown and herself to the Committee, with the Committee to sunset in December 2022.

FISCAL IMPACT: None.

Prepared By:

Bobby Magee
Interim Finance Director
Submitted By:

Sonja Brunner
Mayor
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

None.

11.2 City Council

AGENDA REPORT
DATE: 01/27/2022
AGENDA OF: 02/08/2022
DEPARTMENT: Economic Development
SUBJECT: Santa Cruz Cannabis Local Equity Program Manual (ED) RECOMMENDATION: Motion to approve the City of Santa Cruz Cannabis Local Equity Program Manual.

BACKGROUND: The passage of Prop. 64 to decriminalize cannabis in 2017 ushered in a wave of commercialization of cannabis, but many people are still challenged in entering the legal market due to past violations under cannabis prohibition as well as newly created impacts from the regulation of legal cannabis such as a lack of access to capital, business space, technical support, and regulatory compliance assistance. To address these impacts, the State of California created a grant program through SB 1294, the California Cannabis Equity Act of 2018 (Equity Act), which appropriated ten million dollars ($10,000,000) to be disbursed to eligible local jurisdictions. The Equity Act allows for direct assistance to local jurisdictions’ commercial cannabis equity programs that provide assistance to local equity applicants or local equity licensees through a minimum grant of one hundred thousand dollars ($100,000).

The Economic Development Department (ED) submitted a grant application to the Governor’s Office of Business and Economic Development (GO-Biz) in March 2020 and was notified in May 2020 that the City was awarded $147,666.75 to conduct a cannabis equity assessment and develop a local equity program. The COVID-19 pandemic delayed work on the grant while ED was responding to the emergency needs of businesses, but GO-Biz granted a 6 month extension to our grant term to allow work to extend through February 28, 2022. ED sought proposals in January 2021 for a consultant to conduct a Cannabis Equity Assessment (CEA) and develop a Local Equity Program (LEP). ED selected Humboldt State University’s California Center for Rural Policy (CCRP), a research and evaluation center that is partnered with the Humboldt Institute for Interdisciplinary Marijuana Research; the first academic research institute devoted to cannabis research and analytics in the nation.

CCRP completed the CEA in September 2021, which provided valuable insights into the history and baseline state of the cannabis industry in Santa Cruz. The assessment was approved by City Council on October 12, 2021, and CCRP began developing the LEP in the form of a programmatic manual in November 2021
DISCUSSION: The Cannabis Local Equity Program Manual was informed by findings and recommendations from the CEA, which included desk review of primary and secondary data collection, data analyses, outreach to stakeholders, and interviews with City staff (including

12.1 current and former elected officials, local government departments and law enforcement), and local stakeholders (including cannabis business representatives and non-profit representatives).

The LEP Manual is a policy-informing document that will guide the City’s implementation of a local equity program to support those facing barriers to entry in the legal cannabis industry and to ensure thorough implementation of record expungements for cannabis and non-cannabis related crimes. The LEP Manual focuses on inclusion and support of individuals and communities in the City’s cannabis industry who are linked to populations or regions of the city that were negatively or disproportionately impacted by cannabis criminalization, and the war on drugs and poverty. It allows the city to focus on assisting smaller scale cannabis entrepreneurs and medical use providers to overcome barriers to entry and build support for long-term economic vitality. The key components included in the manual are: an overview of programming by other jurisdictions, eligibility criteria, program accessibility measures, outreach and promotion, a suite of services (financial, administrative/technical, trust-building, business acumen and skills development, cultivation/manufacturing, and retail), program administration, provision of services, and program monitoring and evaluation.

The LEP Manual takes into account the existing efforts of the City of Santa Cruz to make the cannabis industry more equitable in the retail licensing process and expands those values into all areas of the cannabis industry. While the City has not previously enacted an official equity program, the City took an equity-focused approach to cannabis retailer licenses in 2017 by creating a cannabis business licensing ordinance. The licensing approach, listed in the Santa Cruz Municipal Code Section 6.91.090, factored in criteria that distinguished which applicants best met the community’s needs and values. The LEP Manual builds upon these existing efforts and is aligned with the City’s Health in All Policies (HiaP) approach to policy making and implementation to improve the well-being of all people by incorporating health, sustainability and equity considerations into decision-making across sectors and policy areas.

The LEP Manual also provides an outline of additional opportunities to support expungement efforts in alignment with the requirements of Prop 64 and California’s Assembly Bill 1793, also known as the “Bonta Bill”. The Bonta Bill required that prosecutors in the State Department of Justice (DOJ) review criminal records from 1975 to the present and seal any cases that would not be considered offenses under today’s laws. To date, the City of Santa Cruz and Santa Cruz County rank very high in terms of expungements completed as compared to other jurisdictions.

The LEP Manual will guide City staff further to work with the County’s Clean Slate Program and ensure that the expungement data is streamlined between the City Court and the DOJ.

Following adoption of the LEP Manual City staff will begin the implementation process and will identify funding needs to support the operation of the program. Staff will also monitor the announcement of additional grant opportunities from GO-Biz to further fund the implementation of the Local Equity Program. The grant application is expected to open in fall 2022 and the City’s eligibility for that funding will benefit by initial funding from the City to support the launch of the program.

FISCAL IMPACT: The costs associated with the development of the LEP Manual are fully funded by the grant from the Governor’s Office of Business and Economic Development (GOBiz). There is no cost to the General Fund for this work.

12.2 During the implementation phase in FY 2023, staff anticipates that additional resources will be needed to administer the program and services outlined in the LEP manual. To significantly subsidize the costs associated with the implementation of the LEP, ED also plans to apply for GO-Biz Phase 2 funding in fall 2022.

Prepared By:

Alison Cameron
Economic Development
Coordinator
Rebecca Unitt
Economic Development
Manager
Submitted By:

Bonnie Lipscomb
Director of Economic
Development
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. CITY OF SANTA CRUZ LOCAL EQUITY PROGRAM MANUAL DRAFT.PDF

12.3 City of Santa Cruz
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Section 1. Purpose
In 2021 the City of Santa Cruz contracted with Humboldt State University’s California Center for Rural Policy (CCRP) to perform a comprehensive analysis of the impact of cannabis criminalization and poverty on the City of Santa Cruz. This analysis, known as the City of Santa Cruz Cannabis Equity Assessment (CEA) (2021) established that certain persons in the city have been substantially and adversely affected by poverty and the criminalization of cannabis.

Many rural and urban communities in California have a history of entrenched local poverty and economic hardship. These communities were impacted significantly by the criminalization of cannabis. Targeted, data-driven, and well-funded equity programs can help communities and populations, especially ancillary cannabis businesses, into a legal and sustainable economic future.

The purpose of this manual is to describe the qualifications for and services to be provided by the City of Santa Cruz Cannabis Local Equity Program (LEP). The LEP is informed by findings in the CEA, which itself is a living document and subject to change. This manual for the LEP is therefore subject to updates and revisions in accordance with the CEA as approved by the Santa Cruz City Council.

Additionally, this manual provides programmatic examples of services offered by peer jurisdiction’s equity programs. The jurisdictions are outlined in the following order in Appendix A (pg. 13):

1. The City of Oakland

2. The City of Los Angeles

3. The City and County of San Francisco

4. Humboldt County

5. Mendocino County

6. The City of Sacramento

7. The City of Long Beach
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Section 2. Program Eligibility
The Governor’s Office of Business and Economic Development’s (GO-Biz) Cannabis Equity Grant (CEG) outlines that local jurisdictions will be aiding equity applicants and licensees to build a business in the regulated market. Accordingly, individuals are the only entity eligible to apply to the Local Equity Program. All eligible applicants are required to have resided in the City of Santa Cruz for at least three years between 1970 and 2016.

Program Eligibility
Eligibility Criteria
Those who meet one or more of the below eligibility criteria shall become eligible for 1 consideration for funding and services provided therefrom:

Conviction &
Arrest history
Any individual seeking support or services to participate in the legal cannabis industry in the City of Santa Cruz who was arrested and/or convicted of the sale, possession, use, manufacture, or cultivation of cannabis (including as a juvenile) or been subject to asset forfeiture due to cannabis arrest or conviction between 1985 and 2016.

Family
conviction
Any individual seeking support or services to participate in the legal cannabis industry in the City of Santa Cruz, with a parent, sibling, child, or a guardian/member of immediate household who was arrested for or convicted of the sale, possession, use, manufacture, or cultivation of cannabis (including as a juvenile).

Low income
status
Any individual seeking support or services to participate in the legal cannabis industry in the City of Santa Cruz whose household income is at or below the low income level based on the Department of Housing 1 It is up to the discretion of the city to use a minimum threshold combination such as “applicant must meet 3 of 8 criteria” to be deemed eligible.
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& Urban Development (HUD) income limits (ILs) for Santa Cruz County .
2 Veteran status
Any individual seeking support or services to participate in the legal cannabis industry in the City of Santa Cruz who can demonstrate veteran status.

Size of
operation
Any individual seeking support or services to participate in the legal cannabis industry in the City of Santa Cruz that has “small scale” cultivation by Santa Cruz’s standards based on analysis of current application data. This qualification will be considered only if at least one other eligibility criteria is met.

Residency in
area of high
arrest
Any individual seeking support or services to participate in the legal cannabis industry in the City of Santa Cruz that has lived for at least a year in neighborhoods such as Beach Flats or Lower Ocean Avenue, as these areas have been identified in the Assessment as heavily impacted by the Drug War, inclusive of cannabis. Or any other area up to the City’s discretion.

Medical
consideration
Any individual or business seeking support or services to participate in the legal cannabis industry in the City of Santa Cruz that facilitates medical product innovation, patient access, data-gathering for patients, and community service. This qualification will be considered only if at least one other eligibility criteria is met.

If an individual is determined to be eligible by the criteria above, they will become an equity applicant. Equity applicants are individuals who have been impacted by cannabis criminalization, desire to take part in the program, and mee In order to determine and categorize which individual applicants are most in need of support, a score will be determined for each equity applicant based on the number of eligibility criteria the applicant meets. Each qualification will have an assigned value that will be determined by how direct and how severe the impact was. This score will impact 2 Income Limits for County’s in the State of California (2021) can be accessed through the following link:
https://www.hcd.ca.gov/grants-funding/income-limits/state-and-federal-income-limits.shtml 3 12.6
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prioritization of services for equity applicants. The goal of the applicant scoring system is to ensure that those most impacted by cannabis criminalization and poverty have priority access to local equity program funding. The City of Santa Cruz will take into consideration the following applicant types when determining available services:
● Applicants that have already received their license
● Applicants that are facing barriers to entry in receiving their license ● Applicants that are not yet in the permitting process but are planning to start Section 3. Program Access
To ensure that applicants who are eligible for the City of Santa Cruz Local Equity Program have adequate opportunity to benefit from the program, options to foster ongoing support may include:

Program Access
Prioritization Consider a prioritized permit process for equity applicants.

Ratios
Consider mandating newly allowed licenses (retail, consumption lounges, and event licenses) to be distributed only to equity-eligible applicants or, at a minimum, to preserve a certain percent of such licenses for equity-eligible applicants.

Incubation
Program
Consider a robust incubation program for equity applicants to learn from more experienced cannabis businesses.

Tax and Fee
Reductions
Consider reducing fees and/or taxes for equity applicants and small businesses.

Untaxed
Compassionate
Products
Consider not taxing products that are donated to Compassionate Access Programs.

Cooperative
and/or
Continue facilitating cooperative or co-location arrangements given the scarcity of compliant real estate in the City of Santa Cruz. 4 12.7
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Co-Located
Businesses
Other Other strategies up to the discretion of the City of Santa Cruz to incentivize.

