Santa Cruz City Council
May 10, 2022

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

CITY COUNCIL AGENDA
Regular Meeting – May 10, 2022
12:30 P.M. CLOSED SESSION, COUNCIL CHAMBERS/ZOOM
2:00 P.M. CONSENT, CONSENT PUBLIC HEARINGS, PUBLIC HEARING, AND GENERAL

BUSINESS, COUNCIL CHAMBERS/ZOOM
7:00 P.M. ORAL COMMUNICATIONS AND GENERAL BUSINESS, COUNCIL

CHAMBERS/ZOOM
IMPORTANT NOTICE:

Pursuant to California Government Code 54953(e)(1)(A) and (C), and the City of Santa Cruz’s resolution authorizing continued virtual participation in public meetings given the COVID-19 pandemic, meetings of the Santa Cruz City Council are being conducted with a hybrid format, providing both in-person and virtual participation in order to promote social distancing and protect the health and safety of attendees, staff, and Councilmembers.

In order to minimize exposure to COVID-19, 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/councilmeetings  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 3 minutes.

Correspondence to be included in the agenda packet must be received by 5:00 pm on Monday, May 9th.

May 10, 2022 City Council 2
PLEASE NOTE:
 Councilmembers may participate in-person or virtually.  In-person attendees will be required to show proof of vaccination before entry.  Be mindful of those around you, and maintain 3-feet social distancing. Masks are recommended.
 Requests for extra speaking time on items other than Oral Communications must be made by 5:00 p.m. on Sunday, May 8th 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 Cal-Relay 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
12:30 PM
Closed Session

1. Conference with Labor Negotiators (Government Code §54957.6) SEIU Temporary Employees
SEIU Service Employees
Mid Managers, OE3
Supervisors, OE3
Fire Management
Fire, IAFF
Police Management
Police Officers Association
Executives
City Negotiator - Lisa Murphy
May 10, 2022 City Council 3
Closed Session (continued)

2. Conference with Legal Counsel – Anticipated Litigation (Government Code §54956.9(d)(2))
Significant exposure to litigation (1 potential case to be discussed) May 10, 2022 City Council 4
City Council
2:00 PM
Call to Order
Roll Call
Presentations

3. Mayoral Proclamation Declaring May 15 through May 21, 2022 as National Public Works Week

4. Update on the Downtown Library Affordable Housing Project

5. Mayoral Proclamation Declaring May 11 through May 17, 2022, as National Police Week
The below presentation will occur at or around 4:00 p.m.

6. Hans Christian Andersen Contest Awards
Presiding Officer's Announcements
Statements of Disqualification
Additions and Deletions
City Attorney Report on Closed Session
City Manager Report

7. The City Manager will report and provide updates on the City's business and events of interest.

May 10, 2022 City Council 5
Council Meeting Calendar

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

Consent Agenda

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

10. 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.

11. 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.

12. Minutes of the April 26, 2022 City Council Meeting (CC) Motion to approve as submitted.

13. Fees Associated with Sidewalk Vending Ordinance Administration and Enforcement (CM)
Motion to:
1) Adopt a resolution authorizing the Director of Parks and Recreation to establish and regulate a parks vending permit fee; and 2) Adopt a resolution authorizing the City to establish and regulate sidewalk vending impoundment fees.

May 10, 2022 City Council 6
Consent Agenda (continued)

14. CA State Library; Building Forward Library Infrastructure Grant Resolution (ED)
Resolution authorizing the submission of the California State Library Building Forward: Library Infrastructure Grant Program application and the acceptance, if awarded, of the grant and authorization for the City Manager to execute the related grant agreement, in a form approved by the City Attorney.

15. Resource Recovery Facility Household Hazardous Waste Collection Facility Upgrade Project (c402202)– Budget Adjustment (PW) Resolution amending the FY 2022 budget by transferring funds from the Landfill Master Plan Development Project (c401909) in the amount of $250,000 to the Resource Recovery Facility Household Hazardous Waste Collection Facility Upgrade Project (c402202).

16. Monterey Bay Sanctuary Scenic Trail (Rail Trail) – Segment 7 (c401413) – Budget Adjustment and Cooperative Agreement Amendment No. 2 (PW)
Resolution amending the FY 2022 budget to appropriate funds in the amount of $2,960,800 to award the construction contract for the Monterey Bay Sanctuary Scenic Trail (Rail Trail) Segment 7 Phase 2 project (c401413), and authorize the City Manager to execute a Cooperative Agreement Amendment No. 2 with the Santa Cruz County Regional Transportation Commission (RTC), in a form approved by the City Attorney. The Public Works Director is authorized to execute change orders within the approved project budget.

17. Circle of Friends Community LLC. (111 Errett Circle) Tract No.1611 – Approve Final Map (PW)
Resolution approving the Final Map for Circle of Friends Community LLC. Subdivision (111 Errett Circle) - Tract No. 1611, and authorizing and directing the City Manager to execute the Subdivision Agreement in a form approved by the City Attorney.

May 10, 2022 City Council 7
Consent Agenda (continued)

18. Monterey Bay Sanctuary Scenic Trail (Rail Trail) – Segments 8 and 9 (c401804) – Schematic Plans and Cooperative Agreement (PW) Motion to approve the Interim and Ultimate Trail Schematic Plans for Rail Trail Segments 8 and 9, direct staff to complete final plans for the Ultimate Trail Configuration, and authorize the City Manager to execute a Cooperative Agreement with Santa Cruz County Regional Transportation Commission (RTC), in a form acceptable to the City Attorney. The Public Works Director is authorized to execute change orders within the approved project budget.

19. Recycling Center Storm Water Quality Improvements (c402111) – Award Contract (PW)
Motion to approve a contract modification and change order with Clear Creek Systems, Inc. (Bakersfield, CA), for providing stormwater treatment system rental at the Resource Recovery Facility Recycling Center. 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.

20. Cayuga Street Striping Improvements (m400029) – Budget Adjustment (PW)
Motion to:
1) Adopt a resolution amending the FY 2022 budget to appropriate funds in the amount of $100,000 to install striping improvements on Cayuga Street (m400029); and
2) Approve the Cayuga Street Striping Improvement Plan.

21. Civic Auditorium and Harvey West Pool Mechanical Improvements (m609195) – Notice of Completion (PW)
Motion to accept the work of George H. Wilson, Inc. (Santa Cruz, CA) and to authorize the filing of the Notice of Completion for the Civic Auditorium and Harvey West Pool Mechanical Improvements Project (m609195).

May 10, 2022 City Council 8
Consent Agenda (continued)

22. Newell Creek Pipeline Improvement Project – Final Environmental Impact Report and Project Approval (WT)
Motion to:
1) Adopt a resolution certifying the Final Environmental Impact Report for the Newell Creek Pipeline Improvement Project; and
2) Adopt a resolution adopting the Findings of Fact, Statement of Overriding Considerations, and a Mitigation, Monitoring, and Reporting Program and approving the Newell Creek Pipeline Improvement Project.

23. 2022 Pavement Restoration Project – Authorization to Advertise and Award (WT)
Motion to approve plans and specifications for the 2022 Pavement Restoration Project, authorize staff to advertise for bids, and authorize the Water Director to execute change orders within the approved project budget. The City Manager is hereby authorized and directed to execute the contract, in a form approved by the City Attorney, and as authorized by Resolution No. NS-27,563.

End Consent Agenda
Consent Public Hearings

24. 2nd Reading and Final Adoption of Ordinance No. 2022-07 Municipal Code Amendments Relating to Small Cell Wireless Telecommunications Facilities Responding to Modifications Requested by the California Coastal Commission (PL)
Motion to adopt Ordinance No. 2022-07 amending Chapters 24.04 and

24.12 of the Municipal Code related to small cell wireless telecommunications facilities in response to action by the California Coastal Commission.

May 10, 2022 City Council 9
Consent Public Hearings (continued)

25. 2nd Reading and Final Adoption of Ordinance No. 2022-08 A20-0008:

Slope Regulation Ordinance Amendments to Chapters 18.45, 24.04,

24.08, 24.14, and 24.22 of the Santa Cruz Municipal Code (PL) Motion to adopt Ordinance No. 2022-08 amending Chapters 18.45,

24.04, 24.08, 24.14, and 24.22 of the Santa Cruz Municipal Code (SCMC), and acknowledging the addendum to the 2030 General Plan certified Environmental Impact Report (EIR).

26. 2nd Reading and Final Adoption of Ordinance No. 2022-09 AB 481 Military Equipment Use (PD)
Motion to adopt Ordinance No. 2022-09 adding Chapter 9.90 AB 481 Military Equipment Use to the City of Santa Cruz Municipal Code (“SCMC”).

27. 2022-2023 HUD Action Plan and 2021-2022 HOME-ARP Plan (ED) Motion to:
1) Adopt a resolution for the 2022-2023 Annual Action Plan (AAP) and 2021-2022 HOME-ARP Plan (HRP) and funding recommendations for the City’s Housing and Community Development Program, direct staff to submit the AAP and HRP to HUD, and authorize the City Manager to sign an application for federal funding assistance for the 2022-2023 and 2021-2022 program years; and
2) Authorize appropriating funds for the FY 2023 budget; and 3) Authorize the City Manager to execute program/project contracts, loan agreements and related loan documents with Community Development Block Grant (CDBG) and HOME Investment Partnerships Program (HOME) sub-recipients and contractors in connection with Consolidated Plan activities proposed in the 2022-2023 Action Plan and any subsequent revisions to the 2022-2023 Action Plan and 2021-2022 HOME-ARP Plan and corresponding FY 2023 budget appropriations in a form approved by the City Attorney.

May 10, 2022 City Council 10
Public Hearing

28. 2nd Reading and Final Adoption of Ordinance No. 2022-06 Adopting a Final Seven-District Map (CN)
Motion to adopt Ordinance No. 2022-06 adopting a final seven-district map and establishing a sequence of elections to establish district-based Councilmember elections commencing in November 2022.

General Business

29. Transportation and Public Works Commission (TPWC) Appointment (CC) Motion to appoint one member to the Transportation and Public Works Commission, with a term ending January 31, 2024.

30. Re-Envision Santa Cruz (Interim Recovery Plan) Update and Draft Citywide Work Plan (CM)
Motion to:
1) Accept the City’s most recent quarterly progress reports on ReEnvision Santa Cruz, a 12-18 month interim recovery plan, and provide feedback as desired; and
2) Review a draft two-year citywide work plan to bridge the transition from Re-Envision Santa Cruz and a new City strategic plan to be developed in early calendar year 2023.

Recess - The City Council will recess to the 7:00 p.m. session.

May 10, 2022 City Council 11
City Council
7:00 PM
Call to Order
Roll Call
Oral Communications Announcement – Community members may address the Council for three 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.

Oral Communications
General Business
Please note: Public Comment for the below item will be limited to 2 minutes per speaker.

31. Homelessness Response Quarterly Update (CM)
Motion to:
1) Receive updates regarding Council-directed homelessness response programs and services, including Council-requested Homelessness Response Action Plan implementation details, objectives, and outcomes; and
2) Adopt resolution amending the Classification and Compensation Plans by administratively implementing staffing to support the City’s new Homelessness Response Action Plan and appropriate funds for the positions from the State of California $14 million and the General Fund; and
3) Authorize staff to pursue purchasing options and appropriate funds for the services identified in the expenditure plan for the State of California $14 million including: County Mental Health Liaison, land and resource management services, legislative advocacy, planning and proposal development, and vehicle abatement, and return to Council as needed, consistent with standard purchasing procedures.

Adjournment
May 10, 2022 City Council 12

INFORMATION ITEMS PREVIOUSLY DISTRIBUTED TO CITY COUNCILMEMBERS ADDENDUM TO CITY COUNCIL AGENDA – MAY 10, 2022

32. City Manager: Quarterly Grant Report – Fiscal Year 2022 as of March 31, 2022 - 5/2/22 (CMFYI 261)

33. Finance Department: Portfolio Management Report – Pooled Cash and Investments as of March 31, 2022 - 4/26/22 (FNFYI 353)

MAYOR'S PROCLAMATIONS
ADDENDUM TO CITY COUNCIL AGENDA – MAY 10, 2022

34. Proclaiming the week of May 1–7, 2022 as “Professional Municipal Clerks Week” in recognition of the exemplary dedication to public service and extend appreciation to our City Clerk Bonnie Bush, Deputy City Clerk Julia Wood, and the staff of the City of Santa Cruz City Clerk’s Office.

35. Proclaiming the month of May 2022 as “Affordable Housing Month,” along with other local leaders in the greater San Francisco and Monterey Bay area regions.

36. Proclaiming Friday, April 29, 2022 as “Santa Cruz World Surfing Reserve Day” and encouraging all citizens to join in celebrating its 10th Anniversary.

37. Proclaiming the month of May 2022 as “Affordable Housing Month” and encouraging all residents to participate in constructive discussion about solutions to our affordable housing crisis and get involved in implementing those solutions.

May 10, 2022 City Council 13
MAYOR'S PROCLAMATIONS (continued)

38. Proclaiming April 30, 2022 as “Elizabeth Hammack Day” and encouraging all citizens to join in celebrating her on her retirement and acknowledging that her deep understanding of the importance of connecting people to parks has fostered a positive connection between the people of Santa Cruz and the local natural and cultural heritage found right outside their doorsteps.

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

Historic Preservation Commission One opening
Sister Cities Committee Two openings
Parks and Recreation Commission One Opening
County Latino Affairs Commission One opening
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.

May 10, 2022 City Council 14
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.

NATIONAL PUBLIC WORKS WEEK MAY 15-21
CITY PROJECT TOURS 12:30 to 1:30 pm
Want to Tour a
Construction Site?
cityofsantacruz.com/publicworks
Tues, May 17
West Cliff Storm
Repair Project
Meet on bluff side of
West Cliff Drive at
Swanton Ave
Wed, May 18
Highway 1/9
Intersection
Improvements
Project
Park in Ross lot and
walk to sidewalk
SE project corner
Thurs, May 19
Trevethan Avenue
Storm/Sewer
Project
Meet at intersection
of Marnell Ave and
Melrose Ave
Youth under 18 must be accompanied by an adult

3.1 3.2

3.3 3.4

3.5 3.6

3.7 3.8

3.9 3.10

3.11 3.12

3.13 3.14

3.15 3.16

3.17 3.18

3.19 3.20

3.21 3.22

3.23 3.24

3.25 3.26

3.27 3.28

3.29 3.30

3.31 3.32

3.33 3.34

3.35 3.36

3.37 JAYSON

ARCHITECTURE
50 29th Street
San Francisco CA 94110
jaysonarch.com +
+
Library Schematic Design City Council Meeting

SANTA CRUZ DOWNTOWN LIBRARY

MIXED USE PROJECT

4.1 JAYSON

ARCHITECTURE
50 29th Street
San Francisco CA 94110
jaysonarch.com
JAYSON

ARCHITECTURE
50 29th Street
San Francisco CA 94110
jaysonarch.com

SANTA CRUZ DOWNTOWN LIBRARY

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JAYSON
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San Francisco CA 94110

SANTA CRUZ DOWNTOWN LIBRARY

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JAYSON
ARCHITECTURE ++ 50 29th Street
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ABE JAYSON
Architect
Principal-in-Charge

KATIE STUART
Architect
Associate, Project Manager

YOLANDE WILBURN
Librarian
Library Director

BONNIE LIPSCOMB
Economic Development
Executive Director

PROJECT TEAM MEMBERS

4.2 SANTA CRUZ DOWNTOWN LIBRARY

MIXED USE PROJECT
JAYSON
ARCHITECTURE ++ 50 29th Street
San Francisco CA 94110

SANTA CRUZ DOWNTOWN LIBRARY

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JAYSON
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San Francisco CA 94110

CONTENTS
I. SCHEMATIC DESIGN
II. COMMUNITY FEEDBACK
III. BUDGET & SCHEDULE

4.3 I.

SCHEMATIC DESIGN

4.4 1
2 6
3 7
4 8
5 9
10 N
2 2
5 3
4 3
6 9
7 7
7 7
10 10
10 10
8 8 8 8
7 7
8 1

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JAYSON
ARCHITECTURE ++ 50 29th Street
San Francisco CA 94110

SANTA CRUZ DOWNTOWN LIBRARY

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JAYSON
ARCHITECTURE ++ 50 29th Street
San Francisco CA 94110

SITE PLAN

LIBRARY ENTRY

SHORT TERM DROP OFF LIBRARY ROOF DECK

HOUSING ENTRY HOUSING ROOF DECK

COMMERCIAL ENTRY SOLAR PANELS

GARAGE ENTRY GREEN ROOF

STREET TREES

LINCOLN

CATHCART
CEDAR

4.5 ADULT

PUBLIC/LOBBY

CHILDREN/TEEN

MEETING
STAFF

RESTROOM

SUPPORT

PARKING/COMMERCIAL
N
0' 4' 8' 16'
5 9 13
6 10 14
7 11 15
8 12 16
2 1
3 4

DAYCARE

COMMERCIAL

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JAYSON
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San Francisco CA 94110

SANTA CRUZ DOWNTOWN LIBRARY

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JAYSON
ARCHITECTURE ++ 50 29th Street
San Francisco CA 94110

CHILDREN'S/ TEEN'S

PUBLIC/ LOBBY

ADULT'S

MEETING
STAFF

RESTROOM

SUPPORT

PARKING/ COMMERCIAL

CEDAR STREET ENTRY ELEVATOR

BOOK RETURN/ SELF CHECK RESTROOMS

INFO DESKS MEETING ROOM

MAIN STAIR CHILDREN'S COLLECTION

PUBLIC PARKING GARAGE

AFTER HOURS BOOK DROP

PARKING GARAGE ENTRY

SECURE BIKE PARKING

FIRST FLOOR
STAFF

LOADING DOCK
11 1
7 7
11 9
8 2
15 5 4
3 13
13 6
12 10 14
16 10

4.6 N
0' 4' 8' 16'
ADULT

PUBLIC/LOBBY

CHILDREN/TEEN

MEETING
STAFF

RESTROOM

SUPPORT

PARKING/COMMERCIAL
5 9 13
6 10 14
7 11 15
8 12 16
2 1
3 4
9 7 14
4 8 8 8
15 3
13 16
6 1
2 12
10 10
5 5
11 11

SANTA CRUZ DOWNTOWN LIBRARY

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JAYSON
ARCHITECTURE ++ 50 29th Street
San Francisco CA 94110

SANTA CRUZ DOWNTOWN LIBRARY

MIXED USE PROJECT
JAYSON
ARCHITECTURE ++ 50 29th Street
San Francisco CA 94110

SECOND FLOOR

STAIR TO MEZZANINE

MECHANICAL

PARKING

COMMERCIAL

INFO DESKS LIFE LITERACIES

COMPUTER/ TECHNOLOGY FICTION

TEEN NON-FICTION

GROUP STUDY ROOMS GENEALOGY / LOCAL HISTORY

OPEN TO BELOW

MAIN STAIR

ELEVATOR

RESTROOM

CHILDREN'S/ TEEN'S

PUBLIC/ LOBBY

ADULT'S

MEETING
STAFF

RESTROOM

SUPPORT

PARKING/ COMMERCIAL

4.7 N
0' 4' 8' 16'
ADULT

PUBLIC/LOBBY

CHILDREN/TEEN

MEETING
STAFF

RESTROOM

SUPPORT

PARKING/COMMERCIAL
2 4
11 11 11
8 12
7 9
8 1
3 1 5
6 10
7 8
9 10
11 12
2 3
1 4
5 6

SANTA CRUZ DOWNTOWN LIBRARY

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JAYSON
ARCHITECTURE ++ 50 29th Street
San Francisco CA 94110

SANTA CRUZ DOWNTOWN LIBRARY

MIXED USE PROJECT
JAYSON
ARCHITECTURE ++ 50 29th Street
San Francisco CA 94110

ROOF DECK / MEZZANINE

SHADED LIBRARY DECK

SUNNY LIBRARY DECK
TREES

GREEN ROOF

RESIDENTIAL

RESIDENTIAL ROOF DECK

STAIR TO SECOND FLOOR OPEN TO BELOW

ELEVATOR

MEZZANINE

ART GALLERY
PIANO

CHILDREN'S/ TEEN'S

PUBLIC/ LOBBY

ADULT'S

MEETING
STAFF

RESTROOM

SUPPORT

PARKING/ COMMERCIAL

4.8 SUSTAINABILITY GOALS

NATIVE HABITAT GREEN ROOF

ALL ELECTRIC

DAYLIGHTING

SOLAR ENERGY

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San Francisco CA 94110

ZNE LIBRARY

4.9 SANTA CRUZ DOWNTOWN LIBRARY

MIXED USE PROJECT
JAYSON
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San Francisco CA 94110

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NATURAL CONTEXT

4.10 SANTA CRUZ DOWNTOWN LIBRARY

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San Francisco CA 94110

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JAYSON
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San Francisco CA 94110

NATURAL CONTEXT

4.11 SANTA CRUZ DOWNTOWN LIBRARY

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JAYSON
ARCHITECTURE ++ 50 29th Street
San Francisco CA 94110

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JAYSON
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San Francisco CA 94110

MATERIALITY

4.12 SANTA CRUZ DOWNTOWN LIBRARY

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JAYSON
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San Francisco CA 94110

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JAYSON
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San Francisco CA 94110

CEDAR & LINCOLN VIEW

4.13 SANTA CRUZ DOWNTOWN LIBRARY

MIXED USE PROJECT
JAYSON
ARCHITECTURE ++ 50 29th Street
San Francisco CA 94110

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MIXED USE PROJECT
JAYSON
ARCHITECTURE ++ 50 29th Street
San Francisco CA 94110

CEDAR & CATHCART VIEW

4.14 SANTA CRUZ DOWNTOWN LIBRARY

MIXED USE PROJECT
JAYSON
ARCHITECTURE ++ 50 29th Street
San Francisco CA 94110

SANTA CRUZ DOWNTOWN LIBRARY

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JAYSON
ARCHITECTURE ++ 50 29th Street
San Francisco CA 94110

CEDAR VIEW

4.15 SANTA CRUZ DOWNTOWN LIBRARY

MIXED USE PROJECT
JAYSON
ARCHITECTURE ++ 50 29th Street
San Francisco CA 94110

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JAYSON
ARCHITECTURE ++ 50 29th Street
San Francisco CA 94110

LOBBY VIEW

4.16 SANTA CRUZ DOWNTOWN LIBRARY

MIXED USE PROJECT
JAYSON
ARCHITECTURE ++ 50 29th Street
San Francisco CA 94110

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JAYSON
ARCHITECTURE ++ 50 29th Street
San Francisco CA 94110

CHILDREN'S INSPIRATION

4.17 SANTA CRUZ DOWNTOWN LIBRARY

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JAYSON
ARCHITECTURE ++ 50 29th Street
San Francisco CA 94110

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JAYSON
ARCHITECTURE ++ 50 29th Street
San Francisco CA 94110

CHILDREN'S VIEW

4.18 SANTA CRUZ DOWNTOWN LIBRARY

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JAYSON
ARCHITECTURE ++ 50 29th Street
San Francisco CA 94110

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JAYSON
ARCHITECTURE ++ 50 29th Street
San Francisco CA 94110

VIEW TOWARDS MEZZANINE

4.19 SANTA CRUZ DOWNTOWN LIBRARY

MIXED USE PROJECT
JAYSON
ARCHITECTURE ++ 50 29th Street
San Francisco CA 94110

SANTA CRUZ DOWNTOWN LIBRARY

MIXED USE PROJECT
JAYSON
ARCHITECTURE ++ 50 29th Street
San Francisco CA 94110
2ND FLOOR VIEW

4.20 SANTA CRUZ DOWNTOWN LIBRARY

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JAYSON
ARCHITECTURE ++ 50 29th Street
San Francisco CA 94110

SANTA CRUZ DOWNTOWN LIBRARY

MIXED USE PROJECT
JAYSON
ARCHITECTURE ++ 50 29th Street
San Francisco CA 94110

MEZZANINE VIEW

4.21 SANTA CRUZ DOWNTOWN LIBRARY

MIXED USE PROJECT
JAYSON
ARCHITECTURE ++ 50 29th Street
San Francisco CA 94110

SANTA CRUZ DOWNTOWN LIBRARY

MIXED USE PROJECT
JAYSON
ARCHITECTURE ++ 50 29th Street
San Francisco CA 94110

ROOF DECK VIEW

4.22 II.

COMMUNITY FEEDBACK

4.23 SANTA CRUZ DOWNTOWN LIBRARY

MIXED USE PROJECT
JAYSON
ARCHITECTURE ++ 50 29th Street
San Francisco CA 94110

SANTA CRUZ DOWNTOWN LIBRARY

MIXED USE PROJECT
JAYSON
ARCHITECTURE ++ 50 29th Street
San Francisco CA 94110

SCHEMATIC DESIGN QUESTIONS

HOW DOES THE LIBRARY DESIGN PRESENTED TONIGHT
ADDRESS THE WAY YOU WOULD USE THE BUILDING?

HOW DOES THE LIBRARY DESIGN PRESENTED TONIGHT
FIT HOW YOU THINK A LIBRARY SHOULD LOOK?

HOW DOES THE LIBRARY DESIGN ALIGN WITH YOUR
GOALS FOR THE SUSTAINABILITY OF THE LIBRARY?

WHAT IS ONE QUESTION YOU STILL HAVE
REGARDING THE LIBRARY DESIGN?
1 2
3 4
bit.ly/downtownlibrary

4.24 SANTA CRUZ DOWNTOWN LIBRARY

MIXED USE PROJECT
JAYSON
ARCHITECTURE ++ 50 29th Street
San Francisco CA 94110

SANTA CRUZ DOWNTOWN LIBRARY

MIXED USE PROJECT
JAYSON
ARCHITECTURE ++ 50 29th Street
San Francisco CA 94110

FEEDBACK THEMES
KEY THEMES WERE APPARENT IN THE SURVEY RESPONSES:
• QUESTION #1 (USE): MULTIPLE RESPONSES EXPRESSED

EXCITEMENT ABOUT THE DIVERSITY OF USES, IN PARTICULAR THE

STUDY ROOMS AND ROOF DECK
• QUESTION #2 (APPEARANCE): APPRECIATION WAS INDICATED

FOR THE ABUNDANCE OF DAYLIGHT & CONTEMPORARY DESIGN
• QUESTION #3 (SUSTAINABILITY): RESPONDENTS REPEATEDLY

CITED THE TARGET OF ZERO NET ENERGY AS INSPIRING
• QUESTION#4 (QUESTION): MULTIPLE PEOPLE ASKED SOME
VARIATION OF "WHEN DOES IT OPEN?" AND "HOW CAN I HELP?"

4.25 SANTA CRUZ DOWNTOWN LIBRARY

MIXED USE PROJECT
JAYSON
ARCHITECTURE ++ 50 29th Street
San Francisco CA 94110

SANTA CRUZ DOWNTOWN LIBRARY

MIXED USE PROJECT
JAYSON
ARCHITECTURE ++ 50 29th Street
San Francisco CA 94110

FEEDBACK THEMES

WE RECEIVED CONSTRUCTIVE FEEDBACK & QUESTIONS REGARDING THE FOLLOWING TOPICS:
• AFTERNOON GLARE:
• DESIGN STRATEGY: MOTORIZED SHADES WILL BE

PROVIDED AT ALL WINDOWS
• GREEN ROOF MAINTENANCE:
• DESIGN STRATEGY: THE LIVING ROOF PLANTING WILL BE

NATIVE & DROUGHT TOLERANT
• COLLECTIONS:
• DESIGN STRATEGY: THE LIBRARY IS WORKING WITH THE

DESIGN TEAM TO CREATE THE BEST COLLECTION FOR THE
PUBLIC

4.26 III.

BUDGET & SCHEDULE

4.27 SANTA CRUZ DOWNTOWN LIBRARY

MIXED USE PROJECT
JAYSON
ARCHITECTURE ++ 50 29th Street
San Francisco CA 94110

SANTA CRUZ DOWNTOWN LIBRARY

MIXED USE PROJECT
JAYSON
ARCHITECTURE ++ 50 29th Street
San Francisco CA 94110

LIBRARY BUDGET

UPDATED SOURCES AND USES FOR THE LIBRARY PROJECT
• CURRENT ESTIMATE BASED ON SCHEMATIC DESIGN PHASE
• REPRESENTS FULL COSTS OF DELIVERING THE PROJECT
• INCLUDES SOFT COSTS
• INCLUDES FIXTURES, FURNITURE AND EQUIPMENT (FF&E)
• LIBRARY IS NOW 3,000 SQ FT LARGER THAN IN EARLIER

CONCEPTUAL DESIGN PHASE

4.28 SANTA CRUZ DOWNTOWN LIBRARY

MIXED USE PROJECT
JAYSON
ARCHITECTURE ++ 50 29th Street
San Francisco CA 94110

SANTA CRUZ DOWNTOWN LIBRARY

MIXED USE PROJECT
JAYSON
ARCHITECTURE ++ 50 29th Street
San Francisco CA 94110

LIBRARY SOURCES AND USES

PROJECT SOURCES PROJECT USES
Measure S Library Funding $25,500,000 1 Shell and Core $8,300,000 Building Forward California State Library Grant $10,000,000 2 TIs $24,014,097 Friends of Santa Cruz Library FF&E $2,000,000 Total Hard Costs $32,314,097 Total $37,500,000 Soft Costs $7,671,784
Base Gap ($2,485,881) Total Base Cost $39,985,881 3
Base + Alts Gap ($5,073,876) Alts $2,587,995 4
GAP SOURCES 5 Total Base + Alts $42,573,876
AHSC, IIG, EPIC $5-10M
1 Measure S Funding may increase after project close outs for the Branciforte and Garfield branches 2 Grant submitted, pending approval
3 Base Cost Includes FF&E
4 Alts include Roof Deck Patio TIs and Zero Net Energy/PV System 5 Gap Strategies beyond grants above include additional fundraising for alts (roof deck TIs, PVs), value engineering and/or decreasing library size from 38K+ to 35K

4.29 SANTA CRUZ DOWNTOWN LIBRARY

MIXED USE PROJECT
JAYSON
ARCHITECTURE ++ 50 29th Street
San Francisco CA 94110

SANTA CRUZ DOWNTOWN LIBRARY

MIXED USE PROJECT
JAYSON
ARCHITECTURE ++ 50 29th Street
San Francisco CA 94110
Renovation
2019 Study
(Base + Alts)
Renovation
Escalated/Temp
(Base + Alts)**
Mixed Use
Project
(Base)
Mixed Use
Project
(Base + Alts)***
Comparable
Ground-Up
Projects ROM

1. Square Footage 30,230 30,230 38,086 38,086 38,086

2. Construction Hard Costs $23,094,000 * $25,724,840 $24,014,097 $26,366,820 $50,463,950

3. Soft Cost % 49%* 49% 32% 30% 40%

4. Soft Costs $11,201,260 * $12,476,547 $7,671,784 $7,907,056 $20,185,580

5. Construction Hard + Soft Costs $34,295,260 * $38,202,133 $31,685,881 $34,273,876 $70,649,530

6. Temp Library Costs Not Included * $2,103,750 Not Required Not Required Not Required

7. Core & Shell Costs Included * Included $8,300,000 $8,300,000 Included

8. Total Project Cost $34,295,260* $40,305,883 † $39,985,881 $42,573,876 $70,649,530 †

9. Cost per SF, Project $1,134* $1,333 $1,050 $1,118 $1,855

BUDGET COMPARISON
CLOSEST "APPLES TO APPLES"
* RENOVATION NUMBERS DO NOT CAPTURE COST FOR ESCALATION & TEMPORARY LIBRARY ** RENOVATION ALTS: CEILINGS, ACOUSTICS, PLANTING, INTERIOR & EXTERIOR FINISH IMPROVEMENTS *** MIXED USE ALTS: ZERO NET ENERGY & ROOF DECK PATIO
† DOEST NOT INCLUDE +/- $2 MILLION ENCUMBERED MIXED USE PROJECT COSTS THROUGH 2022

4.30 2012
2013201420152016201720182019202020212022202320242025
2026

WE ARE HERE
MASTER
PLAN

MEASURE S
PASSES

PROGRAMMING

ORGANIZE FOR

BOND MEASURE

MIXED USE

ASSESSMENT

NEXT DESIGN UPDATE

ENGAGE PROFESSIONAL

CONSULTANTS

EVALUATE

OPTIONS

CONSTRUCTION

PERMITTING &

BIDDING

DESIGN &

ENGINEERING

FINALIZE PROJECT
SCOPE

RENOVATION

ASSESSMENT

SELECT PROJECT
TEAM

COMMUNITY

FEEDBACK

SANTA CRUZ DOWNTOWN LIBRARY

MIXED USE PROJECT
JAYSON
ARCHITECTURE ++ 50 29th Street
San Francisco CA 94110

SANTA CRUZ DOWNTOWN LIBRARY

MIXED USE PROJECT
JAYSON
ARCHITECTURE ++ 50 29th Street
San Francisco CA 94110

NEXT STEPS

4.31 QUESTIONS?

4.32 1
City Manager’s Report
May 10, 2022

7.1 2
Sidewalk Vending
● Four weeks of outreach
& education
● Permits now available
● Enforcement begins on
Friday, May 13

7.2 3
HWY 1 & 9
● River Street Sign in
disrepair & no longer
usable and will be retired
● To be replaced in the
style of the Citywide
wayfinding system

7.3 4
Affordable Housing Groundbreaking
Pacific Station South &
Cedar Street Apartments
Thursday, May 19, 11 a.m.
• Begins at Pacific Station South
• Proceeds to 525 Cedar Street
• A final stop at the site of the
Library + Affordable Housing
Project site

7.4 5
Summer
Construction
• Highway 1/9
through July 2022
• West Cliff Path Storm Damage Repair
April-July 2022
• Trevethan Ave Storm/Sewer – Phase I
March-July 2022
• San Lorenzo Riverwalk Lighting Project
April-July 2022
• San Lorenzo River Lagoon Culvert
May-October 2022
• Murray Street Bridge
Sept. 2022-October 2025
• Coastal Rail Trail Segment 7
May 2022-May 2023

7.5 6

GENE BREGMAN & ASSOCIATES
Summary Charts of
Results from a Survey of Voters in
the Santa Cruz Water Department
400 Interviews
April 2022

7.6 7
Chart 1
Need for Additional Water
Today
Great Need
59%
Some Need
28%
Little
Need
4%
No
Need
2%
Need for Additional Water
in Future
No Opinion
7%
87%
Great Need
42%
Some Need
35%
Little
Need
7%
No
Need
6%
No Opinion
10%
77%

7.7 8
Chart 4
2022
A
68%
B
22%
No
Opinion
10%
Statement Coming Closer to Voter’s Opinion
2014
A
60%
B
35%
No
Opinion
6%
A
45%
B
47%
No Opinion
8%
A: We need to find new sources of water if we are going to solve our long-term water supply problems B: We can solve most of our long term water supply problems by just using less 2010

7.8 9
Evaluating Ways to Address Water Shortages: Excellent / Good Idea Chart 5
Store excess winter water, when available,
in underground aquifers to use at a later time
2022
2019
85%
82%
Explore uses for purified recycled water
for potable and non-potable purposes
2022
2019 70%
84%
Increasing mandatory water conservation
2022
2019
61%
65%
Use desalination to produce more water
2022
2019 50%
58%

7.9 10
Chart 8
StronglyAgree
60%
Somewhat
Agree
22%
Strongly
Disagree
8% Somewhat
Disagree
9%
Some Need for Additional Water
Is Result of ClimateChange
Climate Change vs. Too Much Growth & Development
No
Opinion
1%
Somewhat
Agree
27%
Strongly
Disagree
14%e
Somewhat
Disagree
18%
Some Need for Additional Water Is Result
of Too Much Growth & Development
No
Opinion
3%
Climate Change
49%
Growth &
Development
42%
Which
Has Had
Greater Effect
No
Opinion
9%
82%
17%
StronglyAgree
38%
65%
32%

7.10 11
Proportion Strongly Favoring
Uses of Purified Recycled Water
Chart 9
73%
65%
62%
59%
51%
45%
A
B
C
E
F
D
Home uses, like watering lawns
and washing clothes in the washing machine
Replenishing the groundwater supply
Supplementing other water sources
Watering public areas like parks,
landscaping and playgrounds
Supplying water for commercial
and industrial facilities
Bathing and hand washing

7.11 12
Overall Opinions of Using
Newest Technologies To Add Purified Recycled Water to
Drinking Water Supplies
Chart 10
0%
10%
20%
30%
40%
60%
50%
70%
80%
Initial Opinon Opinion After More Info
65%
77%
29%
18%
6% 5%
Favor
Oppose
No Opinion

7.12 13
Excellent / Good Overall Job Rating
For Santa Cruz Water Department
Chart 13
64%
62%
60%
66%
68%
70%
72%
2022 2019 2010
71%
64%
67%

7.13 Meeting Type
Holiday
Jewish Holiday
Regular Meeting
Special Meeting
Study Session (will be added as scheduled)
Budget Hearing
DATE Location Meeting Type
Council Chambers/Zoom Closed Session ‐ Closed to the Public Council Chambers/Zoom Council Regular Meeting ‐ Open to the Public May 24 and 25 Council Chambers/Zoom Budget Hearings
May 30
June 7 Council Chambers/Zoom 4:30 p.m. Council Special Meeting ‐ Open to the Public Council Chambers/Zoom Closed Session ‐ Closed to the Public Council Chambers/Zoom Council Regular Meeting ‐ Open to the Public Council Chambers/Zoom Closed Session ‐ Closed to the Public Council Chambers/Zoom Council Regular Meeting ‐ Open to the Public July 4
Council Chambers/Zoom Closed Session ‐ Closed to the Public Council Chambers/Zoom Council Regular Meeting ‐ Open to the Public Council Chambers/Zoom Closed Session ‐ Closed to the Public Council Chambers/Zoom Council Regular Meeting ‐ Open to the Public September 5
Council Chambers/Zoom Closed Session ‐ Closed to the Public Council Chambers/Zoom Council Regular Meeting ‐ Open to the Public September 25/26
Council Chambers/Zoom Closed Session ‐ Closed to the Public Council Chambers/Zoom Council Regular Meeting ‐ Open to the Public October 4/5
Council Chambers/Zoom Closed Session ‐ Closed to the Public Council Chambers/Zoom Council Regular Meeting ‐ Open to the Public Council Chambers/Zoom Closed Session ‐ Closed to the Public Council Chambers/Zoom Council Regular Meeting ‐ Open to the Public Council Chambers/Zoom Closed Session ‐ Closed to the Public Council Chambers/Zoom Council Regular Meeting ‐ Open to the Public November 11
Council Chambers/Zoom Closed Session ‐ Closed to the Public Council Chambers/Zoom Council Regular Meeting ‐ Open to the Public November 24
November 25
December 18/19
Council Chambers/Zoom Closed Session ‐ Closed to the Public Council Chambers/Zoom Council Regular Meeting ‐ Open to the Public December 25
City Council Meeting Calendar for 2022
November 22
December 13
City Hall Closure ‐ Thanksgiving Day
City Hall Closure ‐ Day After Thanksgiving Day
June 28
September 13
September 27
Please note: Meeting times are not final and are likely to change City Hall Closure ‐ Independence Day
June 14
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
December 27 Meeting Cancelled ‐ CITY COUNCIL DARK
City Hall Closure ‐ Christmas Day
Hanukkah (City observed ‐  sundown to sundown)
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)

8.1 City Council

AGENDA REPORT
DATE: 04/20/2022
AGENDA OF: 05/10/2022
DEPARTMENT: City Attorney
SUBJECT: Resolution Extending the Emergency Declaration in Connection with the COVID-19 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 after the Governor rescinded the restrictions, positive cases and hospitalizations began to rise locally and across the state due to the emergence of the highly contagious delta variant. Another COVID-19 variant, known as the omicron variant, emerged in late 2021. Due to being more highly transmissible than the delta variant, the omicron variant quickly became the dominant variant in California and throughout the United States, and resulted in an increase in local COVID-19 cases and hospitalizations. Although positive cases and hospitalizations have recently decreased, the nature of the pandemic is unpredictable and transmission rates have the potential to rise quickly. Further, other variants of COVID-19 exist, and it is unknown at this time whether such variants may result in a new surge in COVID-19 cases.