The City of Santa Cruz will notify the community about the Local Equity Program through the following avenues:
● Information on the City of Santa Cruz’s Economic Development websites3 ● News releases and other media outreach
● Social media campaigns
● Local industry groups
● Outreach and education efforts in areas that were focused on by law enforcement related to cannabis criminalization. An example of this could be a listening session. ● Through community partners selected by the City
The City of Santa Cruz may determine other avenues to ensure that the community is aware of the Local Equity Program and is able to access information about applying for funds. All outreach materials will be clear, concise, and accessible to those with low literacy. The City would like to encourage existing cannabis businesses/operations to create space for new licenses.

The City of Santa Cruz will address feedback from communities and populations eligible for the Local Equity Program in the following ways:
● Written e-comment.
● Opportunities to speak with the planning division.
● Listening sessions.
● Surveys.
● Other opportunities up to the discretion of the City of Santa Cruz. 3https://www.cityofsantacruz.com/government/city-departments/planning-and-community-development/plann ing-division, https://www.cityofsantacruz.com/government/city-departments/economic-development and https://www.choosesantacruz.com
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Section 4. Services
Services to be provided by the City of Santa Cruz Cannabis Local Equity Program may include one or more of the services listed in the below tables. The availability and scope of services will depend on need and the availability of funds from grants or other sources.

The City of Santa Cruz intends to provide a majority of services via direct funding assistance to equity applicants and licensees to assist them in entering and succeeding in the legal cannabis industry. Wherever possible, the City of Santa Cruz will align services with funding requirements and recommendations from the State of California.

To address and mitigate financial barriers of entering the legal market, the following services will be offered:

Services

1. Financial

1. Direct payment of fees on the applicant’s behalf for Application Assistance Meetings of up to four hours with the City of Santa Cruz.

2. Deferral of application fees for a commercial cannabis application for a period not to exceed three (3) years.

3. Assistance with fees for trainings and certifications required by law.

4. Direct payment on the applicant’s behalf to agencies and/or professionals who offer cannabis business support including but not limited to business planning, loan application preparation, site location services, human resource management, legal assistance, capital procurement services, bookkeeping and accounting practices and systems, for city-based cannabis businesses.

5. Loans or grants to incentivize businesses that mitigate adverse environmental effects of cannabis businesses.
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6. Direct grants to applicants, not to exceed $10,000.00 per grant, for purposes of assuring compliance with regulatory requirements of the City, County or California permits or licenses including funds to cover fire suppression and compliance and accessibility requirements.

The following services are anticipated to address and mitigate administrative or technical barriers of entry into the legal cannabis market:

Services

2. Administrative/Technical

1. Direct payment on the applicant's behalf, fees to agencies and/or professionals who provide technical assistance for the formation of an incorporated cooperative comprised of members that are cannabis equity program applicants or licensees.

2. Provide technical assistance to those with past cannabis convictions to get their records expunged.

The last collection of services will be focused on assisting equity applicants with developing adequate business acumen for thriving in the legal cannabis market:

Services

3. Business Acumen

1. Direct payment on the applicant’s behalf for fees related to employment skill training for equity participants and their employees in licensed cannabis operations in the City of Santa Cruz.

2. Direct payment on the applicant’s behalf for fees related to training/support for business owners to understand workforce rules and regulations (view section below).
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3. Direct payment on the applicant’s behalf for fees associated with increasing the business acumen needed to act as an incubator for new cannabis-related businesses.

Section 5. Additional Services for Cannabis Businesses
If it is determined that there is funding available and an existing need from equity applicants and equity licensees, the City of Santa Cruz may explore the following additional services for inclusion in the Local Equity Program.

Recommendations are divided into the following categories listed in priority order:

Manufacturing/Productions, Agriculture/Cultivation, and Retail. The City will explore ways to partner with local colleges, such as Cabrillo College and its Small Business Development Center (SBDC), to connect equity applicants and licensees with training and education opportunities.

Additional Services

1. Manufacturing/Production

1. Access to business planning (business startup strategy: how to build and manage a detailed startup business plan that can scale up and include facilities, marketing, tax and regulation, payroll, human resources hiring and supervision, and teamwork).

2. Access to incubator programs such as manufacturing hubs that can hire, cross train and job share positions between small entrepreneurs. Incubation hubs will provide (1) mentorship in business skills; (2) technical assistance; (3) a reporting system to monitor and ensure neither equity licensee nor business mistreat the other; and (4) a system that allows equity licensees and businesses to anonymously provide suggestions and complaints about the existing program.
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3. Training to learn how to use METRC, the state’s track and trace system used to track commercial cannabis activity and movement across the distribution chain.

Additional Services

2. Agriculture/Cultivation

1. Support for reasonable regulations and zoning that promote and incentivize employers to build good business and workforce development practices.

2. Access to standard human resource methods: hiring and orientation, hiring and supervision processes, setting job benchmarks and performance standards, evaluating performance for promotion or wage scale increases.

3. Access to business and HR tools: developing HR manuals and procedures, how to frame up a request for a consultant scope, interview and select the right consultant or consultant firm, how to manage a consultant scope.

4. Access to agricultural extension services to help with the science of plant biology from a medicinal and commercial standpoint, and help feed local graduates in biology and environmental sciences into the industry-much like the timber industry has done.

5. Training on Occupational Safety and Health Administration (OSHA) regulations and standards.

Additional Services

3. Retail

1. Access to comprehensive business and marketing strategies that connect cannabis retail to tourism, related workforce development (hiring, training, presentation, customer service, job readiness, and supervisory skills). 9 12.12
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2. Access, training, or mentorship in general business supervisory, customer service, workplace norms, and software skills.

3. Evaluate the specific need and content for a program that certifies front line positions (bud tending, security, track and trace, manufacturing, and packaging personnel).

Please note that some of the services listed in this section are sourced from the June 2018 Workforce Report: Humboldt County’s New Cannabis Landscape authored by Deborah Claesgens & Michael Kraft on behalf of the Humboldt County Workforce Development Board.

Section 6. Program Administration
The City of Santa Cruz intends to seek available funding from the State of California for the Local Equity Program as is outlined in Senate Bill 1294 (Bradford), referred to as the California Cannabis Equity Act. SB 1294 created a fund for local jurisdictions with cannabis equity programs to apply for funding to assist local equity applicants and local equity licensees gain entry to and successfully operate in the state’s regulated cannabis marketplace.

If funding is received from the State, the Santa Cruz City Council will explore local funding that can supplement these efforts. The use of local funding for the Local Equity Program will remain at the discretion of the city.

Program Administration

1. No more than ten percent (10%) of any funding from the California Governor’s Office of Business and Economic Development (GO-Biz) Local Equity Program Grant Funds may be utilized for program administration.

2. Principal administration and coordination of services shall be performed by the City of Santa Cruz Economic Development Department or other designated entity determined by the City Council.
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3. The City of Santa Cruz Economic Development Department or other designated entity determined by the City Council shall receive and process all applications to determine eligibility of equity program participants.

4. The City of Santa Cruz Economic Development Department or other designated entity determined by the City Council shall monitor and report on all program services provided through the LEP, at least annually and more frequently as directed by the City Council, state law, or regulation.

Local jurisdictions that have been previously awarded a Cannabis Equity Grant from GO-Biz are eligible to apply for a subsequent grant only if:
● The jurisdiction has expended at least 50 percent (50%) of any grant funds awarded more than 12 months ago and;
● Expended at least 80 percent (80%) of any grant funds awarded more than 18 months ago.

Section 7. Provision of Services
Staff in the Santa Cruz Economic Development Department serve as the liaison between equity licensees who receive grant funding and the selected agency that provides an eligible service.

Provision of Services
Involved agencies may include but are not limited to:

1. Small business development organizations

2. Planning and Building & Safety Divisions

3. Department of Health & Human Services

4. Workforce development agencies

5. Banking and financial institutions

6. Commercial real estate brokerages and associations
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7. Police department

8. Fire department

9. Legal services

10. Childcare providers
Section 8. Program Monitoring and Evaluation
To understand the impacts of the adult-use cannabis industry, the City of Santa Cruz will seek to track data on general and equity applicants. The purpose of collecting data on an ongoing basis is to measure the success of the local equity program.

Completion of an annual demographic questionnaire will be voluntary and will be aligned with the demographic questionnaire developed by the State of California. Applicants and licensees will be encouraged to participate so that the City of Santa Cruz can assure that equity funding is being awarded to populations of highest need and that the uses for the funding is most aligned with the needs of the equity applicants. Recommended metrics are as follows and conform to the city’s discretion:

Program Monitoring and Evaluation
Recommended Metrics
Number of equity applicants to
apply

1. Types of drug-related offenses

2. Income status

3. Race/Ethnicity

4. Gender/Sexual Identity

5. Residency Status

6. Ownership Structure
Workforce characteristics 1. Total number of employees per business

2. Number of local employees per business
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3. Employment status (full-time, part-time,
etc.)
Equity program-specific data 1. Number of applicants eligible for equity program

2. Number and types of services provided to
equity applicants

3. Number of equity program applicants to
receive licenses.

4. Number of equity program applicants
starting ancillary businesses

5. Feedback from participants to understand the
impact of receiving funds on their
socioeconomic status or ability to stay in
Santa Cruz and on their ability to succeed in
the cannabis business
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Appendix A. Review of Peer Jurisdiction’s Local Equity Programs The following appendix presents a snapshot of services and programs offered by peer jurisdictions in the State of California. The information in this appendix is updated as of November 2021.

Section 1. City of Oakland
City of Oakland Grant Program (Elevate Impact)4
To receive grant funds, equity applicants must complete a grant application and undergo a business verification process. Grant amounts are disbursed in tiers that are designed for equity applicants to build sustainable businesses. If an equity applicant meets the requirements of all five grant tiers, they will be eligible to receive a maximum grant amount of $90,000, as summarized below:

Appendix A. Section 1: City of Oakland Grant Program
Tier Purpose Tier Amount Combined Amount
Tier 1 Establish the
Business
$5,000 $5,000
Tier 2 Become Compliant $10,000 $15,000
Tier 3 Open the Business $15,000 $30,000
Tier 45 Start Operations $20,000 $50,000
Tier 5 Expand the Business $40,000 $90,000
City of Oakland GRASS (Gaining Resources to Achieve Sustainable Success) Program 5 Tiers 4 and 5 are only available to businesses that are 100% owned by equity qualified individuals or businesses that match the City’s grant amount with an equal-sized loan, investment or grant from a third-party.

Applicants must have already received grants totaling the $50,000 before applying for Tier 5. 4 https://www.elevateimpactoakland.com/grant-program-overview/ 14 12.17
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To help Oakland’s Equity Grant recipients build long-term sustainable and successful businesses, Oakland offers a business coaching program modeled after programs implemented by other capital providers such as micro-lenders and equity investors who seek to ensure growth and that success is achieved by the entrepreneurs they funded.

City of Oakland Technical Assistance Program
Make Green Go is the City’s consultant assigned to provide technical assistance with establishing a compliant cannabis business. Technical assistance consists of workshops, consultations, and online training for Equity Applicants in all phases.

WORKSHOPS:
● Compliance Workshops
● Subject Matter Experts
CONSULTATIONS:
● Business Coaching
● Document Review
● Business Plan Review
● Compliance Related Topics
COURSES:
● Entrepreneurship Training
● Business Plan Development
● State of California Licensing Information
RESOURCES:
● Sample Plans & Templates
● Start-Up Advice
● Industry Research
● Legal Resources
● Sales & Marketing
● Funding Sources
City of Oakland Shared Use Manufacturing Facilities
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The City of Oakland advances opportunities for equity manufacturers by sponsoring two separate shared-use manufacturing facilities for a one-year period through grant funds received from the Bureau of Cannabis Control (BCC). These facilities will provide equity applicants with both compliant locations to manufacture products and support in distributing products to retailers.

City of Oakland Legal Assistance Program
The City of Oakland provides equity operators and applicants with limited, no-cost legal services to advise equity businesses on matters including but not limited to licensing, regular compliance, business formation, raising capital, contracts, commercial leasing, and dispute resolution.

Section 2. City of Los Angeles
City of Los Angeles SEED Program (Partnership between City of LA Department of 6 Cannabis Regulation and Elevate Impact LA)
In April of 2021, the City of Los Angeles established the Social Equity Entrepreneur Development Grant Program (SEED). This program utilizes funding from the Cannabis Equity Grant for Local Jurisdictions (CEG) to provide financial assistance to verified Social Equity Individual Applicants.

Through SEED 2.0, verified Social Equity Individual Applicants may apply to receive a financial grant of $10,000 available in two disbursements upon meeting the following licensing milestones:
i. $5,000 when DCR (Los Angeles Department of Cannabis Regulations) deems the Pre-Application eligible for further processing; and ii. $5,000 when the Applicant is eligible for a Notice of Local Compliance Underway.

City of Los Angeles Department of Cannabis Regulation; Application Processing 6 https://cannabis.lacity.org/social-equity-program/program-benefit-and-resources/seed-grant-program 16 12.19
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Los Angeles Department of Cannabis Regulation provides Social Equity Applicants the following when certain criteria requirements are met: 7 ● Priority access to retail and delivery Licenses
● Priority License Application Processing
● Priority License Renewal Processing
City of Los Angeles Department of Cannabis Regulation; Business, Licensing, and Compliance Assistance
The Department of Cannabis Regulation selected five vendors to provide targeted programming to Social Equity entrepreneurs interested in launching a commercial cannabis business in Los Angeles. This online programming will cover: State and Local licensing Requirement, Commercial Cannabis Regulations, Cannabis Specific Business Development and Workforce Development, General Business Development, Cannabis Technology Business Development Services Education. (Online webinars/programming) City of Los Angeles Department of Cannabis Regulation; Fee Deferral Program The Department of Cannabis Regulation is currently working to establish requirements to participate in the Program. Participation in the Fee Deferral Program may be subject to the availability of resources.

City of Los Angeles Department of Cannabis Regulation; Pro Bono Legal Services The goal of this referral resource is to promote fair and equitable participation in the licensed commercial cannabis industry, and to foster a level playing field as it relates to access to legal counsel and help deter predatory practices targeting the social equity community.

Section 3. City and County of San Francisco
San Francisco Equity Program8
8 https://officeofcannabis.sfgov.org/equity
7 Requirements can be found here: https://cannabis.lacity.org/application-processing 17 12.20
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Equity Applicants do not have to pay the $5,000 permit fee. They can also benefit from an 9 incubator partnership that provides rent free space for 3 years or technical assistance to 10 run their business.

Section 4. Humboldt County
Humboldt County Project Trellis
The Project Trellis Local Equity Program provides direct grants to equity applicants for the following services
i. Application assistance meetings.
ii. Deposits and permitting fees.
iii. Sealing and annual registration of scales used in cannabis licensed businesses, or fees associated with Pesticide Applicator requirements. iv. Amounts up to $10,000 towards equity applicant or licensee’s annual fees v. Direct payments on the applicant’s behalf of fees to agencies and/or professionals offering technical assistance for the formation of an incorporated cooperative. Cost of project may not exceed $10,000 or funds remaining. vi. Direct grants, not to applicants, not to exceed $10,000 per grant, for purposes of assuring compliance with regulatory requirements of the Jurisdiction or California permits or licenses, mitigating adverse environmental effects or ensuring financial solvency. Funds can be used for, but is not limited to, the following:
a. Water storage for irrigation during forbearance periods of surface water diversion required by state or local regulations.
b. Remediation and relocation of cannabis facilities located within streamside setbacks required by state or local regulation.
c. Installation of solar electrical systems to replace diesel or gasoline generator power for off-grid cannabis facilities where connecting to the grid is economically infeasible.
10 See the following link for San Francisco's incubation requirements:
https://officeofcannabis.sfgov.org/node/2697
9 Eligibility criteria for San Francisco's Equity Program can be found here:
https://officeofcannabis.sfgov.org/equity/applicant
18 12.21
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d. Rent for facilities where the above activity is occurring with documented consent of facility owner(s) of the cannabis cultivation and related activities. vii. Direct payment on the applicant's behalf of fees to agencies and/or professionals who offer cannabis small business development assistance, including but not limited to business planning, loan application preparation, site location services, human resource management, capital procurement services, bookkeeping and accounting practices and systems, for Humboldt County-based cannabis businesses. Cost of project may not exceed $10,000 or funds remaining. viii. Direct payment on the applicant's behalf of fees for employment skill training for eligible equity participants and employees of their licensed cannabis operations in their jurisdiction.

Section 5. Mendocino County
Mendocino County LEEP: Local Equity Entrepreneur Program (Elevate Impact) 11 Equity applicants are allowed to apply for the following grants:

1. Direct grants of up to $50,000
LEEP Designees can apply for up to $50,000 in Direct Grants (disbursed in up to two $25,000 tranches at the discretion of the grant recipient) for purposes of assuring compliance with regulatory requirements of local or state permits or licenses that mitigate adverse environmental effects of cannabis cultivation.

Suggested activities include (but are not limited to):
● Water storage for irrigation during forbearance periods of surface water diversion required by state or local regulations.
● Remediation and relocation of cannabis facilities located within stream side setbacks required by state or local regulation.
● Installation of solar electrical systems to replace diesel or gasoline generator power for off-grid cannabis facilities where connecting to the grid is economically infeasible.
● Road remediation, watershed mitigation, culverts or infrastructure needed to meet state and local regulations.
11 https://elevateimpactmendo.com/
19 12.22
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● Grants for the purpose of employment skill training for eligible equity participants or seeking employment in licensed cannabis operations in Mendocino County.
● General business purposes including: (1) technical assistance or professional services including consultants providing CEQA analysis and Appendix G development, biological studies, bookkeeping, accounting, legal, insurance requirements; (2) business location procurement prior to or during the application process (i.e., rent and/or lease assistance); (3) assistance in required trainings such as Cal OSHA (4) cannabis related tax payments.

2. Fee and permit waiver grants of up to $7,000
LEEP Designees can apply for a fee waiver for cannabis related County Permits or Licenses. The maximum cumulative amount per grantee is $7,000 for County cannabis related permits, licenses, and application fees. While you may apply for more than one waiver, no partial fee waivers will be granted. Commercial Cannabis Business Tax true up invoices or quarterly payments are not eligible. LEEP Fee Waiver Grants will be awarded and will be scored on a pass or not approved basis.

Incomplete or not approved applications will be encouraged to reapply. Complete applications will be eligible for grant awards as funding allows. Funding will be provided on a first come first served basis.

3. Technical assistance grants of up to $2,000
LEEP Designees can apply for up to $2,000 in Technical Assistance Grants (TA Grants).

Technical Assistance refers to support to help cannabis equity applicants and licensees acquire the knowledge and/or skills necessary in order to gain entry to, and operate in, the regulated cannabis marketplace. Direct technical assistance includes:
● One-on-one consulting and group training, to provide equity applicants and licensees the technical knowledge and expertise necessary to facilitate business ownership and employment in the cannabis industry.
20 12.23
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● Small business support services, training and education related to state cannabis licensing and regulatory requirements, financial management, and business resilience.

Technical Assistance is defined as:
● Small Business Development Assistance including business planning, grant and loan application preparation, human resources management, capital procurement services, bookkeeping and accounting practices and systems, etc. ● Cannabis Cooperative Associations including understanding legal regulations pursuant to Business and Professions Code sections 26220-26231.2, and educational information regarding the process of forming Cannabis cooperatives.

Section 6. City of Sacramento
City of Sacramento Cannabis Opportunity Reinvestment and Equity (CORE) Grant Program (Elevate Impact)
General program benefits may include but are not limited to: business plan development, business monitoring, coaching on access to capital, business needs assessment, loan readiness assessment, market assessment, data and research strategies an support, assistance with a legal entity, assistance with criminal records expungement, lease negotiation assistance, small business legal considerations, mentoring, fiscal management, marketing/social media, technical training, employee training, and regulatory compliance.

A CORE Program participant shall be entitled to receive the following benefits based on the applicable classification:

Classifications 1, 2, 3 & 5 : Participants shall receive the following: 12 • All support services offered under the program
• Priority processing of application(s)
• Waiver of the Business Operating Permit (BOP) fee
• Exclusive access to any future storefront dispensary permits • Exemption from the Neighborhood Responsibility Plan (NRP) requirement Classification 4: Participants shall receive the following:
12 Please see the following link for a breakdown of the City of Sacramento’s Equity Applicant Classifications:
https://www.cityofsacramento.org/City-Manager/Divisions-Programs/Cannabis-Management/Core-Program 21 12.24
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• Qualified and ready CORE participants to host
• Priority processing of application(s)
Sacramento’s CORE Program also offers the CORE Capital Loan Program13 Section 7. City of Long Beach
City of Long Beach Cannabis Social Equity Program
Individuals who qualify for the Equity Program and want to open an adult-use cannabis business in Long Beach are eligible to receive benefits and assistance to help navigate the City’s cannabis application and licensing process.

To qualify for the Equity Program, individuals must be verified as Equity Applicants by the Office of Cannabis Oversight and then be verified as Equity Businesses by the Business License Division. To qualify as an Equity Business, Equity Applicants must have a minimum of 51% ownership of the entity that will apply for an Adult-Use Cannabis Business License.

Equity Program Benefits : 14
● Application workshops: assistance on how to prepare and submit a complete cannabis business license application and learn strategies on how to increase opportunities for approval at each stage of the application process. ● Fee Waivers* : All zoning, application, plan check, inspection and other 15 application City fees are waived for Equity Businesses. Fee waivers will cover city costs that Equity Businesses would otherwise incur through the cannabis business license application and permitting process, thus allowing Equity Businesses to 15 *Fee waivers (except for application fees), direct grants and direct technical assistance are made available through grant funding provided by the State of California. Grant funding will only be available until funds are exhausted, or until the State mandated expiration of the equity grant program, whichever occurs sooner. 14 https://www.longbeach.gov/citymanager/cannabis-information/cannabis-social-equity-program/open-an-equit y-business/
13 https://www.cityofsacramento.org/City-Manager/Divisions-Programs/Cannabis-Management/Core-Program/L oanProgram
22 12.25
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conserve resources for other costs associated with opening a cannabis business In Long Beach.
● Direct Grants*: Direct grants are intended to offset non-City costs associated with completing each phase of the cannabis business license application and permitting process. Equity Applicants and Equity Businesses who complete cannabis business licensing direct grant milestones are eligible to receive a grant amount associated with each milestone. The following chart is a breakdown:

Appendix A. Section 7: City of Long Beach Grant Program Cannabis Business Licensing Direct Grant Milestones16 Grant Amount Available
Pre-Application Milestone A: Equity Status Verification Issued before July 23, 2020 $5,000
Pre-Application Milestone B: Equity Workshop Scheduled or Attended Before July 23, 2020 $5,000
Milestone #1: Cannabis Business License Application Review $100,000 Milestone #2: Completion of Conditional Use Permit (CUP) or Administrative Use Permit (AUP) Process $80,000
Milestone #3: Submittal of Facility Architectural Plans $85,000 Milestone #4: Issuance of Building Permit $80,000
Milestone #5: Final Building Sign-Off or Issuance of Certificate of Occupancy $20,000
Milestone #6: Issuance of Cannabis Business License $80,000 Total Possible Grant Funding (excluding per-application milestones) $445,000
● Expedited application review: Equity Businesses will receive priority application review, allowing them to move quicker through the application process. ● Cultivation tax deferrals: Equity Businesses who applied for an adult-use cannabis cultivation license may pay their first year’s taxes on a monthly payment plan 16 https://www.longbeach.gov/citymanager/cannabis-information/cannabis-social-equity-program/direct-grants-p rogram/
23 12.26
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instead of the full payment that is usually required prior to issuance of a cannabis cultivation business license.
● Direct Technical Assistance*: Equity Applicants and Equity Businesses will have access to business consulting services to start, sustain, and grow a viable cannabis business in Long Beach.
24 12.27
City Council

AGENDA REPORT
DATE: 01/25/2022
AGENDA OF: 02/08/2022
DEPARTMENT: Finance
SUBJECT: Liability Claims Filed Against the City of Santa Cruz (FN) RECOMMENDATION: Motion to reject the liability claims of a) Brooke Elaine Murdoch, and b) Rhonda Elaine Reyna, based on staff recommendation.