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 adopting Resolution No. NS-29,873, at its regular meetings of November 9, 2021, December 14,

9.1 2021, February 8, 2022, and March 22, 2022, by adopting Resolution Nos. NS-29,884, NS29,898, NS-29,924, and NS-29,941.

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 July 9, 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, the recommendation is 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:

Stephanie Duck
Deputy City Attorney
Submitted By:

Tony Condotti
City Attorney
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. RESOLUTION.DOCX

9.2 RESOLUTION NO. NS-XX,XXX

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 emergence of the highly contagious omicron variant caused an increase in positive cases and hospitalizations locally and throughout the State of California; and WHEREAS, although positive cases and hospitalizations attributable to the highly contagious omicron variant have decreased, the nature of the pandemic is unpredictable and case rates have the potential to rise quickly as the virus evolves; 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, at its regular meeting of February 8, 2022 by Resolution No. NS29,924, and at its regular meeting of March 22, 2022 by Resolution No. NS-29,941, 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 the emergency declaration at least once every sixty (60) days until it terminates the local emergency; and

9.3 RESOLUTION NO. NS-XX,XXX
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. NS-29,739, 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. NS-29,839, 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, at its December 14, 2021 regular meeting by Resolution No.

NS-29,898, at its February 8, 2022 regular meeting by Resolution No. NS-29,924, and at its regular meeting of March 22, 2022 by Resolution No. NS-29,941, 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 10th day of May 2022, by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

APPROVED: __________________________
Sonja Brunner, Mayor
ATTEST: ___________________________
Bonnie Bush
City Clerk Administrator

9.4 1
Rosemary Balsley
From: Garrett <[email protected]>
Sent: Thursday, May 05, 2022 6:11 PM
To: City Council
Subject: 5.10.22 Agenda Item # 9 Extending the Covid Emergency Declaration

5.10.22 Agenda Item # 9 Extending the Covid Emergency Declaration Dear Council,
I don't believe you get it yet. COVID will persist in less than emergency levels, but the COVID vaccine narrative, as well as many others, has been so thoroughly discredited by those that look at the real science and dare to publish it , the powers that be have stopped pushing it, and are going to let these vaccines and other mandates slowly sink into the abyss of silence without admitting to the atrocities of their mandates.

I won't bother to go into it since you obviously aren't paying attention. Get educated is my only advice. Getting 8 or 10 doses into everyone isn't going to happen. Getting young children vaxed against their parents and any sensible notion of real risk to them isn't flying any more.

There is not one iota of justification for an emergency in any of this trash resolution. I can't find any.

Covid is here to stay for awhile, and natural immunity will eventually diminish it's importance if we are lucky enough that the mRNA vaccines don't trash the natural immune system as they wear off their effectiveness.

Most people are not at risk of death, but all cause mortality is rising among the vaccinated despite the vaccines. Not good.

I cannot think of a benefit to myself personally of these continual emergency declarations. State one if you can.

Garrett Philipp - West side

9.5 City Council

AGENDA REPORT
DATE: 04/20/2022
AGENDA OF: 05/10/2022
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 “[m]ake and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such emergency,” also subject to confirmation by the City Council “at the earliest practicable time.” In view of the facts and circumstances described above, 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 meetings of December 8, 2020, January 26, 2021, March 9, 2021, April 27, 2021, and June 22, 2021, the Council adopted Resolution Nos. NS-29,750, NS-29,765, NS-29,781, NS-29-803, and NS-29,840, further extending the declaration of emergency by 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 meetings of November 9, 2021, December 14, 2021, February 8 2022, and March 22, 2022, the Council adopted Resolution Nos. NS-29,885,

10.1 NS-29,899, NS-29-925, and NS-29-940, 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 July 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, the recommendation is 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:

Stephanie Duck
Deputy City Attorney
Submitted By:

Tony Condotti
City Attorney
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. RESOLUTION.DOCX

10.2 RESOLUTION NO. NS-XX,XXX

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

10.3 RESOLUTION NO. NS-XX,XXX
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.

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; 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.

NS-29,765, extending the declaration of emergency to March 27, 2021; and WHEREAS, at its March 9, 2021 meeting, the City Council adopted Resolution No.

NS-29,781, extending the declaration of emergency to May 8, 2021; and WHEREAS, at its April 27, 2021 meeting, the City Council adopted Resolution No.

NS-29,803, extending the declaration of emergency to June 26, 2021; and WHEREAS, at its June 22, 2021 meeting, the City Council adopted Resolution No.

NS-29,840, 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, at its February 8, 2022 regular meeting, the City Council adopted Resolution No. NS-29,925, extending the declaration of emergency for another 60 days; and WHEREAS, at its March 22, 2022 regular meeting, the City Council adopted Resolution No. NS-940, 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

10.4 RESOLUTION NO. NS-XX,XXX
3 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 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 readopted 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. NS-29,872, extended an additional 60 days at its regular meeting on November 9, 2021, December 14, 2021, February 8, 2022, and March 22, 2022, by Resolution Nos. NS-29,885, NS-29,899, NS-29,925, and NS-29,940, 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 10th day of May, 2022 by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

APPROVED: __________________________
Sonja Brunner, Mayor
ATTEST: ___________________________
Bonnie Bush, City Clerk Administrator

10.5 City Council

AGENDA REPORT
DATE: 04/28/2022
AGENDA OF: 05/10/2022
DEPARTMENT: City Attorney
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.1 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 (“CDPH”) requires that all individuals wear masks indoors in specific, high-risk settings.2 Further, the CDPH and the Santa Cruz County Health 1 Cal. Gov’t Code § 54953(e)(1)(A)-(C)
2 See CDPH, Guidance for the Use of Face Coverings (Updated February 28, 2022), https://www.cdph.ca.gov/Programs/CID/DCDC/Pages/COVID-19/guidance-for-face-coverings.aspx.

11.1 Officer strongly recommend that all individuals continue to wear masks in indoor public settings.3
Moreover, in recent months, the highly transmissible omicron variant has caused increases in positive cases and hospitalizations locally and throughout the State. Although positive case rates have recently decreased, the nature of the pandemic is unpredictable and transmission rates have the potential to rise quickly. Additionally, other variants of COVID-19 exist, and it is unknown at this time whether other variants may result in a new surge in COVID-19 cases. 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.4
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, January 11, 2022, February 8, 2022, March 8, 2022, March 22, 2022, and April 12, 2022 the City Council adopted Resolution Nos. NS-29,886, NS-29,894, NS-29,900, NS-29,915, NS-29,923, NS-29,933, NS-29,942, and NS-29,954, 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:

Stephanie Duck
Deputy City Attorney
Submitted By:

Tony Condotti
City Attorney
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. RESOLUTION.DOCX
3 See Press Release, Twelve Bay Area Health Officers to Life Most Indoor Mask Mandates on February 16 (Feb. 9, 2022), https://www.santacruzhealth.org/Portals/7/pdfs/Coronavirus/02.09.22%20ABAHO%20Masking_FINAL.pdf. 4 Cal. Gov’t Code § 54953(e)(3).

11.2 RESOLUTION NO. NS-XX,XXX

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, making its initial 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, November 23, 2021, December 14, 2021, January 11, 2022, February 8, 2022, March 8, 2022, March 22, 2022, and April 12, 2022, the City Council adopted Resolution Nos. NS-29,886, NS-29,894, NS-29,900, NS-29,915, NS-29,923, NS-29,933, NS-29,942, and NS-29,954, each making a subsequent finding that the requisite conditions exist for the legislative bodies of the City of Santa Cruz to conduct remote teleconference meetings; and
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

11.3 WHEREAS, the California Department of Public Health and the Santa Cruz County Health Officer require that all individuals wear face coverings indoors in specified high-risk settings, and continue to strongly recommend that all individuals wear face coverings in indoor public settings; 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 although positive case rates have recently decreased, the nature of the pandemic is unpredictable, and transmission rates have the potential to rise quickly; and WHEREAS, other variants of COVID-19 exist, including an Omicron subvariant, BA.2, and it is unknown at this time whether this or other variants may result in a new surge in COVID-19 cases; and
WHEREAS, due to the continued impact of COVID-19, 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 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.

11.4 PASSED AND ADOPTED this 10th day of May, 2022 by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

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

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

MINUTES OF A CITY COUNCIL MEETING
April 26, 2022
11:00 AM
Mayor Brunner opened the City Council Closed Session at 11:00 a.m. in a public meeting in Council Chambers, for the purpose of announcing the agenda, and receiving public testimony.

Roll Call

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

Absent: Councilmember Golder.

Staff: City Manager M. Huffaker, Assistant City Manager L. Schmidt, City Attorney T. Condotti, Interim Finance Director B. Magee, Director of Information Technology K. Morgan, Interim Chief of Police B. Escalante, Deputy City Clerk Administrator J. Wood, City Clerk Administrator B.

Bush.

Public Comment
Mayor Brunner opened the public comment period at 11:02 a.m. There were no speakers. Mayor Brunner closed the public comment period at 11:03 a.m.

Closed Session

1. Conference with Legal Counsel - Existing Litigation (Government Code §54956.9(d)(1))
Trujillo, Emanuel v. City of Santa Cruz, et al
(United States District Court, Northern District Case No. 5:21-cv-06477-NC)

12.1 April 26, 2022 CITY COUNCIL MINUTES 6055
Closed Session (continued)

2. Conference with Legal Counsel - Anticipated Litigation (Government Code §54956.9(d)(2))
Significant exposure to litigation (1 potential case to be discussed) At this time, the meeting was closed to the public. (See page 6057 for a report on Closed Session.)

12.2 April 26, 2022 CITY COUNCIL MINUTES 6056
City of Santa Cruz
809 Center Street
Santa Cruz, California 95060

MINUTES OF A CITY COUNCIL MEETING
April 26, 2022
12:30 PM
Call to Order – Mayor Brunner called the meeting to order at 12:31 p.m. in Council Chambers.

Roll Call

Present: Councilmembers Kalantari-Johnson, Golder (arrived at 3:12 p.m.), Cummings, Brown, Meyers; Vice Mayor Watkins; Mayor Brunner.

Absent: None.

Staff: City Manager M. Huffaker, Assistant City Manager L. Schmidt, City Attorney T. Condotti, Director of Information Technology K. Morgan, Director of Economic Development B. Lipscomb, Interim Finance Director B. Magee (via Zoom), Fire Division Chief R. Young (via Zoom), Water Director R. Menard (via Zoom), Director of Public Works M. Dettle (via Zoom), Director of Planning and Community Development L. Butler (via Zoom), Director of Parks and Recreation T. Elliot (via Zoom), Senior Planner K. Donovan (via Zoom), Principal Planner M. VanHua (via Zoom), Deputy City Clerk Administrator J. Wood, City Clerk Administrator B.

Bush.

Presentations

3. Mayoral Proclamation Declaring May as Affordable Housing Month Mayor Brunner presented a proclamation to the Director of Economic Development B. Lipscomb, Housing and Development Manager J. de Wit, and Management Analyst J. Mellor declaring May as Affordable Housing Month.

4. Mayoral Proclamation Declaring May 1 - May 7, 2022, as Municipal Clerks Week Mayor Brunner read from and presented a proclamation to City Clerk Administrator B. Bush and Deputy City Clerk Administrator J. Wood declaring May 1—May 7, 2022 as Municipal Clerks Week.

12.3 April 26, 2022 CITY COUNCIL MINUTES 6057
Presentations (continued)
The below item was not heard until later in the day when the volunteers were able to attend.

5. Outstanding Volunteer Recognition
CitySERVE Program Coordinator C. Thurston and Councilmembers introduced the volunteers. Mayor Brunner and Karen Delaney, Executive Director of the Santa Cruz Volunteer Center, recognized the volunteers.

Presiding Officer's Announcements
Statements of Disqualification – Mayor Brunner announced that she will be recusing herself from voting on item 25 as she serves on the Housing Authority Board of Commissioners and it is one of their projects.

Additions and Deletions – None.

City Attorney Report on Closed Session
Conference with Legal Counsel - Existing Litigation (Government Code §54956.9(d)(1))
Trujillo, Emanuel v. City of Santa Cruz, et al
(United States District Court, Northern District Case No. 5:21-cv-06477-NC) Council received a status report, gave direction, and took no reportable action.

Conference with Legal Counsel - Anticipated Litigation (Government Code §54956.9(d)(2))
Significant exposure to litigation (1 potential case to be discussed) Council received a status report, gave direction, and took no reportable action.

Council Meeting Calendar

6. The City Council reviewed and did not revise the meeting calendar attached to the agenda.

12.4 April 26, 2022 CITY COUNCIL MINUTES 6058
Council Memberships in City Groups and Outside Agencies

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

Councilmember Kalantari-Johnson: Santa Cruz Metropolitan Transit District Board (METRO), Santa Cruz City Schools Committee, Santa Cruz County Youth Action Network, and Health In All Policies.

Councilmember Brown: Santa Cruz County Regional Transportation Commission (RTC), Area Agency on Aging (AAA) Advisory Council, and Monterey Bay Air Resources District.

Councilmember Cummings: Local Agency Formation Commission (LAFCO), Association of Monterey Bay Area Governments (AMBAG), and Public Safety Committee.

Councilmember Meyers: Santa Cruz Metropolitan Transit District Board (METRO), Santa Cruz Mid-County Groundwater Agency, and Cowell Working Group.

Vice Mayor Watkins: Visit Santa Cruz County, Housing for Health Partnership, and Santa Cruz City Schools Committee.

Mayor Brunner: Revenue Budget Committee, and Homelessness 2x2 Committee.

Consent Agenda
Councilmember Cummings pulled items 9 and 11 for further discussion.

Councilmember Brown pulled item 12 for further discussion.

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

Unidentified person spoke regarding item 11.

Mayor Brunner closed the public comment period.

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

12.5 April 26, 2022 CITY COUNCIL MINUTES 6059
Consent Agenda (continued)
ACTION: The motion carried with the following vote.

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

NOES: None.

ABSENT: Councilmember Golder.

DISQUALIFIED: None.

8. Minutes of the April 12, 2022 City Council Meeting (CC) Motion carried to approve as submitted.

9. Minutes of the April 19, 2022 City Council Special Meeting (CC) City Clerk Administrator B. Bush and City Attorney T. Condotti 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 Cummings moved, seconded by Councilmember Brown, to approve the April 19, 2022 City Council Special Meeting minutes with the following changes:

Minutes to reflect on item #2:

For the record, Councilmember Cummings voted to oppose the Draft map 602 because the process was undemocratic, and it dilutes concentrated communities of protected classes, specifically Asians and Latinos, which reflects gerrymandering and perpetuates systemic racism.

Minutes to reflect on item #3:

For the record, Councilmember Cummings voted to oppose the ordinance because changing the City Charter by ordinance is undemocratic and violates the California State Constitution.

12.6 April 26, 2022 CITY COUNCIL MINUTES 6060
Consent Agenda (continued)

9. Minutes of the April 19, 2022 City Council Special Meeting (CC) (continued) ACTION: The motion carried with the following vote.

AYES: Councilmembers Kalantari-Johnson, Cummings, Brown; Mayor Brunner.

NOES: Councilmember Meyers; Vice Mayor Watkins.

ABSENT: Councilmember Golder.

DISQUALIFIED: None.

10. Federal Emergency Management Agency’s (FEMA) Hazard Mitigation Grant - Grant Acceptance, Authorization and Appropriation (CM)
Resolution No. NS-29,965 was adopted authorizing the City Manager to apply for, accept, authorize and appropriate funds from California Governor’s Office of Emergency Services for the Federal Emergency Management Agency’s Hazard Mitigation Grant Program to complete the 5-year updates to the City’s Climate Adaptation Plan and Local Hazard Mitigation Plan.

11. Opposition to Measure D - Santa Cruz County Greenway Initiative and Reiterated Support for Continued Rail Planning on the Santa Cruz Branch Rail Line (CN)
Councilmember Cummings spoke.

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

Mathilde Rand
Unidentified person
Unidentified person
David van Wendt
Unidentified person
Unidentified person
Thomas Saso
Barry Scott
Unidentified person
Unidentified person
Mayor Brunner closed the public comment period.

12.7 April 26, 2022 CITY COUNCIL MINUTES 6061
Consent Agenda (continued)

11. Opposition to Measure D - Santa Cruz County Greenway Initiative and Reiterated Support for Continued Rail Planning on the Santa Cruz Branch Rail Line (CN) (continued)
MOTION: Councilmember Kalantari-Johnson moved, seconded by Councilmember Meyers, to adopt Resolution No. NS-29,966 opposing Measure D - Santa Cruz County Greenway Initiative on the June 2022 ballot and reiterating the City of Santa Cruz’ support for continued rail planning on the Santa Cruz Branch line.

ACTION: The motion carried with the following vote.

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

NOES: None.

ABSENT: Councilmember Golder.

DISQUALIFIED: None.

12. Senate Bill 886 – California Environmental Quality Act Exemption for University of California Housing Developments (CN)
Mayor Brunner opened the public comment period. The following people spoke.

Joseph Thompson
Zennon Ulyate-Crowe
Unidentified person
Bodie Shargel
Unidentified person
Ed Porter
Mathilde Rand
Mitra
Unidentified person
Unidentified person
Mayor Brunner closed the public comment period.

12.8 April 26, 2022 CITY COUNCIL MINUTES 6062
Consent Agenda (continued)

12. Senate Bill 886 – California Environmental Quality Act Exemption for University of California Housing Developments (CN) (continued)
MOTION: Councilmember Brown moved, seconded by Councilmember Meyers, to direct the Mayor to send a letter opposing Senate Bill 886, unless amended, which would exempt University of California on-campus housing developments from complying with the California Environmental Quality Act.

City Attorney T. Condotti and City Manager M. Huffaker responded to Councilmember questions.

FRIENDLY AMENDMENT: Councilmember Meyers requested to specify, “…opposing Senate Bill 886 unless amended to address the issues reflected in the agenda report.” Councilmember Brown accepted.

FRIENDLY AMENDMENT: Councilmember Cummings requested to include direction that this will come back to Council if Senate Bill 886 is amended.

Councilmembers Brown and Meyers accepted.

ACTION: The motion carried with the following vote.

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

NOES: None.

ABSENT: Councilmember Golder.

DISQUALIFIED: None.

Staff Assignments:
 What the impacts have been across the state of California at other UCs.  Not exempt from LRDP CEQA. And this bill proposes to potentially remove a duplicative layer and would like clarity on that when it comes back.  When brought back to Council, do not agendize as a consent item so that Council can discuss.

12.9 April 26, 2022 CITY COUNCIL MINUTES 6063
Consent Agenda (continued)

13. Clean California Local Grant Program – Acceptance of Grant Award and Use of Park Facilities Tax Funds for the Main Beach Public Restroom Renovations Project (PR, ED, CM)
Motion carried to:
 Adopt Resolution No. NS-29,967 authorizing and directing staff to accept and appropriate funds from an application request to the California Department of Transportation’s Clean California Local Grant Program, and  Adopt Resolution No. NS-29,968 amending the FY 2022 budget for the use of $26,183 in Park Facilities Tax Funds to renovate the public restrooms located at Main Beach at 120 Beach Street.

14. Cowell Beach Concession Second Contract Amendment (PR) Resolution No. NS-29,969 was adopted authorizing and directing the City Manager to execute a second contract amendment with Ed Guzman to the Cowell Beach Concession License Agreement for the operation of an ocean and beach-related concession on Cowell Beach.

15. Approval of the Santa Cruz Friendship City and Sister City Adoption Policy (PR) Motion carried to approve the revised Santa Cruz Friendship City and Sister City Adoption Policy as recommended by the Sister Cities Committee.

16. Emergency Escalona Drive Culvert Rehabilitation (c401709) – Notice of Completion (PW)
Motion carried to accept the work of The Don Chapin Co., Inc. (Salinas, CA) and authorize the filing of the Notice of Completion for the Emergency Escalona Drive Culvert Rehabilitation Project (c401709).

17. Trevethan Ave Storm/Sewer Project - Phase I (c401307, c401810) – Budget Adjustment (PW)
Resolution No. NS-29,970 was adopted amending the FY 2022 budget by transferring funds from supporting projects in the amount of $299,595 to fully fund the Trevethan Ave Storm/Sewer Project (c401307, c401810).

12.10 April 26, 2022 CITY COUNCIL MINUTES 6064
Consent Agenda (continued)

18. Agreement with Carollo Engineers for Application Assistance for the United States Environmental Protection Agency Water Infrastructure Finance and Innovation Act Loan and State Revolving Loans for Backbone Water Infrastructure Projects (WT)
Motion carried authorizing the City Manager to execute an agreement in the amount of $335,419 with Carollo Engineers to support the Water Department’s application for a United States Environmental Protection Agency (USEPA) Water Infrastructure Finance and Innovation Act Loan (WIFIA) and State Revolving Loans to support the Capital Investment Program (CIP) in a form to be approved by the City Attorney and to authorize the Water Director to execute future contract amendments within the approved budget.

19. Approval of Exemption from Local and Apprentice Employment (SCMC Ch.

3.10.080(2)) for Coast Pump Station Powerpack Construction Agreement, Pursuant to the California Public Utilities Commission’s Self-Generation Incentive Program (SGIP) (WT)
Motion carried to exempt Tesla, Inc. from the City’s local hiring and local apprentice employment requirements as part of the Coast Pump Station Powerpack Construction Agreement, pursuant to the California Public Utilities Commission’s Self-Generation Incentive Program (SGIP).

20. Hydrologic Modeling Support from Shawn Chartrand, Simon Fraser University (SFU), for the Water Supply Augmentation Strategy, Anadromous Salmonid Habitat Conservation Plan, and Water Rights Project (WT) Motion carried authorizing the Water Department to issue annual direct contracting purchase orders, for a period not to exceed five years, exceeding the formal bid limit to Simon Fraser University for ongoing water supply modeling to support the implementation of the City’s Water Supply Augmentation Strategy, Anadromous Salmonid Habitat Conservation Plan, and Water Rights Project.

12.11 April 26, 2022 CITY COUNCIL MINUTES 6065
Consent Agenda (continued)

21. University Tank 4 Replacement Project – Award of Professional Services Agreement (WT)
Motion carried to:
 Accept the proposal of Mesiti-Miller Engineers, Inc. (Santa Cruz CA) for Engineering Consulting Design Services for the University Tank 4 Replacement Project in the amount of $427,660 and to authorize the City Manager to execute an agreement in a form approved by the City Attorney, and reject all other proposals.
 Authorize the Water Director to approve change orders with Mesiti-Miller Engineers, Inc. in a form to be approved by the City Attorney for amounts that are within the approved adjusted budget.

End Consent Agenda
Consent Public Hearings
At this time, Mayor Brunner announced that Council would take action on item 25 separately, due to her recusal.

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

Robert Norse spoke regarding item 24.

Unidentified person spoke regarding item 23.

Unidentified person spoke regarding item 24.

Mayor Brunner closed the public comment period.

MOTION: Vice Mayor Watkins moved, seconded by Councilmember KalantariJohnson, to approve items 22 through 24 on the Consent Public Hearings Agenda.

ACTION: The motion carried with the following vote.

AYES: Councilmembers Kalantari-Johnson, Golder, Cummings, Brown (with the exception of item 24), Meyers; Vice Mayor Watkins; Mayor Brunner.

NOES: Councilmember Brown (item 24 only).

ABSENT: None.

DISQUALIFIED: None.

12.12 April 26, 2022 CITY COUNCIL MINUTES 6066
Consent Public Hearings (continued)

22. Municipal Code Amendments Relating to Small Cell Wireless Telecommunications Facilities Responding to Modifications Requested by the California Coastal Commission (PL)
Motion carried to:
 Adopt Resolution No. NS-29,971 acknowledging receipt of the resolution of certification from the California Coastal Commission, including the suggested modifications.
 Introduce for publication Ordinance No. 2022-07 amending Chapters 24.04 and 24.12 of the Municipal Code related to small cell wireless telecommunications facilities in response to action by the California Coastal Commission.

23. 2
nd Reading and Final Adoption of Ordinance No. 2022-04 Green Building Program Proposed Fee Increase (PL)
Ordinance No. 2022-04 was adopted amending Chapter 24.15, (Green Building Regulations), to specify that the fee associated with the Green Building Educational Resource Fund will be established by resolution of City Council.

24. 2
nd Reading and Final Adoption of Ordinance No. 2022-05 Public Gathering and Expression Events Ordinance Amendment (CA)
Ordinance No. 2022-05 was adopted amending City of Santa Cruz Municipal Code (“SCMC”) Chapter 10.65 – Public Gathering and Expression Events.

12.13 April 26, 2022 CITY COUNCIL MINUTES 6067
Consent Public Hearings (continued)
At this time, Mayor Brunner recused herself and left the dais.

25. 415 Natural Bridges, 2931 Mission Street (Application No. CP21-0059) - Assessor’s Parcel Numbers 003-011-06 and 003-011-10 - Lot Line Adjustment, Planned Development Permit, Design Permit, and Coastal Permit to Transfer 4,054 Square Feet of Land from APN 003-011-10 to APN 003-011-06, Remove Four Heritage Trees, and Construct a 100 Percent Affordable, 20-Unit SRO (Single Room Occupancy) Project with a Variation to Allowed Uses to Allow an SRO Use and Variations to Development Standards for Building Height, Side Yard Setback, and Number of Required Parking Spaces on a Vacant Lot in the R-L/CZ-O/SP-O/P-F (Multiple Residence - Low-Density/Coastal Zone Overlay/Shoreline Protection Overlay/Public Facilities) Zone District (PL) Vice Mayor Watkins opened the public comment period. There were no speakers. Vice Mayor Watkins closed the public comment period.

MOTION: Councilmember Cummings moved, seconded by Councilmember Golder, to adopt Resolution No. NS-29,972 acknowledging the environmental determination and approving the Lot Line Adjustment, Planned Development Permit, Design Permit, Coastal Permit, and heritage tree removal to construct a 20-unit Single Room Occupancy (SRO) development based on the findings contained in the attached draft resolution and the Conditions of Approval.

ACTION: The motion carried with the following vote.

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

NOES: None.

ABSENT: None.

DISQUALIFIED: Mayor Brunner.

Public Hearing

26. A20-0008: Slope Regulation Ordinance Amendments to Chapters 18.45, 24.04,

24.08, 24.14, and 24.22 of the Santa Cruz Municipal Code (PL) Senior Planner K. Donovan gave a presentation and responded to Councilmember questions.

At this time, Mayor Brunner announced that Council would hear item 5 and then will return to 26 for the remainder of the item.

12.14 April 26, 2022 CITY COUNCIL MINUTES 6068
Public Hearing (continued)

26. A20-0008: Slope Regulation Ordinance Amendments to Chapters 18.45, 24.04,

24.08, 24.14, and 24.22 of the Santa Cruz Municipal Code (PL) (continued) Principal Planner M. VanHua responded to Councilmember questions.

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 Meyers, to introduce for publication Ordinance No. 2022-08 amending Chapters 18.45,

24.04, 24.08, 24.14, and 24.22 of the Santa Cruz Municipal Code (SCMC), keeping in place the existing code for areas within the Coastal Zone, and acknowledging the addendum to the 2030 General Plan certified Environmental Impact Report (EIR).

MOTION TO AMEND: Councilmember Brown moved, seconded by Councilmember Cummings, to amend the motion to maintain the 50% slope regulation.

ACTION: The motion to amend was not accepted with the following vote.

AYES: Councilmembers Cummings, Brown.

NOES: Councilmembers Kalantari-Johnson, Golder, Meyers; Vice Mayor Watkins; Mayor Brunner.

ABSENT: None.

DISQUALIFIED: None.

ACTION: The original motion carried with the following vote.

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

NOES: Councilmembers Cummings, Brown.

ABSENT: None.

DISQUALIFIED: None.

Councilmember Cummings stated for the record these changes could potentially pose impacts to our environment, which is a core value to our community and has been held for quite some time.

Recess - The City Council recessed at 4:43 p.m. to the 6:30 p.m. session.

12.15 April 26, 2022 CITY COUNCIL MINUTES 6069
City Council
6:30 PM
Call to Order – Mayor Brunner called the meeting to order at 6:31 p.m. in Council Chambers.

Roll Call

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

Absent: None.

Staff: City Manager M. Huffaker, City Attorney T. Condotti, Assistant City Manager L. Schmidt (via Zoom), Interim Chief of Police B. Escalante, Director of Information Technology K. Morgan, Human Resources Director L. Murphy (via Zoom), Fire Chief R. Oatey (via Zoom), Director of Planning and Community Development L. Butler (via Zoom), Director of Parks and Recreation T. Elliot (via Zoom), Parks Superintendent T.

Beck (via Zoom), Interim Finance Director B. Magee (via Zoom), Police Sergeant J. Trog, Deputy City Clerk Administrator J. Wood, City Clerk Administrator B. Bush.

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

Oral Communications
At 6:34 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 district elections, offering suggestions for alternative plans.

Kyle Davenport spoke, asking for Council’s blessing in pursuing a PhD in chemistry, about homelessness, and about being inauthentic.

Keith McHenry spoke, inviting Council to an event on nonviolence.

Unidentified person spoke regarding County meeting vs. City meeting standards.

Robert Norse spoke regarding the anticipated closure of the Benchlands encampment in July.

12.16 April 26, 2022 CITY COUNCIL MINUTES 6070
Oral Communications (continued)
Sola Sarmiento spoke in support of Food Not Bombs.

Elise Casby spoke regarding regulating the space at the town clock and the normalization of nuclear war.

Taylor Lane spoke regarding single-use filtered cigarettes and the dangers they cause for the Monterey Bay sanctuary.

Ali Webster spoke regarding the harms of single-use cigarette butts.

Shaun spoke regarding single-use filtered cigarettes, the toxicity of the cigarette butts, and asking Council to adopt an ordinance to ban the use in Santa Cruz.

Trent Hodges spoke regarding single-use filtered cigarettes, and asking Council to ban them in Santa Cruz.

Camila Vega spoke regarding single-use filtered cigarettes, and asking Council to ban them in Santa Cruz.

Chelsea Woody spoke regarding single-use filtered cigarettes, asking Council to adopt an ordinance banning their use.

Wilem Banks spoke regarding single-use filtered cigarettes, asking Council to ban their use in Santa Cruz.

Jozeph Schultz spoke regarding separating harmless activities from harmful activities before passing laws for things that might be a problem later.

Greg Bengston spoke, thanking Food Not Bombs, and the Police and Fire Departments for keeping him alive.

Unidentified person spoke, thanking Council for meeting in person again and would like to see further outreach done to let people know.

Unidentified person spoke regarding Ordinance No. 2022-04.

May spoke regarding Food Not Bombs, asking Council to allow them to continue without a permit.

Kaileah spoke regarding Food Not Bombs, asking Council to allow them to operate without a permit.

At 7:18 p.m. Mayor Brunner closed Oral Communications.

12.17 April 26, 2022 CITY COUNCIL MINUTES 6071
Oral Communications (continued)
MOTION: Councilmember Cummings moved, seconded by Councilmember Golder, to bring back an agenda item no later than the second meeting in August for discussion related to the ban of single-use filtered cigarettes in Santa Cruz.

FRIENDLY AMENDMENT: Vice Mayor Watkins requested to include discussion about public health. Councilmembers Cummings and Golder accepted.

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.

Direction to staff:

Receive an update on AB 1690 at the time of discussion.

General Business

27. AB 481 - Military Equipment Funding, Acquisition and Use Policy (PD) Interim Chief of Police B. Escalante and Police Sergeant J. Trog gave a presentation and responded to Councilmember questions.

Deputy City Attorney S. Duck responded to Councilmember questions.

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

SPEAKING FROM THE FLOOR/VIA TELECONFERENCE:

Joy Schendledecker
Lee Brokaw
James Ewing
Jennifer Tu
John Lindsay-Poland
John Golder
Elise Casby
Tim Fitzmaurice
Ed Porter
Scott Graham
Ron Pomerantz

12.18 April 26, 2022 CITY COUNCIL MINUTES 6072
General Business (continued)

27. AB 481 - Military Equipment Funding, Acquisition and Use Policy (PD) (continued)
Mayor Brunner closed the public comment period.

MOTION: Councilmember Golder moved, seconded by Councilmember Kalantari-Johnson, to:
 Introduce for publication Ordinance No. 2022-09 amending City of Santa Cruz Municipal Code (“SCMC”) Chapter 9.90; and
 Approve Santa Cruz Police Department (“Department”) Policy 705 and an inventory of military equipment as defined by AB 481; and  Add AR-15s to the inventory list, requiring additional oversight and qualifying as military equipment.

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.

28. Parks and Recreation Department Annual Report for Fiscal Year 2021 (PR) Director of Parks and Recreation T. Elliot gave a presentation and responded to Councilmember questions.

Parks Superintendent T. Beck responded to Councilmember questions.

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

SPEAKING FROM THE FLOOR/VIA TELECONFERENCE:

John Golder
Mayor Brunner closed the public comment period.

12.19 April 26, 2022 CITY COUNCIL MINUTES 6073
General Business (continued)

28. Parks and Recreation Department Annual Report for Fiscal Year 2021 (PR) MOTION: Councilmember Cummings moved, seconded by Councilmember Golder, to accept the Parks and Recreation Department FY 2021 Annual Report.

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 10:24 p.m.

Respectfully Submitted:

Julia Wood, Deputy City Clerk Administrator
Attest:

Bonnie Bush, City Clerk Administrator
Approved:

Sonja Brunner, Mayor

12.20 1
Rosemary Balsley
From: Lee Brokaw <[email protected]>
Sent: Monday, May 09, 2022 1:44 PM
To: City Council
Cc: Sandy Brown; Sandy Brown; Justin Cummings; Justin Cummings; Martine Watkins; Sonja Brunner; Shebreh Kalantari-Johnson; Renee Golder; Donna Meyers; Bernie Escalante
Subject: Letter to Council regarding Consent Items #s 12 & 26

Santa Cruz City Council 05/09/2022

Re: Council Agenda items #12 (minutes meeting 04/26/2022) & #26-2nd Reading and Final Adoption of Ordinance No. 2022-09 AB 481 Military Equipment Use (PD)

Dear Council Members,

BOTH ITEMS 12 & 26 Consent Agenda, MUST NOT BE APPROVED at your May 10th meeting.

Item 12, minutes from Council meeting 04/26/2022 are incomplete and ambiguous regarding the disposition of the assault weapons, which were not listed by SCPD in their AB 481, Military Equipment Inventory, as presented to Council on 04/26/2022. Council discussion implied the intent of Council member Golder’s motion was to add AR15's to the SCPD inventory of military weapons.

The minutes of the 04/26/22 meeting refer to Council Member Golder’s motion:
“MOTION: Councilmember Golder moved, seconded by Councilmember Kalantari-Johnson, to:
 Introduce for publication Ordinance No. 2022-09 amending City of Santa Cruz Municipal Code (“SCMC”) Chapter 9.90; and
 Approve Santa Cruz Police Department (“Department”) Policy 705 and an inventory of military equipment as defined by AB 481; and  Add AR-15s to the inventory list, requiring additional oversight and qualifying as military equipment.”
The motion was incomplete and no direction was given to SCPD regarding when the assault rifles should be listed.

The legislative intent of AB481 is obvious-Transparency regarding the inventory of military equipment and especially FIREARMS!

12.21 2
Recommended ACTION: the minutes must be amended to include direction to SCPD to return to Council with an updated inventory, for a new First & Second Reading

Item 26. 2nd Reading and Final Adoption of Ordinance N. 2022-9 AB 481 Military Equipment use (PD). I strongly urge this agenda item be withdrawn or voted against until the original motion is corrected to read adding assault rifles along with the other inventory of military equipment.

The Council agreed with the Public in their comments, making a motion and voting unanimously, to instruct SCPD to add its assault rifles. While the motion was incomplete, unclear, see above, it is clear that SCPD has failed to follow the law and withheld information that it vital to the very transparency that AB 481 intended.

Recommended ACTION- Council must vote NO on this item and instruct SCPD to follow the law, comply with AB 481:

 Give notice to the public for the revised inventory
 Hold a public meeting, per directions posted in AB 481 where the public can give their voice
 Bring the newly noticed inventory to Council for both a new first & second reading

It is important that Law Enforcement in this community apply enforcement equally to themselves as well as the citizens.

Given that we do not have a Civilian Oversight Board for SCPD, it is extremely IMPORTANT that this governing body provide that public oversight .

Please let’s get this right for everyone’s benefit,

Thank you,

M. Lee Brokaw

12.22 City Council

AGENDA REPORT
DATE: 04/30/2022
AGENDA OF: 05/10/2022
DEPARTMENT: City Manager
SUBJECT: Fees Associated with Sidewalk Vending Ordinance Administration and Enforcement (CM)
RECOMMENDATION: Motion to:
1) Adopt a resolution authorizing the Director of Parks and Recreation to establish and regulate a parks vending permit fee; and
2) Adopt a resolution authorizing the City to establish and regulate sidewalk vending impoundment fees.

BACKGROUND: On April 12, 2022, the City Council adopted Ordinance No. 2022-03 repealing Santa Cruz Municipal Code (“SCMC”) Chapter 5.81 (“Vending and Display Devices on City Property”) and added SCMC Chapter 5.82 (“Sidewalk Vending”).

The intent of this ordinance is to effectively regulate sidewalk vending in a way that: (a) complies with state law; (b) addresses objective public health, safety, and welfare concerns; (c) promotes the public’s use and enjoyment of natural resources and recreational opportunities; and (d) prevents an undue concentration of commercial activity that unreasonably interferes with the scenic and natural character of City parks and open spaces.

The adopted ordinance specifies that the City Council may adopt impound fees via resolution to reflect the City’s enforcement, investigation, storage, and impound costs. It also specifies that an additional parks vending permit is required for sidewalk vendors who wish to operate in a City park, beach, or other facility within the jurisdiction of the Parks and Recreation Department.

DISCUSSION: The sidewalk vending ordinance is slated to take effect on May 12, 2022.

Setting the parks vending permit fee and impound fee schedule will allow for successful implementation of the ordinance and any required enforcement of the ordinance.

The resolution authorizing the Director of Parks and Recreation to establish and regulate a parks vending permit fee would allow the Director to establish parks vending permit application fees, not to exceed fifty dollars within the first year of passage of this resolution and not to increase by more than five per cent per annum thereafter.

13.1 The resolution establishing a sidewalk vending impoundment fee would set a base fee of $125 to reflect the City’s investigation and enforcement costs. Should the City collect the materials, an additional fee of $100 would apply for the staff to catalog, load, transport, unload, and secure the items. An additional fee of $50 per night would apply for storage. For large items that the City cannot collect, a private tow company would retrieve the items, and a vendor would need to pay the tow company’s costs directly to that company.

FISCAL IMPACT: Given the sidewalk vending program is new, it is unclear at this time the amount of revenue that will be generated via the parks vending permit fee or the sidewalk vending impoundment fee. Staff estimates revenue in the range of $3,000 to $8,000 annually.

Prepared By:

Elizabeth Smith
Communications Manager
Submitted By:

Laura Schmidt
Assistant City Manager
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. RESOLUTION FOR PARKS VENDING PERMIT FEE.DOCX

2. RESOLUTION FOR THE SIDEWALK VENDING IMPOUNDMENT FEE.DOCX

13.2 RESOLUTION NO. NS-29,

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ AUTHORIZING

THE DIRECTOR OF PARKS AND RECREATION TO ESTABLISH AND REGULATE A

PARKS VENDING PERMIT FEE
WHEREAS, the City Council of the City of Santa Cruz approved for adoption and publication, an ordinance establishing Chapter 5.82 (Sidewalk Vending) on March 29, 2022; and WHEREAS, it is the intent of the sidewalk vending program to effectively regulate sidewalk vending in a way that: (a) complies with state law; (b) addresses objective public health, safety, and welfare concerns; (c) promotes the public’s use and enjoyment of natural resources and recreational opportunities; and (d) prevents an undue concentration of commercial activity that unreasonably interferes with the scenic and natural character of City parks and open spaces; and WHEREAS, section 5.82.090 (Vending in City Beaches and Parks) grants authority to the Director of Parks and Recreation to grant or deny conditional sidewalk vending permits for areas under the jurisdiction of the parks and recreation department; and WHEREAS, in keeping with the spirit of California State Senate Bill 946 (SB 946), which intends to improve economic opportunity for low-income and marginalized communities, a process for streamlining permitting and a policy of low-cost for entry shall be considered.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Cruz as follows: the Director of Parks and Recreation, or their designee, is hereby authorized to establish parks vending permit application fees, not to exceed fifty dollars within the first year of passage of this resolution and not to increase by more than five per cent per annum thereafter.

PASSED AND ADOPTED this 10th day of May, 2022 by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

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

13.3 RESOLUTION NO. NS-29,

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ

ESTABLISHING SIDEWALK VENDING IMPOUNDMENT FEES
WHEREAS, the City Council of the City of Santa Cruz approved for adoption and publication, an ordinance establishing Chapter 5.82 (Sidewalk Vending) on March 29, 2022; WHEREAS, in order to address public health, safety, and welfare concerns, Chapter 5.82 includes procedures, that apply in limited circumstances, for the impoundment of vendor materials; WHEREAS, Santa Cruz Municipal Code Chapter 5.82 contemplates that impound fees would be set via Council resolution. The establishment of these impound fees would promote public health, safety, and welfare by providing the City with an effective mechanism to, in limited circumstances, address unpermitted sidewalk vending;
WHEREAS, Chapter 5.82 provides that if a vendor’s materials are impounded, the vendor can recover the impounded materials upon paying applicable impound fees and demonstrating proper proof of ownership;
WHEREAS, Chapter 5.82 provides that an aggrieved vendor may, within 10 days, appeal the impoundment of their property by requesting an administrative hearing before a hearing officer appointed by the City under Title 4. If successful on appeal, the vendor will have their property returned, with the impound fee and appeal fee refunded; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Cruz that impound fees are hereby established, as set forth in Exhibit A, and to increase by the Consumer Price Index (CPI-U) for San Francisco-Oakland-Hayward per annum thereafter, to reflect the City’s enforcement, investigation, and storage costs related to the impoundment of materials associated with illegal sidewalk vending.

PASSED AND ADOPTED this 10th day of May, 2022, by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

APPROVED: __________________________
Sonja Brunner, Mayor
ATTEST: ___________________________
Bonnie Bush, City Clerk Administrator

13.4 RESOLUTION NO. NS-XX,XXX

EXHIBIT A
City of Santa Cruz, Planning & Community Development Department Proposed Amendment to City of Santa Cruz Unified Master Fee Schedule FY 2022 Effective January 1, 2022 per NS-29, 798

FEE TYPE FEE AMOUNT
Impoundment
All Impoundments – Base Fee $125
Impoundment of Smaller Items 1
These items may be collected with existing City of Santa Cruz vehicles and stored within City facilities.

Initial Collection Cost $100
Cost for Overnight Storage at City Facilities $50 per night Impoundment of Larger Items 2
These items need to be towed by a private towing company and cannot be towed or stored within City of Santa Cruz facilities due to size limitations.

Private Tow Service Actual charges levied by tow company 2 May range from $240 an hour for labor and $125
a day for storage
1 Smaller items impounded may include tables, chairs, and merchandise that may be stored at City facilities. 2 All charges are levied by a tow company hired by the City of Santa Cruz shall be paid by the vendor directly to the tow company. Fees could include but not limited to tow fee, after hour fee, storage fee, dispatch service fee, impound release fee, and handling charges.

Note: All impoundment fees herein are also increased annually by Consumer Price Index (CPI-U) for San Francisco-Oakland-Hayward every January.

13.5 City Council

AGENDA REPORT
DATE: 04/28/2022
AGENDA OF: 05/10/2022
DEPARTMENT: Economic Development
SUBJECT: CA State Library; Building Forward Library Infrastructure Grant Resolution (ED)
RECOMMENDATION: Resolution authorizing the submission of the California State Library Building Forward: Library Infrastructure Grant Program application and the acceptance, if awarded, of the grant and authorization for the City Manager to execute the related grant agreement, in a form approved by the City Attorney.

BACKGROUND: The Budget Act of 2021 (SB 129) allocated $439 million in one-time funds to the California State Library to address life-safety and critical needs of public library facilities throughout California. The competitive grant program prioritizes funding for local library facilities in high poverty areas of the state with the maximum grant amount per library set at $10 million. The Economic Development department along with the Santa Cruz Public Libraries staff submitted an application for $10 million to be utilized toward the Downtown Library Affordable Housing Project which includes construction of a new Downtown Library branch.

DISCUSSION: Per the requirements of the grant application, a resolution adopted by the City Council is required to accept grant funds and implement the project. The resolution should authorize the submission of the application, approval to implement the awarded project; and designation of and Authorized Representative to enter into the grant agreement. The resolution was not required at the time of application but will be required in order to enter into the grant agreement should the Downtown Library Affordable Housing Project be selected to receive the requested $10 million in funding. Attached is a resolution of the City Council that satisfies the grant requirements and authorizes the City Manager to implement and enter into a grant agreement with the California State Library.

FISCAL IMPACT: There is no impact to the General Fund but the grant would bring in $10 million in funding should the Downtown Library Affordable Housing Project be selected and awarded the grant request.

Prepared By:

Brian Borguno
Development Manager
Submitted By:

Bonnie Lipscomb
Director of Economic
Development
Approved By:

Matt Huffaker
City Manager

14.1 ATTACHMENTS:

1. BUILDING FORWARD LIBRARY GRANT RESOLUTION.DOCX

14.2 RESOLUTION NO. NS-29,

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ AUTHORIZING

THE GRANT APPLICATION, ACCEPTANCE, AND EXECUTION OF THE GRANT FUNDS FROM THE STATE OF CALIFORNIA BUDGET ACT OF 2021 (SB 129) WHEREAS, the Legislature and Governor of the State of California have provided funds for the program shown above; and
WHEREAS, the California State Library has been delegated the responsibility for the administration of this grant program, establishing necessary procedures; and WHEREAS, said procedures established by the California State Library require a resolution certifying the approval by the potential grantee’s governing board either before submission of said application to the State or prior to execution of the grant agreement; and WHEREAS, the Applicant/Grantee, if selected, will enter into an agreement with the State of California to carry out the project
WHEREAS, the City of Santa Cruz proposes to implement the Downtown Library Affordable Housing Project; and
WHEREAS, the City of Santa Cruz has the legal authority and is authorized to enter into a funding agreement with the State of California; and
WHEREAS, the City of Santa Cruz has applied for grant funding from the California State Library for the Downtown Library Affordable Housing Project.

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

1. That pursuant and subject to all of the terms and provisions of the California Budget Act of 2021, the City of Santa Cruz City Manager, Matt Huffaker, or designee is hereby authorized and directed to prepare and file and application for funding with the California Sate Library and take such other actions necessary or appropriate to obtain grant funding.

2. The City of Santa Cruz City Manager, Matt Huffaker or designee is hereby authorized and directed to execute the funding agreement with the California State Library and any amendments thereto.

3. The City of Santa Cruz City manager, Matt Huffaker, or designee is hereby authorized and directed to submit any required documents, funding requests, and reports required to obtain grant funding.

4. Certifies that the project will comply with any laws and regulation including, but not limited to the California Environmental Quality Act (CEQA), legal requirements for building codes, health and safety codes, the California Labor Code, disabled access laws, and, that prior to commencement of the project, all applicable permits will have been obtained; and CERTIFICATION I hereby certify that the foregoing Resolution was duly and regularly adopted by THE CITY COUNCIL OF THE CITY OF SANTA CRUZ;

14.3 RESOLUTION NO. NS-29,
2 PASSED AND ADOPTED this 10th day of May, 2022 by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

APPROVED: __________________________
Sonja Brunner, Mayor
ATTEST: ___________________________
Bonnie Bush, City Clerk Administrator

14.4 1
Rosemary Balsley
From: Alyssa Kroeger <[email protected]>
Sent: Monday, May 09, 2022 11:57 AM
To: City Council
Subject: Fwd: MBEP Letter of Support for DT Library AH Project RE: 5/10 SC Council Mtg - Items 4 & 14
Attachments: Downtown Library Affordable Housing Project Support Letter for 5.10.22.pdf Good afternoon,
Please find attached MBEP's letter of support for both the Downtown Library Affordable Housing Project in general and for the City's effort to leverage state library grant funding for this project per the 5/10 Council meeting agenda items 4 and 14 — to be included in the agenda packet as public comment.

Thank you,
Alyssa Kroeger
Housing Program Manager
831.245.7788
UPCOMING EVENTS:
8th Annual Regional Economic Outlook | May 20, 2022
6th Cycle Regional Housing Element Workshops | May - Summer 2022

14.5 May 10, 2022
Santa Cruz City Council
809 Center Street
Santa Cruz, CA 95060
Subject: Support for Downtown Library Affordable Housing Project, Agenda Items 4 & 14 Dear Mayor Brunner and Santa Cruz City Councilmembers,
On behalf of the Monterey Bay Economic Partnership (MBEP), we write to express our strong support for the Downtown Library Affordable Housing Project that serves as a model for affordable, mixed-use higher-density projects on a major commercial corridor in our region.

Founded in 2015, MBEP consists of over 86 public, private and civic entities located throughout Monterey, San Benito and Santa Cruz counties with a mission to improve the economic health and quality of life in the Monterey Bay region. Our Housing Initiative supports projects that reflect high quality design, higher-density housing serving all income levels, and in appropriate locations near jobs and other amenities.

As you know, the lack of housing affordability is the leading issue in the Monterey Bay Region. The City’s Downtown Library Mixed Use Affordable Housing Project which includes 124 affordable units within 300 feet of a major transit center addresses access to more affordable housing by leveraging an intelligent use of available space in a prime location which is in line with our policy recommendations advocating for infill development to optimize land use for housing, community services, and climate resilience.

Our team especially lauds the City for leveraging state funding through the Building Forward: Library Infrastructure Grant Program.

Since 2019, we have had the opportunity to participate in the visioning process for the Downtown Mixed-Use Library Project thanks to staff’s robust community engagement efforts throughout this process. We have officially endorsed the project and plan to continue to play a role in advocating for this project. We look forward to next steps leading to completion of this visionary project — one that fulfills broadly-shared community goals of a first class downtown library, affordable housing, and a multi-modal, vibrant downtown.

Thank you for your leadership in addressing climate change and the lack of affordable housing and for promoting sustainable transportation, affordable housing, and livable communities with your support of this exemplary project.

Sincerely,
Tahra Goraya, MA, MPA
President & CEO
3180 Imjin Road, Suite 102
Marina, CA 93933 831.915.2806

14.6 1
Rosemary Balsley
From: Katie Fortney <[email protected]>
Sent: Monday, May 09, 2022 12:50 PM
To: City Council
Subject: Library + Affordable Housing project
Hello City Council members,
It's very exciting to hear that the downtown mixed use library plan is moving forward! I see that tomorrow's meeting has an item to authorize the submission of a grant to the California State Library program to support the project. I hope you will approve this resolution.

Best regards,
Katie Fortney
127 Getchell St.

Santa Cruz, CA 95060

14.7 1
Rosemary Balsley
From: Geraldine Lieby <[email protected]>
Sent: Monday, May 09, 2022 1:01 PM
To: City Council
Subject: Library
Hello All,
I support the grant application for the continued progress on the library project.

Geri Lieby
310 Everson Drive
Santa Cruz

14.8 1
Rosemary Balsley
From: Martha Dexter <[email protected]>
Sent: Monday, May 09, 2022 1:07 PM
To: City Council
Subject: Support Library Mixed-Use Project and the California State Library grant proposal Dear Santa Cruz City Council,
I write today to express my enthusiastic support again for the Library Mixed-Use Project. I'm even more excited now that I've seen the recent presentation by Abe Jayson, the architect for the project. This new library is just what we need in Santa Cruz -- beautiful, expansive space allowing for traditional collections and hightech 21st century features, community spaces, and a fantastic roof deck. I can't wait! To help make this library a reality, I encourage you to support the proposal to the California State Library as part of its Building Library Infrastructure Grant program. This grant fits beautifully with the Library MixedUse Project. Let's be at the forefront of public libraries in the state! Martha Dexter
Santa Cruz city resident

14.9 1
Rosemary Balsley
From: Linda Jacobs <[email protected]>
Sent: Monday, May 09, 2022 1:22 PM
To: City Council
Subject: IN SUPPORT
Hello City Council of the City of Santa Cruz,
Please accept this email as my support for the continued progress and construction of the Downtown Santa Cruz Library.

Libraries are vital to the future generations of Santa Cruz.

Please continue with the plans for construction and see the project to the end.

Thank you.

Sincerely,
Linda Jacobs
Executive Assistant to Superintendent Turnbull
Soquel Union Elementary School District
Mission Statement: Staff, students, parents, and the community share the responsibility for each child's success. We are committed to ensuring that each student develops the skills and confidence for lifelong achievement and is prepared to make a positive contribution to our world.
620 Monterey Avenue
Capitola, CA 95010
831.464.5639
CSBA Executive Assistant Advisory Committee Member
Enjoy the journey and not just the destination. Be grateful. Increase your confidence in the moment or daily.

CONFIDENTIALITY NOTICE: This electronic mail transmission may contain privileged and/or confidential information only for the use by the intended recipients. Unless you are the addressee (or authorized to receive messages for the addressee), you may not use, copy, disclose, or distribute this message (or any information contained in or attached to it) to anyone. You may be subject to civil action and /or criminal penalties for

14.10 2
violation of this restriction. If you received this transmission in error, please notify the sender by reply e-mail and delete the transmission. Thank you.

14.11 1
Rosemary Balsley
From: Lira Filippini <[email protected]>
Sent: Monday, May 09, 2022 1:56 PM
To: City Council; Sonja Brunner; Justin Cummings; Shebreh Kalantari-Johnson; Donna Meyers; Sandy Brown; Martine Watkins; Renee Golder; Matt Huffaker Subject: Agenda Items 4 & 14 - City Council Meeting 5/10/22 Dear Mayor Brunner and City Council or Santa Cruz,
The Our Downtown, Our Future ballot initiative signatures have been submitted to the City Clerk, with a raw count of over 5,000 signatures of registered Santa Cruz City voters. If the measure is adopted or passes in November, the library will be renovated in its historic location and no construction of a parking garage will be allowed on Lot 4.

Agenda Item 4 - In this context, agenda item 4 may be continuing to incur cost of time and funds toward a project, in which multiple elements may not be possible at this location. The measure's details only allow for the construction of affordable housing and infrastructure for the Farmers' Market and public event space on Lot

4. If the City still wishes to build the housing there, it would be most responsible to start configuring any associated funding applications and project plans so that part of the project is still feasible within the context of these possible changes to the General Plan and Downtown Plan.

Another wise option would be to start the process for planning the housing on Lot 7, where more units can be built and there would be no conflict with designing the housing partially above or next to the prioritized space for the Farmers' Market/community space.

Agenda Item 14 - I have read through the State's Building Forward: Library Infrastructure Grant Program. The guidelines make it very clear that the qualifying criteria are for "life safety projects", "critical maintenance", "critical infrastructure projects", as well as "high poverty areas". Our AMI is quite high, but we do have a large population of unhoused communities here.

The other qualifying criteria that the Santa Cruz's Downtown Branch Library satisfies pertain to the current state of the historic library and its need for renovation. The State's guidelines list things like seismic retrofit, asbestos abatement, roof replacement, foundation repair, and HVAC replacement.

Considering this state grant program is structured much more for renovation than for building new facilities, it's unfortunate we didn't apply for the grant for the renovation. Obviously, the grant wasn't available when the DLAC was weighing the options. But it seems like we'd have the highest chance of being awarded the full grant amount offered by the state, for the renovation - instead of building a brand new facility. The qualifying criteria for the grant is perfectly aligned with the critical infrastructure repairs and improvements needed for the historic library. With the grant, all of the improvements and "alternates" in Jayson's renovation proposal could be achieved.

In closing, the renovation of our Downtown Branch Library would not only more directly fulfill what voters passed as Measure S, but would also more directly fulfill the criteria of a grant through SB 129 from the State. Considering that the "matching funds" element of the grant will come from Measure S funds, a renovation fits the bill.

14.12 2
Thank you for your consideration,
Lira Filippini

14.13 1
Rosemary Balsley
From: Sue Lawson <[email protected]>
Sent: Monday, May 09, 2022 1:58 PM
To: City Council
Subject: New library plans
I’m so delighted with the plans for the new library!
You can count on my support.

Sue Lawson
Sent from my sweet little iPhone

14.14 1
Rosemary Balsley
From: Roo Ra <[email protected]>
Sent: Monday, May 09, 2022 3:42 PM
To: City Council; Sandy Brown; Justin Cummings; Martine Watkins; Shebreh KalantariJohnson; Sonja Brunner; Renee Golder; Donna Meyers Subject: 5/10/22 Consent Item 14
Well, there's a strategy…
The Economic Development Department, the master facilitator of the impoverishing*, can now apply [already DONE] for a grant to "aid" said impoverished and finally be sufficiently equipped to push that 1950s multistory parking garage over the finish line. Just in time. *Via the prioritization of "coworking" office spaces (flashback to NextSpace co-founders, then-Mayor Ryan Coonerty and then-EDD-Manager-For-A-Year Jeremy Neuner), above-market-rate housing, luxury hotels/restaurants, et al... essentially, rolling-the-red-carpet-out for Silicon Valley's march south [DONE]... thereby, accelerating the AMI increase and causing the eviction/out-migration of the lowest socioeconomic classes, gentrification of neighborhoods, and criminalization of the resultant homeless [all DONE].

Really now, who's calling who NIMBYS here?
Selective Emphasis and the Art of Renaming
According to the agenda item, the EDD and SCPL submitted the grant application request for the entire $10 million "to be utilized toward the Downtown Library Affordable Housing Project which includes construction of a new Downtown Library branch."
Oh yah, that affordable housing project, primary objective for Lot 4 development since 2004, not that 1950s multi-story parking garage now relegated to the bottom of the "important elements" on the City’s Library Mixed Use Project web page.

On That Grant for This "Disadvantaged Community" of Santa Cruz 1st round: 278 total applications received statewide after noon 3/21/22 deadline with awards expected Spring 2022
Total Projected Funds: $439 million
"This competitive grant program prioritizes funding for local library facilities in high poverty areas. The maximum grant amount per library facility is $10 million. Pursuant to SB 129, funding will be prioritized for the following:

1. Projects addressing library facility life safety and other critical maintenance needs.

2. Projects for library facilities serving high poverty areas of the state.

Other library infrastructure projects may be considered if funding remains after priority projects have been evaluated. Multiple funding rounds are anticipated. All grant funds must be expended by March 31, 2026.

For purposes of this grant, life safety projects are defined as those that address significant health and safety

14.15 2
risks to patrons or staff using a library facility. This includes any physical aspect of the facility, its building systems, or equipment essential to emergency response situations specific to the library facility." Does the design inclusion of "zones" to protect children from the homeless (per "zoning" advocate former Director Susan Nemitz) qualify? In this latest "21st century state-of-the-art green library with resources for all", which has evolved into a DEFINITIVE "for all” (except for the homeless) to entice support.

BTW Library management nixed multi-story designs with the Felton/Capitola rebuilds for operational reasons, which included the scheduling of additional supervisors. Apparently, no supervision of non-adults will be required for that "zoned" rooftop playpen in this most recent accommodation "for all" (except for the homeless) Downtown schematic design.
“For the purposes of this grant, critical maintenance and critical infrastructure projects are those needed to keep existing facilities, building-related structural elements, and related building systems suitable for public use, and compliant with all prevailing regulations, and standards governing their use." Would not renovation of the existing facility have qualified here? "...Funding will be prioritized for projects serving high-poverty areas. Community poverty levels will be assessed using the California Poverty Measure (CPM)... Grantees will be required to provide matching funds on a dollar-for-dollar basis. Applicants may apply for a reduction in their required match based on their Local Operating Income Per Capita level as part of the application." https://www.grants.ca.gov/grants/building-forward-library-infrastructure-grant-program/ https://www.ppic.org/publication/poverty-in-california/ Highest poverty rates (2017–2019 average): Yolo (20.9%) and Los Angeles (20.8%) https://www.ppic.org/publication/poverty-in-california/ Towards Gentrification
"Holding housing costs at 2013 levels would lower poverty rates for all racial/ethnic groups. But rates for Latinos and African-Americans would fall the most, at 3.0 percentage points and 2.7 percentage points —versus

1.3 points for whites and 2.0 points for Asian Americans. Renters see a somewhat larger effect compared to mortgage holders. This difference partly explains the outsized effects of housing costs on Latinos and African Americans: both are overrepresented in the renting population relative to their size in the overall population." https://www.ppic.org/blog/californias-high-housing-costs-increase-poverty/ "White workers account for 60% of the leadership roles in the tech sector and 40% of the technical roles at Silicon Valley’s 20 largest tech companies; Asian workers represent 46%... and 32%. By contrast, Hispanic workers represent only 8% of the workforce at these same companies (but are nearly 24% of the Valley’s total workforce)."
https://jointventure.org/news-and-media/news-releases/2340-2022-silicon-valley-index-top-25-hold-92-of-thewealth

14.16 1
Rosemary Balsley
From: Ron Pomerantz <[email protected]>
Sent: Monday, May 09, 2022 4:05 PM
To: City Council
Cc: Sonja Brunner; Sandy Brown; Justin Cummings; Martine Watkins; Shebreh KalantariJohnson; Donna Meyers; Renee Golder Subject: Council agenda item #14: CA State Library; Building Forward Library Infrastructure Grant Resolution (ED)
Re.

Item#14.

CA State Library; Building Forward Library Infrastructure Grant Resolution (ED) Resolution authorizing the submission of the California State Library Building Forward: Library Infrastructure Grant Program application and the acceptance, if awarded, of the grant and authorization for the City Manager to execute the related grant agreement, in a form approved by the City Attorney.

Good afternoon Mayor and Councilmembers.

Quite a slight-of-hand that the Economic Development Director is trying to pull-off. I must give credit to Ms.

Lipscomb and city admin for asking Council to seek this State money. This is little more than a disguised attempt to try to bolster the faltering proposed garage/library project on the current Farmer’s Market site in light of the November ballot measure that will stop this unnecessary and wasteful project.

According to the staff report (bold parts for emphasis):

The Budget Act of 2021 (SB 129) allocated $439 million in one-time funds to the California State Library to address life-safety and critical needs of public library facilities throughout California. The competitive grant program prioritizes funding for local library facilities in high poverty areas of the state with the maximum grant amount per library set at $10 million. The Economic Development department along with the Santa Cruz Public Libraries staff submitted an application for $10 million to be utilized toward the Downtown Library Affordable Housing Project which includes construction of a new Downtown Library branch. - The money asked for in the grant is not even for library facilities, rather for affordable housing. How is possible to get the State money for affordable housing when this fund is specifically designated for library facilities? Since when has our public library system gone into the business of providing affordable housing?
- What are the life-safety issues addressed in the currently proposed project? Wouldn’t the library be required to shut down if life-safety issues existed? "Critical needs” have been addressed by the already voter approved library bond.
- The State gives priority to library facilities in high poverty areas. I’m not aware that Santa Cruz’s downtown, nor any place as affluent as Santa Cruz, is a "high poverty area". How in good conscience would City leaders consider taking money from places like McFarland, CA that is considering closing its only library for a police headquarters.

14.17 2
As a side note the staff report says the reason you are seeing this grant application is because "Per the requirements of the grant application, a resolution adopted by the City Council is required to accept grant funds and implement the project.” Staff failed to tell you that City policy requires "….prior to the submittal of a grant application to the funding agency, the City Council shall authorize its submittal at a City Council meeting…" I urge you to reject agenda item #14.

Thank you for your thoughtful consideration.

Ron Pomerantz

14.18 1
Rosemary Balsley
From: Emily Ham <[email protected]>
Sent: Monday, May 09, 2022 4:17 PM
To: City Council; Sonja Brunner; Justin Cummings; Donna Meyers; Shebreh KalantariJohnson; Renee Golder; Martine Watkins; Sandy Brown Subject: Agenda Item #14: Building Forward Library Infrastructure Grant Resolution (ED) Attachments: SCCBC Letter of Support_Library Mixed Use Master Architect_121321.pdf Good evening,
Please find the attached letter of support for the authorization of submission of the California State Library Building Forward grant. Thank you for your continued leadership on this critically important project.

Best,
Emily
--

EMILY HAM
Executive Director
Santa Cruz County Business Council
(831) 204-1387
Sign up for our newsletter!

14.19 Date: May 9, 2022
Subject: Agenda Item #14: Building Forward Library Infrastructure Grant Resolution (ED) Dear Mayor Brunner and members of the Santa Cruz City Council:

On behalf of the Santa Cruz County Business Council, I write to express strong support for the Library Mixed Use Project. We respectfully request your “aye” vote authorizing the submission of the California State Library Building Forward: Library Infrastructure Grant Program application and the acceptance, if awarded, of the grant and authorization for the City Manager to executive the related grant agreement, in a form approved by the City Attorney.

The Santa Cruz County Business Council (SCCBC) was founded in 1996 to provide a collective voice for countywide business owners, executives, and members of our local workforce. As Santa Cruz County undergoes a profound period of recovery and growth, we continue to practice informed advocacy for projects, policies, and practices that will make the County a better place to live, work, and do business. The Library Mixed Use Project is one of those projects.

Since its inception, the SCCBC has supported Downtown Forward’s efforts to support the City’s development of this unprecedentedly high impact project. Robust community engagement has led to a project design and site program that exceeds our expectations and will undoubtedly serve all community stakeholders well. We are also pleased to hear that the project team has been able to expand the size of both the library and affordable housing components and incorporate a childcare facility at a comparable cost to the original design.

The City’s thoughtful and proactive approach to designing the Library Mixed-Use Project has entirely paid off. Approval of the staff recommendation on agenda item #14 is another step in the right direction. We thank you for your continued leadership on moving this project forward and look forward to supporting the implementation of the final design.

Sincerely,
Emily Ham
Executive Director
Santa Cruz County Business Council

14.20 City Council

AGENDA REPORT
DATE: 04/28/2022
AGENDA OF: 05/10/2022
DEPARTMENT: Public Works
SUBJECT: Resource Recovery Facility Household Hazardous Waste Collection Facility Upgrade Project (c402202)– Budget Adjustment (PW) RECOMMENDATION: Resolution amending the FY 2022 budget by transferring funds from the Landfill Master Plan Development Project (c401909) in the amount of $250,000 to the Resource Recovery Facility Household Hazardous Waste Collection Facility Upgrade Project (c402202).

BACKGROUND: The Resource Recovery Facility Household Hazardous Waste Collection Facility (Facility) is owned by the City of Santa Cruz (City) and is located at the Resource Recovery Facility (RRF) at 605 Dimeo Lane. The Facility is operated by the County of Santa Cruz Household Hazardous Waste Program.

The Facility has been in operation for over twenty years, and now requires improvements to stay in compliance with the facility permit. Per Resolution No. NS-29,619, the City applied for a Household Hazardous Waste Discretionary Grant from the Department of Resources Recycling and Recovery (CalRecycle) for facility improvements in 2020. The grant was awarded in the amount of $223,826.00 based on the original cost estimate submitted with the application in 2020.

At its March 22, 2022 meeting, City Council approved the plans and specifications for the project and authorized advertisement and award. The project was advertised in March 2022 and bids were received in April 2022.