BACKGROUND: N/A
DISCUSSION: I. Claims to be rejected:
a. Claimant: Brooke Elaine Murdoch
Date of occurrence: 6/28/2021
Date of claim: 1/3/2022
Amount of claim: Unspecified
Claimant seeks damages for injuries allegedly resulting from Police action.

Self-represented
b. Claimant: Rhonda Elaine Reyna
Date of occurrence: 6/28/2021
Date of claim: 1/3/2022
Amount of claim: Unspecified
Claimant seeks damages for injuries allegedly resulting from Police action.

FISCAL IMPACT: No fiscal impact.

Prepared By:

Ross Brandon
Risk & Safety Manager
Submitted By:

Bobby Magee
Interim Finance Director
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

None.

13.1 City Council

AGENDA REPORT
DATE: 01/27/2022
AGENDA OF: 02/08/2022
DEPARTMENT: Public Works
SUBJECT: Housing Matters Hygiene Bay Remodel Project (p102205) – Authorization to Advertise and Award (PW)
RECOMMENDATION: Motion to approve the plans and specifications for the Housing Matters Hygiene Bay Remodel Project (p102205), authorize staff to advertise for bids, and award the contract. The City Manager is hereby authorized and directed to execute the contract in a form approved by the City Attorney. The Public Works Director is authorized to execute change orders within the approved project budget.

BACKGROUND: The Hygiene Bay Remodel project (p102205) is located at the Housing Matters homeless shelter day services building at 115 Coral Street. The Hygiene Bay was shut down in 2019 when mold caused by the facility’s inadequate ventilation system led to irreparable damage to the facility.

The Hygiene Bay was an essential part of the shelter’s operation, serving up to 100 people daily before its closure. Since losing access to the Hygiene Bay two and half years ago, the shelter’s guests have had to rely on the mobile sanitary stations leased by the County. This temporary solution has only one ADA shower, one regular shower, and three portable toilets.

The portable showers are in need of constant maintenance and require periodic shut downs for repairs. The uncertainty of access to these facilities presents an extra hurdle for the guests.

This project will include upgrades to the ventilation system, improvements to the existing facility, and restoration of this essential service.

DISCUSSION: The remodel area consists of two floors. The ground floor work includes some demolition work for the installation of new walls, moisture barriers, doors, partitions, and fixtures to accommodate six showers, four toilets, one urinal, and eight sinks in the shower and toilet area. A new boiler, hot water expansion tank, and hot water pump will be installed in the existing mechanical room. A new reception desk, cabinets, and 12 lockers will also be installed for a new reception area at the entryway.

New electrical work includes new lighting, power supply for the new boiler, hot water pump and bottle filling station, USB outlets for the lockers and reception area, faucet sensors, and a new electrical panel. The new HVAC work will include new ducts and exhaust fans installation. Two

14.1 storage rooms on the second floor will be renovated into mechanical rooms to accommodate a new HVAC system and controls.

A building permit has been issued for the project. Plans and specifications are available online at https://www.cityofsantacruz.com/publicworksprojects.

FISCAL IMPACT: The engineer’s cost estimate to complete the project is $1,800,000. The project is funded through the American Rescue Plan Act. There is no impact to the General Fund.

Prepared By:

Hoi Yu
Associate Professional
Engineer
Submitted By:

Mark R. Dettle
Public Works Director
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

None.

14.2 City Council

AGENDA REPORT
DATE: 01/27/2022
AGENDA OF: 02/08/2022
DEPARTMENT: Public Works
SUBJECT: Purchase of Two Refuse Trucks (PW)
RECOMMENDATION: Motion authorizing the purchase of two replacement Refuse Trucks from the Refuse Fund, in the amount of $725,000 from TEC of California (Oakland, CA).

BACKGROUND: The Public Works Department, Resource Recovery Division, has a vehicle replacement schedule built into the current refuse rates. This fiscal year, the City needs to replace one front load and one rear load refuse collection vehicle that exceeds the recommended replacement criteria and is programmed for exchange. The front load vehicle services commercial areas and the rear loader services a combination of commercial and residential areas in the City.

DISCUSSION: The Refuse Fund schedules a seven-year replacement cycle for collection vehicles. At the seven year mark these vehicles have collected approximately a million commercial containers and 7 million residential carts. Factoring in the extreme service demands placed on these vehicles, fleet records indicate that after seven years the maintenance costs begin to outpace the value of the vehicle and, coupled with the steep drop in trade-in value, seven years is the optimum replacement schedule for collection vehicles. Two vehicles meet the replacement criteria this year: a front load for commercial collection vehicle and a rear load for combination of commercial and residential collection.

The Resource Recovery and Fleet Maintenance Divisions are working to replace the refuse fleet vehicles with one Heil Half/Pack Sierra body in combination with a Mack Terrapro chassis (front load) and a Heil Durapack body with a combination of a Mack LR 64R chassis (rear load). These configurations share several components with the City’s current vehicle configurations so the Fleet Division will be familiar with maintaining and repairing these vehicles.

The Resource Recovery Division has seven CNG refuse vehicles. Five are fueled at the Santa Cruz Metro facility and two fueled at the PG&E fueling station. Fleet Maintenance has changed its diesel fuel to a renewable diesel which has shown to reduce vehicle emissions. Nitric oxide (NOx), particulates, carbon monoxide and hydrocarbons are significantly reduced and now rival the numbers of alternative fuels, allowing the City to reduce emissions without the added cost of alternative fuel vehicles.

Regarding electric vehicles, the City has ordered a new electric refuse truck to be delivered this spring, and will be ordering a second later this fiscal year, a BYD side loader for residential

15.1 collection. The City’s challenge with electric vehicles is lack of infrastructure as its current charging station is unable to charge at the larger capacity required for heavy duty trucks. The City is working to upgrade the Corporation Yard charging infrastructure to support more electric heavy duty trucks in the future. In addition, the City is working to secure a portable boost charger as a temporary measure to charge its vehicles while the long-term infrastructure is completed. Since this is the City’s first experience with heavy duty electric trucks, this unit may also be trailer mounted to allow the ability to charge on the road if there is unforeseen operational issues.

Section 3.08.170 of the purchasing ordinance allows the City to use cooperative purchasing agreements when feasible. The City is one of over 50,000 member agencies of Sourcewell (formally known as National Joint Powers Alliance) that conducts national competitive solicitations for common products and allows greater discounts than the City could typically obtain on its own. However, TEC of California, Oakland submitted a lower price for these vehicles than the Sourcewell price. Staff requests that City Council authorize the purchase of this refuse truck from TEC of California Oakland CA, in the amount of $725,000.

FISCAL IMPACT: The purchase price of one front load ($395,000) and one rear load ($330,000) refuse collection vehicles (including sales tax) is $725,000. Funds for FY 2022 purchase of these refuse collection vehicles are included in the approved Refuse Enterprise Fund budget. These funds are only available for use in the refuse fund activities and cannot be used for General Fund activities. There is no impact to the General Fund.

Prepared By:

Manuel Ortiz
Interim Superintendent of
Resource Recovery Collection
Submitted By:

Mark R. Dettle
Director of Public Works
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

None.

15.2 City Council

AGENDA REPORT
DATE: 01/27/2022
AGENDA OF: 02/08/2022
DEPARTMENT: Water
SUBJECT: First Amendment to Agreement for Design Engineering for Brackney Landslide Area Pipeline Risk Reduction Project (WT)
RECOMMENDATION: Motion authorizing the City Manager to execute the First Amendment to the Professional Services Agreement for Design Engineering for Brackney Landslide Area Pipeline Risk Reduction Project in the amount of $328,469 with Mott MacDonald Group Inc. (San Jose, CA) in a form to be approved by the City Attorney, and authorizing the Water Director to execute future contract amendments within the approved budget.

BACKGROUND: The Newell Creek Pipeline (NCP) is a critical component to the City of Santa Cruz water supply infrastructure that extends from the Loch Lomond Reservoir to the Graham Hill Water Treatment Plant. A section of the pipeline traverses an area that has exhibited historical landslides and is referred to as the Brackney Landslide Area. During the January 2017 storm events, intense rainfalls resulted in Brackney Landslide Area landslides that blocked road access and threatened the pipeline. Although a short segment of the overall pipeline, the Brackney Landslide Area poses one of the most threatening hazards and is among the highestranked for replacement.

With an already well-established capital investment program in place, and dealing with a host of other infrastructure issues from the storms, the Water Department spent the next two years identifying new capital project needs and reprioritizing some projects. At their November 24, 2020 meeting, City Council authorized the execution of a Professional Services Agreement for Design Engineering for Brackney Landslide Area Pipeline Risk Reduction Project (Project) with Mott MacDonald Group Inc.

DISCUSSION: This First Amendment will add to work approved under this contract.

This Project pertains to replacement of 1,200 linear feet of Newell Creek Pipeline, all located within a city easement north of downtown Felton along the eastern slopes of the San Lorenzo River. Following the completion of preliminary engineering, the Santa Cruz Water Department and Mott MacDonald Group Inc. have agreed on the need to extend the replacement length of the Project in order to improve feasibility and constructability of the Project. By extending the project by ~1,000 linear feet, the contractor will have easier access, outside of the steep terrain, to install the pipeline through the hazard area and make connections at both ends. The Project documents will now detail replacement of 2,250 linear feet of existing pipeline, including

16.1 portions within paved county roads. As shown in the 60% design documents, by installing the pipeline deeper and relocating portions to more-accessible areas, the new pipeline length is approximately 2,590 linear feet.

FISCAL IMPACT: This First Amendment totals $328,469, with 67% funded from FEMA’s Hazard Mitigation Grant Program, and the remaining funds required for a local match available in the FY 2022 Water Department Capital Investment Program Budget, c702002. There is no impact to the General Fund.