DISCUSSION: The City received one bid in the amount of $442,200. City staff has confirmed that the bid was reasonable. This budget adjustment is to transfer funds from the Landfill Master Plan Development (c401909) to fully fund the project construction and associated engineering support.

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

Prepared By:

Scott Glucs
Assistant Engineer
Submitted By:

Mark R. Dettle
Director of Public Works
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. BUDGET ADJUSTMENT.PDF

15.1 City of Santa Cruz

BUDGET ADJUSTMENT REQUEST
3XUSRVH

ACCOUNT REVENUE EDEN ACCOUNT TITLE

TOTALREVENUE

ACCOUNT EXPENDITURE EDENACCOUNT TITLE

TOTAL EXPENDITURE
NET: $

REQUESTED BY

DEPARTMENT HEAD

APPROVAL

BUDGET/ACCOUNTING
5(9,(:('

FINANCE DIRECTOR

APPROVAL

CITYMANAGER

APPROVAL
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$02817
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2022
04/26/2022
To fully fund the RRF Household Hazardous Waste Collection Facility Upgrade Project. 0 731-40-62-7359-57308 c401909 100-2020-0 Solid Waste Systems -250,000 Landfill Master Plan
731-40-62-7351-57203 c402202 100-2020-0 Solid Waste Systems 250,000 RRF Household Hazardous Waste
0 0
Hoi Yu
Digitally signed by Hoi Yu
DN: cn=Hoi Yu, o=City of
Santa Cruz, ou=PWEN,
[email protected]
om, c=US
Date: 2022.04.26 13:14:26
-07'00'
Mark
Dettle
Digitally signed
by Mark Dettle
Date: 2022.04.28
08:32:40 -07'00'
Nicholas
Gong
Digitally signed by Nicholas Gong
DN: cn=Nicholas Gong, o=City of
Santa Cruz, ou=Finance,
[email protected],
c=US
Date: 2022.04.29 13:08:08 -07'00'
Bobby
Magee
Digitally signed by Bobby Magee
DN: cn=Bobby Magee, o=City of
Santa Cruz, ou=Finance,
[email protected]
m, c=US
Date: 2022.04.30 07:04:02 -07'00'

15.2 City Council

AGENDA REPORT
DATE: 04/28/2022
AGENDA OF: 05/10/2022
DEPARTMENT: Public Works
SUBJECT: Monterey Bay Sanctuary Scenic Trail (Rail Trail) – Segment 7 (c401413) – Budget Adjustment and Cooperative Agreement Amendment No. 2 (PW) RECOMMENDATION: Resolution amending the FY 2022 budget to appropriate funds in the amount of $2,960,800 to award the construction contract for the Monterey Bay Sanctuary Scenic Trail (Rail Trail) Segment 7 Phase 2 project (c401413), and authorize the City Manager to execute a Cooperative Agreement Amendment No. 2 with the Santa Cruz County Regional Transportation Commission (RTC), in a form approved by the City Attorney. The Public Works Director is authorized to execute change orders within the approved project budget.

BACKGROUND: On January 26, 2021, City Council approved the plans and specifications for the Monterey Bay Sanctuary Scenic Trail (Rail Trail) Segment 7 Phase 2 project, and authorized staff to advertise for bids and direct the City Manager to execute the contract in a form approved by the City Attorney. Staff advertised the project and on April 21, 2022 and four bids were received. Anderson Pacific Engineering Construction Inc., (Santa Clara, CA) was the responsive and responsible low base bid.

DISCUSSION: Rail Trail Segment 7 Phase 2 is a 0.8 mile bicycle and pedestrian facility in the Santa Cruz Branch Rail Line corridor, from Bay Avenue/California Avenue intersection to Pacific Avenue. The project includes a 12-foot wide trail next to the rail line and preserves the rail line that Roaring Camp actively runs trains on.

Staff is recommending approval of the attached budget adjustments to fund the construction contract for Segment 7 Phase 2. Other project impacts from the budget adjustment include delays in implementing the Swanton Blvd. Multi-Use Path and street reconstruction and paving projects.

Staff is also recommending approval to authorize the City Manager to execute a Cooperative Agreement Amendment No. 2 with the RTC, in a form approved by the City Attorney. The amendment includes more detail on invoicing procedures and maintenance responsibilities.

FISCAL IMPACT: The responsive and responsible low bid is $10,853,016. In order to fund the construction contract with a 5% contingency, the budget adjustment adds both City of Santa Cruz and RTC Measure D funds to the project. This brings the construction budget total to $11,401,889. There is no impact to the General Fund.

16.1 Prepared By:

Nathan N. Nguyen
Assistant Director of Public
Works/City Engineer
Submitted By:

Mark R. Dettle
Director of Public Works
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. BUDGET ADJUSTMENT - 1.PDF

2. BUDGET ADJUSTMENT - 2.PDF

3. COOPERATIVE AGREEMENT AMENDMENT NO.02.PDF

16.2 City of Santa Cruz

BUDGET ADJUSTMENT REQUEST
3XUSRVH

ACCOUNT REVENUE EDEN ACCOUNT TITLE

TOTALREVENUE

ACCOUNT EXPENDITURE EDENACCOUNT TITLE

TOTAL EXPENDITURE
NET: $

REQUESTED BY

DEPARTMENT HEAD

APPROVAL

BUDGET/ACCOUNTING
5(9,(:('

FINANCE DIRECTOR

APPROVAL

CITYMANAGER

APPROVAL
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2022
04/26/2022
To award the construction contract of Rail Trail Segment 7 Phase 2 311-40-64-9330-43357 c401413 956-5019-0 Local capital grants - SCCRTC 1,150,000 1,150,000
311-40-64-9330-57307 c401413 100 2020 0 Pedestrian/bike systems 1,150,000 1,150,000
0 Digitally signed
by Nathan
Nguyen
Mark
Dettle
Digitally signed
by Mark Dettle
Date: 2022.04.28
08:27:09 -07'00'
Nicholas
Gong
Digitally signed by Nicholas Gong
DN: cn=Nicholas Gong, o=City of
Santa Cruz, ou=Finance,
[email protected],
c=US
Date: 2022.04.28 16:21:41 -07'00'
Bobby
Magee
Digitally signed by Bobby Magee
DN: cn=Bobby Magee, o=City of
Santa Cruz, ou=Finance,
[email protected]
m, c=US
Date: 2022.04.30 07:11:06 -07'00'

16.3 City of Santa Cruz

BUDGET ADJUSTMENT REQUEST
3XUSRVH

ACCOUNT REVENUE EDEN ACCOUNT TITLE

TOTALREVENUE

ACCOUNT EXPENDITURE EDENACCOUNT TITLE

TOTAL EXPENDITURE
NET: $

REQUESTED BY

DEPARTMENT HEAD

APPROVAL

BUDGET/ACCOUNTING
5(9,(:('

FINANCE DIRECTOR

APPROVAL

CITYMANAGER

APPROVAL
&0)18VH2QO\

5HVR

%$5HI

352-(&7
352-(&7
$02817
$02817
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Clear Form
2022
04/26/2022
To award the construction contract of Rail Trail Segment 7 Phase 2 311-00-00-0000-49169 c401805 990-0-0 From 2016 Trans Measure D -200,000 221-00-00-0000-49169 c401902 990-0-0 From 2016 Trans Measure D -140,800 317-00-00-0000-49169 c400809 990-0-0 From 2016 Trans Measure D -970,000 317-00-00-0000-49169 c400810 990-0-0 From 2016 Trans Measure D -500,000 311-00-00-0000-49169 c401413 990-0-0 From 2016 Trans Measure D 1,810,800 0 311-40-64-9330-57307 c401413 100-2020-0 Pedestrian/bike systems 1,810,800 MB Sanctuary Rail
311-40-64-9330-57307 c401805 100-2020-0 (Swanton) Pedestrian/bike systems -200,000 221-40-64-9330-57307 c401902 100-2020-0 (Pac Ave Sidewalk Pedestrian/bike systems -140,800 317-40-00-0000-57304 c400809 100-2020-0 (City Arterial) Street Systems -970,000 317-40-00-0000-57304 c400810 100-2020-0 (City Residential) Street Systems -500,000 224-00-00-0000-59107 Transfer to Gas Tax -140,800
224-00-00-0000-59126 To CIP-Arterial Streets and Roads fund -1,470,000 224-00-00-000-59103 Transfer to Gen CIP 1,610,800
0 0
Digitally signed
by Nathan
Nguyen
Mark
Dettle
Digitally signed
by Mark Dettle
Date: 2022.04.28
09:26:08 -07'00'
Nicholas
Gong
Digitally signed by Nicholas Gong
DN: cn=Nicholas Gong, o=City of
Santa Cruz, ou=Finance,
[email protected],
c=US
Date: 2022.04.28 17:51:31 -07'00'
Bobby
Magee
Digitally signed by Bobby Magee
DN: cn=Bobby Magee, o=City of
Santa Cruz, ou=Finance,
[email protected]
m, c=US
Date: 2022.04.30 07:08:58 -07'00'

16.4 AMENDMENT NO. 2

TO THE COOPERATIVE AGREEMENT BY AND BETWEEN THE CITY OF SANTA CRUZ AND THE SANTA

CRUZ COUNTY REGIONAL TRANSPORTATION COMMISSION FOR DESIGN, ENVIRONMENTAL REVIEW, PERMITTING, CONSTRUCTION AND MAINTENANCE OF SEGMENT 7 OF THE MONTEREY

BAY SANCTUARY SCENIC TRAIL NETWORK (NATURAL BRIDGES TO PACIFIC AVENUE) ON THE SAN

CRUZ BRANCH RAIL LINE RIGHT OF WAY

THIS SECOND AMENDMENT TO THE COOPERATIVE AGREEMENT BETWEEN THE CITY OF SANTA CRUZ (“CITY”) AND THE SANTA CRUZ COUNTY REGIONAL TRANSPORTATION COMMISSION (“RTC”) (referred to herein as “Second Amendment”) is made this _______ day of __________ 2020 by and between the City and RTC, (sometimes referred together as the “Parties”) who agree as follows:

RECITALS
WHEREAS, on February 2, 2017, City and RTC entered into that certain Cooperative Agreement (“Coop Agreement”) for the Design, Environmental Review, Permitting, Construction and Maintenance of Segment 7 of the Monterey Bay Sanctuary Scenic Trail Network (“Project”) whereby the Parties outlined the terms and conditions for development, construction, and implementation of Segment 7 of the Monterey Bay Sanctuary Scenic Trail Network (“MBSST”) on the Santa Cruz Branch Rail Line (Rail Line) right of way ; and WHEREAS, the City has completed the environmental review, right of way, and design work for the Project; and

WHEREAS, on February 12, 2018, City and RTC entered into Amendment No. 1 to the Coop Agreement to approve and provide for additional funding for the Project; and WHEREAS, the Project will be constructed and implemented in two phases. Phase 1 consists of a paved multiuse bicycle/pedestrian trail along the rail right-of-way between Natural Bridges Drive (MP 22.2) to intersection of California St and Bay St (MP 20.9) and Phase 2 consists of a paved multiuse bicycle/pedestrian trail between the intersection of California Street and Bay Street (MP 20.9) to Pacific Avenue at the wharf (MP 20.1) as depicted in more detail in Attachment 1, attached hereto and incorporated herein; and WHEREAS, the RTC approves and regularly updates a Measure D, 5-year Program of Projects, which includes amounts of Measure D-Active Transportation revenues programmed for maintenance and operations of the rail trail in the City of Santa Cruz; and

WHEREAS, the Coop Agreement outlines conditions and obligations for both Phase 1 and Phase 2 of the Project; and

16.5 WHEREAS, City and RTC now desire to further amend the Coop Agreement to (1) provide more detail on invoicing procedures for the Project, and (2) provide more detail on maintenance responsibilities; and
WHEREAS, a Post-Construction Site Environmental Management Plan has been developed for Segment 7 that provides details on responsibilities associated with annual inspections and maintaining the integrity of the protective cap to prevent exposure to deeper residual contaminants,
NOW, THEREFORE, for and in consideration of the promises and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, City and RTC hereby agree to amend the Coop Agreement as follows:

1. Revise designation of “Railway” to St Paul & Pacific Railroad or most current rail operator throughout.

2. Section 2 of the Coop Agreement (Funding and Invoicing) shall be amended by replacing the existing section in whole with the following:

Section 2. Funding and Invoicing:
a. Funding Breakdown. The funding/spending summary for preconstruction and construction, attached and incorporated herein as Attachment 2, provides the breakdown of funding for Phase 1 and 2 combined and an estimate of the funding by Phase.

Additionally, pursuant to the annual revision and RTC approval of the "5-year Program of Projects" from the Santa Cruz County Transportation Improvement Plan Measure ("Measure D"): Active Transportation/Monterey Bay Sanctuary Scenic Trail Network (Coastal Rail Trail) regional investment category, the RTC has agreed to contribute to trail maintenance and operations expenses that the City incurs, up to the amounts shown in the Measure D 5-year Program of Projects for the “Trail maintenance and operations in Santa Cruz”. All maintenance costs agreed upon by the RTC is dependent upon Measure D funding availability and approval of the funds in the Measure D-Active Transportation 5- Year Program of Projects.

b. Payment, Invoicing, and Accounting.
i. RTC and City agree to provide the funds identified in the Funding Summary (Attachment 2). RTC and City agree to mutually seek additional funding as needed to fully fund the Project, including trail maintenance and operation expenses. ii. RTC will pay City for construction capital costs on a reimbursement basis. RTC shall remit payment for eligible expenditures (see Attachment 2 – Funding and Spending Summary) within forty-five (45) calendar days of receipt of invoices from City.

16.6 iii. City will invoice RTC for reimbursement of construction capital costs on an actual cost basis in proportion to the amount contributed to that project component by each fund type. Federal Earmark and STIP funds will be invoiced first, followed by spending of Measure D Regional funds and the City of Santa Cruz funds that are allocated for construction capital on a proportional basis. iv. The RTC shall pay the City for up to 50% of actual maintenance and operation expenditures up to the amounts shown in the latest approved Measure D Five-Year Plan on an actual cost basis.
v. Use of Measure D revenues are subject to all conditions set forth in the Measure D Ordinance, Expenditure Plan, fund agreements, guidelines, and policies, which are incorporated herein by this reference. Unused funds are subject to reprogramming in subsequent 5-year plan updates. vi. City will invoice RTC for no more than 50% of the trail maintenance costs on an actual cost basis up to the amounts programmed in the latest Measure D Five-Year Plan.
vii. Direct costs associated with the delivery of programs and projects associated with Measure D funds including direct staff costs, consultant costs, and construction costs are eligible uses of Measure D funds. RTC does not allow indirect costs, unless the City submits for RTC approval an independently audited and approved Indirect Cost Allocation Plan (ICAP). This may include, but not be limited to, the ICAP prepared for other state or federal programs.
viii. Beginning within 30 days of execution of this Amendment, City will submit to RTC monthly or quarterly invoices for the prior month's or quarter’s expenditures. ix. After all work for the Project is complete, City will submit a final accounting for all costs.
x. RTC and the Measure D Taxpayer Oversight Committee shall have the ability to audit expenditures and invoices claimed by City under this Agreement to ensure compliance with this Agreement and the Measure D Ordinance and Expenditure Plan. RTC shall provide at least a 30-day notice to City prior to conducting an audit. xi. City shall set up and maintain an appropriate system of accounts to report on Measure D regional funds received.

1. City must account for Measure D regional funds separately for each program or project, and from any other funds received from the RTC.

2. The accounting system shall provide adequate internal controls and audit trails to facilitate an annual compliance audit for Measure D funds and the respective usage and application of said funds.

3. RTC and its representatives, agents and nominees shall have the absolute right at any reasonable time to inspect and copy any accounting records related to such funds following a 30-day notice, except to the extent specifically prohibited by applicable law. xii. City shall, by December 31st of each year, submit to RTC separate independently audited financial statements for the prior fiscal year ending June 30 of Measure D regional funds received and used, including any interest earnings. The audit, which

16.7 shall be made available to the public, shall report on evidence that the expenditure of funds is in accordance with the Expenditure Plan adopted by the voters. Failure to submit the annual report may result in RTC withholding Measure D funds from City until the report is submitted.
xiii. Both parties agree to actively seek funding to reimburse the City and RTC for maintenance costs incurred within the immediately preceding three (3) years.

Nothing in this agreement shall prevent RTC and City to obtain maintenance funds from other private or public sources.

3. Section 9 of the Coop Agreement (Maintenance) shall be replaced in whole with the following:

Section 9. Maintenance: After final completion and acceptance of the Project by the City, the City shall be responsible for maintenance and management of the trail side of the Rail Line right-of-way from Natural Bridges Drive to Pacific Ave and Beach St at the roundabout. This area is designated as the area of the trail along the rail corridor between and inclusive of the fence that separates the trail from the tracks and the outer edge of the Rail Line right of way limit on the trail side of the tracks from Natural Bridges Drive to Pacific Ave and Beach St at the roundabout. Maintenance responsibilities exclude railroad gates, railway-related traffic control systems and flashers. The City will perform the maintenance and management obligations depicted in Attachment 3, Plans of City of Santa Cruz Maintenance Areas, attached hereto and incorporated herein. Where drainage structures cross under the fence line, each party will be responsible for maintaining drainage, including clearing obstructions, on their respective side of the fence line. Except to the extent specified in Attachment 3, the City is not otherwise responsible for any drainage maintenance, weed abatement, vegetation management, or trash collection in the track areas controlled or to be maintained by the Railway, RTC, or other third party. a. Barring any substantial budgetary constraints, The City’s maintenance and management duties shall be for a term of 30 years following the completion and acceptance of the Project.
b. City’s maintenance and management duties shall be limited to only the areas as specified on Attachment 3 and its maintenance duties shall not be expanded to repair, remedy or cure any defects or conditions attributable to Railway, RTC or other third party, except use by the public. Maintenance responsibilities for artwork installed along the trail is addressed in a separate agreement. City may avail itself of any and all legal remedies, including the right to seek reimbursement, from any party responsible for causing damage or contributing to the defective condition of the items for which City has agreed to maintain. c. A protective soil cap has been installed as part of the Project for mitigation of arsenic and hexavalent chromium that were detected above background or screening levels respectively. As part of the deed restriction on Segment 7 of the coastal rail trail, an annual inspection is required to document cap integrity and confirm that the cap has not been removed, damaged or penetrated. For RTC’s

16.8 convenience, the City will perform the annual inspection and submit to CSCEHD and RTC as part of the reimbursable maintenance responsibilities in accordance with the requirements specified in the Segment 7 Post-Construction Site Environmental Management Plan. RTC, to the extent permitted by law, will defend, indemnify, and hold harmless City, its officials, officers, employees, and agents from any claims, damages, or liability relating to the inspection of the soil cap except to the extent such claims, damages, or liability stems from the City’s negligent or wrongful acts or omissions. City shall have no duty to repair any damage to the soil cap, except in proportion to and to the extent that the damage to the soil cap was proximately caused by the City, its employees or agents. d. City is authorized to install plants, trees, benches or other non-artwork features to create a park-like setting in areas along the trail at the City’s own cost and expense and with RTC administrative approval which is consistent with the use of Measure D funds. RTC has sole discretion to deny approval of the proposed features, including but not limited to the potential for excess maintenance and repair costs.

The City will notify RTC and CSCEHD of any planned work in the Project area that will cause disturbance of soil below the protective cap and comply with the requirements in the Segment 7 Post-Construction Environmental Management Plan. The City agrees to maintain these features in a clean and orderly condition, with the Parties sharing the cost of maintenance and repair. The obligations and responsibilities associated with Trail artwork are contained in a separate agreement between the Parties.
e. City has the discretion to prioritize and limit its maintenance duties and costs related to this Project based on the amounts shown in the latest approved Measure D Five-Year Plan and due to other budgetary constraints.

Notwithstanding the City’s discretion to prioritize its maintenance duties provided above, the City remains fully obligated, to the extent permitted by law, to defend, indemnify, and hold harmless RTC, its officials, officers, employees, and agents from any claims, damages, or liability relating to the City’s performance or nonperformance of all of the maintenance duties specified in this Section 9, except to the extent such claims, damages, or liability stems from RTC’s negligent or wrongful acts or omissions.

All terms which are defined in the Coop Agreement shall have the same meaning when used in this Second Amendment, unless specifically provided herein to the contrary. All other terms, conditions and provisions in the Coop Agreement remain in full force and effect. If there is a conflict between the terms of this Second Amendment and the Coop Agreement, the terms of the Coop Agreement will control unless specifically modified by this Second Amendment.

IN WITNESS WHEREOF the parties have executed this Second Amendment on the dates indicated below.

SANTA CRUZ COUNTY REGIONAL

TRANSPORTATION COMMISSION

16.9 DATED:

By: Guy Preston, Executive Director

DATED:

APPROVED AS TO FORM:

By: Steve Mattas, RTC General Counsel

CITY OF SANTA CRUZ
DATED:

By: Matt Huffaker
Title: City Manager

DATED:

APPROVED AS TO FORM:

By: City Attorney
ATTACHMENTS:

1. ATTACHMENT 1 Maps of Phase 1 and Phase 2 for Segment 7 Project

2. ATTACHMENT 2 Funding/Spending Summary

3. ATTACHMENT 3 Plans of City of Santa Cruz Maintenance Areas

16.10 ATTACHMENT 1
Maps of Phase 1 and Phase 2 for Segment 7 Project on MBSST Segment 7, Phase 1 Project Site
Segment 7, Phase 2 Project Site

16.11 ATTACHMENT 2
Funding/Spending Breakdown Table

16.12 ATTACHMENT 3
Plans of City of Santa Cruz Maintenance Areas

16.13 16.14

16.15 16.16
City Council

AGENDA REPORT
DATE: 04/27/2022
AGENDA OF: 05/10/2022
DEPARTMENT: Public Works
SUBJECT: Circle of Friends Community LLC. (111 Errett Circle) Tract No.1611 – Approve Final Map (PW)
RECOMMENDATION: Resolution approving the Final Map for Circle of Friends Community LLC. Subdivision (111 Errett Circle) - Tract No. 1611, and authorizing and directing the City Manager to execute the Subdivision Agreement in a form approved by the City Attorney.

BACKGROUND: At its May 12th, 2020 meeting, City Council approved the tentative map for Tract No. 1611, Circle of Friends Community LLC Subdivision. Circle of Friends Community LLC Subdivision proposed to subdivide the lot into twelve (12) lots which are all single family dwellings with common area located at 111 Errett Circle. The proposed subdivision will have vehicular access by 12 individual driveways and one common driveway with access to the common area on Errett Circle.

DISCUSSION: Staff has reviewed the final map and improvement plans for Tract No. 1611, Circle of Friends Community LLC Subdivision, and found it is conformance with the State and local regulations.

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

Prepared By:

Curtis Busenhart
Engineering Associate
Submitted By:

Mark R. Dettle
Director of Public Works
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. RESOLUTION.DOC

2. VICINITY MAP.PDF

3. SUBDIVISION MAP.PDF

17.1 RESOLUTION NO. NSRESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ APPROVING THE FINAL MAP FOR TRACT NO. 1611, ERRETT CIRCLE SUBDIVISION

AND AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE THE

SUBDIVISION AGREEMENT WITH CIRCLE OF FRIENDS COMMUNNITY LLC WHEREAS, the City Council of the City of Santa Cruz has reviewed the Final Map for Tract No. 1611, Errett Circle Subdivision (111 Errett Circle); and WHEREAS, Staff has found that the Final Map are in conformance with State and local regulations;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Cruz that the Final Map for Tract No. 1611, Errett Circle Subdivision (111 Errett Circle), be and is hereby approved, as presented to the Council this date.

BE IT FURTHER RESOLVED by the City Council of the City of Santa Cruz that the City Manager, be and is hereby authorized and directed to execute the Errett Circle Subdivision Agreement with Circle of Friends Community LLC.

PASSED AND ADOPTED this 10th day of May, 2022, by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

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

17.2 17.3

17.4 City Council

AGENDA REPORT
DATE: 04/28/2022
AGENDA OF: 05/10/2022
DEPARTMENT: Public Works
SUBJECT: Monterey Bay Sanctuary Scenic Trail (Rail Trail) – Segments 8 and 9 (c401804) – Schematic Plans and Cooperative Agreement (PW) RECOMMENDATION: Motion to approve the Interim and Ultimate Trail Schematic Plans for Rail Trail Segments 8 and 9, direct staff to complete final plans for the Ultimate Trail Configuration, and authorize the City Manager to execute a Cooperative Agreement with Santa Cruz County Regional Transportation Commission (RTC), in a form acceptable to the City Attorney. The Public Works Director is authorized to execute change orders within the approved project budget.

BACKGROUND: At its May 12, 2020 meeting, City Council authorized staff to advertise the Rail Trail Segments 8 and 9 (c401804) Request for Qualifications for design, permitting, and environmental review services and authorized the City Manager to execute a contract in a form acceptable to the City Attorney, and authorized the Director of Public Works to execute contract amendments within the approved project budget. The project services were awarded to RRM Design Group (RRM) in the amount of $3,978,397, which is funded by a grant with a local match. RRM had completed the Rail Trail Master Plan and were the designers for Rail Trail Segment 7.

At the time of contract award, only the Ultimate Trail Configuration (Trail next to the Rail Line) was to be designed. Since the original contract execution, the Director of Public Works has approved Contract Amendment No.1 with RRM in the amount of $370,053 for additional schematic plan sets and environmental analysis for the Interim Trail (Trail on the Rail Line) and Contract Amendment No. 2 in the amount of $166,025 for track relocation design and supplemental CEQA alternative analysis and geotechnical investigation.

On September 14, 2021, a Notice of Preparation (NOP) of an Environmental Impact Report (EIR) and Scope Meeting was sent out. The public scoping meeting was held on October 6, 2021. Responses to the NOP closed on October 15, 2021.

On March 31, 2022, project staff and RRM presented preliminary schematic plans at a Virtual Community Open House event where nearly 100 community members were shown the proposed alignments, Ultimate Trail Configuration (Trail next to the Rail Line) and Interim Trail (Trail on the Rail Line). The project team has met and continues to meet with stakeholder groups and impacted departments to evaluate and incorporate comments and ideas into the project design.

This includes meeting with the Seaside Company on September 30, 2021, Port District on

18.1 November 23, 2021, RTC Bicycle Advisory Committee on April 11, 2022, the RTC Elderly and Disabled Transportation Advisory Committee on April 12, 2022, and the City Transportation and Public Works Commission on April 18, 2022.

The Rail Trail Segments 8 and 9 Schematic Plans, Board Plans with public comments, and Virtual Community Open House recording can be found on the City webpage:
www.cityofsantacruz.com/CoastalRailTrail.

DISCUSSION: Rail Trail Segments 8 and 9 is a 2.2 mile bicycle and pedestrian facility in the Santa Cruz Branch Rail Line corridor, from Pacific Avenue to 17th Avenue, where approximately one mile of Segment 9 is within the County of Santa Cruz. The Ultimate Trail Configuration includes a 10-12 foot wide trail next to the rail line and preserves the rail line for future use. The Interim Trail removes the rail line and in its place includes a 12-16 foot wide trail.

The Schematic Plans of both the Ultimate Trail Configuration and Interim Trail represent the completion of the preliminary engineering phase, with enough information to complete the environmental studies and submit for permits. The EIR will include environmental clearance for both the Ultimate Trail Configuration and Interim Trail. The EIR will be structured so the Interim Trail is an optional first phase should future approvals and decisions dictate proceeding with that phase. Staff is recommending approval of both the Ultimate Trail Configuration and Interim Trail, and direction to complete the final plans for the Ultimate Trail Configuration to meet the grant funding timeline. Public comments received will be evaluated to determine incorporation into final design. Final plans need to be completed in Spring of 2023 to comply with the grant.

Staff is also recommending approval of a Cooperative Agreement with the RTC, in a form acceptable to the City Attorney.

FISCAL IMPACT: The project design and environmental review is fully funded by an Active Transportation Program (ATP) Cycle 3 grant and Santa Cruz County Land Trust local match.

Additional funds from RTC Measure D in the amount of $370,000 will be added to the project during Capital Investment Program (CIP) FY 2023 budget process for additional analysis and plans of the Interim Trail. Construction funding has yet to be secured. Staff will be applying for an ATP Cycle 6 construction grant. There is no impact to the General Fund.

Prepared By:

Nathan N. Nguyen
Assistant Director of Public
Works/City Engineer
Submitted By:

Mark R. Dettle
Director of Public Works
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. DRAFT COOPERATIVE AGREEMENT.PDF

18.2 REGIONAL MONTEREY BAY SANCTUARY SCENIC TRAIL
SEGMENTS 8 & 9

COOPERATIVE AGREEMENT
AGREEMENT #
This AGREEMENT, effective on _________________________, (EFFECTIVE DATE) is between the Santa Cruz County Regional Transportation Commission, referred to as RTC, and City of Santa Cruz, a political subdivision of the State of California, referred to hereinafter as CITY. RTC and CITY may be referred to herein as PARTY or PARTIES collectively.

RECITALS

1. PARTIES are authorized to enter into a cooperative agreement for work on the Santa Cruz Branch Rail Line, hereinafter as RAIL LINE.

2. For the purpose of this AGREEMENT, the project described in the Project Description Exhibit A to this AGREEMENT, will be referred to hereinafter as PROJECT.

3. RTC purchased from Union Pacific Railroad and now owns that certain real property identified as RAIL LINE right-of-way for preservation, continuation of freight and recreational rail service, implementation of additional recreational rail service, potential future passenger rail service and construction of a bicycle and pedestrian trail.

4. RTC secured the services of St. Paul & Pacific Railroad, LLC (RAILWAY) for the purpose of maintaining and providing recreational and freight rail services on a FREIGHT EASEMENT of 10 feet from the centerline of any track on the RAIL LINE and entered into an Administration, Coordination and License Agreement (ACL) with RAILWAY, and the ACL is incorporated herein by this reference dated July 16, 2018.

5. All references to the ACL herein shall refer to the most current ACL and amendments available at the time of the design and approval of the PROJECT.

6. RTC produced and adopted the Monterey Bay Sanctuary Scenic Trail (MBSST) Network Master Plan, as revised on February 6, 2014, and certified the MBSST Network Master Plan Final Environmental Impact Report (EIR) on November 7, 2013, which includes construction of a multi-use trail along the RAIL LINE right-of-way and is incorporated herein by this reference; and the MBSST Network Master Plan identifies design standards and guidelines.

18.3 2
DRAFT – SCCRTC-City of Santa Cruz Cooperative Agreement

7. All references to the MBSST Network Master Plan herein shall refer to the most current MBSST Network Master Plan and amendments available at the time of the design and approval of the PROJECT.

8. RTC has entered into a Remedial Action Agreement (RAA) for the RAIL LINE right-of-way with the County of Santa Cruz Environmental Health Division (CSCEHD) which assigns CSCEHD the role as regulatory oversight agency for characterization and potential remedial action under Sections 101480 through 101490 of the California Health and Safety Code, and the RAA is incorporated by this reference dated June 13, 2017.

9. All obligations and responsibilities assigned in this AGREEMENT to complete the following PROJECT COMPONENT[S] will be referred to hereinafter as WORK:
 PROJECT APPROVAL AND ENVIRONMENTAL DOCUMENT (PA&ED)
 PLANS, SPECIFICATIONS, AND ESTIMATE (PS&E)
 RIGHT-OF-WAY
Each PROJECT COMPONENT is defined in the California Department of Transportation (CALTRANS) Workplan Standards Guide Version 12.5 dated March 2020 as a distinct group of activities/products in the project planning and development process. The Workplan Standards Guide shall be used as a guide for the activities contemplated under this AGREEMENT. RTC may, in its sole discretion, waive the completion of certain activities listed in the Guide when PROJECT circumstances warrant it. The term AGREEMENT, as used herein, includes this document and any attachments, exhibits, and amendments.

10. The following work associated with this PROJECT has been completed or is in progress:
 No prior work has been completed on this PROJECT.

11. In this AGREEMENT capitalized words represent defined terms, initialisms, or acronyms.

RESPONSIBILITIES

12. PARTIES hereby set forth the terms, covenants, and conditions of this AGREEMENT.

13. Project Description

14. PARTIES agree that for the purpose of this AGREEMENT, the details of the PROJECT are documented in the Project Description Exhibit A to this AGREEMENT.

18.4 3
DRAFT – SCCRTC-City of Santa Cruz Cooperative Agreement

15. PARTIES will amend this AGREEMENT by updating and replacing the Project Description, in its entirety, each time any details of the Project Description change. Project Description replacements will be executed by a legally authorized representative of the respective PARTIES. The most current fully executed Project Description supersedes any previous Project Description created for this AGREEMENT.

Sponsorship

16. A SPONSOR is responsible for establishing the scope of the PROJECT and securing the financial resources to fund the WORK. A SPONSOR is responsible for securing additional funds when necessary or implementing PROJECT changes to ensure the WORK can be completed with the funds obligated in this AGREEMENT.

17. PROJECT changes shall be approved by RTC as the owner/operator of the RAIL LINE right-of way.

18. CITY is SPONSOR for the WORK in this AGREEMENT.

Implementing Agency

19. The IMPLEMENTING AGENCY is the PARTY responsible for managing the scope, cost, schedule, and quality of the work activities and products of a PROJECT COMPONENT.  CITY is the Project Approval and Environmental Document (PA&ED) IMPLEMENTING AGENCY. PA&ED includes the completion of the Final Environmental Document (documenting the project alternative selection).  CITY is the Plans, Specifications, and Estimate (PS&E) IMPLEMENTING AGENCY. PS&E includes the development of the plans, specifications, and estimate, including those needed for off-site environmental mitigation; and, obtaining any resource agency permits.
 CITY is the RIGHT-OF-WAY IMPLEMENTING AGENCY. RIGHT-OF-WAY includes coordination with utility owners for the protection, removal, or relocation of utilities; the preparation of utility agreements and notice(s) to owners to relocate; the acquisition of right-of-way interests, including those needed for off-site environmental mitigation; and post-construction work such as right-of-way monumentation/recordation, relinquishments/vacations, and excess land transactions.

The RIGHT-OF-WAY component budget identifies the cost of the capital costs of right-of-way acquisition, which includes the PROJECT cost of utility relocations and off-site environmental mitigation (RIGHT-OF-WAY Capital) and the cost of the staff work in support of the capital cost (RIGHT-OF-WAY Support).

18.5 4
DRAFT – SCCRTC-City of Santa Cruz Cooperative Agreement

20. Any PARTY responsible for completing WORK will invite the other PARTY to participate in the selection of any consultant proposed to perform WORK on the PROJECT. RTC reserves explicit authority to administratively approve or reject proposed consultants.

21. Any PARTY employing consultants, contractors and subcontractors to perform WORK shall require consultants, contractors and subcontractors to defend and indemnify the other PARTY, RAILWAY, and each of their respective officials, officers, employees and agents, from any claims demands and liability arising from such work to the fullest extent allowed by applicable law.

22. Any PARTY employing engineering firms to prepare plans, specifications, and estimates will ensure that the firms will not be employed by or under a contract for the construction of the PROJECT. However, an engineering firm may be retained during construction to check shop drawings, do soil foundation tests, test construction materials and perform construction surveys.

23. Any PARTY responsible for completing WORK will make its personnel and consultants that prepare WORK available to help resolve WORK related problems and changes for the entire duration of the PROJECT including WORK that may occur during the construction component of the PROJECT.

RTC’s Oversight

24. RTC will provide oversight to ensure that CITY’s WORK is in accordance with applicable standards, including but not limited to the MBSST Network Master Plan. RTC oversight does not include any efforts necessary to develop or deliver WORK or any validation by verifying or rechecking WORK. RTC’s review and approval of the WORK as consistent with applicable standards shall not waive any claims or exonerate any contractor or subcontractor from liability for any defects in completion of any WORK component or in the design thereof whether patent or latent

25. When RTC performs oversight, it does so for its own benefit. No one can assign liability to RTC due to its oversight.

26. RTC, as the owner/operator of the RAIL LINE right-of-way, will approve WORK products outputs in accordance with RTC’s policies and guidance and as indicated in this AGREEMENT. If RTC agreements, policies or guidance that pertain to the WORK are updated or amended while this AGREEMENT is effective, RTC shall provide current policy or guidance document to CITY.

27. CITY will provide WORK related products and supporting documentation upon RTC’s request for the purpose of RTC oversight.

18.6 5
DRAFT – SCCRTC-City of Santa Cruz Cooperative Agreement CEQA/NEPA Lead Agency

28. CITY is the California Environmental Quality Act (CEQA) Lead Agency for the PROJECT.

29. CALTRANS is the National Environmental Policy Act (NEPA) Lead Agency for the PROJECT.

Environmental Permits, Approvals and Agreements

30. PARTIES will comply with the commitments and conditions set forth in the environmental documentation, environmental permits, approvals, and applicable agreements as those commitments and conditions apply to each PARTIES’ responsibilities in this AGREEMENT.

31. Unless otherwise assigned in this AGREEMENT, the IMPLEMENTING AGENCY for a PROJECT COMPONENT is responsible for all PROJECT COMPONENT WORK associated with coordinating, obtaining, implementing, renewing, and amending the PROJECT permits, agreements, and approvals whether they are identified in the planned project scope of work or become necessary in the course of completing the PROJECT.

Project Approval and Environmental Document (PA&ED)

32. As the PA&ED IMPLEMENTING AGENCY, CITY is responsible for all PA&ED WORK except those activities and responsibilities that are assigned to another PARTY and those activities that are excluded under this AGREEMENT.

33. RTC will be responsible for completing the following PA&ED activities:

PA&ED Activity AGREEMENT
Funded Cost
RTC Oversight No

34. CITY will notify RTC and CSCEHD (i) of any planned activity within the RAIL LINE right-of-way that will result in soil disturbance, and (ii) that CITY is responsible for CSCEHD oversight cost as specified in the RAA during PA&ED.

18.7 6
DRAFT – SCCRTC-City of Santa Cruz Cooperative Agreement

35. The PARTY preparing environmental documentation, including studies and reports, will ensure that qualified personnel remain available to help resolve environmental issues and perform any necessary work to ensure that the PROJECT remains in environmental compliance.

36. CITY will provide written notice of the initiation of environmental studies to the NEPA Lead Agency prior to completing any other PA&ED work.

California Environmental Quality Act (CEQA)

37. Environmental documentation will be prepared in compliance with all applicable provisions of California Public Resources Code §21000 et seq.

38. In consultation with RTC, the CEQA Lead Agency will determine the type of CEQA documentation required for the PROJECT. The CEQA Lead Agency will cause that documentation to be prepared in accordance with CEQA requirements.

39. The PARTY involved in the preparation of CEQA documentation will prepare the documentation to meet CEQA requirements and follow the CEQA Lead Agency’s standards that apply to the CEQA process.

40. Any PARTY preparing any portion of the CEQA documentation, including any studies and reports, will submit that portion of the documentation to the CEQA Lead Agency for review, comment, and approval at appropriate stages of development prior to public availability.

41. CITY will submit CEQA-related public notices to RTC for review, comment, and approval prior to publication and circulation.

42. CITY will submit all CEQA-related public meeting materials to RTC for review, comment, and approval at least ten (10) working days prior to the applicable public meeting date.

43. If CITY makes any changes to public meeting materials that were previously provided to RTC, then CITY will allow RTC to review, comment, and concur on those changes at least three (3) working days prior to the public meeting date.

44. The CEQA Lead Agency will attend all CEQA-related public meetings.

45. If a PARTY who is not the CEQA Lead Agency holds a public meeting about the PROJECT, that PARTY must clearly state its role in the PROJECT and the identity of the CEQA Lead Agency on all meeting publications. All meeting publications must also inform the attendees that public comments collected at the meetings are not part of the CEQA public review process.

18.8 7
DRAFT – SCCRTC-City of Santa Cruz Cooperative Agreement

46. That PARTY will submit all meeting advertisements, agendas, exhibits, handouts, and materials to the CEQA Lead Agency for review, comment, and approval at least ten (10) working days prior to publication or use. If that PARTY makes any changes to the materials, it will allow the CEQA Lead Agency to review, comment on, and approve those changes at least three (3) working days prior to the public meeting date.

47. The CEQA Lead Agency shall maintain final editorial control with respect to text or graphics that could lead to public confusion over CEQA-related roles and responsibilities.

National Environmental Policy Act (NEPA)

48. In consultation with CITY and RTC, the Lead Agency will determine the type of NEPA documentation. The NEPA Lead Agency will cause that documentation to be prepared in accordance with NEPA requirements.

49. The NEPA Lead Agency will review, comment, and approve all environmental documentation (including, but not limited to, studies, reports, public notices, and public meeting materials, determinations, administrative drafts, and final environmental documents) at appropriate stages of development prior to approval and public availability.

50. When required, the NEPA Lead Agency will conduct consultation and coordination and obtain, renew, or amend approvals pursuant to the Federal Endangered Species Act, and Essential Fish Habitat.

51. When required, the NEPA Lead Agency will conduct consultation and coordination approvals pursuant to Section 106 of the National Historic Preservation Act.

52. Any PARTY involved in the preparation of NEPA documentation will follow Federal Highway Administration (FHWA) and CALTRANS standards that apply to the NEPA process including, but not limited to, the guidance provided in the FHWA Environmental Guidebook and the CALTRANS Standard Environmental Reference.

53. Any PARTY preparing any portion of the NEPA documentation (including, but not limited to, studies, reports, public notices, and public meeting materials, determinations, administrative drafts, and final environmental documents) will submit that portion of the documentation to the NEPA Lead Agency for review, comment, and approval at least ten (10) working days prior to public availability. If that PARTY makes any changes to the materials, it will allow the NEPA Lead Agency to review, comment on, and approve those changes at least three (3) working days prior to the applicable public meeting date.

18.9 8
DRAFT – SCCRTC-City of Santa Cruz Cooperative Agreement

54. If a PARTY who is not the NEPA Lead Agency holds a NEPA public meeting about the PROJECT, that PARTY must clearly state its role in the PROJECT and the identity of the NEPA Lead Agency on all meeting publications.

55. CITY will prepare, publicize, and circulate all NEPA-related public notices, including Federal Register notices. CITY will submit all notices to the NEPA Lead Agency and RTC for review, comment, and approval prior to publication and circulation.

56. The NEPA Lead Agency will attend all NEPA-related public meetings.

57. CITY will submit all NEPA-related public meeting materials to the NEPA Lead Agency and RTC for review, comment, and approval at least ten (10) working days prior to the applicable public meeting date.

58. If a PARTY who is not the NEPA Lead Agency holds a public meeting about the PROJECT, that PARTY must clearly state its role in the PROJECT and the identity of the NEPA Lead Agency on all meeting publications. All meeting publications must also inform the attendees that public comments collected at the meetings are not part of the NEPA public review process.

59. That PARTY will submit all meeting advertisements, agendas, exhibits, handouts, and materials to the NEPA Lead Agency for review, comment, and approval at least ten (10) working days prior to publication or use. If that PARTY makes any changes to the materials, it will allow the NEPA Lead Agency to review, comment on, and approve those changes at least three (3) working days prior to the public meeting date.

60. The NEPA Lead Agency shall maintain final editorial control with respect to text or graphics that could lead to public confusion over NEPA-related roles and responsibilities.

61. CITY will ensure that the PROJECT is included in the approved Federal Statewide Transportation Improvement Program (FSTIP) prior to the NEPA Lead Agency’s approval of the environmental document.

Plans, Specifications, and Estimate (PS&E)

62. As the PS&E IMPLEMENTING AGENCY, CITY, is responsible for all PS&E WORK except those activities and responsibilities that are assigned to another PARTY and those activities that are excluded under this AGREEMENT.

63. RTC will be responsible for completing the following PS&E activities:

18.10 9
DRAFT – SCCRTC-City of Santa Cruz Cooperative Agreement PS&E Activity AGREEMENT
Funded Cost
RTC Oversight No
Boundary Survey No

64. CITY will notify RTC and CSCEHD (i) of any planned activity within the RAIL LINE right-of-way that will result in soil disturbance, and (ii) that CITY is responsible for CSCEHD oversight cost as specified in the RAA during PS&E.

65. CITY will prepare Utility Conflict Maps identifying the accommodation, protection, relocation, or removal of any existing utility facilities that conflict with construction of the PROJECT.

66. All arrangements for the protection, relocation, or removal of all conflicting utility facilities will be addressed in the PROJECT plans, specifications, and estimate.

67. CITY will determine the cost to positively identify and locate, accommodate, protect, relocate, or remove any utility facilities whether inside or outside the RAIL LINE right-ofway in accordance with federal and California laws and regulations, and RTC’s policies, procedures, standards, practices, and applicable agreements.

68. CITY will prepare Third-Party Encroachment Conflict Maps identifying the removal of any existing third party (non-utility) encroachments that conflict with construction of the PROJECT.

69. RTC will make all necessary arrangements with property owners for the timely removal of any encroachment that conflicts with the construction of the PROJECT prior to the preparation of PS&E. All third-party encroachment conflicts (non-utility)not otherwise resolved will be addressed in the PROJECT plans, specifications, and estimate.

70. CITY will be the applicant for all applicable California Public Utility Commission (CPUC) approvals.

71. CITY will prepare and transmit regulatory permit applications. CITY will provide a copy of all permit applications at least 10-days in advance of transmittal for RTC’s review and concurrence. All permit conditions will be addressed in the PROJECT plans, specifications and estimate.

18.11 10
DRAFT – SCCRTC-City of Santa Cruz Cooperative Agreement

RIGHT-OF-WAY

72. As the RIGHT-OF-WAY IMPLEMENTING AGENCY, CITY is responsible for all RIGHT-OF-WAY WORK except those activities and responsibilities that are assigned to another PARTY and those activities that are excluded under this AGREEMENT.

73. RTC will be responsible for completing the following RIGHT-OF-WAY activities:

RIGHT-OF-WAY Activity AGREEMENT
Funded Cost
RTC Oversight No

74. CITY will make all necessary arrangements with utility owners for the timely accommodation, protection, relocation, or removal of any existing utility facilities that conflict with construction of the PROJECT.

75. CITY will provide RTC a copy of utility conflict maps, relocation plans, proposed notices to owner, reports of investigation, and utility agreements (if applicable) for RTC’s concurrence prior to RTC issuing the notices to owner and executing any utility agreements.

76. All utility conflicts will be fully addressed prior to Right-of-Way Certification.

77. CITY will provide RTC a copy of Third-Party Encroachment Conflict Maps for RTC’s concurrence. RTC will issue the Notices to Owner. RTC will make all necessary arrangements with third-party property owners (non-utility) for the timely removal of any encroachment that conflicts with the construction of the PROJECT.

78. All encroachments will be fully identified prior to Right-of-Way Certification.

79. A Maintenance Agreement must be executed prior to Right-of-Way Certification, unless PARTIES mutually agree to other arrangements in writing.

80. CITY will engage or provide a land surveyor licensed in the State of California to be responsible for surveying and right-of-way engineering. All survey and right-of-way engineering documents will bear the professional seal, certificate number, registration classification, expiration date of certificate, and signature of responsible surveyor.

81. When RIGHT-OF-WAY is funded with State or Federal funds the acquisition of right-ofway will not occur prior to the approval of the environmental document.

18.12 11
DRAFT – SCCRTC-City of Santa Cruz Cooperative Agreement

82. The RTC Board is responsible for hearing and adopting Resolutions of Necessity for acquisitions of right-of-way.

83. If CITY acquires any right-of-way to be incorporated into the RAIL LINE right-of-way, CITY will acquire in RTC’s name.

84. Title to the RAIL LINE right-of-way will ultimately be vested in the name of RTC. RTC’s acceptance of title will occur after the Right-of-Way Closeout activities, as identified in the CALTRANS Workplan Standards Guide, are complete.

85. CITY will submit a draft Right-of-Way Certification to RTC six (6) weeks prior to scheduled Right-of-Way Certification milestone date for review.

86. Physical and legal possession of the right-of-way must be secured prior to advertising the construction contract, unless PARTIES mutually agree to other arrangements in writing.

87. RTC’s acceptance of right-of-way title is subject to review of an Updated Preliminary Title Report provided by CITY verifying that the title is free of all encumbrances and liens.

Upon acceptance by RTC, CITY will provide RTC with a Policy of Title Insurance in RTC’s name.

88. Right-of-way conveyances from third parties must be completed prior to completion of the WORK unless PARTIES mutually agree to other arrangements in writing.

Funding

89. The WORK does not use RTC administered regional Measure D funds. PARTIES will amend this AGREEMENT should this condition change.

90. If an IMPLEMENTING AGENCY anticipates that funding for the WORK will be insufficient to complete the WORK, the IMPLEMENTING AGENCY will promptly notify the SPONSOR.

Invoicing and Payment

91. No invoicing or reimbursement will occur for any PROJECT COMPONENT covered by this AGREEMENT

18.13 12
DRAFT – SCCRTC-City of Santa Cruz Cooperative Agreement Schedule

92. PARTIES will manage the WORK schedule to ensure the timely use of obligated funds and to ensure compliance with any environmental permits, right-of-way agreements, construction contracts, and any other commitments. PARTIES will communicate schedule risks or changes as soon as they are identified and will actively manage and mitigate schedule risks.

93. The IMPLEMENTING AGENCY for each PROJECT COMPONENT will furnish PARTIES with written monthly progress reports during the completion of the WORK.

Measure D Requirements

94. CITY shall, by December 31st of each year, submit to RTC separate independently audited financial statements for the prior fiscal year ending June 30 of Measure D funds received and used. The RTC may consider extensions of the due date on a case-by-case basis. The audit, which shall be made available to the public, shall report on evidence that the expenditure of funds is in accordance with the Expenditure Plan adopted by the voters. The RTC will prepare a publicly available annual report on past and upcoming activities and publish an annual financial statement on the RTC website

95. CITY shall actively conduct public outreach, in partnership with RTC and/or its advisory committees, as a means of ensuring that the public has the ability to access information about which projects and programs are funded with Measure D funds.

96. CITY shall, by December 31st of each year, submit to RTC an annual report (covering the prior fiscal year) regarding programs and projects on which CITY expended Measure D funds. The CITY board shall annually adopt the annual report, after holding a public hearing. The annual report shall include 1) a five-year program of projects including information about each of the projects to be funded with Measure D revenues. CITY shall submit the program of projects to the RTC in a format that can be easily understood by members of the public; and 2) Description of expenditures of Measure Revenues from the most recently completed fiscal year. Some agencies may adopt the five-year program of projects as part of their annual budget, capital improvement programs, or other process earlier in the year, but must submit the list no later than December 31.

97. CITY shall document expenditure activities and report on the performance of Measure D funded activities through the annual report process, or through other RTC performance and reporting processes as they may be requested, including but not limited to the annual FiveYear Program of Projects, planning and monitoring reports. The RTC shall utilize information from CITY on expenditures to prepare a comprehensive report to the public on the expenditure of Measure D revenues.

18.14 13
DRAFT – SCCRTC-City of Santa Cruz Cooperative Agreement

98. CITY shall install or mount signage adjacent to Measure D funded construction projects, so Santa Cruz County taxpayers are informed as to how CITY is using Measure D funds. See separate “Measure D: Sign Specifications” for additional signage guidance.

99. CITY shall provide current and accurate information on CITY’S website, to inform the public about how CITY plans to use and is using Measure D funds. CITY shall notify RTC staff once the draft 5-year program of projects is available for public review and at least two weeks in advance of the anticipated date of the public hearing and board action on the annual 5-Year Program of Projects.
100. Pursuant to California Public Utilities Code Section 180001(e), CITY shall use Measure D funds to supplement and not replace existing local revenues used for transportation purposes. Measure D revenues also shall not be used to replace revenues used for existing agency indirect costs or overhead. As set forth in the Measure D Ordinance: Existing funds, revenues and other resources being used for transportation purposes include but are not limited to federal and state funding, the collection of traffic impact mitigation fees, other local impact fees, and dedications of property. The funds generated by the Transportation Tax shall not be used to replace existing transportation funding or to replace requirements for new development to provide for its own transportation needs. The entities receiving Measure D Revenues shall maintain their existing commitment of discretionary local transportation-related expenditures for transportation purposes pursuant to the ordinance, and the RTC shall enforce this requirement by appropriate actions, including fiscal audits of the local agencies. CITY shall report on their compliance in the annual guidance.

Additional Provisions
Standards
101. PARTIES will comply with all applicable federal and California laws, regulations, and standards during the performance of the WORK; FHWA standards (when federal funds are used); CALTRANS standards (based on AASHTO standards); AREMA Standards for railroad facilities or facilities affecting railroads; and, RTC Standards. RTC Standards are:
 Monterey Bay Sanctuary Scenic Trail Network 2013 Master Plan  Sanctuary Scenic Trail Standards Manual - Signs and Exhibits Specifications adopted in 2013
RTC shall provide CITY with all applicable documents constituting RTC Standards applicable to performance of the WORK during the Term of this AGREEMENT.

18.15 14
DRAFT – SCCRTC-City of Santa Cruz Cooperative Agreement Right of Entry Agreement(s)
102. CITY is responsible for obtaining a right of entry agreement from the RAILWAY prior to entering the RAIL LINE right-of-way to perform the PROJECT WORK. 103. RTC shall grant CITY, its agents, consultants, and contractors a right of entry agreement(s) to enter the RAIL LINE, upon CITY’s agreement to meet all of RTC’s requirements for obtaining such agreement.

Qualifications
104. Each PARTY will ensure that personnel participating in WORK are appropriately qualified or licensed to perform the tasks assigned to them.

Encroachment Permits
105. The IMPLEMENTING AGENCY for a PROJECT COMPONENT will coordinate, prepare, obtain, implement, renew, and amend any encroachment permits needed to complete the WORK.

Protected Resources
106. If any PARTY discovers unanticipated cultural, archaeological, paleontological, or other protected resources during WORK, all WORK in that area will stop and that PARTY will notify all other PARTIES within 24 hours of discovery. WORK may only resume after a qualified professional has evaluated the nature and significance of the discovery in accordance with all applicable state and federal laws and regulations and RTC approves a plan for its removal or protection.

Disclosures
107. PARTIES will hold all preliminary drafts of final reports, studies, materials, and documentation relied upon, produced, created, or utilized for the WORK in confidence to the extent permitted by law and where applicable, the provisions of California Government Code, Section 6254.5(e) will protect the confidentiality of such documents in the event that said documents are shared between PARTIES.
108. PARTIES will not distribute, release, or share said documents with anyone other than employees, agents, and consultants who require access to complete the WORK without the written consent of the PARTY authorized to release them, unless required or authorized to do so by law.

18.16 15
DRAFT – SCCRTC-City of Santa Cruz Cooperative Agreement 109. If a PARTY receives a public records request pertaining to the WORK, that PARTY will notify PARTIES within five (5) working days of receipt and make PARTIES aware of any disclosed public documents. PARTIES will consult with each other prior to the release of any public documents related to the WORK.

Hazardous Materials
110. HM-1 is hazardous material (including, but not limited to, hazardous waste) that may require removal and disposal pursuant to federal or state law, irrespective of whether it is disturbed by the PROJECT or not.
111. HM-2 is hazardous material (including, but not limited to, hazardous waste) that may require removal and disposal pursuant to federal or state law only if disturbed by the PROJECT.
112. The management activities related to HM-1 and HM-2, including and without limitation, any necessary manifest requirements and disposal facility designations are referred to herein as HM-1 MANAGEMENT and HM-2 MANAGEMENT respectively. 113. If HM-1 or HM-2 is found the discovering PARTY will immediately notify all other PARTIES.
114. RTC, independent of the PROJECT, is responsible for any HM-1 found within the existing RAIL LINE right-of-way. RTC will undertake, or cause to be undertaken, HM-1 MANAGEMENT with minimum impact to the PROJECT schedule. 115. RTC will pay, or cause to be paid, the cost of HM-1 MANAGEMENT for HM-1 found within the existing RAIL LINE right-of-way with funds that are independent of the funds obligated in this AGREEMENT.
116. If HM-1 is found within the PROJECT limits and outside the existing RAIL LINE right-ofway, responsibility for such HM-1 rests with the owner(s) of the parcel(s) on which the HM-1 is found. CITY in concert with the local agency having land use jurisdiction, will ensure that HM-1 MANAGEMENT is undertaken with minimum impact to PROJECT schedule.
117. The cost of HM-1 MANAGEMENT for HM-1 found within the PROJECT limits and outside the existing RAIL LINE right-of-way will be paid from funds that are independent of the funds obligated in this AGREEMENT and will be the responsibility of the owner(s) of the parcel(s) where the HM-1 is located.
118. The IMPLEMENTING AGENCY that disturbs HM-2 material is responsible for HM-2 MANAGEMENT during the performance of that work.

18.17 16
DRAFT – SCCRTC-City of Santa Cruz Cooperative Agreement 119. The cost of HM-2 MANAGEMENT for HM-2 found within the PROJECT limits will be paid from funds designated for the WORK necessary to complete the PROJECT COMPONENT that disturbs the HM-2 hazardous material.
120. RTC’s acquisition or acceptance of title to any property on which any HM-1 or HM-2 is found will proceed in accordance with direction provided by RTC’s Executive Director.

Claims
121. PARTIES will confer on any claim that may affect the WORK or PARTIES’ liability or responsibility under this AGREEMENT.
122. Any claims that pertain to RTC’s real property and appurtenances may only be compromised, settled, or litigated with RTC’s participation and consent. For claims that do not pertain to RTC’s real property or appurtenances, a PARTY may settle such a claim without RTC consent, so long as the PARTY (i) confers with RTC in advance of the settlement, (ii) the settlement results in a full and complete release at no cost to RTC, and (iii) the settlement does not impose any immediate or ongoing obligations on RTC.

Accounting and Audits
123. If the WORK expends state or federal funds, each PARTY will comply with the Federal Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards of 2 CFR, Part 200. PARTIES will ensure that any for-profit consultant hired to participate in the WORK will comply with the requirements in 48 CFR, Chapter 1, Part 31. When state or federal funds are expended on the WORK these principles and requirements apply to all funding types included in this AGREEMENT. 124. PARTIES will maintain and will ensure that any consultant hired by PARTIES to participate in WORK will maintain, a financial management system that conforms to Generally Accepted Accounting Principles (GAAP), and that can properly accumulate and segregate incurred PROJECT costs and billings.
125. PARTIES will maintain and make available to each other all WORK-related documents, including financial data, during the term of this AGREEMENT. 126. PARTIES will retain all WORK-related records for three (3) years after the CLOSEOUT STATEMENT Exhibit B.
127. PARTIES will require that any consultants hired to participate in the WORK will comply with this GAAP.

18.18 17
DRAFT – SCCRTC-City of Santa Cruz Cooperative Agreement 128. PARTIES have the right to audit each other in accordance with generally accepted governmental audit standards.
129. RTC, CITY, or any other funding agency, including its consultants or agents, shall have access to all WORK -related records of each PARTY for audit, examination, excerpt, or transcription.
130. The examination of any records will take place in the offices and locations where said records are generated and/or stored and will be accomplished during reasonable hours of operation. The auditing PARTY will be permitted to make copies of any WORK-related records needed for the audit.
131. The audited PARTY will review the draft audit, findings, and recommendations, and provide written comments within thirty (30) calendar days of receipt. 132. Upon completion of the final audit, PARTIES have forty-five (45) calendar days to refund or invoice as necessary in order to satisfy the audit findings. 133. Any audit dispute not resolved by PARTIES is subject to mediation. Mediation will follow the process described in the General Conditions section of this AGREEMENT. 134. If the WORK expends state or federal funds, each PARTY will undergo an annual audit in accordance with the Single Audit Act in the Federal Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards as defined in 2 CFR, Part 200.
135. When a PARTY reimburses a consultant for WORK with state or federal funds, the procurement of the consultant and the consultant overhead costs will be in accordance with the 2020 Caltrans Local Assistance Procedures Manual, Chapter 10. 136. The auditors of the State of California or the Taxpayer Oversight Committee for Measure D may examine all records relative to the goods, services, equipment, materials, supplies or other assistance provided to PARTIES for the PROJECT. The PARTIES agree to allow the auditor(s) and Taxpayer Oversight Committee access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, PARTIES agree to include a similar right to the State auditor(s) and Taxpayer Oversight Committee to audit records and interview staff in any contract related to performance of this AGREEMENT.

18.19 18
DRAFT – SCCRTC-City of Santa Cruz Cooperative Agreement Interruption of Work
137. If WORK stops for any reason, and the WORK could impair the safety or operation of the RAIL LINE, IMPLEMENTING AGENCY for the relevant PROJECT COMPONENT will place the RAIL LINE right-of-way in a safe and operable condition acceptable to RTC. 138. If WORK stops for any reason, each PARTY will continue to implement the obligations of this AGREEMENT, including the commitments and conditions included in the environmental documentation, permits, agreements, or approvals that are in effect at the time that WORK stops, and will keep the PROJECT in environmental compliance until WORK resumes.

Penalties, Judgements and Settlements
139. The SPONSOR will be responsible for obtaining funds to cover the costs of awards, judgements, settlements, and legal challenges to the environmental process or documentation that may be generated by the WORK.
140. Any PARTY whose action or lack of action causes the levy of fines, interest, or penalties will indemnify and hold all other PARTIES harmless per the terms of this AGREEMENT.

Environmental Compliance
141. If during performance of WORK additional activities or environmental documentation is necessary to keep the PROJECT in environmental compliance, PARTIES will amend this AGREEMENT to include completion of those additional tasks.

GENERAL CONDITIONS
Independent Agreement
142. This AGREEMENT is separate from and does not modify or replace any other cooperative agreement or memorandum of understanding between the PARTIES regarding the PROJECT.

Integration
143. This AGREEMENT is the final expression of the agreement between the PARTIES related to the WORK, and shall supersede any oral understanding or writings pertaining to the WORK. The requirements of this AGREEMENT shall take precedence over any conflicting requirements in any documents that are made an express part of this AGREEMENT.

18.20 19
DRAFT – SCCRTC-City of Santa Cruz Cooperative Agreement Severability
144. If any term, provision, covenant or restriction of this AGREEMENT is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the terms, provisions, covenants and restrictions of this AGREEMENT shall remain in full force and effect and shall in no way be affected, impaired or invalidated.

Amendment
145. Except as otherwise provided in the AGREEMENT, PARTIES will execute a written amendment if there are any changes to the terms of this AGREEMENT.

Closure Statement
146. PARTIES agree to sign the CLOSURE STATEMENT, Exhibit B, to terminate this AGREEMENT. However, all indemnification, document retention, audit, claims, environmental commitment, legal challenge, maintenance and ownership articles will remain in effect until terminated or modified in writing by mutual agreement or expire by the statute of limitations.

Governing Law; Venue
147. In the event of a dispute between the PARTIES to this AGREEMENT regarding or related to the terms and provisions contained herein, the PARTIES mutually agree that the sole venue for any such dispute shall be the Superior Court of the County of Santa Cruz, and that the terms and provisions of this AGREEMENT shall be interpreted under the laws of the State of California. Indemnification.
148. Neither RTC nor any of their officers and employees, are responsible for any injury, damage, or liability occurring by reason of anything done or omitted to be done by CITY, its contractors, sub-contractors, and/or its agents under or in connection with any work, authority, or jurisdiction conferred upon CITY under this AGREEMENT. It is understood and agreed that CITY, to the extent permitted by law, will defend, indemnify, and save harmless RTC and all of their officers and employees from all claims, suits, or actions of every name, kind, and description brought forth under, but not limited to, tortious, contractual, inverse condemnation, or other theories and assertions of liability occurring by reason of anything done or omitted to be done by CITY, its contractors, sub-contractors, and/or its agents under this AGREEMENT.

18.21 20
DRAFT – SCCRTC-City of Santa Cruz Cooperative Agreement 149. Neither CITY nor any of their officers and employees, are responsible for any injury, damage, or liability occurring by reason of anything done or omitted to be done by RTC, its contractors, sub-contractors, and/or its agents under or in connection with any work, authority, or jurisdiction conferred upon RTC under this AGREEMENT. It is understood and agreed that RTC, to the extent permitted by law, will defend, indemnify, and save harmless CITY and all of their officers and employees from all claims, suits, or actions of every name, kind, and description brought forth under, but not limited to, tortious, contractual, inverse condemnation, or other theories and assertions of liability occurring by reason of anything done or omitted to be done by RTC, its contractors, sub-contractors, and/or its agents under this AGREEMENT.

Non-parties
150. PARTIES do not intend this AGREEMENT to create a third-party beneficiary or define duties, obligations, or rights for entities not signatory to this AGREEMENT. PARTIES do not intend this AGREEMENT to affect their legal liability by imposing any standard of care for fulfilling the WORK different from the standards imposed by law. 151. PARTIES will not assign or attempt to assign obligations to entities not signatory to this AGREEMENT without the approval of the other PARTY formalized in a written amendment to this AGREEMENT.

Ambiguity and Performance
152. PARTIES will not interpret any ambiguity contained in this AGREEMENT against PARTIES. PARTIES waive the provisions of California Civil Code, Section 1654. 153. A waiver of a PARTY’s performance under this AGREEMENT will not constitute a continuous waiver of any other provision.
154. A delay or omission by a PARTY to exercise a right or power due to a default shall not negate that PARTY’s ability to use of that right or power in the future.

Defaults
155. If any PARTY defaults in its performance of the WORK, a non-defaulting PARTY will request in writing that the default be remedied within thirty (30) calendar days. If the defaulting PARTY fails to do so, the non-defaulting PARTY may initiate the dispute resolution procedure described herein.

18.22 21
DRAFT – SCCRTC-City of Santa Cruz Cooperative Agreement Term
156. This AGREEMENT will begin on the EFFECTIVE DATE and remain in effect until the Work has been completed and a CLOSURE STATEMENT has been executed.

Termination
157. Notwithstanding any other provision of this AGREEMENT, this AGREEMENT may be terminated prior to completion of the Work in accordance with the provisions below:
 Termination for Convenience.

This AGREEMENT may be terminated by any PARTY for any reason, provided that the terminating PARTY gives not less than thirty (30) calendar days’ written notice (delivered by certified mail, return receipt requested) of intent to terminate.  Termination for Cause.

If a PARTY fails to cure a breach of material term of this AGREEMENT within ten (10) days’ notice by the non-breaching PARTY, then the non-breaching PARTY may immediately terminate or suspend this AGREEMENT for cause.  Condition of Right-of-Way Upon Termination
If this AGREEMENT is terminated prior to completion of the WORK, then the IMPLEMENTING AGENCY engaged in PROJECT WORK in the right-of-way at the time of termination will be responsible for restoring the PROJECT right-of-way to a safe and operable condition acceptable to RTC.

Dispute Resolution
158. PARTIES will first attempt to resolve AGREEMENT disputes at the PROJECT team level.

If they cannot resolve the dispute themselves, the RTC Executive Director and the Director of Public Works of CITY will attempt to negotiate a resolution. If PARTIES do not reach a resolution, the PARTIES will engage in non-binding mediation, using a mediator mutually acceptable to both PARTIES. PARTIES agree to participate in mediation in good faith and the costs of mediation will be apportioned equally between them. 159. Neither the dispute nor the mediation process shall relieve PARTIES from full and timely performance of the WORK in accordance with the terms of this AGREEMENT. However, if any PARTY stops fulfilling its obligations, any other PARTY may seek equitable relief to ensure that the WORK continues.

18.23 22
DRAFT – SCCRTC-City of Santa Cruz Cooperative Agreement 160. No PARTY may file a civil complaint until after mediation, or forty-five (45) calendar days after filing the written mediation request, whichever occurs first. 161. PARTIES maintain the ability to pursue alternative or additional dispute remedies if a previously selected remedy does not achieve resolution.

Attorneys’ Fees
162. If a PARTY to this AGREEMENT brings any action, including arbitration or an action for declaratory relief, to enforce or interpret a provision of this AGREEMENT the prevailing PARTY shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that PARTY may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.

Independent Agencies
163. PARTIES to this AGREEMENT are independent agencies. Nothing in this AGREEMENT shall be interpreted to render or employees of RTC to be employees or CITY nor be interpreted to render employees CITY to be employees of RTC.

Prevailing Wage
164. When WORK falls within the Labor Code § 1720(a)(1) definition of "public works" in that it is construction, alteration, demolition, installation, or repair; or maintenance work under Labor Code § 1771, PARTIES will conform to the provisions of Labor Code §§ 1720- 1815, and all applicable provisions of California Code of Regulations, Title 8, Division 1, Chapter 8, Subchapter 3, Articles 1-7. PARTIES will include prevailing wage requirements in contracts for public work and require contractors to include the same prevailing wage requirements in all subcontracts.
165. Work performed by a PARTY’s own employees is exempt from the Labor Code's Prevailing Wage requirements.
166. If WORK is paid for, in whole or part, with federal funds and is of the type of work subject to federal prevailing wage requirements, PARTIES will conform to the provisions of the Davis-Bacon and Related Acts, 40 U.S.C. §§ 3141-3148.
167. When applicable, PARTIES will include federal prevailing wage requirements in contracts for public works. WORK performed by a PARTY’s employees is exempt from federal prevailing wage requirements.

18.24 23
DRAFT – SCCRTC-City of Santa Cruz Cooperative Agreement Notice
RTC
Grace Blakeslee, Regional Project Manager
1523 Pacific Avenue
Santa Cruz, CA 95060-3911
Office Phone: 831.460.3219
Email: [email protected]
CITY
Nathan Nguyen, Project Manager
City of Santa Cruz Public Works Department,
809 Center Street, Room 201
Santa Cruz, CA 95060
Office Phone: 831.420.5188
Email: [email protected]

18.25 24
DRAFT – SCCRTC-City of Santa Cruz Cooperative Agreement

SIGNATURES
PARTIES are empowered to enter into this AGREEMENT and have delegated to the undersigned the authority to execute this AGREEMENT on behalf of the respective agencies and covenants to have followed all the necessary legal requirements to validly execute this AGREEMENT.

Signatories may execute this AGREEMENT through individual signature pages provided that each signature is an original or electronic signature. This AGREEMENT is not fully executed until all original signatures or electronic signatures are attached.

CITY OF SANTA CRUZ SANTA CRUZ COUNTY REGIONAL
TRANSPORTATION COMMISSION:

Name: Matt Huffaker
Title: City Manager
Date:

Name: Guy Preston
Title: Executive Director
Date:

APPROVED AS TO FORM: APPROVED AS TO FORM:

Name:

Title: Office of the City Attorney
Date:

Name: Steve Mattas
Title: General Counsel to SCCRTC
Date:

APPROVED AS TO RISK: APPROVED AS TO RISK:

Name: [Insert]
Title: : [Insert]
Date:

Name: Yesenia Parra
Title: Administrative Services Officer
Date:

18.26 EXHIBIT A - PROJECT DESCRIPTION
This project will develop the project approval and environmental review (PA&ED), plans, specifications, and estimate (PS&E), and right-of-way (ROW) pre-construction phases for Segments 8 (partial) and 9 of the Monterey Bay Sanctuary Scenic Trail (MBSST). These segments were defined in the MBSST Network Master Plan and are located within the City of Santa Cruz and unincorporated Santa Cruz County and will connect to Pacific Avenue to the north (adjacent to the Wharf roundabout) and 17th Avenue to the south. The project will construct approximately two-anda-half- (2.5-) miles of paved multiuse bicycle/pedestrian trail within the RTC-owned Santa Cruz Branch Rail Line (SCBRL) right-of-way. These segments are proposed on both the coastal and inland sides of SCBRL tracks and runs through commercial, residential, coastal, and park zones.

The railroad tracks are considered active. There is an ongoing study being conducted by the RTC to assess the feasibility of providing public mass transit service in the future.