Prepared By:

Heidi R. Luckenbach
Deputy Director/Engineering
Manager
Submitted By:

Rosemary Menard
Water Director
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. FIRST AMENDMENT TO AGREEMENT WITH MOTT MACDONALD GROUP INC.PDF

16.2 City of Santa Cruz First Amendment to Professional Services Agreement for Design Engineering for Brackney Landslide Area Pipeline Risk Reduction Project February 2022 Page 1

FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT FOR

DESIGN ENGINEERING FOR

BRACKNEY LANDSLIDE AREA PIPELINE RISK REDUCTION PROJECT THIS FIRST AMENDMENT, dated February ____, 2022, (“First Amendment”) TO THE PROFESSIONAL SERVICES AGREEMENT dated November 30th, 2020, is made by and between the City of Santa Cruz (“City”) and Mott MacDonald Group Inc. (“Consultant”).

RECITALS
WHEREAS, City and Consultant have previously entered into that certain Professional Services Agreement (“Agreement”) dated November 30th, 2020, which is incorporated by this reference, and WHEREAS, City and Consultant desire to amend the Agreement for additional design as specified herein.

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

A. Section 1 of the Agreement is hereby amended to read as follows:
“Amended Scope of Work, attached hereto as Exhibit A.1” B. Section 4 of the Agreement is hereby amended to read as follows:
“Increase the contract amount by $328,469. Revise the total contract amount to $1,041,842.

Amended Fee Schedule, attached hereto as Exhibit B.1.”
C. Section 7 of the Agreement is hereby amended to read as follows:
“Amended Work Schedule, attached hereto as Exhibit C.1” Notwithstanding these amended terms of the original Agreement by this First Amendment, all other terms and conditions of the original Professional Services Agreement and attachments, shall remain in full force and effect. The terms of this First Amendment shall control if any conflict exists.

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

The parties may execute this First Amendment in two or more counterparts, which shall, in the aggregate, be deemed an original but all of which, together, shall constitute one and the same

16.3 City of Santa Cruz First Amendment to Professional Services Agreement for Design Engineering for Brackney Landslide Area Pipeline Risk Reduction Project February 2022 Page 2
instrument. A scanned, electronic, facsimile or other copy of a party’s signature shall be accepted and valid as an original.

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

IN WITNESS WHEREOF, the City and the Consultant have executed this First Amendment effective as of the date shown above.

Approved As To Form:

By: _____________________________ Date: __________________ City Attorney

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

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

By: _____________________________ Date: __________________ Rosemary Menard, Water Director
Technical Review By:

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

16.4 Additional Costs for Revised Design Alignment r3
January 25, 2022
Dear Mr. Kay
Our current contract for Design Services for the
Brackney Landslide Area Pipeline Risk Reduction
Project (Project) pertains to replacement of 1,200
linear feet of Newell Creek Pipeline, all within
undeveloped city easement. Following the completion
of preliminary engineering, the City of Santa Cruz and
Mott MacDonald have agreed on the need to extend
the replacement length in order to improve feasibility
and constructability of the Project. The Project
documents will now detail replacement of 2,250 linear
feet of existing pipeline, including portions within
paved county roads. As shown in the 60% design
documents, the new pipeline length is approximately
2,590 linear feet, including a 1,604 ft long portion
installed by horizontal directional drilling (HDD). After careful review of the contract budget to perform 60%
through 100% design under the revised project scope,
we have recognized the need for additional budget at
each of the remaining milestones. Furthermore,
extended review and coordination periods beginning
since conceptual engineering have required an
extension to the project duration by approximately 7
months, thus additional hours are required to complete
the PM duties as described in Task 4 of the contract.
● Section A provides a summary of the revised scope
of work.
● Section B provides the fee proposal
● Section C provides the most current project
schedule.

I would be happy to go over this proposal in detail at
your convenience if you have any questions or
comments. It is a pleasure to serve the City of Santa
Cruz in completing this important project.

Truly yours,
Justin Lianides, PE GE
Principal Project Manager
+1 925 469 5379
[email protected]
Lewis Kay / City of Santa Cruz Water Dept.
212 Locust Street, Suite C
Santa Cruz, CA 95060
Your Reference
T0405C001
Our Reference
504100299

Mott MacDonald
12647 Alcosta Boulevard
Suite 275
San Ramon
CA 94583
United States of America
T +1 (925) 469 8010
mottmac.com
1 of 10

16.5 Section A
The scope of work is as described in the agreement: Professional Services Agreement for Design Engineering for Brackney Landslide Area Pipeline Risk Reduction Project, signed November 30, 2020, with the following changes to “Exhibit B”:

1. Not to exceed, fee breakdown, hourly rates, and project schedule are amended as presented herein in Section B and Section C.

2. Under “Statement of Assumptions”:
a. Replace item 1 with “Length of existing water main to be replaced is approximately 2,250 LF. Length of new water main to be designed is approximately 2,590 LF, extending from the intersection of Glen Arbor Rd and Caledonium Ave, to Schaaf Rd, and to Brackney Rd. The alignment is presented in 60% design documents (transmittal #119).” b. Replace item 2 with “Proposed fees are based on an approximately 1,604-foot-long horizontal direction drill and approximately 986 ft of trenched pipeline.”
c. Replace item 6 with “Hourly rates are based on the majority of services being complete by September 2022.”

3. Add the following numbered items under “Statement of Assumptions”:

8. Potholing will be performed at 7 locations along the design alignment using vacuum excavation methods. Soil sampling for environmental testing will be performed at 4 pothole locations. The pothole locations are presented in Figures 1 through 3 in transmittal #135. Potholing work is paid for under an allowance and subject to City approval, designated as A.1 in Section B.

9. Two additional geotechnical explorations will be performed as described in transmittal #118: Proposed scope of work and fee for additional geotechnical investigations. Additional exploration work is paid for under an allowance and subject to City approval, designated as A.2 in Section B.
2 of 10

16.6 Section B
Tables 1 and 2 describe the additional budget required to complete the design. ● Table 1 provides our current budget and proposed revision to the budget for detailed design (Task 3), Project Management (Task 4), and additional allowances. ● Table 2 provides a summary of net changes in costs.

Table 1: Proposed budget for Task 3, Task 4, and additional allowances Proposed hours
Design
Milestone /
Allowance
Original
Contract
Amount
Proposed
Contract
Amount
Original
Budgeted
Hours
PM
Justin
Lianides
$200 hr /
$210 hr
Engineer I
Edgar
Montoya
$105 hr /
$110.25 hr
Pipeline Lead
Renee
Crawford
$225 hr /
$236.25 hr
Engineer I
Mario
Gordillo
$125 hr /
$131.25 hr
PP
John
Mukhar
$300 hr /
$315.00 hr
QC
Trent Cohen
$180 hr /
$189.00 hr
Total
Hours
60% $81,650 $118,175 376 134 561 33 173 3 14 918
90% $82,745 $127,789 368 127 368 92 230 8 16 841
100% $34,825 $77,196 152 80 192 48 128 8 16 472
Construction
Bid Docs
–
5 $17,672
–
5 28 42 14 14 2 2 102
Task 4 (PM) $61,800 $111,591 314 489 0 0 0 22 0 511
Subtotal $261,020 $452,423 1,210 858 1,163 187 545 43 48 2,844 A.1 – $24,335 – 1 – 6 32 – – 39
A.2 – $106,731 – – – – – – – 400
A.3 – $6,000 – – – – – – – –
Total $261,020 $589,489 1,210 859 1,163 193 577 43 48 3,283 Notes:

1. A.1 is an allowance for potholing and environmental testing along trenched portions to confirm critical utility locations, tie-in locations, and the presence of soil contamination. Proposed locations are provided in transmittal #135. Fees assume mobilization for work will occur during 90% design as shown in the project schedule.

2. A.2 is an allowance as described in transmittal #118: Proposed scope of work and fee for additional geotechnical investigations. Subcontractor fees provided in transmittal #118 assume field work is completed prior to June 30, 2022.

3. A.3 is a recommended contingency allowance for unanticipated additional scope or subcontractor fees. A.3 is anticipated to supplement A.1 and A.2.

4. Two rates are provided per person. The smaller cost rate is applicable through March 31, 2022 (per our current contract) and assumed to apply to 60%, and applicable dates of 90% design and Task 4. The larger cost rate is applicable on April 1, 2022 and valid for 1 year.

5. Level of effort for construction bid docs was originally budgeted as part of 100% design. It is presented separately herein based on the updated milestone duration.
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16.7 Table 2: Additional design costs
Item Design Milestone /
Allowance
Net Change
Contract
Amount
1 60% $36,525
2 90% $45,044
3 100% $42,371
4 Construction bid docs $17,672
5 Task 4 (PM) $49,791
– Subtotal 1 $191,403
6 A.1 $24,335
7 A.2 $106,731
8 A.3 $6,000
– Total $328,469
Original contract amount (dated November 30, 2020): $713,373 Revised Contract Amount with items 1 – 5: $904,776
Revised Contract Amount with items 1 – 8: $1,041,842
4 of 10

16.8 Section C
5 of 10

16.9 Brackney Landslide Area Pipeline Risk
Reduction Project Jan 10, 2022
Mott MacDonald https://mottmac.sharepoint.com/teams/pj-e8672/do/Project Management/project_schedules Project managerProject dates Jul 5, 2021 - Oct 1, 2022Completion 0%Tasks 51Resources 0 Design schedule r5 v230% to design completion
6 of 10

16.10 Name Begin date End date Duration
Preliminary (30%) Design 7/19/21 9/20/21 46
30% Design Docs 7/19/21 8/27/21 3030% Design Mtg 9/8/21 9/8/21 0City Review 8/30/21 9/20/21 16 2nd Phase Geotechnical (CE&G) 7/5/21 9/24/21 60
Exploration Plan / Review 7/5/21 8/11/21 28Potholing (B7 & B5) 8/17/21 8/17/21 1Drilling (B7 & B5) 8/23/21 8/25/21 3Lab testing 8/26/21 9/24/21 22 Geotechnical Reporting (CE&G) 7/26/21 1/21/22 130
Draft data report (GDR) 8/26/21 10/20/21 40City and Mott MacDonald Review (Draft GDR) 10/21/21 11/5/21 12Final GDR r0 11/8/21 12/13/21 26GDR r0 Review (City & Mott) 12/14/21 12/20/21 5Final GDR r1 12/21/21 1/21/22 24Draft Geotech Design Report 7/26/21 9/16/21 39Draft Geotech Design Report Review (City & Mott) 9/17/21 10/25/21 27Final Geotech Design Report 10/26/21 11/12/21 14 Detailed Surveying (Ifland) 10/12/21 2/4/22 84
Field Activities 10/12/21 11/18/21 28Produce 95%-level base maps 11/19/21 12/1/21 9Produce 100%-level base maps 12/2/21 2/4/22 47 60% Design 9/21/21 2/25/22 114
60% Design Docs 9/21/21 12/3/21 5460% Design Mtg 1/5/22 1/5/22 0 Brackney Landslide Area Pipeline Risk ReductionProject Jan 10, 2022 Tasks 2
7 of 10

16.11 Name Begin date End date Duration
City Review 12/6/21 2/25/22 60
90% Design 2/28/22 6/3/22 70
90% Design Docs 2/28/22 4/29/22 45Potholing/Env Testing 3/14/22 3/18/22 5Potholing/Env Test Report 3/21/22 4/1/22 1090% Design Mtg 5/6/22 5/6/22 0City/DDW Review 5/2/22 6/3/22 25 Additional explorations 2/11/22 6/17/22 91
NTP Borings B4a & B4b 2/11/22 2/11/22 0Boring 4a and 4b 3/21/22 3/28/22 6Draft geotech report 3/29/22 5/6/22 29City Review 5/9/22 6/3/22 20Final geotech report 6/6/22 6/17/22 10 Geotechnical Baseline Report 12/14/21 7/15/22 154
Draft GBR 12/14/21 5/19/22 113City Review 5/20/22 6/16/22 20Final GBR 6/20/22 7/15/22 20 100% Design 6/6/22 8/12/22 50
100% Design Docs 6/6/22 7/8/22 25100% Design Mtg 7/15/22 7/15/22 0City/DDW Review 7/11/22 8/12/22 25 Construction Bid Docs 8/15/22 9/30/22 35
Prepare IFC Bid Docs 8/15/22 9/2/22 15Submit IFC 9/2/22 9/2/22 0 Brackney Landslide Area Pipeline Risk ReductionProject Jan 10, 2022 Tasks 3
8 of 10

16.12 Name Begin date End date Duration
City Review 9/5/22 9/30/22 20
Project Management 8/2/21 9/30/22 305
Brackney Landslide Area Pipeline Risk ReductionProject Jan 10, 2022 Tasks 4
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16.13 Brackney Landslide Area Pipeline Risk Reduction
Project Jan 10, 2022
Gantt Chart
5 Name Begin date End date Durati...