Segment 8
Segment 8 extends from Beach Street and the Pacific Street intersection to the San Lorenzo River Railroad Bridge. This existing segment of the trail alignment consists of a two-way cycle track, which follows the coastal side of Beach Street to the San Lorenzo River Rail Bridge. The San Lorenzo River Rail Bridge pedestrian access was improved by the City of Santa Cruz in 2019 to provide a 10ft bicycle and pedestrian path. Segment 8 was modified from its description in the MBSST to not include the San Lorenzo River railroad trestle bridge. • 0.77 miles (4,070 LF) existing Class II bike lanes
Segment 9
Segment 9 extends 1.5 miles and begins at the eastern side of the San Lorenzo River Trestle and continues down the coast on the inland side of the tracks to 7th Avenue. At 7th Avenue the trail switches from the inland side of the tracks to the coastal side of the rail tracks. A new trail bridge will be needed to cross the Woods Lagoon (the Santa Cruz small craft harbor). After the harbor crossing the trail will continue to Schwan Lagoon. A new trail bridge will be needed running parallel to the rail bridge at upper Schwan Lagoon, as will a smaller trail bridge (or large culvert) crossing at a drainage between Live Oak and El Dorado Avenues. A new bike and pedestrian at-grade crossing is proposed adjacent to the Simpkins Family Swim Center parking lot to access El Dorado Avenue on the inland side of the tracks. The trail will parallel the Simpkins Family Swim Center to 17th Avenue.

Segment 9 proposed improvements include:
• 1.53 miles (8,100 LF) multi-use paved path (Class I)
• 0.20 miles (1,040 LF) on-street facilities (Segments 9A and 9B)

18.27 26
DRAFT – SCCRTC-City of Santa Cruz Cooperative Agreement • One (1) new bike/pedestrian bridge crossing over the harbor • One (1) new bike/pedestrian bridge crossing Upper Schwan Lagoon • One (1) new bike/pedestrian bridge crossing (rail culvert crossing) near El Dorado Avenue • Four (4) road crossings (Mott Avenue, Seabright Avenue, 7th Avenue) • Two (2) rail crossings (trail spur at El Dorado Avenue, 7th Avenue) • Fencing may be considered when project is implemented Segment 8 Map

18.28 27
DRAFT – SCCRTC-City of Santa Cruz Cooperative Agreement Segment 9 Map

18.29 28
DRAFT – SCCRTC-City of Santa Cruz Cooperative Agreement Segment 9 Map

18.30 29
DRAFT – SCCRTC-City of Santa Cruz Cooperative Agreement

EXHIBIT B - CLOSURE STATEMENT & INSTRUCTIONS
Did PARTIES complete all scope, cost and schedule commitments included in this AGREEMENT and any amendments to this AGREEMENT?

YES / NO
Did RTC accept and approve all final deliverables submitted by other PARTIES?

YES / NO
Did the RTC Director of Budget and Finance verify that all final accounting for this AGREEMENT and any amendments to this AGREEMENT were completed?

YES / NO
If construction is involved, did the RTC Executive Director verify that all claims and third-party billings (utilities, etc.) have been settled before termination of the AGREEMENT?

YES / NO
Did PARTIES complete and transmit the As-Built Plans, Project History File, and all other required contract documents?

YES / NO
If ALL answers are “YES”, this form may be used to TERMINATE this AGREEMENT.

18.31 30
DRAFT – SCCRTC-City of Santa Cruz Cooperative Agreement

CLOSURE STATEMENT
PARTIES agree that they have completed all scope, cost, and schedule commitments included in Agreement ____________ and any amendments to the agreement. The final signature date on this document terminates agreement ____________ except survival articles. All survival articles in agreement ______________ will remain in effect until expired by law, terminated or modified in writing by the PARTIES’ mutual agreement, whichever occurs earlier.

The people signing this agreement have the authority to do so on behalf of their public agencies.

SANTA CRUZ COUNTY REGIONAL TRANSPORTATION COMMISSION

Guy Preston Date
Executive Director

CITY OF SANTA CRUZ

Matt Huffaker Date
City Manager

18.32 City Council

AGENDA REPORT
DATE: 04/28/2022
AGENDA OF: 05/10/2022
DEPARTMENT: Public Works
SUBJECT: Recycling Center Storm Water Quality Improvements (c402111) – Award Contract (PW)
RECOMMENDATION: Motion to approve a contract modification and change order with Clear Creek Systems, Inc. (Bakersfield, CA), for providing stormwater treatment system rental at the Resource Recovery Facility Recycling Center. 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 Resource Recovery Facility (RRF) is regulated under the State Water Resources Control Board’s Industrial Storm Water General Permit (IGP). The RRF is divided into several drainage areas for compliance monitoring purposes, one of which is the Recycling Center. The IGP requires the implementation of stormwater best management practices (BMPs) to reduce or prevent pollutants in stormwater. In addition to various BMPs already implemented at the Recycling Center, a pilot stormwater treatment system was rented and installed at the RRF this year to capture and treat stormwater coming from the Recycling Center as part of the RRF’s continuing effort to improve the site’s stormwater quality.

DISCUSSION: The pilot stormwater treatment system is designed to convey captured stormwater through a series of tanks to improve settlement. The stormwater is treated further via sand filters before its discharged back into the RRF’s storm drain system, where it flows into Lombardi Creek. City Staff requested a change order to add an extra pump and necessary accessories, upsize the generator, and add a fuel cell to make sure the system runs through the weekend. The rental period was also extended from the initial six months to seven months in case there is more rain coming in May. The project was originally bid as an informal project but the change order and rental period extension pushed the purchase to a formal project (over $100,000).

Section 3.08.150 of the Purchasing Ordinance allows the Purchasing Manager to award a contract without competition when there is only one source for the required item/service.

Purchasing concurs that Clear Creek Systems, Inc. is the only company that should continue to provide the additional stormwater treatment system rental compatible with the design configuration and water treatment system equipment already in place.

19.1 FISCAL IMPACT: The project is estimated to cost $136,188 and is funded by FY 2022 Capital Investment Program (CIP) project, Recycling Center Storm Water Quality Improvements (c402111). There is no impact to the General Fund.

Prepared By:

Hoi Yu
Associate Professional
Engineer
Submitted By:

Mark R. Dettle
Director of Public Works
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

None.

19.2 City Council

AGENDA REPORT
DATE: 05/03/2022
AGENDA OF: 05/10/2022
DEPARTMENT: Public Works
SUBJECT: Cayuga Street Striping Improvements (m400029) – Budget Adjustment (PW)
RECOMMENDATION: Motion to:
1) Adopt a resolution amending the FY 2022 budget to appropriate funds in the amount of $100,000 to install striping improvements on Cayuga Street (m400029); and 2) Approve the Cayuga Street Striping Improvement Plan.

BACKGROUND: Neighborhood efforts to reduce speeding and increase stop yield compliance has warranted an evaluation of the roadway. Santa Cruz Police Department temporarily placed their radar speed trailer on Cayuga Street to help mitigate perceived speeding.

DISCUSSION: Cayuga Street is a residential street that has been identified in the City of Santa Cruz (City)’s adopted Active Transportation Plan, including bike lanes and Neighborhood Greenway. The proposed striping plan improvements is a phased approach toward a Neighborhood Greenway (low speed street for people of all ages and abilities). This will allow for staff to monitor striping impacts and collect feedback from residents for future improvements. Additional roadway improvements can be added over time, as prioritization of staff resources and funding opportunities allow.

FISCAL IMPACT: The total project cost of the striping improvements is estimated at $90,000.

The budget adjustment appropriates $100,000 from the General Fund to fully fund the striping improvements with any contingencies.

Prepared By:

Nathan N. Nguyen
Assistant Director of Public
Works/City Engineer
Submitted By:

Mark R. Dettle
Director of Public Works
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. BUDGET ADJUSTMENT.PDF

2. CAYUGA STREET STRIPING IMPROVEMENTS.PDF

20.1 City of Santa Cruz

BUDGET ADJUSTMENT REQUEST
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ACCOUNT REVENUE EDEN ACCOUNT TITLE

TOTALREVENUE

ACCOUNT EXPENDITURE EDENACCOUNT TITLE

TOTAL EXPENDITURE
NET: $

REQUESTED BY

DEPARTMENT HEAD

APPROVAL

BUDGET/ACCOUNTING
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FINANCE DIRECTOR

APPROVAL

CITYMANAGER

APPROVAL
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Clear Form
2022
04/20/2022
Install striping improvements, bike lanes and crosswalks, on Cayuga Street 0 101-40-61-4210-54390 m400029-100-2020-0 Maintenance - other infrastructure 100,000 City Street Restriping - Maintenance
100,000
-100,000
Christin
a Alberti
Digitally signed by Christina Alberti
DN: cn=Christina Alberti, o=City of Santa
Cruz, ou=Public Works,
[email protected],
c=US
Date: 2022.04.20 12:49:02 -07'00'
Mark
Dettle
Digitally signed
by Mark Dettle
Date: 2022.04.26
08:13:03 -07'00'
Nicholas
Gong
Digitally signed by Nicholas Gong
DN: cn=Nicholas Gong, o=City of
Santa Cruz, ou=Finance,
[email protected],
c=US
Date: 2022.04.27 14:16:02 -07'00'
Bobby
Magee
Digitally signed by Bobby Magee
DN: cn=Bobby Magee, o=City of
Santa Cruz, ou=Finance,
[email protected]
m, c=US
Date: 2022.04.27 15:34:19 -07'00'

20.2 7' 6' 10.5' 6' 7' 10.5' 7' 6' 10.5' 6' 7' 10.5' 7' 6' 10.5' 6' 7' 10.5' MATCHLINE STA 12+23 SOQUEL AVE. 01+00 02+00 03+00 04+00 05+00 06+00 07+00 08+00 09+00 10+00 11+00 12+00 13+00 CAYUGA ST.

HANOVER ST.

EFFEY ST. 7' 6' 10.5' 6' 7' 10.5' 7' 6' 10' 6' 7' 10' 7' 6' 10' 6' 7' 10' 7' 6' 10' 6' 7' 10' MATCHLINE STA 24+44

MATCHLINE
STA 12+23 12+00 13+00 14+00 15+00 16+00 17+00 18+00 19+00 20+00 21+00 22+00 24+00 25+00 CAYUGA ST. CAYUGA ST.

WINDSOR ST.

BROADWAY
WINDHAM ST. 23+00 REFERENCES DRAWING #: FIELD BOOK: DESIGN CHECKED DATE DRAWN VAULT NO. SCALE SHEET OF 809 Center Street, Room 201 Santa Cruz, CA 95060 REVISIONS P U B L I C W O R K S D E P A R T M E N T SANTACRUZ C I T Y O F C I T Y O F S A N T A C R U Z C A L I F O R N I A 1866 # SOQUEL TO WINDHAM STRIPING IMPROVEMENTS CAYUGA STREET # # DENNDEAPR 2022 1" = 40' 1 2 LEGEND: (E) RED CURB (N) RED CURB GENERAL NOTES: 1. ALL STRIPING AND PAVEMENT MARKINGS SHALL BE THERMOPLASTIC AND MUST MEET 2018 CALTRANS SPECIFICATIONS 2. PRIOR TO INSTALLING THERMOPLASTIC ON TO ANY CONCRETE, CLEAN AND APPLY PRIMER 3. DETAIL 21 AND 22 SHALL INCLUDE BLACK STRIPING BETWEEN DOUBLE 4" YELLOW LINES STRIPING NOTES: 1. AHD: "AHEAD" LEGEND (w/ BLACK BACKING) 2. BBL: BUFFERED BIKE LANE (INSIDE DETAIL 39/OUTSIDE DETAIL 39A AND 6" WHITE HATCH, 45 DEGREE ANGLE, 12' GAP) 3. BTA: BIKE AND THROUGH ARROW 4. BTAG: BIKE AND THROUGH ARROW [GREEN VIZIGRIP] 5. CW: CROSSWALK (12" WHITE LINE WITH 2" BLACK LINES [BOTH SIDES]) 6. HAL: 4" WHITE HATCH LINE, 45 DEGREE ANGLE, 8' GAP 7. LL: LIMIT LINE (12" WHITE LINE) 8. PED: "PED" LEGEND (w/ BLACK BACKING) 9. RLEG: REMOVE LEGEND 10. RSTR: REMOVE STRIPING LINE 11. SLOW: "SLOW" LEGEND (w/ BLACK BACKING) 12. SP25: 25 MPH SPEED LIMIT LEGEND 13. STP: "STOP" LEGEND 14. STPB: "STOP" LEGEND (w/ BLACK BACKING) 15. TEE: PARKING TEE LINE (4" WHITE LINE) 16. XNG: "XING" LEGEND (w/ BLACK BACKING) 17. YL: YIELD LINE I A REENI GNE L C I V I L F CA I F L OR N FESS I O N A ETA PR E TS I GER ETS R D O O No. C 079670 N. Nguyen 20.3
7' 6' 10.5' 6' 7' 10.5' 7' 6' 10' 10' 6' 7' 2' 2' 7' 10' 8' 10' 7' 8' 7' 10' 8' MATCHLINE STA 24+44

MATCHLINE
STA 34+76 24+00 25+00 26+00 27+00 28+00 29+00 30+00 31+00 32+00 33+00 34+00 35+00 JAMES ST.

CLINTON ST. PINE ST.

PINE ST. BUENA VISTA AVE. CAYUGA ST. 14' 5' 5' 12' CAYUGA ST. 7' 6' 10' 10' 6' 7' 2' 2' 7' 6' 10' 10' 6' 7' 2' 2' 7' 10' 8' 10' 7' 8' 10' 7' 8' 7' 10' 8' MATCHLINE STA 34+76 35+00 36+00 37+00 38+00 39+00 40+00 41+00 42+00 43+00 44+00 45+00 IDAHO AVE.

LOGAN ST.

HIAWATHA AVE. CAYUGA ST. CAYUGA ST. CAYUGA ST.

IDAHO AVE.

LOGAN ST. REFERENCES DRAWING #: FIELD BOOK: DESIGN CHECKED DATE DRAWN VAULT NO. SCALE SHEET OF 809 Center Street, Room 201 Santa Cruz, CA 95060 REVISIONS P U B L I C W O R K S D E P A R T M E N T SANTACRUZ C I T Y O F C I T Y O F S A N T A C R U Z C A L I F O R N I A 1866 # JAMES TO HIAWATHA STRIPING IMPROVEMENTS CAYUGA STREET # # DENNDEAPR 2022 1" = 40' 2 2 LEGEND: (E) RED CURB (N) RED CURB GENERAL NOTES: 1. ALL STRIPING AND PAVEMENT MARKINGS SHALL BE THERMOPLASTIC AND MUST MEET 2018 CALTRANS SPECIFICATIONS 2. PRIOR TO INSTALLING THERMOPLASTIC ON TO ANY CONCRETE, CLEAN AND APPLY PRIMER 3. DETAIL 21 AND 22 SHALL INCLUDE BLACK STRIPING BETWEEN DOUBLE 4" YELLOW LINES STRIPING NOTES: 1. AHD: "AHEAD" LEGEND (w/ BLACK BACKING) 2. BBL: BUFFERED BIKE LANE (INSIDE DETAIL 39/OUTSIDE DETAIL 39A AND 6" WHITE HATCH, 45 DEGREE ANGLE, 12' GAP) 3. BTA: BIKE AND THROUGH ARROW 4. BTAG: BIKE AND THROUGH ARROW [GREEN VIZIGRIP] 5. CW: CROSSWALK (12" WHITE LINE WITH 2" BLACK LINES [BOTH SIDES]) 6. HAL: 4" WHITE HATCH LINE, 45 DEGREE ANGLE, 8' GAP 7. LL: LIMIT LINE (12" WHITE LINE) 8. PED: "PED" LEGEND (w/ BLACK BACKING) 9. RLEG: REMOVE LEGEND 10. RSTR: REMOVE STRIPING LINE 11. SLOW: "SLOW" LEGEND (w/ BLACK BACKING) 12. SP25: 25 MPH SPEED LIMIT LEGEND 13. STP: "STOP" LEGEND 14. STPB: "STOP" LEGEND (w/ BLACK BACKING) 15. TEE: PARKING TEE LINE (4" WHITE LINE) 16. XNG: "XING" LEGEND (w/ BLACK BACKING) 17. YL: YIELD LINE 20.4 City Council

AGENDA REPORT
DATE: 04/27/2022
AGENDA OF: 05/10/2022
DEPARTMENT: Public Works
SUBJECT: Civic Auditorium and Harvey West Pool Mechanical Improvements (m609195) – Notice of Completion (PW)
RECOMMENDATION: Motion to accept the work of George H. Wilson, Inc. (Santa Cruz, CA) and to authorize the filing of the Notice of Completion for the Civic Auditorium and Harvey West Pool Mechanical Improvements Project (m609195).

BACKGROUND: City Council approved the authorization to advertise this project at its January 26, 2021 meeting and authorized the City Manager to execute the contract once the bid was awarded to the lowest and most responsible bidder. George H Wilson, Inc. submitted the lowest responsible bid and was awarded the contract. Construction began in July 2021. Aging equipment at the Harvey West Pool and Civic Auditorium has surpassed its useful life and is costing the City financially in wasted energy and temporary repairs. Replacement systems were designed at both sites to increase efficiency and longevity, and reduce maintenance.

DISCUSSION: The work for this project is now complete. The project has been inspected by staff and found to be constructed in accordance with the project plans and specifications.

FISCAL IMPACT: The total project cost was $392,499. The project is primarily funded through a no-interest loan of $295,690 from PG&E that will be paid back over 10 years. The remaining project costs are funded $40,000 from the General Fund and $56,809 from the Capital Investment Program (CIP) as budgeted.

Prepared By:

Ryan Haley
Assistant Engineer II
Submitted By:

Mark R. Dettle
Director of Public Works
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. NOTICE OF COMPLETETION.DOCX

21.1 Civic Auditorium and Harvey West Mechanical Improvements Notice of Completion (Space above for Recorder’s use only)
This instrument is being recorded for the benefit of the City of Santa Cruz.

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

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

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

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

2. Project Title and Number. The full name of the work of improvement/public works project (the “Project”) which is the subject of this Notice of Completion is: Civic Auditorium and Harvey West Pool Mechanical Improvements (m609195)

3. Nature of Work Performed on the Property or Materials Furnished for the City. The Project consisted of work described as: Replacement of outdated HVAC equipment.

4. The general site location description or address (the “Property”) of the public improvement is located at: 711 Center Street and 326 Harvey West Boulevard

5. Name and Address of Contractor. The Contractor on the Project is: Geo H. Wilson Mechanical Contractors Inc. 250 Harvey West Boulevard, Santa Cruz, CA 95060

6. Date of Completion. The Project on the Property was completed on: March 29, 2022

7. The filing of this Notice of Completion was authorized by the Santa Cruz City Council Minute Order on Tuesday, May 10, 2022
DATE: ___________________
Mark Dettle
Director of Public Works, City of Santa Cruz
RECORDED AT THE REQUEST OF:

City of Santa Cruz, Public Works
Attn: Ryan Haley
WHEN RECORDED MAIL TO:

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

21.2 Civic Auditorium and Harvey West Mechanical Improvements Notice of Completion

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

Executed on ____________________at Santa Cruz, CA
Ryan Haley
Assistant Engineer II, City of Santa Cruz

21.3 Civic Auditorium and Harvey West Mechanical Improvements Notice of Completion

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

Direct Contractor: Geo H. Wilson Mechanical Contractors 250 Harvey West Boulevard
Santa Cruz, CA 95060
☐ REGISTERED, CERTIFIED, OR EXPRESS MAIL: by placing the Notice in a sealed envelope with postage fully prepaid and depositing the envelope in the United States mail by registered, certified, or express mail. Documentation of such service is attached herein. ☐ OVERNIGHT DELIVERY: by causing the Notice to be picked up for overnight delivery by an express service carrier. Documentation of such service is attached herein. ☐ PERSONAL DELIVERY: by causing the Notice to be personally delivered to each of the addresses above stated on the date below.
☐ CODE OF CIV. PROC. § 415.20: by leaving the Notice and mailing a copy of the Notice in the manner provided under California Code of Civil Procedure § 415.20 for service of a summons and complaint in a civil action.

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

Executed on May 10, 2022, at Santa Cruz, California.

Ryan Haley

21.4 City Council

AGENDA REPORT
DATE: 04/25/2022
AGENDA OF: 05/10/2022
DEPARTMENT: Water
SUBJECT: Newell Creek Pipeline Improvement Project – Final Environmental Impact Report and Project Approval (WT)
RECOMMENDATION: Motion to:
1) Adopt a resolution certifying the Final Environmental Impact Report for the Newell Creek Pipeline Improvement Project; and
2) Adopt a resolution adopting the Findings of Fact, Statement of Overriding Considerations, and a Mitigation, Monitoring, and Reporting Program and approving the Newell Creek Pipeline Improvement Project.

BACKGROUND: The City’s Newell Creek Pipeline (NCP) is a critical water transmission facility which conveys raw water to and from Loch Lomond Reservoir for storage and later use by the City to meet system demands, particularly during drought periods or when storm events impact water quality at other sources. The existing pipeline extends approximately nine miles through unincorporated Santa Cruz County areas between the Graham Hill Water Treatment Plant (GHWTP) on the south and Newell Creek Dam on the north. The pipeline was constructed circa 1960 and is experiencing increased frequency of breaks due to age, pipe condition (corrosion), and unstable geologic conditions along the alignment. In addition, subsequent development near the pipeline has created differing conditions along the pipeline alignment, which has resulted in access constraints for maintenance and repair activities. The proposed Newell Creek Pipeline Improvement Project (Proposed Project) is intended to address these issues. The following objectives have been identified for the project:

1. Address identified deficiencies in the NCP conditions to maintain full system functioning without interruption, in order to protect water supply reliability and service to the City’s customers.

2. Improve long-term reliability of the City’s water supply infrastructure between Loch Lomond Reservoir and the GHWTP such that it can continue to function as an integral part of the City’s overall water supply system.

3. Improve access to the NCP to facilitate inspection, maintenance, and repair of the pipeline system, while minimizing the potential for environmental and property damage impacts.

4. Site the NCP to consider constructability, optimize accessibility for maintenance, and minimize the potential for future failures during the life of the pipeline.

22.1 5. Implement NCP project segments that are cost-effective in terms of both capital and operation/maintenance costs.

DISCUSSION: The Proposed Project consists of replacement of 8.75 miles of the existing NCP with a new, primarily 24-inch pipeline, with one segment consisting of 30-inch pipeline. The pipeline would generally be installed within existing road pavement, right-of-way (ROW), and/or City easements. The Proposed Project would make minor realignments of the existing pipeline to take the pipeline out of inaccessible, geologically unstable, or environmentally sensitive areas where feasible, or to avoid private property. The northern segment of the project, from Newell Creek Dam to the Felton Booster Pump Station, would generally replace the pipeline in the same location, with minor realignments to avoid private properties. The southern segment of the project, from the Felton Booster Pump Station to GHWTP, would largely relocate the pipeline from its current alignment along Pipeline Road in Henry Cowell Redwoods State Park into the Graham Hill Road ROW. Once the replacement pipeline is installed, the existing NCP would generally be abandoned in place and above-ground appurtenances would be removed. Figure 3-5A and Figure 3-5B (provided as attachments to this staff report) show a detailed overview of the Proposed Project northern and southern segments, respectively.

The Proposed Project was broken out into separate phases of construction to be implemented between approximately 2023 and 2032. The highest priority segments for replacement were identified as the Brackney North segment and the Felton to Graham Hill segment; engineering design for these segments is underway under individual capital improvement projects and construction is anticipated to commence in 2023, following completion of design and Council approval of plans and specifications for these segments. Design and construction of the remaining pipeline segments are planned for subsequent years.

City staff and consultants have been planning and preparing environmental documentation pursuant to the California Environmental Quality Act (CEQA) for the Proposed Project since April 2020. The City contracted with Dudek to complete the environmental review for the Proposed Project under the Master Services Agreement for CEQA Compliance and Environmental Permitting for a total of $604,415. An Environmental Impact Report (EIR) was identified as the most appropriate level of environmental review for the Proposed Project. The EIR was based on engineering designs when available, and a conservative disturbance corridor was assumed for the remaining segments of the pipeline without designs; thus, the EIR constitutes a project-level review for the replacement of the entire alignment. Comments on the scope and content of the EIR were accepted during the Notice of Preparation (NOP) public review period from January 15, 2021 to February 16, 2021, and a public scoping meeting that was held on February 2, 2021. The NOP was uploaded to the State Clearinghouse and mailed to local, regional, and federal agencies, interested residents adjacent to the alignment, and the Water Commission. Notices of the public scoping meeting and comment period were provided in the Santa Cruz Sentinel and Press Banner newspapers, posted at the Church Street bulletin board at City Hall, and uploaded to the City’s environmental documents webpage. The City received one (1) public comment on the NOP from the Native American Heritage Commission, which detailed statutory obligations for tribal consultation under Assembly Bill (AB) 52 and Senate Bill (SB) 18. Pursuant to these statues, the City contacted the Native American Heritage Commission (NAHC) for a list of tribal contacts culturally affiliated with the project area and provided opportunities for consultation with each of the contacts provided by the NAHC. No requests for formal consultation pursuant to AB 52 were received.

22.2 The Newell Creek Pipeline Improvement Project Draft Environmental Impact Report (DEIR) was released for a 45-day public review period from November 22, 2021 to January 5, 2022, and a public meeting was held on December 9, 2022. The same outreach methods were followed as with the NOP. Additionally, hard copies of the DEIR were provided at the Water Department and Planning Department public counters, the Santa Cruz Downtown Branch Library, and the Felton Branch Library.

Pursuant to CEQA Guidelines Section 15128, the various possible effects of the Proposed Project that were determined to not be significant were disclosed but not analyzed in detail in the DEIR. These environmental resource topics included: aesthetics, agriculture and forest resources, land use, mineral resources, population and housing, public services, recreation, and utilities and service systems. The DEIR included a detailed analysis of the following environmental issue areas:
• Air Quality
• Biological Resources
• Cultural Resources and Tribal Cultural Resources
• Energy
• Geology and Soils
• Greenhouse Gas Emissions
• Hazards and Hazardous Materials
• Hydrology and Water Quality
• Noise and Vibration
• Transportation
• Wildfire
• CEQA-Required Sections: Significant Unavoidable Impacts, Significant Irreversible Changes, Growth Inducement, Cumulative Impacts, and Alternatives The DEIR disclosed impacts to Biological Resources, Geology and Soils, Hazards and Hazardous Materials, Hydrology and Water Quality, and Noise and Vibration. All of the identified impacts would be reduced to a less-than-significant level with the application of mitigation measures or Standard Construction Practices (see the city web link provided on this staff report for the Mitigation Monitoring and Reporting Program), with the exception of limited nighttime noise impacts at two locations. Nighttime noise impacts would be the result of 24-hour pipeline activities during the installation of the Brackney pipeline. This section of new pipeline will be installed with a trenchless technique called horizontal direction drilling, or HDD. As the name implies, HDD is a horizontal drilling activity requiring 24-hour operation until completed to avoid borehole collapse, or seizing of the drilling equipment.

A total of five (5) comment letters were received on the DEIR: from the Federal Emergency Management Association (FEMA), State Water Resources Control Board (SWRCB), California Department of Fish and Wildlife (CDFW), California Department of Parks and Recreation (State Parks), and Santa Cruz County Fire Department (County Fire). The comments received raised several environmental issues including impacts to regulatory floodways, special-status species, requirements to comply with federal and statewide regulations (e.g., California Fish and Game Code) prior to and during construction, and wildfire impacts.

The Final Environmental Impact Report (FEIR) was prepared in response to public comments received and to make clarifications and/or corrections to the analysis contained in the DEIR.

22.3 Comments and responses are provided in Chapter 7 of the FEIR. The FEIR was released on March 25, 2022 and notification was provided to all commenting agencies.

Given the long, linear nature of pipeline construction, and the project’s location within or adjacent to urban or rural residential areas, temporary disruptions to the community are anticipated. In particular, the replacement pipeline segment along Graham Hill Road will be placed primarily within the public right-of-way, necessitating temporary road closures to install the pipe. As Graham Hill Road is a highly traveled arterial roadway, used both for commuter traffic between Felton and Santa Cruz and for residential access, construction along its length will require careful traffic control and signage, in coordination with the County through their encroachment permit process. It is anticipated that changeable message signs would be set up in the north by the Graham Hill Road/Highway 9 intersection and in the south by Ocean Street in Santa Cruz to inform the public to expect delays on Graham Hill Road. Additionally, City staff completed a construction traffic analysis to evaluate the benefit of rerouting traffic to other roadways, as opposed to temporarily closing one lane on Graham Hill Road and routing traffic using flaggers, signs, and striping as needed. It was found that with a closure length of ½-mile, excessive queueing or delays would not occur and that alternative routes would result in greater delays than temporary road closures of that length.

Additional community impacts also related to project construction include noise that residents along the alignment may experience. Construction noise was analyzed in detail in the EIR and standard construction practices and mitigation measures are incorporated into the project to reduce noise impacts during construction where feasible. The City will identify a construction noise coordinator to respond to all community complaints during the project and respond accordingly. Further, the City’s typical communication channels, such as regular project updates on the project webpage and/or specific outreach with interested residents, will be used to ensure there is clear and consistent communication throughout the duration of construction.

The Water Commission has received information on the purpose, need, cost, scope, schedule, and environmental impacts of the project and has found the analyses to be sound. With the Water Commission’s comprehensive review of the project and support of staff’s recommendation, the next step would be for City Council to certify the Final EIR and approve the project. It is therefore recommended that City Council, by resolution, (1) certify the Final EIR for the Newell Creek Pipeline Improvement Project and (2) adopt Findings of Fact, Statement of Overriding Considerations, and a Mitigation Monitoring and Reporting Program and approve the Newell Creek Pipeline Improvement Project.

FISCAL IMPACT: Certification of the Final EIR and project approval has no direct fiscal implications. However, future contracts related to project construction would be required to be approved by the City for project implementation. The cost of the project is being incorporated into the Department’s financial planning efforts.

Prepared By:

Danny DeBrito
Associate Planner
Submitted By:

Rosemary Menard
Water Director
Approved By:

Matt Huffaker
City Manager

22.4 ATTACHMENTS:

1. RESOLUTION CERTIFYING THE FINAL EIR.DOCX

2. RESOLUTION ADOPTING FINDINGS OF FACT.DOCX

3. EXHIBIT A.PDF

4. EXHIBIT B.PDF

5. FIGURE 3-5A FROM FINAL EIR.PDF

6. FIGURE 3-5B FROM FINAL EIR.PDF

22.5 RESOLUTION NO. NSRESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ CERTIFYING

THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE

NEWELL CREEK PIPELINE IMPROVEMENT PROJECT
WHEREAS, the City, as lead agency under the California Environmental Quality Act (Pub.

Res. Code Section 21000 et seq.) and the State CEQA Guidelines (14 Cal. Code Regs. Section 15000 et seq.) (collectively “CEQA”), has completed the Final Environmental Impact Report (“Final EIR”) [State Clearinghouse No. 2021010166] for the Newell Creek Pipeline Improvement Project (the “Proposed Project”) in compliance with CEQA; and WHEREAS, in accordance with Section 15082 of the CEQA Guidelines, the City released a Notice of Preparation ("NOP") for the Draft EIR for the Proposed Project on January 15, 2021 and received comments from one (1) public agency in response to the NOP, which is included in Appendix A of the Draft EIR and Final EIR; and
WHEREAS, one (1) EIR public scoping meeting was duly noticed and held on February 2, 2021 to solicit public and agency comments on the scope of issues to be addressed in the Draft EIR; and
WHEREAS, the Draft EIR was prepared and the City filed a Notice of Completion of the Draft EIR with the Governor’s Office of Planning and Research State Clearinghouse on November 22, 2021, which commenced a 45-day state public agency review period commencing on November 22, 2021 and ending on January 5, 2022; and
WHEREAS, the City filed a Notice of Availability of the Draft EIR with the Santa Cruz County Clerk on November 22, 2021, which commenced a 45-day local public review period beginning on November 22, 2021 and ending on January 5, 2022; and WHEREAS, the Notice of Availability of the Draft EIR was also posted on the City Water Department’s website and City hall bulletin board, and the Draft EIR document was available for review at the Water Department’s public counter, the Planning and Community Development Department, the City’s website and at two (2) local libraries; and WHEREAS, the City, in accordance with CEQA Guidelines Section 15088, considered and evaluated five (5) comment letters received on the Draft EIR from public agencies and subsequently prepared a comprehensive Final EIR, which contains the comment letters and written responses addressing all significant environmental issues in these comment letters; and WHEREAS, the comprehensive Final EIR consists of the entire EIR document, responses to comments received on the Draft EIR, modifications made to the text of the Draft EIR that are also included in the Final EIR, appendices to the Final EIR, and all documents and resources referenced and incorporated by reference in the Final EIR; and WHEREAS, on March 25, 2022, the City provided the Notice of Availability of the Final EIR to commenting agencies, thereby satisfying the City’s obligations under Public Resources Code section 21092.5, subdivision (a); and

22.6 RESOLUTION NO. NSWHEREAS, the Water Commission held a duly noticed and agendized public meeting on the Proposed Project and the Final EIR on April 4, 2022 and issued recommendations to the City Council; and
WHEREAS, the City Council considered the Final EIR at a duly noticed and agendized public meeting on May 10, 2022;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Santa Cruz hereby finds and determines the following:

1. The foregoing recitals are true and correct and are included herein by reference as findings.

2. The City Council certifies that the Final EIR has been completed in compliance with CEQA, the State CEQA Guidelines, and local procedures adopted pursuant thereto.

3. The City Council hereby finds that the Final EIR reflects the independent judgment and analysis of the City, as required by Public Resources Code Section 21082.1.

4. The City Council has independently reviewed and analyzed the Final EIR and considered the information contained therein and all comments, written and oral, received prior to approving this resolution.

5. The City Council therefore hereby certifies the Final EIR for the Project.

PASSED AND ADOPTED this 10th day of May, 2022, by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

APPROVED: __________________________
Sonja Brunner, Mayor
ATTEST:

Bonnie Bush, City Clerk Administrator

22.7 RESOLUTION NO. NS-29,

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ ADOPTING CEQA FINDINGS OF FACT; A MITIGATION MONITORING AND REPORTING PROGRAM; AND A STATEMENT OF OVERRIDING CONSIDERATIONS

FOR THE NEWELL CREEK PIPELINE IMPROVEMENT PROJECT AND APPROVING

THE PROJECT
WHEREAS, the City Council of the City of Santa Cruz (“City Council”), by adoption of Resolution No. __________, has certified the Final Environmental Impact Report (“Final EIR”) for the Newell Creek Pipeline Improvement Project (“Project”); and WHEREAS, prior to approving any proposed project for which an EIR has identified significant environmental effects, the City Council, as the decision-making body, is required pursuant to Public Resources Code section 21081, subdivision (a), and CEQA Guidelines section 15091, to adopt findings demonstrating that the City Council has considered and adopted all feasible mitigation measures or feasible project alternatives that can substantially lessen or avoid any significant project-related environmental effects; and WHEREAS, pursuant to these provisions, proposed CEQA findings have been prepared for the Project, which are attached hereto as Exhibit A regarding the significant environmental effects of the Proposed Project, proposed mitigation measures identified in the Final EIR, and the feasibility of alternatives set forth in the Final EIR; and WHEREAS, pursuant to those provisions, a Statement of Overriding Considerations, which is included within Exhibit A attached hereto, has been prepared for the Project setting forth the benefits that the City Council concludes outweigh the significant and unavoidable environmental effects of the Project, therefore justifying approval of the Project despite such effects; and
WHEREAS, the City Council is required by Public Resources Code section 21081.6, subdivision (a), to adopt a mitigation monitoring and reporting program to ensure that the mitigation measures adopted by the City Council are carried out; and WHEREAS, pursuant to this provision, staff has prepared the Mitigation Monitoring and Reporting Program, attached hereto as Exhibit B and incorporated by reference herein, that incorporates the mitigation measures identified in the Final EIR; and WHEREAS, the City Council has independently reviewed and considered the CEQA Findings and Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Program required for approval of the Project; and
WHEREAS, the City Council finds that the Project is necessary for the City to reliably serve the residents, other customers and members of the public who use water from the City’s water system.

22.8 RESOLUTION NO. NS-xx,xxx
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Santa Cruz hereby finds and determines the following:

1. The foregoing recitals are true and correct and are included herein by reference as findings.

2. The City Council has considered the Final EIR, all information provided by City staff and consultants pertaining to the Project, and all other pertinent documents relating to the Project.

3. The City Council finds, pursuant to Public Resources Code section 21081 and CEQA Guidelines section 15091, that the proposed mitigation measures as set forth in Exhibits A and B are feasible, and will therefore become binding on the City when the Project is approved. The City Council further finds that, for the reasons set forth in Exhibit A, none of the alternatives to the Project, as set forth in the Final EIR, are feasible. The City Council hereby adopts the CEQA Findings of Fact and Statement of Overriding Considerations attached hereto as Exhibit A and incorporated herein by reference, pursuant to Public Resources Code section 21081 and CEQA Guidelines section 15093.

4. The City Council adopts, pursuant to Public Resources Code section 21081.6 and CEQA Guidelines section 15097, the Mitigation Monitoring and Reporting Program attached hereto as Exhibit B and incorporated herein by reference. The City Council further determines that the Mitigation Monitoring and Reporting Program is designed to ensure that, during implementation of the Project, all other responsible parties implement the components of the Project and comply with the mitigation measures identified in the Mitigation Monitoring and Reporting Program.

5. The City Council approves the Project, as described in Resolution No. ______ and therefore authorizes and directs the City to take the actions necessary to construct and implement the Newell Creek Pipeline Improvement Project as described in the Final EIR’s Project Description.

6. The City Council directs City Staff to file with the County Clerk and the Office of Planning and Research in Sacramento a Notice of Determination commencing the 30- day statute of limitations for any legal challenge to the Project based on alleged noncompliance with CEQA.

22.9 RESOLUTION NO. NS-xx,xxx
PASSED AND ADOPTED this 10th day of May, 2022, by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

APPROVED: __________________________
Sonja Brunner, Mayor
ATTEST:

Bonnie Bush, City Clerk Administrator
List of Exhibits (Incorporated by Reference):

Exhibit A Findings and Statement of Overriding Considerations Exhibit B Mitigation Monitoring and Reporting Program

22.10 RESOLUTION NO. NS-xx,xxx
Exhibit A: Findings of Fact and Statement of Overriding Considerations

22.11 RESOLUTION NO. NS-xx,xxx
Exhibit B: Mitigation Monitoring and Reporting Program

22.12 FINDINGS OF FACT AND STATEMENT OF

OVERRIDING CONSIDERATIONS
City Council of the City of Santa Cruz
Newell Creek Pipeline Improvement Project
Environmental Impact Report
State Clearinghouse Number 2021010166
MAY 10, 2022

22.13 Printed on 30% post-consumer recycled material.

22.14 Newell Creek Pipeline Improvement Project Findings of Fact and Statement of Overriding Considerations March 2022 i
Table of Contents
Section Page No.

ACRONYMS AND ABBREVIATIONS ................................................................................................................................ III 1 INTRODUCTION ................................................................................................................................................. 1 2 PROJECT DESCRIPTION .................................................................................................................................... 3

2.1 Project Location and Setting .................................................................................................................. 3

2.2 Project Objectives ................................................................................................................................... 3

2.3 Project Description ................................................................................................................................. 3

2.3.1 Standard Construction Practices ............................................................................................. 5 3 ENVIRONMENTAL REVIEW PROCESS ............................................................................................................... 8 4 RECORD OF PROCEEDINGS ............................................................................................................................. 9 5 FINDINGS REQUIRED UNDER CEQA ............................................................................................................... 11 6 MITIGATION MONITORING AND REPORTING PROGRAM ............................................................................... 13 7 ENVIRONMENTAL EFFECTS AND MITIGATION MEASURES ............................................................................ 15

7.3 Impacts Determined to be Less than Significant .............................................................................. 15

7.3.1 Impacts Not Found to be Significant .................................................................................... 15

7.3.2 Air Quality ............................................................................................................................... 15

7.3.3 Biological Resources ............................................................................................................. 16

7.3.4 Cultural Resources and Tribal Cultural Resources .............................................................. 16

7.3.5 Energy ..................................................................................................................................... 16

7.3.6 Geology and Soils .................................................................................................................. 17

7.3.7 Greenhouse Gas Emissions .................................................................................................. 17

7.3.8 Hazards and Hazardous Materials, and Wildfire ................................................................. 17

7.3.9 Hydrology and Water Quality ................................................................................................. 18

7.3.10 Noise ....................................................................................................................................... 18

7.3.11 Transportation ........................................................................................................................ 18

7.3.12 Wildfire ................................................................................................................................... 19

7.4 Significant Impacts That Can Be Mitigated to a Less-Than-Significant Level .................................. 19

7.4.1 Biological Resources ............................................................................................................. 19

7.4.2 Geology and Soils .................................................................................................................. 25

7.4.3 Hazards and Hazardous Materials ....................................................................................... 26

7.4.4 Hydrology and Water Quality ................................................................................................. 27

7.5 Significant Unavoidable Impacts ........................................................................................................ 28

7.5.1 Noise ....................................................................................................................................... 29

22.15 Table of Contents
Newell Creek Pipeline Improvement Project Findings of Fact and Statement of Overriding Considerations March 2022 ii
8 PROJECT ALTERNATIVES ................................................................................................................................ 31

8.1 Basis for Alternatives-Feasibility Analysis .......................................................................................... 31

8.1.1 No Project Alternative ............................................................................................................ 32

8.1.2 Alternative 1A: Alternative Northern Segment Alignment-Quail Hollow Road .................... 33

8.1.3 Alternative 1B: Alternative Southern Segment Alignment-Mount Hermon Road ............... 36

8.1.4 Alternative 2: Brackney North Pipe Section Alternative Construction Methods ................ 38 9 STATEMENT OF OVERRIDING CONSIDERATIONS .......................................................................................... 42

9.1 Significant and Unavoidable Impacts ................................................................................................. 42

9.2 Overriding Considerations ................................................................................................................... 42

22.16 Newell Creek Pipeline Improvement Project Findings of Fact and Statement of Overriding Considerations March 2022 iii
Acronyms and Abbreviations
Acronym/Abbreviation Definition
CDFW California Department of Fish and Wildlife
CEG Certified Engineering Geologist
CEQA California Environmental Quality Act
City City of Santa Cruz
CNPS California Native Plant Society
DTSC Department of Toxic Substances Control
EIR Environmental Impact Report
ESA Federal Endangered Species Act
FBPS Felton Booster Pump Station
GHG greenhouse gas
GHWTP Graham Hill Water Treatment Plant
HCP Habitat Conservation Plan
HDD horizontal directional drilling
NCP Newell Creek Pipeline
NOP Notice of Preparation
PPE personal protective equipment
PRIMP Paleontological Resources Impact Mitigation Program Proposed Project Newell Creek Pipeline Improvement Project RGE Registered Geotechnical Engineer
ROW right-of-way
SVP Society of Vertebrate Paleontology
USFWS U.S. Fish and Wildlife Service
WEF wildlife exclusion fencing

22.17 Acronyms and Abbreviations
Newell Creek Pipeline Improvement Project Findings of Fact and Statement of Overriding Considerations March 2022 iv

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22.18 Newell Creek Pipeline Improvement Project Findings of Fact and Statement of Overriding Considerations March 2022 1
1 Introduction
The City of Santa Cruz (City), as lead agency, prepared an environmental impact report (EIR) for the Newell Creek Pipeline (NCP) Improvement Project (Proposed Project). In its entirety, the EIR consists of the November 2021 Draft EIR (Draft EIR) and the March 2022 Final EIR (Final EIR). The EIR is a project-level EIR pursuant to Section 15161 of the CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.).

The underlying purpose of the Project is to: address identified deficiencies in existing pipeline conditions; improve long-term reliability of the City’s water supply infrastructure between Loch Lomond Reservoir and the Graham Hill Water Treatment Plant (GHWTP) such that it can continue to function as an integral part of the City’s overall water supply system; improve access to the NCP to facilitate inspection, maintenance, and repair of the pipeline system, while minimizing the potential for environmental and property damage impacts; site the NCP to consider constructability, optimize accessibility for maintenance, minimize the potential for future failures due to unstable terrain, and avoid risks (e.g., public safety, property damage) and impacts to adjacent uses associated with pipeline failures during the life of the pipeline; and implement NCP project segments that are cost-effective in terms of both construction and operation/maintenance costs.

Having been constructed in approximately 1960, the NCP is reaching the end of its reliable life and is experiencing increased frequency of breaks due to corrosion and land movement along portions of its alignment due to geological conditions. In addition to the age of the existing pipeline, development throughout Santa Cruz County over the past 60 years has created differing conditions along the pipeline alignment from its original installation, which has resulted in constraints to accessing the pipeline for maintenance and repair activities due to intervening private development. Various surface improvements were made as part of the pipeline installation (unpaved access roads, drainage crossings, appurtenant features), which have also experienced approximately 60 years of wear, including pipe corrosion, and are in need of replacement and/or rehabilitation. (Final EIR p. 3-11).

These findings, as well as the accompanying statement of overriding considerations in Section 9, have been prepared in accordance with the California Environmental Quality Act (CEQA) (Pub. Resources Code, § 21000 et seq.) and its implementing guidelines, the CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.). Specifically, the findings are prepared pursuant to Public Resources Code Section 21081, subdivision (a), and CEQA Guidelines Section 15091, subdivision (a). The statement of overriding considerations has been prepared pursuant to Public Resources Code Section 21081, subdivision (b), and CEQA Guidelines Section 15093.

22.19 1 – Introduction
Newell Creek Pipeline Improvement Project Findings of Fact and Statement of Overriding Considerations March 2022 2

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22.20 Newell Creek Pipeline Improvement Project Findings of Fact and Statement of Overriding Considerations March 2022 3
2 Project Description

2.1 Project Location and Setting
The existing NCP is located in the Santa Cruz Mountains, primarily in the unincorporated San Lorenzo Valley area of Santa Cruz County, except for the portion of the NCP that extends onto the City’s GHWTP property, which is located within the City of Santa Cruz, but is surrounded by unincorporated lands. Both the existing NCP and the Proposed Project extend approximately 9 miles between GHWTP on the south and Newell Creek Dam, a City facility that impounds Loch Lomond Reservoir, on the north. The project location and vicinity is shown in Figure 3-1 of the Final EIR.

The existing NCP and Proposed Project alignment are located within a primarily semi-rural area. The areas surrounding the existing NCP and Proposed Project are characterized by forested terrain with rural and semi-rural, low-density residential neighborhoods and limited commercial development, as well as areas of California State Parks land. Several streams are present in the general vicinity of the NCP, including San Lorenzo River, Zayante Creek, and Newell Creek. The existing NCP alignment and an overview of the Proposed Project alignment are shown on Figures 3-2 and 3-4, respectively, of the Final EIR.

2.2 Project Objectives
The objectives for the Proposed Project are as follows:

1. Address identified deficiencies in the NCP conditions in order to maintain full system functioning without interruption, in order to protect water supply reliability and service to the City’s customers.

2. Improve long-term reliability of the City’s water supply infrastructure between Loch Lomond Reservoir and the GHWTP such that it can continue to function as an integral part of the City’s overall water supply system.

3. Improve access to the NCP to facilitate inspection, maintenance, and repair of the pipeline system, while minimizing the potential for environmental and property damage impacts (such as may occur in State Parks and other sensitive areas).

4. Site the NCP to consider constructability, optimize accessibility for maintenance, minimize the potential for future failures due to unstable terrain, and avoid risks (e.g., public safety, property damage) and impacts to adjacent uses associated with pipeline failures during the life of the pipeline.

5. Implement NCP project segments that are cost-effective in terms of both capital and operation/maintenance costs. (Final EIR p. 3-11).

2.3 Project Description
The Proposed Project consists of replacement of 8.75 miles of the existing NCP with a new 24-inch ductile iron or polyvinyl chloride (PVC) pipeline, except for one section that will be a 30-inch high-density polyethylene (HDPE) pipe.

The pipeline generally would be installed within existing road pavement, road right-of-way (ROW), which includes road pavement and unpaved shoulders adjacent to the paved road, and/or existing or new City easements.

22.21 Newell Creek Pipeline Improvement Project Findings of Fact and Statement of Overriding Considerations March 2022 4
Additional easements would be acquired in some locations. In order to focus the environmental review on specific locations along the 8.75-mile pipeline, the alignment was separated into a northern segment and a southern segment; these segments were further delineated into specific sections as described below.

The proposed northern NCP segment from the Newell Creek Access Road Bridge to the Felton Booster Pump Station (FBPS) generally follows the existing NCP alignment. The proposed southern NCP segment from the FBPS to the GHWTP generally includes a new pipeline section along Graham Hill Road, except the existing pipe would be removed and replaced in the southern part of the pipeline alignment. Figure 3-4 of the Final EIR provides an overview of the proposed NCP alignment. Other components of the Proposed Project include cathodic protection and installation and/or replacement of minor appurtenances, such as air release valves and isolation valves. Key features of the Proposed Project are further described below. Pipe sections within the northern and southern segments are shown on Figures 3-5A and 3-5B of the Final EIR, respectively.

The proposed northern NCP segment from the Newell Creek Access Road Bridge just south of Newell Creek Dam to the Felton Booster Pump Station (FBPS) generally follows the existing NCP alignment. There are six distinct sections that comprise the northern segment, generally named for the roads in proximity to the pipe or other notable features nearby: Newell Creek Road, Glen Arbor Road, Brackney North, Brackney South, San Lorenzo Way, and Felton Booster Pump Station. The northern segment of the proposed NCP is described in detail in Section 3.5.2.1 of the Final EIR.

The proposed southern NCP segment from the FBPS to the GHWTP generally includes a new pipeline alignment along Graham Hill Road, except where it already exists in Graham Hill Road between the southern edge of Henry Cowell State Park and the GHWTP. The new pipe would replace the existing pipe that is located within Pipeline Road in Henry Cowell Redwoods State Park by relocating it into the new alignment. The southern segment is comprised of two sections, Graham Hill Road North and Graham Hill Road South. The southern segment of the proposed NCP is described in detail in Section 3.5.2.2 of the Final EIR.

Three pipeline sections have been prioritized for replacement in the near term: two sections along Graham Hill Road, comprising the entire southern segment that would replace the existing pipe through Henry Cowell Redwoods State Park, and the Brackney North section in the northern segment. The engineering design phase for these sections is underway. For the remainder of the pipeline alignment, a conservative project scenario is assumed, which includes installation of the new pipeline within specified construction disturbance corridors. (Final EIR p. 3-12.) Once the new pipeline is installed and the interconnections are made, the existing NCP generally would be abandoned in place, and above-ground appurtenances would be removed. Generally, all above-ground features of the existing pipeline would be removed including air valves, nine hydrants at Henry Cowell Redwoods State Park, and vent pipes. Upon completion of construction, construction sites would be revegetated and/or restored in accordance with the City’s Standard Construction Practices, and disturbed roadways would be repaved in accordance with County requirements. (Final EIR p. 3-12.) Operation of the Project would entail continued implementation of pump start-up and valve operations at the FBPS when needed to pump water to/from Loch Lomond Reservoir and intermittent, periodic inspections and maintenance of air valves with access provided to the pipeline sections by existing roads and easements. (Final EIR p. 3-52.)
The Proposed Project is scheduled to be constructed in phases over multiple years from approximately late 2023 to 2032. The Brackney North, Graham Hill Road North, and Graham Hill Road South pipe sections would be

22.22 Newell Creek Pipeline Improvement Project Findings of Fact and Statement of Overriding Considerations March 2022 5
constructed first, with an estimated construction schedule of about 24 months for the Graham Hill Road sections and approximately 9 months for the Brackney North section, including pipeline installation, road repaving, abandonment of the existing NCP, and post-construction revegetation where needed. The remaining pipe sections in the northern segment are expected to be constructed by 2032. A summary of the planned construction schedule for each pipe section is presented in Table 3-4 of the Final EIR.

The majority of the Proposed Project would be installed using conventional (open cut) trenching methods, except in the Brackney North section, potentially the Brackney South section, and under the existing rail crossing in the Graham Hill Road North section, where trenchless methods would be used. The proposed Horizontal Directional Drilling (HDD) method at the Brackney North and potentially Brackney South sections are described in Sections

3.6.6.2 and 3.6.6.3 of the Final EIR. Proposed trenchless construction methods under the existing rail crossing are described in Section 3.6.6.5 of the Final EIR. Special construction techniques would be utilized at creek crossings as described in Section 3.6.6.4 of the Final EIR. As described in Section 3.5.1, the Proposed Project generally would be constructed within existing road pavement, road ROW and/or existing or new City easements, except acquisition of additional permanent and temporary construction easements and/or property would be required for the Brackney North section. In accordance with the City’s Standard Construction Practices, described in Section 3.6.5 of the Final EIR, best management practices would be implemented where necessary to prevent erosion and water quality degradation and/or to protect sensitive natural and cultural resources.

Construction staging/laydown areas have been identified in areas that are already fairly level along the existing roadways, and temporary work areas will be established for the Brackney North section as explained in Section

3.6.2.2 in the Final EIR and shown on Figures 3-6, 3-7, 3-9, 3-10 and 3-19 in the Final EIR.

On average, approximately 12-18 construction workers are estimated to be working at the Project site each day for construction in the southern segment and 8-12 daily construction workers are estimated for pipe sections in the northern segment. Construction generally would occur during normal weekday work hours, between 8 AM and 5 PM and in accordance with County of Santa Cruz encroachment permit requirements. However, construction along Graham Hill Road would be limited to the hours of 8 AM to 4 PM with temporary lane closures restricted to 9 AM to 3 PM. The HDD installation method proposed for the pipe in the Brackney North section would require approximately one day of continuous 24-hour installation.

Construction of the Graham Hill Road North and South pipe sections will be phased to keep the existing NCP in service as long as possible while the new pipeline is constructed. Prior to taking the existing pipeline out of service, the new pipeline would be pressure tested and ready for service, should it need to be put into service for an emergency. The existing pipeline also would need to be taken out of service to construct the new pipeline in the southern part of the alignment, approximately from Henry Cowell Drive to the GHWTP where the new pipeline is in the same location as the existing pipeline. Construction will progress from Henry Cowell Drive south to the GHWTP to allow for an emergency connection between the new pipeline and existing pipeline if an immediate return to service is needed.

2.3.1 Standard Construction Practices
The City has adopted standard construction practices that would be implemented by the City or its contractors during construction activities associated with the Proposed Project. The Proposed Project includes 16 relevant standard construction practices, which are described in Section 3.6.6 of the Final EIR, to avoid or minimize erosion

22.23 Newell Creek Pipeline Improvement Project Findings of Fact and Statement of Overriding Considerations March 2022 6
and water quality degradation, protect sensitive species and habitat, reduce potential impacts to cultural resources, and reduce air quality and noise impacts. Upon completion of construction, construction sites would be revegetated and/or restored, and disturbed roadways where trenching occurred to install the pipeline would be repaved in accordance with County requirements. (Final EIR p. 3-19.)

22.24 Newell Creek Pipeline Improvement Project Findings of Fact and Statement of Overriding Considerations March 2022 7

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22.25 Newell Creek Pipeline Improvement Project Findings of Fact and Statement of Overriding Considerations March 2022 8
3 Environmental Review Process
In accordance with Section 15082 of the CEQA Guidelines, the City issued a Notice of Preparation (NOP) of a Draft EIR on January 15, 2021. Pursuant to CEQA Guidelines Sections 15023, subdivision (c), and 15087, subdivision (f), the State Clearinghouse in the Office of Planning and Research was responsible for distributing environmental documents to state agencies, departments, boards, and commissions for review and comment. The City followed required procedures with regard to distribution of the appropriate notices and environmental documents to the State Clearinghouse. The State Clearinghouse made that information available to interested agencies for review and comment. The NOP was circulated for a 30-day review period from January 15 to February 16, 2021.

Additionally, one public scoping meeting regarding the scope of the analysis for the EIR was held on February 2, 2021 to receive comments regarding the scope of issues to be addressed in the EIR. The NOP and all comments received on the NOP are presented in Appendix A of the Final EIR and summarized in Chapter 2, Introduction, of the Final EIR. (Final EIR pp. 24 – 25.)
Pursuant to CEQA Guidelines Section 15128, the various possible effects of the Proposed Project that were determined to not be significant were disclosed but not analyzed in detail in the DEIR. These environmental resource topics included: aesthetics, agriculture and forest resources, land use, mineral resources, population and housing, public services, recreation, and utilities and service systems. The EIR includes an analysis of the following issue areas:
 Air Quality
 Biological Resources
 Cultural Resources and Tribal Cultural Resources
 Energy
 Geology and Soils
 Greenhouse Gas Emissions
 Hazards and Hazardous Materials
 Hydrology and Water Quality
 Noise
 Transportation
 Wildfire
 CEQA-Required Sections: Significant Unavoidable Impacts, Significant Irreversible Changes, Growth Inducement, Cumulative Impacts, and Alternatives
On November 22, 2021, the City released the Draft EIR to public agencies, other interested parties, the general public, and the State Clearinghouse for a 45-day public review period that ended on January 5, 2022 (Final EIR p. 25). The Final EIR was published on March 25, 2022. The Water Commission considered the Final EIR and the Project at a public meeting held on April 4, 2022. The City Council considered the Project and Final EIR at a regularly scheduled public meeting on May 10, 2022.

22.26 Newell Creek Pipeline Improvement Project Findings of Fact and Statement of Overriding Considerations March 2022 9
4 Record of Proceedings
In accordance with Public Resources Code Section 21167.6, subdivision (e), the record of proceedings for the City’s decision on the project includes the following documents:
 The NOP (January 2021), including related comments from agencies, organizations, and individuals, and all other public notices issued by the City in conjunction with the Project;  The Draft EIR for the Project (November 2021) and all appendices, as well as all documents cited or referenced therein;
 The Final EIR for the Project (March 2022) and all appendices, as well as all documents cited or referenced therein;
 Any minutes and/or verbatim transcripts of all information sessions and public meetings held by the City in connection with the Project;
 Any documentary or other evidence submitted to the City at such information sessions and public meetings;  Any and all resolutions adopted by the City Council regarding the Project, and all staff reports, analyses, and summaries related to the adoption of those resolutions;  Matters of common knowledge to the City, including, but not limited to federal, state, and local laws and regulations;
 Any documents expressly cited in the Draft and Final EIRs and these findings, in addition to those cited above; and
 Any other materials required for the record of proceedings by Public Resources Code Section 21167.6, subdivision (e).

The City Council has relied on all of the documents listed above in reaching its decision on the Project, even if not every document was formally presented to the City Council or City Staff as part of the City files generated in connection with the Project.

The documents constituting the record of proceedings are available for review by responsible agencies and interested members by appointment at the City of Santa Cruz Water Department Engineering Counter, located at 212 Locust Street, Suite C, Santa Cruz, California 95060.

22.27 Newell Creek Pipeline Improvement Project Findings of Fact and Statement of Overriding Considerations March 2022 10

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22.28 Newell Creek Pipeline Improvement Project Findings of Fact and Statement of Overriding Considerations March 2022 11
5 Findings Required Under CEQA
Public Resources Code Section 21002 provides that “public agencies should not approve projects as proposed if there are feasible alternatives or feasible mitigation measures available which would substantially lessen the significant environmental effects of such projects[.]” The same statute provides that the procedures required by CEQA “are intended to assist public agencies in systematically identifying both the significant effects of projects and the feasible alternatives or feasible mitigation measures which will avoid or substantially lessen such significant effects.” Section 21002 goes on to provide that “in the event [that] specific economic, social, or other conditions make infeasible such project alternatives or such mitigation measures, individual projects may be approved in spite of one or more significant effects thereof.”
The mandate and principles announced in Public Resources Code Section 21002 are implemented, in part, through the requirement that agencies must adopt findings before approving projects for which EIRs are required. For each significant environmental effect identified in an EIR for a project, the approving agency must adopt a written finding reaching one or more of three permissible conclusions. The first such finding is that changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR. The second permissible finding is that such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. The third potential conclusion is that specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the Final EIR. (CEQA Guidelines, § 15091, subd. (a).) Under CEQA, “feasible” means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, legal, and technological factors. The concept of “feasibility” also encompasses the question of whether a particular alternative or mitigation measure promotes the underlying goals and objectives of a project. (Sequoyah Hills Homeowners Assn. v. City of Oakland (1993) 23 Cal.App.4th 704, 715.) Moreover, “‘feasibility’ under CEQA encompasses ‘desirability’ to the extent that desirability is based on a reasonable balancing of the relevant economic, environmental, social, legal, and technological factors.” (City of Del Mar v. City of San Diego (1982) 133 Cal.App.3d 410, 417 (City of Del Mar); see also Cal. Native Plant Society v. City of Santa Cruz (2009) 177 Cal.App.4th 957, 1001–1002.)
For purposes of these findings, the term “avoid” refers to the effectiveness of one or more mitigation measures to reduce an otherwise significant effect to a less-than-significant level. In contrast, the term “substantially lessen” refers to the effectiveness of such measure or measures to substantially reduce the severity of a significant effect, but not to reduce that effect to a less-than-significant level. CEQA requires the lead agency to adopt feasible mitigation measures or, in some instances, feasible alternatives, to substantially lessen or avoid significant environmental impacts that would otherwise occur.

With respect to a project for which significant impacts are not avoided or substantially lessened, a public agency, after adopting proper findings, may nevertheless approve the project if the agency first adopts a statement of overriding considerations setting forth the specific reasons that the agency found the project’s benefits outweigh its unavoidable adverse environmental effects. One significant unavoidable environmental effect was identified for the Project: Impact NOI-2, Substantial Increase in Ambient Noise Levels in Excess of Standards, discussed in Section 4.10, Noise.

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6 Mitigation Monitoring and Reporting Program
A Mitigation Monitoring and Reporting Program has been prepared for the Project and is included in the Final EIR as Chapter 8. The Mitigation Monitoring and Reporting Program has been approved by the City Council by the same Resolution that adopts these findings. The City will use the Mitigation Monitoring and Reporting Program to track compliance with project mitigation measures. The Mitigation Monitoring and Reporting Program will remain available for public review during the compliance period.

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7 Environmental Effects and Mitigation Measures
The Final EIR identified significant environmental effects (or impacts) resulting from the implementation of the Project. Specifically, significant environmental effects were identified during the construction phase of the Project.

Most of these construction effects can be avoided by the adoption of feasible mitigation measures or alternatives.

Other construction effects specifically related to temporary construction noise associated with pipe installation, however, cannot be avoided by the adoption of feasible mitigation measures, and thus will be significant and unavoidable. While Alternative 1A would lessen the severity of the one identified significant unavoidable impact to a less-than-significant impact with mitigation, this alternative would result in increased severity of other identified significant impacts. Moreover, for reasons discussed in Section 8 below of these findings, none of the alternatives that avoid significant unavoidable impacts are feasible in the judgment of the City Council. In addition, for reasons set forth in Section 9 of this document, the City Council has determined that overriding economic, social, and other considerations outweigh these significant, unavoidable effects which would occur during construction of the Project.

The City’s findings with respect to the project’s significant effects and mitigation measures are set forth below for each significant impact. The following statement of findings does not attempt to describe the full analysis of each environmental impact contained in the EIR. Instead, it provides a summary description of each impact, describes the applicable mitigation measures identified in the Final EIR and adopted by the City, and states the City’s findings on the significance of each impact after imposition of the adopted mitigation measures. Full explanations of these environmental findings and conclusions can be found in the Final EIR. These findings hereby incorporate those explanations by reference. In making these findings, the City Council ratifies, adopts, and incorporates into these findings the analysis and explanation in the Final EIR and ratifies, adopts, and incorporates in these findings the determinations and conclusions of the Final EIR relating to environmental impacts and mitigation measures.

7.3 Impacts Determined to be Less than Significant
The following impacts were evaluated in the EIR and determined to be below a level of significance due to the design, location, and scope of the Project and/or through adherence with existing laws, codes, and statutes. Based on the environmental analysis presented in the Final EIR and the comments received from the public on the Draft EIR, substantial evidence indicates that, even in the absence of mitigation, the Project would not have potentially significant impacts with respect to the environmental categories listed below. Support for the environmental impact conclusions listed below is provided throughout Chapter 4, Environmental Setting, Impacts, and Mitigation Measures, of the Final EIR.

7.3.1 Impacts Not Found to be Significant
Issues related to aesthetics, agriculture and forestry, land use and planning, mineral resources, population and housing, public services, recreation, and utilities and service systems were found not to be significant.

7.3.2 Air Quality
Impact AIR-1: Criteria Pollutant Emissions. The Proposed Project would result in emissions of criteria pollutants, but would not exceed adopted thresholds of significance, violate any air quality standard or contribute substantially to

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an existing or projected air quality violation. Therefore, the Proposed Project would not result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard.

Impact AIR-2: Exposure of Sensitive Receptors. The Proposed Project would not expose sensitive receptors to substantial pollutant concentrations.

Impact AIR-3: Result in Other Emissions (Odors) Adversely Affecting a Substantial Number of People. The Proposed Project would not result in other emissions that would adversely affect a substantial number of people.

Impact AIR-4: Cumulative Air Quality Impacts. The Proposed Project emissions, in combination with past, present, and reasonably foreseeable future development, would not result in a significant cumulative impact related to air quality, and the Proposed Project’s contribution would not be cumulatively considerable.

7.3.3 Biological Resources
Impact BIO-4: Wildlife Movement. The Proposed Project would not substantially degrade the quality or interfere with the use of a wildlife corridor or migratory route, or otherwise impede wildlife movement or use of native wildlife nursery sites.

Impact BIO-5: Cumulative Biological Resources Impacts. The Proposed Project, in combination with past, present, and reasonably foreseeable future development, would not result in a significant cumulative impact related to biological resources.

7.3.4 Cultural Resources and Tribal Cultural Resources
Impact CUL-1: Historical (Built Environment Resources). Construction of the Proposed Project would not result in a substantial adverse change in the significance of a historical built environment resource.

Impact CUL-2: Archaeological Resources and Human Remains. Construction of Proposed Project would not cause a substantial adverse change in the significance of unique archaeological resources or historical resources of an archaeological nature, and/or disturb human remains.

Impact CUL-3: Tribal Cultural Resources. Tribal Cultural Resources. Construction of the Proposed Project would not cause a substantial adverse change in the significance of a tribal cultural resource.

Impact CUL-4: Cumulative Cultural Resource and Tribal Cultural Resource Impacts. Construction of the Proposed Project, in combination with past, present, and reasonably foreseeable future development, would not result in a significant cumulative impact related to cultural resources and tribal cultural resources.

7.3.5 Energy
Impact ENE-1: Result in Wasteful, Inefficient or Unnecessary Consumption of Energy Resources. The Proposed Project would not result in wasteful, inefficient, or unnecessary consumption of energy resources.

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Impact ENE-2: Conflict with an Applicable Renewable Energy or Energy Efficiency Plan. The Proposed Project would not result in conflicts with or otherwise obstruct a state or local plan for renewable energy or energy efficiency.

Impact ENE-3: Cumulative Energy Impacts. The Proposed Project, in combination with past, present, and reasonably foreseeable future development, would not result in a significant cumulative impact related to energy.

7.3.6 Geology and Soils
Impact GEO-1: Seismic Hazards. The Project would not directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death resulting from seismic ground shaking or seismic-related ground failure, including liquefaction.

Impact GEO-3: Expansive Soil. The Proposed Project would potentially be located on expansive soil, as defined by the 2019 California Building Code, but would not create substantial direct or indirect risks to life or property.

Impact GEO-5: Cumulative Geologic Hazards. The Proposed Project, in combination with past, present, and reasonably foreseeable future development, would not result in a significant cumulative impact related to geology and soils.

Impact GEO-6: Cumulative Paleontological Resources Impacts. The Proposed Project, in combination with past, present, and reasonably foreseeable future development, would not result in a significant cumulative impact related to paleontological resources.

7.3.7 Greenhouse Gas Emissions
Impact GHG-1: Greenhouse Gas Emissions. The Proposed Project would not generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment.

Impact GHG-2: Conflict with an Applicable Greenhouse Gas Reduction Plan. The Proposed Project would not conflict with an applicable plan, policy, or regulation adopted for the purpose of reducing the emissions of greenhouse gases.

Impact GHG-3: Cumulative Greenhouse Gas Impacts. The Proposed Project, in combination with past, present, and reasonably foreseeable future development, would result in a significant cumulative impact related to greenhouse gas emissions, but the Proposed Project’s contribution to this impact would not be cumulatively considerable.

7.3.8 Hazards and Hazardous Materials, and Wildfire
Impact HAZ-1: Routine Transport, Use, or Disposal of Hazardous Materials. The Proposed Project would require use and transportation of petroleum products and small quantities of hazardous materials but would not result in a significant hazard to the public or environment.

Impact HAZ-2: Reasonably Foreseeable Upset or Accident Conditions. The Proposed Project would not create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment.

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Impact HAZ-3: Hazardous Emissions Near Schools. The Proposed Project would handle hazardous materials, petroleum products, and associated waste within 0.25 mile of existing schools but would not result in a significant hazard to the occupants of those schools.

Impact HAZ-5: Cumulative Hazardous Materials Impacts. The Proposed Project, in combination with past, present, and reasonably foreseeable future development, would not result in a significant cumulative impact related to: 1) routine transport, use, disposal, or accidental release of hazardous materials, 2) hazardous emissions or hazardous materials use within 0.25 mile of an existing or proposed school, or 3) hazardous materials sites compiled pursuant to Government Code Section 65962.5.

7.3.9 Hydrology and Water Quality
Impact HYD-2: Alteration of Drainage Patterns. The Proposed Project would not substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would: i) result in substantial erosion or siltation on or off site; ii) substantially increase the rate or amount of surface runoff in a manner which would result in flooding on or off site; iii) create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff; or iv) impede or redirect flood flows.

Impact HYD-3: Cumulative Water Quality Impacts. The Proposed Project, in combination with past, present, and reasonably foreseeable future development, would not result in a significant cumulative impact related to water quality or alteration of drainage patterns.

7.3.10 Noise
Impact NOI-1: Substantial Permanent Increase in Ambient Noise Levels. Operation of the Proposed Project would not result in generation of a substantial permanent increase in ambient noise levels.

Impact NOI-3: Groundborne Vibration. Construction of the Proposed Project would result in the potential generation of excessive groundborne vibration or groundborne noise levels.

Impact NOI-4: Cumulative Noise Impacts. Construction and operation of the Proposed Project, in combination with past, present, and reasonably foreseeable future development, would not result in a significant cumulative impact related to noise and vibration.

7.3.11 Transportation
Impact TRA-1: Conflict with Program, Plan, Ordinance, or Policy Addressing the Circulation System. Construction and operation of the Proposed Project would not conflict with a program, plan, ordinance, or policy addressing the circulation system, including transit, roadway, bicycle, and pedestrian facilities.

Impact TRA-2: Vehicle Miles Traveled. Construction and operation of the Proposed Project would not conflict or be inconsistent with CEQA Guidelines Section 15064.3, Subdivision (b) or cause an increase in VMT which is greater than 15% below the regional average VMT.

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Impact TRA-3: Emergency Access. Construction of the Proposed Project would not result in inadequate emergency access or impair implementation of or interfere with an emergency evacuation plan.

Impact TRA-4: Cumulative Transportation Impacts. The Proposed Project, in combination with past, present, and reasonably foreseeable future development, would not result in a significant cumulative impact related to transportation.