Preliminary (30%) Design 7/19/21 9/20/21 46
30% Design Docs 7/19/21 8/27/21 3030% Design Mtg 9/8/21 9/8/21 0City Review 8/30/21 9/20/21 16 2nd Phase Geotechnical (CE&G) 7/5/21 9/24/21 60
Exploration Plan / Review 7/5/21 8/11/21 28Potholing (B7 & B5) 8/17/21 8/17/21 1Drilling (B7 & B5) 8/23/21 8/25/21 3Lab testing 8/26/21 9/24/21 22 Geotechnical Reporting (CE&G) 7/26/21 1/21/22 130
Draft data report (GDR) 8/26/21 10/20/21 40City and Mott MacDonald Review (D... 10/21/21 11/5/21 12Final GDR r0 11/8/21 12/13/21 26GDR r0 Review (City & Mott) 12/14/21 12/20/21 5Final GDR r1 12/21/21 1/21/22 24Draft Geotech Design Report 7/26/21 9/16/21 39Draft Geotech Design Report Review ... 9/17/21 10/25/21 27Final Geotech Design Report 10/26/21 11/12/21 14 Detailed Surveying (Ifland) 10/12/21 2/4/22 84
Field Activities 10/12/21 11/18/21 28Produce 95%-level base maps 11/19/21 12/1/21 9Produce 100%-level base maps 12/2/21 2/4/22 47 60% Design 9/21/21 2/25/22 114
60% Design Docs 9/21/21 12/3/21 5460% Design Mtg 1/5/22 1/5/22 0City Review 12/6/21 2/25/22 60 90% Design 2/28/22 6/3/22 70
90% Design Docs 2/28/22 4/29/22 45Potholing/Env Testing 3/14/22 3/18/22 5Potholing/Env Test Report 3/21/22 4/1/22 1090% Design Mtg 5/6/22 5/6/22 0City/DDW Review 5/2/22 6/3/22 25 Additional explorations 2/11/22 6/17/22 91
NTP Borings B4a & B4b 2/11/22 2/11/22 0Boring 4a and 4b 3/21/22 3/28/22 6Draft geotech report 3/29/22 5/6/22 29City Review 5/9/22 6/3/22 20Final geotech report 6/6/22 6/17/22 10 Geotechnical Baseline Report 12/14/21 7/15/22 154
Draft GBR 12/14/21 5/19/22 113City Review 5/20/22 6/16/22 20Final GBR 6/20/22 7/15/22 20 100% Design 6/6/22 8/12/22 50
100% Design Docs 6/6/22 7/8/22 25100% Design Mtg 7/15/22 7/15/22 0City/DDW Review 7/11/22 8/12/22 25 Construction Bid Docs 8/15/22 9/30/22 35
Prepare IFC Bid Docs 8/15/22 9/2/22 15Submit IFC 9/2/22 9/2/22 0City Review 9/5/22 9/30/22 20 Project Management 8/2/21 9/30/22 305
2021 2022 2023
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr 30% Design Mtg 60% Design Mtg NTP Borings B4a & B4b 90% Design Mtg100% Design Mtg Submit IFC 10 of 10

16.14 City Council

AGENDA REPORT
DATE: 01/28/2022
AGENDA OF: 02/08/2022
DEPARTMENT: Water
SUBJECT: Resolution Supporting an Application by the Santa Cruz Mid-County Groundwater Agency to the California Department of Water Resources for Grant Funding to be Used to Support Implementation of the Santa Cruz Mid-County Groundwater Sustainability Plan (WT)
RECOMMENDATION: Resolution supporting an application to the California Department of Water Resources for grant funding to be used to support implementation of the Santa Cruz MidCounty Groundwater Sustainability Plan.

BACKGROUND: The City of Santa Cruz is a member agency of the joint powers agency, the Santa Cruz Mid-County Groundwater Agency (MGA), responsible for the Santa Cruz MidCounty Groundwater Basin, a local groundwater basin that is the sole water source for the Soquel Creek Water District and also is the basin supporting the City’s Beltz wellfield. The MGA was created following the passage of the 2014 Sustainable Groundwater Management Act (SGMA) and is responsible for development and implementation of a Groundwater Sustainability Plan (GSP). The MGA completed its GSP in January 2020 and the plan includes a variety of projects and management actions that are designed to support achieving groundwater sustainability by 2040 and to maintain sustainability for an additional 50 years.

Included in the GSP are a variety of projects and management actions to be undertaken by the MGA and its member agencies to support ongoing planning and implementation of the plan. As is the case with most regulatory programs there are ongoing requirements for monitoring and reporting as well as a requirement for updating the GSP every five years.

In the Mid-County Groundwater Basin, the key sustainability issue is seawater intrusion.

Historic extraction of native groundwater to support the water supply operations of the Soquel Creek Water District and City’s Beltz wellfield have resulted in declines of water levels in the basin to the point where seawater intrusion into the aquifer has occurred in the La Selva Beach area and is a serious threat along the coast from Capitola to Santa Cruz. The GSP includes a range of projects specifically designed to support establishing and maintaining protective groundwater elevations along the coast while supporting water agency extraction and delivery of drinking water to customers. An example of this kind of project is the Pure Water Soquel project that will use advanced purified recycled water to create a hydro-static barrier to seawater intrusion through strategically injecting water produced from its new treatment facility into the aquifer.

17.1 DISCUSSION: State funding for the development of GSPs in critically over-drafted basin such as the Mid-County Basin, as well as for medium priority basins such as the local Santa Margarita Groundwater Basin, has been an important source of financial resources for local agencies to use to support GSP development. As critically over-drafted basins have turned from planning to GSP implementation, the state has begun providing funding to support those efforts as well. The initial implementation funding is the 2021 Sustainable Groundwater Management (SGM) Grant Program, SGMA Implementation Round 1 Grant (Round 1 Grant) pursuant to the California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access For All Act of 2018 (Proposition 68) (Pub. Resource Code, § 80000 et seq.), with additional funds for this grant program through the California Budget Act of 2021 (Stats. 2021, ch. 240, § 80).

The Round 1 Grant is a non-competitive grant for $7.6 million specifically to each critically over-drafted groundwater basis in the state. Working with other MGA member agencies, the City of Santa Cruz has identified project development and construction work to be included in the grant. The California Department of Water Resources requires Resolutions of support from all entities having projects included in the Round 1 Grant.

FISCAL IMPACT: The City supports its participation in the MGA with resources from the Water Enterprise Fund. The Round 1 Grant includes projects and programs that will fund approximately $2.5 million in activities that will have an indirect or direct benefit to the Water Department and will replace Water Enterprise supported funding for this work.

Prepared/Submitted By:

Rosemary Menard
Water Director
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. RESOLUTION.DOCX

17.2 RESOLUTION NO. NS-29,

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ SUPPORTING

AN APPLICATION TO THE CALIFORNIA DEPARTMENT OF WATER RESOURCES FOR

GRANT FUNDING TO BE USED TO SUPPORT IMPLEMENTATION OF THE SANTA

CRUZ MID-COUNTY GROUNDWATER SUSTAINABILITY PLAN
WHEREAS, the City of Santa Cruz is a member agency of the joint powers agency, the Santa Cruz Mid-County Groundwater Agency (MGA); and
WHEREAS, in January 2020 the MGA completed and submitted a required Groundwater Sustainability Plan (GSP) for the critically over-drafted Santa Cruz Mid-County Groundwater Basin to the California Department of Water Resources (DWR); and WHEREAS, the MGA’s GSP lays out an action plan to achieve sustainability of the MidCounty Groundwater Basin by 2040 and to maintain basin sustainability for a further 50 years; and WHEREAS, achieving sustainability requires the MGA and its member agencies to plan and implement various programs and projects to achieve sustainability; and WHEREAS, to support groundwater sustainability agencies in their work, the State of California has established the 2021 Sustainable Groundwater Management (SGM) Grant Program, SGMA Implementation Round 1 Grant (Round 1 Grant) pursuant to the California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access For All Act of 2018 (Proposition 68) (Pub.

Resource Code, § 80000 et seq.), and provided additional funds for this grant program through the California Budget Act of 2021 (Stats. 2021, ch. 240, § 80); and WHEREAS, the Round 1 Grant is a non-competitive grant for $7.6 million specifically to critically over-drafted groundwater basis; and
WHEREAS, working with other MGA member agencies, the City of Santa Cruz has identified project development and construction work to be included in the grant; and WHEREAS, DWR requires Resolutions of support from all entities having projects included in the Round 1 Grant;
NOW, THEREFORE BE IT RESOLVED the City Council of the City of Santa Cruz supports the MGA’s grant application for the Round 1 Grant and for the project elements included in the grant that will be implemented by the City of Santa Cruz as part of its work to support achieving groundwater sustainability in the Santa Cruz Mid-County Groundwater Basin.

17.3 RESOLUTION NO. NS-29,
2 PASSED AND ADOPTED this 8th day of February, 2022 by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

APPROVED: ______________________________
Sonja Brunner, Mayor
ATTEST: _________________________________
Bonnie Bush, City Clerk Administrator

17.4 City Council

AGENDA REPORT
DATE: 01/27/2022
AGENDA OF: 02/08/2022
DEPARTMENT: Water
SUBJECT: Water Supply Augmentation Planning (WT)
RECOMMENDATION: Motion authorizing the City Manager to execute the Third Amendment to the Professional Services Agreement for Phase 2 Recycled Water Facility Planning Study in the amount of $350,000 with Kennedy Jenks Consultants (San Francisco, CA) in a form to be approved by the City Attorney.

BACKGROUND: In October 2015, the citizen-led Water Supply Advisory Committee (WSAC) reached consensus among its 14 members and recommended a strategy to deliver longterm water supply security to the City of Santa Cruz water customers by 2025. The strategy included the following three water supply alternatives: 1) strengthened water conservation to reduce demand, 2) groundwater storage through water transfers, exchanges and/or aquifer storage and recovery (ASR), and 3) advanced treated recycled water or desalinated water. The WSAC agreed the alternatives should be analyzed simultaneously so that by 2018 either recycled water or desalination would be prioritized and by 2020 a selection of one or more projects would be recommended for implementation. (Following subsequent Council actions, the implementation schedule has been modified with simpler projects occurring at the 2020 timeframe and decisions about more complex projects occurring between 2020 and 2025.) Significant progress has been made on all of the strategies recommended by the WSAC and approved by City Council. Below is a high-level summary of this work.

Conservation: Through active and progressive conservation efforts throughout the City of Santa Cruz water service area over the last 20+ years, Santa Cruz’s gross per capita water use was 74 gallons per capita per day (gpcd) in 2020, compared with the target water use under Senate Bill SP X7-7 for 2020 of 110 gpcd. (Gross per capita water use is the total volume of water produced divided by the total population, so therefore disregards user type. Residential per capita water use is 47gpcd, one of the lowest in the State of California.) The City has met the conservation goals of the WSAC.

Water Transfers and Exchanges: This concept considers sharing water between neighboring water agencies when excess water is available to do so. The City and Soquel Creek Water District are in the second, five-year pilot test period for transferring water between the two agencies, and the City and Scotts Valley Water District are seeking a grant to intertie these two agencies. These ongoing studies are revealing the opportunities and limitations of this type of

18.1 conjunctive use and regional collaboration of water resources. The amount of water this alternative will provide is unclear and the following issues continue to be analyzed. • Availability of excess water when needed by the other agency. Excess water typically occurs in the wet or winter months when demands are low and the ability to transfer and exchange is reduced.
• Water quality compatibility. Each agency treats water differently and understanding compatibility is key to maintaining quality standards.
• Hydraulic compatibility. Agencies operate at different pressures and are separated geographically. Sharing water resources requires the addition of pumps, pipelines, and water storage tanks.
• Operational flexibility. An agency’s ability to receive water any time it is available is an operational complexity that, while not insurmountable, requires significant planning and modifications to a systems normal operations.

Aquifer Storage and Recovery (ASR). ASR would allow the City to inject excess surface water in to the ground in either or both the Santa Cruz Mid-County Groundwater Basin (MCGB) or the Santa Margarita Groundwater Basin (SMGWB). This stored water would then be available to the City and/or regionally during droughts. Following significant groundwater modeling, well siting studies and water quality analyses, the City has been pilot testing ASR in two of the four existing Beltz Groundwater Wells located in the unincorporated area of the City’s water service area. In the next two years these wells are planned to be converted to permanent ASR wells as appropriate, and up to six new ASR wells will be in a phased plan for construction. ASR in the MCGB is expected to meet approximately half of the City’s supply deficiencies during drought.

Recycled Water & Desalination. Following analyses of both of these alternatives, at its November 27, 2018 meeting, City Council supported staff’s recommendation to prioritize the ongoing analysis of recycled water over further analysis of desalination. Work is ongoing through a contract with Kennedy Jenks to develop recycled water alternatives for ultimate comparison with ASR and transfer alternatives.

Climate modeling: The City contracted with Hydrosystems Group at the University of Massachusetts Amherst to develop planning tools to be used to consider future climate scenarios and incorporate, to the best of our abilities, these critical uncertainties and associated risks in to our planning.

Santa Cruz Water Rights Project: The City Council certified the Final Environmental Impact Report and approved the Santa Cruz Water Rights project at their December 2021 meeting. In general, this project will provide the City with the flexibility needed to operate the water system to meet be able to implement the WSAC recommendations. Specifically, water transfers and exchanges as well as ASR in the MCGB and/or the SMGWB will be feasible only with these water right changes in place. Approvals by the State Water Resources Control Board are anticipated by December 2022.

Sustainable Groundwater Management: The City participates in two Groundwater Sustainability Agencies (GSA): the high-priority/critically-overdrafted MCGB and the medium-priority SMGWB. Following two and four year public processes, respectively, both GSAs have submitted their Groundwater Sustainability Plans and both plans include the potential for development of water supply projects that would support the basins, basin users, and provide opportunities for groundwater storage and water supply for the City of Santa Cruz.

18.2 As we approach the 2025 milestone to have a strategy to deliver long-term water supply reliability to the City of Santa Cruz customers, staff will be developing a Water Supply Augmentation Implementation Plan. As described in the WSAC final report, the WSAIP will provide the road map for water security and include an adaptive/flexible approach to be responsive to things that impact our water supplies; e.g., climate change.

City Council authorized execution of an agreement with Kennedy Jenks at the November 26, 2019 meeting to advance the recycled water alternatives, with an amendment in June 2020 that broadened the project team, and added aspects of the development of the WSAIP.

DISCUSSION: This Third Amendment builds on work previously-approved under Contract Amendment No. 1 of this contract. As described in the attached scope of work, this effort combines the findings and information from the past five-six years of work and applies preliminary engineering, cost estimating and screening to the development of supply alternative(s) that provide the City with a resilient and reliable water supply portfolio that is responsive to a changing climate. The WSAIP will incorporate the findings of all the work outlined above in to a single compilation, and define the scope, schedule and preliminary cost estimates of water supply augmentation projects needed to meet current and future needs of the community.

Similar to the other water supply planning work, this work will be vetted through the Water Commission and is on an 18-24 month schedule for final completion.

FISCAL IMPACT: Funds are available in the Water Department Capital Investment Program FY 2022 budgets, c701611 Recycled Water Feasibility Study and c701612 Recycled Water Feasibility Study – SDC.

Prepared By:

Heidi R. Luckenbach
Deputy Director/Engineering
Manager
Submitted By:

Rosemary Menard
Water Director
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. THIRD AMENDMENT.PDF

18.3 City of Santa Cruz Third Amendment to Professional Services Agreement for Phase 2 Recycled Water Feasibility Planning Study
January 2022 Page 1

THIRD AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT FOR
PHASE 2 RECYCLED WATER FEASIBILITY PLANNING STUDY
THIS THIRD AMENDMENT, dated ___________________, (“Third Amendment”) TO THE PROFESSIONAL SERVICES AGREEMENT dated December 20, 2019, is made by and between the City of Santa Cruz (“City”) and Kennedy/Jenks Consultants, Inc. (“Consultant”).

RECITALS
WHEREAS, City and Consultant have previously entered into that certain Professional Services Agreement (“Agreement”) dated December 20, 2019, which is incorporated by this reference, and WHEREAS, First Amendment was executed May 14, 2020 to incorporate Scope of Work, Schedule and Budget for work related to the development of a Water Supply Augmentation Implementation Plan and Performance of a Water System Resilience Assessment, and WHEREAS, Second Amendment was executed June 30, 2020 to incorporate clarifying language into the Agreement for the purposes of accounting and report requirements for a potential grant award, and WHEREAS, the City is seeking additional planning services to support the development of the Water Supply Augmentation Implementation Plan, and
WHEREAS, City and Consultant desire to amend the Agreement as specified herein.

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

A. Exhibit A: Scope of Work of the Professional Services Agreement is hereby amended to add Tasks 10 through 13 per Consultant’s letter dated January 27, 2022 which is attached to this Amendment.

B. Exhibit B: Fee Schedule of the Agreement is hereby amended to add $350,000 per page 18 of the Consultant’s letter dated January 27, 2022 which is attached to this Amendment.

C. Exhibit C: Work Schedule of the Agreement is hereby amended to include the WSAIP schedule per page 17 of the Consultant’s letter dated January 27, 2022 which is attached to this Amendment.

Notwithstanding these amended terms of the original Agreement by this Third Amendment, all other terms and conditions of the original Professional Services Agreement shall remain in full force and effect.

18.4 City of Santa Cruz Third Amendment to Professional Services Agreement for Phase 2 Recycled Water Feasibility Planning Study
January 2022 Page 2
Each party acknowledges that it has reviewed this Third Amendment and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Third Amendment.

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

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

IN WITNESS WHEREOF, the City and the Consultant have executed this Third Amendment effective as of the date shown above.

Approved As To Form:

By: _____________________________ Date: __________________ City Attorney

KENNEDY/JENKS INC
By: _____________________________ Date: __________________ Printed: _________________________ Title: _________________________ CITY OF SANTA CRUZ WATER DEPARTMENT:

By: _____________________________ Date: __________________ Rosemary Menard, Water Director
Technical Review By:

By: _____________________________ Date: __________________ Heidi R Luckenbach,
Deputy Water Director / Engineering Manager
CITY OF SANTA CRUZ:

By: _____________________________ Date: __________________ Matt Huffaker, City Manager

18.5 275 Battery Street, Suite 550
San Francisco, California 94111
415-243-2150
27 January 2022
Heidi Luckenbach
Santa Cruz Water Department
212 Locust St., Suite C
Santa Cruz, CA 95060
Subject: Recycled Water Feasibility Study (RWFS) – Phase 2 Amendment #3 to Purchase Order #91-20033
Dear Ms. Luckenbach,
Kennedy Jenks (KJ) is under a Professional Services Agreement with the City of Santa Cruz (City) to perform a Phase 2 Recycled Water Feasibility Study (Phase 2 RWFS). KJ’s contract for the Phase 2 RWFS effort was effective in December 2019. The work was amended in May 2020 to include technical support for:
1) Developing a Water Supply Augmentation Implementation Plan (WSAIP) in support of the City’s Water Supply Augmentation Strategy (WSAS) – led by subconsultant Raucher, LLC 2) Assessing the resiliency and vulnerability of the City Water Supply system under varying climate and weather model generated conditions, to evaluate the impact of different water supply augmentation strategies as adaptation measures – led by subconsultant University of Massachusetts (UMass)
At the end of 2021, the City requested additional engineering and planning services from KJ to integrate the technical evaluations into a comprehensive WSAIP for the City. The WSAIP is intended to expand on the previous efforts from the City of Santa Cruz Water Supply Advisory Committee (WSAC) to address the water supply gap of 1.2 billion gallons per year (BGY) (3,700 AFY) during times of extended drought and creating a water supply implementation plan for consideration by the City.

The WSAIP goal is to compare alternative water supply options considered by the WSAC, including modifications to these alternatives from additional City studies and evaluations, to determine which alternative or combination thereof provides a resilient and reliable water supply portfolio for the City of Santa Cruz to meet water demands during changing climatic conditions. The WSAIP will incorporate the findings from efforts from the RWFS Phase 2, as well as other work being developed by the City and/or under separate contracts with others.

18.6 Heidi Luckenbach
Santa Cruz Water Department
27 January 2022

Page 2 ends

\\SFOCAD\Projects\PW-Proj\2016\1668007.01_SantaCruzRWFPS_Phase2\01-PreJobInfo\1.02_Amendments\Amendment No.2 WSAIP-ASR\SantaCruzWSAIP_LetterScope_FINAL_1.27.22.docx The WSAIP will build from the previous WSAC projects considered for water supply, adding value by developing these projects to a conceptual level of detail, evaluating the options by scoring, ranking, and screening alternatives proposed and utilizing the regional climate model to help determine which project (or combination of projects) will provide more resilient solutions for water supply augmentation.

The WSAIP will explore water supply alternatives that could offer a unique opportunity to create a multibeneficial project locally and/or with regional partners to develop local, sustainable supplies and increase resiliency in the region for the long term. Regional projects represent longer term efforts that would require more time to work collaboratively with regional partners.

Authorized work under Purchase Order #91-20033, effective on December 20, 2019, included the following nine tasks:
• Task 1 – 2018 RWFS Overview
• Task 2 – Recycled Water Regulatory Update
• Task 3 – Phase 2 Alternatives Development and Analysis • Task 4 – Coordination with Aquifer Storage and Recovery Project • Task 5 – RWFS Phase 2
• Task 6 – Project Management and Program Coordination
• Task 7 – As-Requested Services
Amendments #1 authorized, signed on May 14, 2020, the following three tasks • Task 7.1 – WSAIP Coordination and Support (KJ)
• Task 8 – Triple Bottom Line (TBL) Based Assessment (Raucher, LLC) • Task 9 – Vulnerability Assessment and Adaption Planning (HG) Amendment #2, signed on June 24, 2020, did not amend the scope of work or fee schedule, but specified miscellaneous provisions for project recordkeeping.

This Amendment #3 expands the scope of work under previous tasks and provides additional budget for project management and program coordination for the extended duration of the contract. The proposed revised and new tasks include:

• Task 10 – WSAIP Project Management and Program Coordination • Task 11 – WSAIP Technical Tasks
• Task 12 – ASR Technical Tasks
• Task 13 – WSAIP Implementation Plan
Work will be conducted in accordance with the terms and conditions set forth in the Professional Services Agreement, Recycled Water Feasibility Planning Study (RWFS) - Phase 2, with the City of Santa Cruz, Water Department effective 20 December 2019. This work will be authorized as an Amendment #3 to Purchase Order #91-20033.

18.7 Heidi Luckenbach
Santa Cruz Water Department
27 January 2022

Page 3 ends

Task 10 – WSAIP Project Management and Program Coordination Project management includes submittal of monthly project status reports and invoices, check in calls, internal coordination to keep the project on schedule and budget, development of a project schedule and QA/QC program to be applied throughout the duration of the project. The scope herein assumes a 24-month project duration to wrap up the project by February 2024.

10.1 Project Management
KJ will provide project management focused on control of project costs, maintaining project schedule requirements, identifying key issues, and delivering quality documents. Project management will include directing the work of the team so that the work is accomplished on time and within budget. This subtask includes project setup, the development of a project schedule and periodic updates to discuss during check-in calls with the City.

10.2 Kickoff Meeting and Status Calls
The scope assumes the following meetings and calls:
• One 2-hour kick-off meeting, in person with virtual option utilizing MSO365 Teams. • Status calls, assume up to 36 1-hour status calls between the KJ Project Manager (PM) and/or Engineer and the City PM and supporting staff to discuss current activities and any needs for additional input or information, via conference calls.

KJ will provide conference call-in information and web-desktop sharing for conference calls. The City will provide meeting space for in person meetings. Supporting team members and/or subconsultants may be invited to participate as-needed. A running-action item list will be developed and updated during each call to keep track of the status of key action items. KJ will provide an agenda and supporting material in advance of the meetings and brief minutes following the meeting.

10.3 City Commission Presentations
The scope assumes the following Commission meetings (or Joint Council/Commission Meetings) with City staff to vet the approach and preliminary findings. • Commission Meeting #1: WSAIP Water Supply Alternatives (March 2022) – The purpose of this workshop is to introduce the Commission representative to the full suite of alternatives being evaluated and to confirm assumptions for alternative evaluations. • Commission Meeting #2: WSAIP Alternative Screening Criteria Selection (June 2022) – The purpose of this workshop is to present the preliminary thresholds and decision criteria, approach to ranking alternatives and nexus with the climate vulnerability study.

18.8 Heidi Luckenbach
Santa Cruz Water Department
27 January 2022

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• Commission Meeting #4: WSAIP Alternative Raking and Selection for Adaptive Portfolio (Dec 2022) – The purpose of this workshop is to discuss the ranking of alternatives and develop a portfolio of projects to move forward to address the City’s water supply gap • Commission Meeting #5: WSAIP Alternatives Scoring and Adaptive Portfolio Pathways (March 2023) – The focus will be to present the results of the alternatives ranking and the Adaptive Water Supply Portfolio moving forward.
• Commission Meeting #6: WSAIP Draft Report (Jul 2023) – The Draft Report will be presented at the Commission or Joint Commission/Council meeting to summarize the study outcomes and next steps for implementation of the Adaptive Water Supply Portfolio.

Commission meetings are assumed to be 2-hours in duration, with more formal presentations of results and/or outcomes and will be attended virtually or in-person by the KJ PM and one more technical staff (depending on the focus topic). KJ will provide an agenda, slides and supporting materials in advance of the meetings for the City’s review, with post-meeting minutes.

10.4 Monthly Reporting and Invoices
Communications with the City will include monthly project status reports describing the work accomplished and status of the budget and schedule. The scope assumes a 24-month contract duration from notice to proceed, with submittal of 24 status reports and invoices. The monthly project status reports will describe the following, as-appropriate:
• Description of work performed, and milestones achieved, • Actual cost separated by task,
• Updated schedule
KJ will continue using the same monthly project status reports and invoice templates as used so far for this contract.

10.5 Quality Assurance/Quality Control
Quality assurance and quality control (QA/QC) activities are integrated into KJ’s project management system from project inception, through execution to final document submission. KJ uses experienced senior staff, familiar with, but not directly involved in the project work, to provide QA/QC review of work products and project deliverables. All submittals will be reviewed by senior engineers prior to submittal to the City.

Task 10 Assumptions:
• Project duration of 24 months.

18.9 Heidi Luckenbach
Santa Cruz Water Department
27 January 2022

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Task 10 Deliverables:
• Monthly invoices with required backup (Electronic PDF). • Monthly progress status reports (Electronic PDF).
• Baseline and monthly schedule updates (Electronic PDF). • Meeting agendas, supporting materials, and meeting notes (Electronic PDF).

Task 11 – WSAIP Technical Tasks
Task 11.1 – Overview of Existing Supporting Documentation This task will provide an overview of previous reports, analyses, and pilot studies conducted by the City and any other documentation related to water supply augmentation alternatives.

KJ will provide a summary of the previous studies and WSAC background in Section 1 of the WSAIP Report, as well as a summary of WSAIP augmentation concepts in Section 2 of the WSAIP Report.

Task 11.1 Assumptions:
• City will provide access to previous water supply studies and pilot test results to be reviewed and summarized in the WSAIP.

Task 11.1 Deliverable:
• WSAIP Admin Draft Section 1 – WSAC Background (Electronic PDF). • WSAIP Admin Draft Section 2 – WSAIP Augmentation Concepts Overview (Electronic PDF).

Task 11.2– Water Conservation
This task will summarize efforts by the City for water conservation planning, current water demands and projected future demands with conservation measures in place. KJ will summarize policies and regulations adopted by the City and how they may impact other water supply alternatives in the City such as recycled water projects. KJ will attend two meetings with the City and subconsultant group working on water conservation measures to align schedules and scope and incorporate findings from their studies into the WSAIP Draft Section 3 for Water Conservation.

Task 11.2 Assumptions:
• Two (2) 1-hour meetings assumed with the City and subconsultants working on water conservation efforts to discuss: scope and schedule, and initial findings from conservation

18.10 Heidi Luckenbach
Santa Cruz Water Department
27 January 2022

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• City will provide access to previous water per capita consumption rates and demands as well as projections for future demands and potable water rates. • No additional engineering analysis will be required for water conservation alternatives and this task is intended to summarize existing water conservation efforts by the City.

Task 11.2 Deliverable:
• Meeting agendas, supporting materials, and meeting notes (Electronic PDF). • WSAIP Admin Draft Section 3 – Water Conservation
Task 11.3 – In Lieu Water Exchanges and Transfers
This task will document current and planned opportunities defined by the City for water exchanges and transfers with regional partners such as Soquel Creek Water District (SqCWD), Scotts Valley Water District (SVWD) and San Lorenzo Valley Water District (SLVWD). KJ will discuss with the City and summarize water rights considerations and operational limitations for implementing such exchanges or water transfers.
• Water Transfers: defined as how much water is left over to sell to neighboring agencies. Water transfers generate revenue, but do not ensure future availability of this water supply in the aquifer.
• Water Exchanges (also referred to as “in-lieu”): defined as passively storing water in the aquifer by agreeing to supply water to neighboring agencies in exchange for their reduction of water consumption from the aquifer. In other words, conserving water levels in the aquifer without injecting water to it. Water left in the aquifer (minus losses) becomes available to the City during future drought.

KJ will document the benefits and limitations of existing regional interconnections, including recent efforts by SVWD, in conjunction with the City, to obtain a grant to design and construct a joint pipeline between SVWD and the City of Santa Cruz. Operational considerations to implement water transfers and exchanges in synergy with existing facilities will be identified through discussions with City staff and outside consultants, who are currently looking at potential opportunities to implement transfers with SqCWD and SVWD. This task will focus on leveraging existing infrastructure to facilitate supplemental supplies. If appropriate, operational costs to allow for transfers and exchanges will be estimated based on energy use and existing rate structures.

The KJ team will meet with City staff that are currently looking at operational limitations for water transfers and exchanges, and participate in meetings with City operational staff, SqCWD and/or SVWD to assess benefits and limitations.

Task 11.3 Assumptions:
• Up to three (3) 1-hour meetings assumed with City’s water operators or others as requested by

18.11 Heidi Luckenbach
Santa Cruz Water Department
27 January 2022

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• City will provide results from hydraulic modeling, if needed, to evaluate the water transfers and exchanges. This task does not include developing new hydraulic models. • KJ will utilize the cost estimates included in the grant application for the intertie between SVWD and the City of Santa Cruz.
• No additional engineering analysis will be required for water transfer and exchanges. This task is intended to summarize current ongoing regional efforts by the water districts and describe infrastructure proposed by those alternatives.
• Additional budget will be required if additional intertie route variations or if a connection to San Lorenzo Valley needs to be evaluated.
• Hydraulic constraints and operational constraints to be evaluated and provided by City.

Task 11.3 Deliverables:
• Meeting agendas, supporting materials, and meeting notes (Electronic PDF). • WSAIP Admin Draft Section 4 – In Lieu Water Exchanges and Transfers Task 11.4 – Recycled Water - Seawater Intrusion Barrier Non-potable and potable reuse opportunities for the City are being explored as part Tasks 3. This Task will focus on the incorporation of a new seawater intrusion barrier alternative in the Mid County Groundwater basin (MCGB). The seawater intrusion barrier would utilize purified water produced at the new Pure Water Soquel Chanticleer facility for injection in the MCGB within the City’s service area to protect the groundwater basin. KJ will work with the groundwater modeling team to explore hydrogeological considerations for the location and capacity of seawater intrusion wells and the impact/benefit to the groundwater basin. This alternative can be evaluated as a stand-alone project or in conjunction with Aquifer Storage and Recovery (ASR) activities.

Additional efforts to explore new regional opportunities to produce and use recycled water in partnership with SqCWD and SVWD that are beyond the original scope of the Phase 2 RWFS can be completed as part of this task. KJ will evaluate additional infrastructure required to implement new recycled water alternatives and prepare cost estimates for facilities and operations of recycled water facilities.

The Phase 2 RWFS will be included as an appendix to the WSAIP report. KJ will summarize the recycled water concepts and preferred recycled water alternatives for inclusion in Section 6 of the WSAIP report as part of this task.

Task 11.4 Assumptions:
• Additional analysis required to integrate the recycled water alternatives and findings to the WSAIP report.
• Effort associated with new seawater intrusion barrier alternative.

18.12 Heidi Luckenbach
Santa Cruz Water Department
27 January 2022

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Task 11.4 Deliverables:
• WSAIP Admin Draft Section 6 – Recycled Water
Task 11.5– Desalination
This task will summarize previous reports prepared for the City to evaluate the feasibility of using desalination to augment water supply. Prior studies of facility requirements and costs will be referenced and updated to reflect 2022 dollars, Class 5 level (see Table 1). KJ will review current policies and regulations related to desalination and summarize how they may impact this alternative.

Table 1. AACE Cost Estimate Classification Matrix.

If appropriate, prior studies may be included as an appendix to the WSAIP report. KJ will summarize the desalination concepts for inclusion in Section 7 of the WSAIP report as part of this task.

18.13 Heidi Luckenbach
Santa Cruz Water Department
27 January 2022

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Santa Cruz City CouncilFebruary 8, 2022

Santa Cruz City Council
February 8, 2022