7.3.12 Wildfire
Impact WIL-1: Wildfire Hazards. The Proposed Project would not expose people or structures, either directly or indirectly, to a significant risk of loss, injury or death involving wildland fires.

Impact WIL-2: Cumulative Wildfire Impacts. The Proposed Project, in combination with past, present, and reasonably foreseeable future development, would not result in a significant cumulative impact related to significant risk of loss, injury, or death involving wildland fires.

7.4 Significant Impacts That Can Be Mitigated to a LessThan-Significant Level The following summary describes impacts of the Project that, without mitigation, will result in significant adverse impacts. However, upon implementation of the mitigation measures provided in the EIR, these impacts will be reduced to less-than-significant levels.

7.4.1 Biological Resources
Potential Effects. Potentially significant effects were identified for the Project in the following categories for biological resources:
 Impact BIO-1A: Special-Status Plant Species. The Proposed Project could have a substantial adverse effect on special-status plant species during construction.
 Impact BIO-1B: Special-Status Wildlife Species. The Proposed Project could have a substantial adverse effect on special-status wildlife species during construction.  Impact BIO-2: Sensitive Vegetation Communities. The Proposed Project could have a substantial adverse effect on sensitive vegetation communities and habitats during construction.  Impact BIO-3: Jurisdictional Aquatic Resources. The Proposed Project would not have a substantial adverse effect on jurisdictional wetlands, but could have a substantial adverse effect on jurisdictional non-wetland waters during construction that would result in both temporary and permanent impacts.

Support for these environmental impact conclusions is fully discussed in Section 4.3, Biological Resources, of the Final EIR. (Final EIR pp. 4.3-34 – 4.3-46.)
Mitigation Measures. Consistent with CEQA Guidelines Section 15126.4(a)(1), feasible measures that can minimize significant adverse impacts related to special-status species, sensitive vegetation communities, and jurisdictional non-wetland waters were developed for the Project and are listed below.

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MM BIO-1 Project Siting (Applicable to all Proposed Project sections). The City shall protect the specific locations of any sensitive biological resources, including special-status plants, special-status wildlife, sensitive vegetation communities and habitat areas, and jurisdictional aquatic resources, that are outside of but adjacent to construction work areas to minimize disturbance to these resources. These locations shall be identified prior to construction and impacts to such resources will be avoided and minimized through placement of protective measures, such as fencing, staking and/or flagging to prevent equipment or workers from temporarily encroaching within these areas.

Warning signs shall be posted on the temporary fencing to alert workers not to proceed beyond the fence, including the following language: “Notice: Sensitive Habitat Area. Do Not Enter.” The specific locations of sensitive biological resources to be protected will be identified by a qualified biologist and protective measures will be installed prior to the commencement of construction.

Minimize ground disturbing activities that will occur outside existing developed areas and maintained road rights-of-way (ROW) to the maximum extent feasible to avoid and minimize impacts to special-status plants, special-status wildlife, sensitive vegetation communities, sensitive habitats, and aquatic resources.

MM BIO-2 Special-Status Plant Surveys (Applicable to all Proposed Project sections). To identify special-status plants or plant patches to be avoided under MM BIO-1, a qualified botanist shall survey Proposed Project work areas not covered in 2021 surveys in accordance with standard protocols (CNPS 2001, CDFW 2018, USFWS 2000) prior to construction. The botanist shall also revisit the 2021 botanical survey area to confirm the absence of special-status plants from any direct impact areas (e.g., staging areas, excavation footprints) included in final construction drawings (areas outside direct impact areas that were surveyed in 2021 would not need to be rechecked). The botanist or another qualified biologist with native plant identification training shall be present on site during the placement of protective fencing, staking, and/or flagging so that plants and their root zones are adequately protected from construction activities.

MM BIO-3 Special-Status Plant Compensation. If any special-status plant occurrences are found in future surveys and cannot be avoided, a plan focused on compensating for impacts to these species shall be developed by the City prior to construction and implemented. This plan shall be a component of the project’s overall Habitat Mitigation and Monitoring Plan described in MM BIO-11 and include the following elements:
a. Description and quantification of special-status plant occurrences that would be impacted by the project;
b. Identification and evaluation of on- or off-site areas for preservation of existing specialstatus plant occurrences or propagation of new occurrences using seeds from impacted occurrences;
c. Analysis of appropriate and viable planting or propagation techniques, seed-collection techniques, and seeding rates for impacted species;
d. A description of specific performance standards, including a required replacement ratio and minimum success standard of 1:1 for impacted individuals or populations; e. A monitoring and reporting program to ensure mitigation success; and f. A description of adaptive management and associated remedial measures to be implemented in the event that performance standards are not achieved.

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MM BIO-4 Sandhills Special-Status Wildlife Protection and Compensation (Applicable to Proposed Project Newell Creek Road, Glen Arbor, Graham Hill Road North and Graham Hill Road South sections).

Direct temporary impacts to suitable Sandhills habitat for the Mount Hermon June beetle and/or Zayante band-winged grasshopper (and individuals) shall be addressed through either the Section 7 or Section 10(a)(1)(B) process under the federal Endangered Species Act (ESA) of 1973, as amended.

Alternatively, the City may seek concurrence with USFWS that implementation of appropriate avoidance and minimization measures set forth in the existing O&M HCP and GHWTP HCP would ensure approved levels of incidental take are not exceeded due to project activities. These include six minimization measures (locate project activities on and adjacent to current development, delineate boundaries of the impact area, cover exposed soils, dust control, landscaping elements that degrade habitat, and time habitat management activities to avoid key times of the year) and three mitigation measures (protect Sandhills habitat at the City’s property in Bonny Doon, purchase conservation credits at the Zayante Sandhills Conservation Bank, and revegetate the area of temporary habitat loss with native Sandhills species). Additionally, compensatory mitigation for the temporary loss of suitable habitat (and individuals) shall be provided at a minimum 1:1 ratio or at other ratios as determined through consultation with USFWS. The City has available acreage at its existing Bonny Doon mitigation site which provides high quality Mount Hermon June Beetle habitat, per the Low-Effect HCP issued for GHWTP activities; this site may be utilized to compensate for any temporary impacts to Mount Hermon June Beetle resulting from the Proposed Project. Once the take authorization has been provided for the Proposed Project, if necessary, relevant conservation measures shall be implemented.

MM BIO-5 Mount Hermon June Beetle Protection (Applicable to Proposed Project Newell Creek Road, Glen Arbor, Graham Hill Road North and Graham Hill Road South sections). To reduce potential impacts to Mount Hermon June Beetle, exposed soils disturbed in areas of Zayante soils shall be covered during the active breeding season (May 15 through August 15) between the hours of 7pm and 7am daily. All exposed soils shall be covered by tarps, plywood, erosion control fabric, or other suitable impervious material. This will prevent adult males from burrowing into the exposed soils and subsequently being injured or killed by soil disturbance.

MM BIO-6 Conduct Special-Status Amphibian and Reptile Species Survey and Monitoring (Applicable to Proposed Project Newell Creek Road, Glen Arbor Road, and Graham Hill Road North sections). A pre-construction survey for Santa Cruz black salamander, California giant salamander, and western pond turtle shall be conducted within 48 hours prior to the initiation of ground disturbance in suitable habitat for these species (i.e., damp upland areas near/adjacent to existing aquatic features associated with creeks, and the wetted portion of creeks). The survey area shall include all suitable habitat within work areas, plus a 50-foot buffer. Following the survey, the contractor, under the direction of a qualified biologist, shall install wildlife exclusion fencing (WEF) along the boundary of the work area containing suitable habitat to prevent special-status amphibians and reptiles from entering the work area. WEF must be trenched into the soil at least 4 inches in depth, with the soil compacted against both sides of the fence for its entire length, and must have intermittent exit points. Turn-arounds shall be installed at access points to direct amphibians and reptiles away from gaps in the fencing. A daily pre-construction sweep for wildlife within all staging and work areas shall be conducted and a qualified biologist shall inspect WEF at least weekly when work is conducted within suitable habitat.

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If any individuals of Santa Cruz black salamander, California giant salamander or western pond turtle are observed during the pre-construction survey or construction, their location(s) shall be recorded and they should be allowed to move out of the area on their own. Alternatively, they shall be moved to the nearest appropriate habitat outside of the work area by a qualified biologist with applicable regulatory approvals to capture, handle, and translocate these species.

To avoid entrapment of special-status as well as common amphibian and reptiles during construction, any trenches or pits measuring 1 foot or greater in depth that must be left open at the end of a day’s construction activities shall be either covered or encircled with WEF, or the end of any open walls shall be ramped at an approximate 2:1 slope to allow any wildlife that enters the excavation to escape. A qualified biologist may approve the use of an alternative method to prevent ingress or entrapment.

MM BIO-7 Conduct San Francisco Dusky-Footed Woodrat Survey and Relocation (Applicable to Proposed Project Newell Creek Road, Brackney North, Brackney South, San Lorenzo Way, Felton Booster Pump Station, and Graham Hill Road North sections). A pre-construction survey to locate woodrat middens shall be conducted by a qualified biologist no more than 14 days prior to the onset of construction activities. The survey area shall include all suitable habitat within the work areas, plus a 50-foot buffer. Woodrat middens found shall be photographed, mapped and flagged with high visibility flagging tape or fenced for avoidance. If middens are found and complete avoidance is not feasible, the following measures shall be implemented after obtaining approval from CDFW to avoid and reduce impacts on San Francisco dusky-footed woodrat:
a. A qualified biologist shall dismantle the nest by hand to allow for adult San Francisco duskyfooted woodrat individuals to escape (this work shall be conducted outside of the breeding season for this species which is April through June);
b. If young are observed during the dismantling process, the qualified biologist shall stop work for a minimum of 24 hours to allow the adult woodrats to relocate their young; c. Once the nest is determined to be vacant, the dismantling process shall be completed and the nest materials shall be collected and moved to another suitable location nearby and outside of the construction footprint to allow for nest reconstruction; and d. Where feasible, piles of cut vegetation and slash generated by project clearing and grubbing activities shall be left outside of, but near the work area, to provide refuge for woodrats that may become displaced by project activities.

MM BIO-8 Conduct Preconstruction Nesting Bird Surveys (Applicable to Proposed Project Graham Hill Road North section, Brackney North section, and any section where tree or vegetation removal is proposed). Vegetation removal activities shall be conducted outside the bird nesting season (February 1 through August 31) as much as possible to avoid direct impacts to nesting birds. For construction and vegetation removal activities occurring during the nesting season, an avian nesting survey of the work areas and contiguous habitat within 300 feet of all impact areas must be conducted for protected migratory birds and active nests. The avian nesting survey shall be performed by a qualified wildlife biologist within 14 days prior to the start of vegetation removal or construction activities. Once construction has started, if there is a break in activities that exceeds 14 days, then another avian nesting survey shall be conducted. If an active bird nest is found, the nest shall be flagged and mapped on the construction plans along with an appropriate no

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disturbance buffer, which will be determined by the biologist based on the species’ sensitivity to disturbance. The nest area shall be avoided until the nest is vacated and the juveniles have fledged.

The no disturbance buffer shall be demarcated in the field with flagging and stakes or construction fencing as determined appropriate by the biologist.

MM BIO-9 Conduct Preconstruction Roosting Bat Survey (Applicable to Proposed Project Newell Creek Road, Brackney North, Brackney South, San Lorenzo Way, Felton Booster Pump Station, and Graham Hill Road North sections). To the extent practicable, tree removal should occur outside peak bat activity timeframes when young or overwintering bats may be present, which generally occurs from March through April and August through October, to ensure protection of potentially occurring bats and their roosts within work areas. Additionally, daily restrictions on the timing of any construction activities should be limited to daylight hours to reduce disturbance to roosting (and foraging) bat species. Additionally, a visual bat survey should be conducted within 30 days prior to the removal of any trees and commencement of construction activities. The survey should include a determination on whether any active bat roosts are present on or within 50 feet of the project work areas. If a non-breeding and non-wintering bat colony is found, the individuals shall be evicted under the direction of a qualified biologist to ensure their protection and avoid unnecessary harm.

If a maternity colony or overwintering colony is found within the work areas, then the qualified biologist shall establish a suitable construction-free buffer around the location. The constructionfree buffer shall remain in place until the qualified biologist determines that the nursery is no longer active.

MM BIO--10 Biological Construction Monitoring (Applicable to all sections with off-pavement ground disturbance). A qualified biologist shall monitor vegetation removal and initial ground disturbing construction activities for off-pavement work and conduct periodic monitoring inspections for all other construction activities. The monitor shall check any installed WEF (MM BIO-6) and buffers for any active nesting birds (MM BIO-7) encountered at least once a week, and if nesting birds are determined to be present, shall verify when the young have fledged before commencement of construction activities in proximity to the nest. The biologist shall have stop-work authority in the event that a protected species is found within the active construction footprint. During construction, the biological monitor shall keep a daily observation log and a photo log to describe monitoring activities, remedial actions, non-compliance, and other issues and actions taken. These logs shall be kept on-site or tracked in a digital database and made available for inspection by agency personnel.

MM BIO-11 Sensitive Vegetation Communities Compensation (Applicable to Proposed Project Newell Creek Road, Glen Arbor Road, Graham Hill Road North, and Graham Hill Road South sections). Direct temporary impacts to sensitive vegetation communities shall be mitigated via on-site rehabilitation or enhancement at a 1:1 mitigation ratio. All areas temporarily impacted shall be returned to conditions similar to those that existed prior to grading and/or ground-disturbing activities. It is anticipated that a one-time restoration effort at the completion of the project followed by monitoring and invasive weed removal for a minimum of 3 years would adequately compensate for the direct temporary impacts to these vegetation communities. If mitigation cannot be fully accomplished on site due to spacing constraints, the remaining compensatory mitigation shall be accomplished off site via rehabilitation, enhancement, and/or preservation of in-kind vegetation in the same

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watershed. A Habitat Mitigation and Monitoring Plan shall be prepared and implemented to compensate for the loss of all sensitive vegetation communities (see below).

Rehabilitation and enhancement activities with Zayante soils will be revegetated with plants native to the Sandhills habitat (on Zayante soils), such as sticky monkeyflower (Mimulus aurantiacus), deer weed (Lotus scoparius), and silver bush lupine. These native plants will provide suitable habitat conditions for special-status species that might eventually colonize the temporarily impacted portion of the impact area. These revegetated areas will not include any landscape elements that degrade habitat for the special-status species, including mulch, bark, weed matting, rock, aggregate, or turf grass.

The Habitat Mitigation and Monitoring Plan shall detail the habitat restoration activities and shall specify the criteria and standards by which the revegetation and restoration actions will compensate for impacts of the Proposed Project on sensitive vegetation communities and shall at a minimum include discussion of the following:
a. The rehabilitation and enhancement objectives, type, and amount of revegetation to be implemented taking into account enhanced areas where non-native invasive vegetation is removed and replanting specifications that take into account natural regeneration of native species when applicable.
b. The specific methods to be employed for revegetation. c. Success criteria and monitoring requirements to ensure vegetation community restoration success.
d. Remedial measures to be implemented in the event that performance standards are not achieved.

MM BIO-12 Aquatic Resource Avoidance. Future refinements to the Proposed Project shall avoid jurisdictional aquatic resources regulated by the U.S. Army Corps of Engineers, Regional Water Control Board, and California Department of Fish and Wildlife, to the maximum extent practicable. As described in MM BIO-1, where feasible and appropriate, all jurisdictional aquatic resources not directly affected by construction activities will be avoided and protected by establishing staking, flagging or fencing between the identified construction areas and aquatic resources to be avoided.

MM BIO-13 Aquatic Resource Compensation. For any unavoidable impacts to jurisdictional aquatic resources, the City shall ensure that there is no net loss of such resources. This shall be accomplished by providing compensatory mitigation at a minimum ratio of 1:1 for temporary impacts and 2:1 for permanent impacts, or at other ratios as determined through negotiations with the regulatory agencies. A project-specific mitigation plan shall be developed for submittal to the U.S. Army Corps of Engineers, Regional Water Control Board, and/or California Department of Fish and Wildlife, as appropriate, through their respective regulatory permitting processes, and implemented. The mitigation plan shall specify the criteria and standards by which the mitigation will compensate for impacts of the Proposed Project and include discussion of the following:
a. The mitigation objectives and type and amount of mitigation to be implemented; b. The location of the proposed mitigation site(s) (within the San Lorenzo River watershed, if possible);

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c. The methods to be employed for mitigation implementation (jurisdictional aquatic resource establishment, re-establishment, enhancement, and/or preservation); d. Success criteria and a monitoring program to ensure mitigation success; and e. Adaptive management and remedial measures in the event that performance standards are not achieved.

Finding. The City Council finds that the above mitigation measures are feasible, are adopted, and will reduce the potentially significant biological resources impacts of the Project to less-than-significant levels. Accordingly, the City Council finds that, pursuant to Public Resources Code Section 21081(a)(1) and CEQA Guidelines Section 15091(a)(1), changes or alterations have been required in, or incorporated into, the Project that avoid the potentially significant biological resources impacts of the Project identified in the EIR.

7.4.2 Geology and Soils
Potential Effects. Potentially significant effects were identified for the Project in the following categories for geology and soils:
 Impact GEO-2: Unstable Geologic Unit or Soils. The Proposed Project could potentially cause adverse effects involving landslides or be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the Proposed Project, and potentially result in on- or off-site landslide, slope failure/instability, subsidence, or collapse.
 Impact GEO-4: Paleontological Resources. The Proposed Project could potentially directly or indirectly destroy a unique paleontological resource or site during construction. However, the Proposed Project would not directly or indirectly destroy a unique geological feature.

Support for these environmental impact conclusions is fully discussed in Section 4.6, Geology and Soils, of the Final EIR. (Final EIR pp. 4.6-30 – 4.6-34.)
Mitigation Measures. Consistent with CEQA Guidelines Section 15126.4(a)(1), feasible measures that can minimize significant adverse impacts related to seismic hazards and paleontological resources were developed for the Project and are listed below.

MM GEO--1: HDD Geologic Monitoring (Applicable to Brackney North section). A California Certified Engineering Geologist (CEG) or Registered Geotechnical Engineer (RGE) shall monitor horizontal directional drilling (HDD) operations for potential ground subsidence or soil collapse along the HDD alignment.

In the event that ground subsidence or soil collapse is observed, HDD operations shall cease pending completion of remedial measures. Remedial measures shall include adjustments to drilling operations to preclude additional ground failure, as well as remedial measures to repair the area of ground failure.

MM GEO--2: HDD Inadvertent Fluid Return Plan (Applicable to Brackney North and Brackney South sections). An inadvertent fluid return contingency plan shall be prepared and implemented, including measures for training, monitoring, worst-case scenario evaluation, equipment and materials, agency notification and prevention, containment, clean up, and disposal of released drilling mud. Sitespecific contingency measures shall be developed for the proposed HDD alignment, taking into

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consideration terrain, access, resource sensitivities, and proximity of suitable areas for staging inadvertent fluid return equipment. Preventative measures would include incorporation of recommendations by a professional engineer, based on geotechnical investigations, to determine the most appropriate drilling mud mixture and drilling pressures. Drilling pressures shall be closely monitored by a CEG or RGE such that those pressures do not exceed pressures required to penetrate the rock formation. Monitoring by a minimum of two monitors, which could include the CEG or RGE, shall occur throughout drilling operations to ensure swift response in the event of inadvertent fluid return. In the event of inadvertent fluid return and if containment becomes necessary, containment shall be accomplished through construction of temporary berms/dikes and use of silt fences, straw bales, absorbent pads, straw wattles, and plastic sheeting. Any required clean up shall be accomplished with plastic pails, shovels, portable pumps, and other equipment and materials identified in the contingency plan. The inadvertent fluid return contingency plan shall be submitted to the City for review and approval.

MM GEO--3: Paleontological Resources Impact Mitigation Program and Paleontological Monitoring (Applicable to Newell Creek Road, Glen Arbor Road, Brackney North, Brackney South, and Graham Hill Road North sections). Prior to commencement of any trenching activity on site, the City shall retain a qualified paleontologist per the Society of Vertebrate Paleontology (SVP) (2010) guidelines. The paleontologist shall prepare a Paleontological Resources Impact Mitigation Program (PRIMP) for the Proposed Project. The PRIMP shall be consistent with the SVP (2010 or most current version) guidelines and outline requirements for preconstruction meeting attendance and worker environmental awareness training; paleontological monitoring as required based on geological mapping, construction plans, and/or geotechnical reports; procedures for adequate paleontological monitoring and discoveries treatment; paleontological methods (including sediment sampling for microinvertebrate and microvertebrate fossils); reporting; and collections management. The qualified paleontologist shall attend the preconstruction meeting and a qualified paleontological monitor shall be on site during all trenching and other significant ground-disturbing activities (including augering) in previously undisturbed, Lompico Sandstone, Monterey Formation, and Santa Margarita Sandstone deposits, as defined by the PRIMP. In the event that paleontological resources (e.g., fossils) are unearthed during grading, the paleontological monitor will temporarily halt and/or divert grading activity to allow recovery of paleontological resources. The area of discovery will be roped off with a 50-foot radius buffer. Once documentation and collection of the find is completed, the monitor will allow grading to recommence in the area of the find.

Finding. The City Council finds that the above mitigation measures are feasible, are adopted, and will reduce the potentially significant geology and soils impacts of the Project to less-than-significant levels. Accordingly, the City Council finds that, pursuant to Public Resources Code Section 21081(a)(1) and CEQA Guidelines Section 15091(a)(1), changes or alterations have been required in, or incorporated into, the Project that avoid the potentially significant geology and soils impacts of the Project identified in the EIR.

7.4.3 Hazards and Hazardous Materials
Potential Effects. Potentially significant effects were identified for the Project in the following category for hazards and hazardous materials:

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 Impact HAZ-4: Hazardous Materials Sites. The Proposed Project would be located adjacent to sites included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, could create a significant hazard to the public or the environment.

Support for this environmental impact conclusion is fully discussed in Section 4.8, Hazards and Hazardous Materials, of the Final EIR. (Final EIR pp. 4.8-20 – 4.8-22.) Mitigation Measures. Consistent with CEQA Guidelines Section 15126.4(a)(1), a feasible measure that can minimize significant adverse impacts related to hazardous materials was developed for the Project and is listed below.

MM HAZ-1: Hazardous Materials Management. Prior to initiation of Project construction, the City shall complete soil sampling within the proposed pipeline route, adjacent to the former Santa Cruz Lumber Yard site at 5843 Graham Hill Road, and in the Brackney Road and Rose Acres Lane neighborhoods, including the Brackney North and Brackney South pipeline sections. Soil samples shall be collected to a depth of 3 feet below ground surface and analyzed for California Administrative Manual (CAM) (i.e., California Title 22) metals.

In the event that Title 22 metals are detected at concentrations in excess of regulatory action levels, as determined by the California Department of Toxic Substances Control (DTSC) and/or Santa Cruz County Environmental Health Division, a Soil Management Plan shall be developed prior to construction that requires potential metals-impacted soils to be segregated and sampled to determine proper disposal options (i.e., hazardous versus nonhazardous landfill) or reuse (e.g., trench backfill). The City shall direct the contractor to consult with an industrial hygienist to determine the appropriate level of personal protective equipment (PPE), if any, that would be required for construction personnel during handling of potential metals-contaminated soil. The contractor shall implement the recommendations by the industrial hygienist to minimize potential exposure of construction personnel to metals concentrations in sediments during construction. All recommendations shall be completed in accordance with Occupational Safety and Health Administration (OSHA) Training Requirements (29 CFR 1910.132 and 1910.134, Subpart I – Personal Protective Equipment).

Finding. The City Council finds that the above mitigation measure is feasible, are adopted, and will reduce the potentially significant hazardous materials impact of the Project to a less-than-significant level. Accordingly, the City Council finds that, pursuant to Public Resources Code Section 21081(a)(1) and CEQA Guidelines Section 15091(a)(1), changes or alterations have been required in, or incorporated into, the Project that avoid the potentially significant hazardous materials impact of the Project identified in the EIR.

7.4.4 Hydrology and Water Quality
Potential Effects. Potentially significant effects were identified for the Project in the following category for hydrology and water quality:
 Impact HYD-1: Surface Water Quality Standards and Waste Discharge Requirements. Construction and operation of the Proposed Project would not violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface water quality, except for potential inadvertent

22.45 Newell Creek Pipeline Improvement Project Findings of Fact and Statement of Overriding Considerations March 2022 28
release of drilling fluids in the Brackney North pipe section. In addition, the Proposed Project would not conflict with or obstruct implementation of a water quality control plan related to surface water.

Support for this environmental impact conclusion is fully discussed in Section 4.9, Hydrology and Water Quality of the Final EIR (Final EIR pp. 4.9-16 – 4.9-20).

Mitigation Measures. Consistent with CEQA Guidelines Section 15126.4(a)(1), a feasible measure that can minimize significant adverse impact related to surface water quality standards and waste discharge requirements was developed for the Project and is listed below.

MM GEO-2: HDD Inadvertent Fluid Return Plan (Applicable to Brackney North and Brackney South sections). An inadvertent fluid return contingency plan shall be prepared and implemented, including measures for training, monitoring, worst-case scenario evaluation, equipment and materials, agency notification and prevention, containment, clean up, and disposal of released drilling mud. Sitespecific contingency measures shall be developed for the proposed HDD alignment, taking into consideration terrain, access, resource sensitivities, and proximity of suitable areas for staging inadvertent fluid return equipment. Preventative measures would include incorporation of recommendations by a professional engineer, based on geotechnical investigations, to determine the most appropriate drilling mud mixture and drilling pressures. Drilling pressures shall be closely monitored by a CEG or RGE such that those pressures do not exceed pressures required to penetrate the rock formation. Monitoring by a minimum of two monitors, which could include the CEG or RGE, shall occur throughout drilling operations to ensure swift response in the event of inadvertent fluid return. In the event of inadvertent fluid return and if containment becomes necessary, containment shall be accomplished through construction of temporary berms/dikes and use of silt fences, straw bales, absorbent pads, straw wattles, and plastic sheeting. Any required clean up shall be accomplished with plastic pails, shovels, portable pumps, and other equipment and materials identified in the contingency plan. The inadvertent fluid return contingency plan shall be submitted to the City for review and approval.

Finding. The City Council finds that the above mitigation measure is feasible, are adopted, and will reduce the potentially significant impact of the Project related to surface water quality standards and waste discharge requirements to a less-than-significant level. Accordingly, the City Council finds that, pursuant to Public Resources Code Section 21081(a)(1) and CEQA Guidelines Section 15091(a)(1), changes or alterations have been required in, or incorporated into, the Project that avoid the potentially significant surface water quality standards and waste discharge requirements impact of the Project identified in the EIR.

7.5 Significant Unavoidable Impacts
This section identifies the significant unavoidable impacts that require a statement of overriding considerations to be issued by the City Council, pursuant to Public Resources Code Section 21081, subdivision (b), and CEQA Guidelines Section 15093 if the Project is approved. Based on the analysis contained in the Final EIR, the following impact has been determined to be significant and unavoidable:

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7.5.1 Noise
Potential Effects. Potentially significant effects were identified for the Project in the following category for noise:
 Impact NOI-2: Substantial Increase in Ambient Noise Levels in Excess of Standards. Construction of the Proposed Project would result in generation of a substantial temporary increase in ambient noise levels in the vicinity of some Proposed Project pipe sections in excess of applicable standards established in local general plans or noise ordinances.

Support for this environmental impact conclusion is fully discussed in Section 4.10, Noise, of the Final EIR. (Final EIR pp. 4.10-25 – 4.10-30). Significant and unavoidable noise impacts will result from limited nighttime construction (one 24-hour period for HDD pipeline pullback operations) for the Brackney North, and potentially Brackney South, pipeline sections.

Mitigation Measures. Implementation of MM NOI-1 identified in the EIR will reduce the impact on noise, but not to a less-than-significant level; therefore, the impact will remain significant and unavoidable.

MM NOI-1: Construction Noise (Applies to all segments). The Proposed Project shall implement the following measures related to construction noise:
 Restrict construction activities and use of equipment that have the potential to generate significant noise levels (e.g., use of concrete saw, mounted impact hammer, jackhammer, rock drill, etc.) to between the hours of 8:00 AM and 5:00 PM, unless specifically identified work outside these hours is authorized by the City’s Water Director as necessary to allow for safe access to a construction site, safe construction operations or efficient construction progress, such as required by the HDD pullback operations for the Brackney North segment.
 Construction activities requiring operations continuing outside of the standard work hours of 8:00 AM and 5:00 PM (e.g., HDD operations for the Brackney North and Brackney South sections) shall locate noise generating equipment as far as possible from noise-sensitive receptors, and/or within an acoustically rated enclosure (meeting or exceeding Sound Transmission Class [STC] 27), shroud or temporary barrier as needed to limit the propagation of sound into the surrounding areas in excess of the 60 dBA nighttime (10:00 PM to 8:00 AM) criteria at the nearest sensitive receptor. Noisy construction equipment, such as aboveground conveyor systems, and impact tools will likely require location within such an acoustically rated enclosure, shroud or barrier to meet the above criteria. Impact tools, in particular, shall have the working area/impact area shrouded or shielded whenever possible, with intake and exhaust ports on power equipment muffled or suppressed.
 Use of temporary or portable, application-specific noise shrouds, barriers, enclosures, or other noise-reducing equipment or methods shall be required, if needed, to shield nearby noise-sensitive receptors from equipment and operations that have the potential to generate noise levels in excess of the 75 dBA daytime (8:00 a.m. to 10:00 p.m.) criteria, as measured at nearby sensitive receptors. This generally corresponds with a distance of 125 feet from construction activities to the nearest sensitive receptor, however sitespecific factors will need to be taken into consideration, such as the specific construction

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equipment mix, duration of exposure, and intervening structures or topography that may result in associated noise reductions below the acceptable daytime noise threshold.  Portable and stationary site support equipment (e.g., generators, compressors, and cement mixers) shall be located as far as possible from nearby noise-sensitive receptors.  Construction equipment and vehicles shall be fitted with efficient, well-maintained mufflers that reduce equipment noise emission levels at the project site. Internal-combustionpowered equipment shall be equipped with properly operating noise suppression devices (e.g., mufflers, silencers, wraps) that meet or exceed the manufacturer’s specifications.

Mufflers and noise suppressors shall be properly maintained and tuned to ensure proper fit, function, and minimization of noise.
 Construction equipment shall not be idled for extended periods of time (i.e., 5 minutes or longer) in the immediate vicinity of noise-sensitive receptors.

Finding. The City Council finds that the above mitigation measure is feasible, is adopted, and will substantially lessen, but not avoid, the significant noise impact of the Project. Accordingly, the City Council finds that, pursuant to Public Resources Code Section 21081(a)(1) and CEQA Guidelines Section 15091(a)(1), changes or alterations have been required in, or incorporated into, the Project that substantially lessen, but do not avoid the significant noise impact of the Project identified in the EIR. In other words, the significant impact of the Project related to construction noise cannot be mitigated to a less-than-significant level despite the imposition of MM NOI-1, which has been required or incorporated into the Project. However, this impact is temporary, and the effects of this impact will only be present during construction activities associated specifically with pipeline installation in the Brackney North segment and potentially Brackney South segment if HDD installation is also utilized there. The City hereby directs that this mitigation measure be adopted. Specific economic, legal, social, technological, or other considerations make infeasible any additional mitigation measures, or the project alternatives identified in the EIR that will avoid or reduce the significant impact related to construction noise to a less-than-significant level. See Section 8, Project Alternatives, of these findings and Section 9, Statement of Overriding Considerations, of this document for additional information.

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8 Project Alternatives

8.1 Basis for Alternatives-Feasibility Analysis
As noted earlier, Public Resources Code Section 21002 provides that “public agencies should not approve projects as proposed if there are feasible alternatives or feasible mitigation measures available which would substantially lessen the significant environmental effects of such projects[.]” Where a lead agency has determined that, even after the adoption of all feasible mitigation measures, a project as proposed will still cause one or more significant environmental effects that cannot be substantially lessened or avoided, the agency, prior to approving the project as mitigated, must first determine whether, with respect to such impacts, there remain any project alternatives that are both environmentally superior and feasible within the meaning of CEQA. Although an EIR must evaluate this range of potentially feasible alternatives, an agency decision-making body (here, the City Council) may ultimately conclude that a potentially feasible alternative is actually infeasible. (Cal. Native Plant Society v. City of Santa Cruz (2009) 177 Cal.App.4th 957, 981, 999.) As explained earlier, grounds for such a conclusion might be the failure of an alternative to fully satisfy project objectives deemed to be important by decision-makers, or the fact that an alternative fails to promote policy objectives of concern to such decision-makers. (Id. at pp. 992, 1000–1003; see also City of Del Mar v. City of San Diego (1982) 133 Cal.App.3d 410, 417 [“‘feasibility’ under CEQA encompasses ‘desirability’ to the extent that desirability is based on a reasonable balancing of the relevant economic, environmental, social, and technological factors”]; Sierra Club v. County of Napa (2004) 121 Cal.App.4th 1490, 1506-1509 [upholding CEQA findings rejecting alternatives in reliance on project objectives]; Citizens for Open Government v. City of Lodi (2012) 296 Cal.App.4th 296, 314-315 [court upholds agency action where alternative selected “entirely fulfill” a particular project objective and “would be ‘substantially less effective’ in meeting” the lead agency’s “goals”]; and In re Bay-Delta Programmatic Environmental Impact Report Coordinated Proceedings (2008) 43 Cal.4th 1143, 1165, 1166 (Bay-Delta) [“feasibility is strongly linked to achievement of each of the primary program objectives”; “a lead agency may structure its EIR alternative analysis around a reasonable definition of underlying purpose and need not study alternatives that cannot achieve that basic goal”].) Alternatives may also be determined to be economically infeasible and can be rejected on that ground. (The Flanders Foundation v. City of Carmel-by-the-Sea (2012) 202 Cal.App.4th 603, 621–623.) Thus, even if a project alternative will avoid or substantially lessen any of the significant environmental effects of a Project as mitigated, the decision-makers may reject the alternative as infeasible for such reasons.

Under CEQA Guidelines Section 15126.6, the alternatives to be discussed in detail in an EIR should be able to “feasibly attain most of the basic objectives of the project[.]” For this reason, the objectives described above in Section 2.2, Project Objectives, of these findings provided the framework for defining possible alternatives. Based on the objectives, the City developed three alternatives in addition to the No Project Alternative that were addressed in detail in the Final EIR.

Per CEQA Guidelines Section 15126.6 and the project’s objectives, the following alternatives to the Project were identified:
 No Project Alternative – Required by CEQA
 Alternative 1A – Alternative Pipe Alignment: Quail Hollow Road in the northern segment  Alternative 1B – Alternative Pipe Alignment: Mount Hermon Road in the southern segment  Alternative 2 – Brackney North Pipe Section Alternative Construction Methods

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The City Council finds that a good faith effort was made to evaluate a range of potentially feasible alternatives in the EIR that are reasonable alternatives to the Project and could feasibly obtain most of the basic objectives of the Project, even when the alternatives might impede the attainment of the Project’s objectives and might be more costly.

8.1.1 No Project Alternative
Section 15126.6(e) of the CEQA Guidelines requires that an EIR evaluate a “no project” alternative, along with its impact. As stated in this section of the CEQA Guidelines, the purpose of describing and analyzing a no project alternative is to allow decision-makers to compare the impacts of approving the Project with the impacts of not approving the Project. CEQA Guidelines Section 15126.6(e) generally provides that “[t]he ‘no project’ analysis shall discuss the existing conditions at the time the notice of preparation is published, … as well as what would be reasonably expected to occur in the foreseeable future if the project were not approved, based on current plans and consistent with available infrastructure and community services.” Section 15126(e)(3)(B) provides that, where, as here, a Project is something “other than a land use or regulatory plan,” the “No Project” Alternative is “the circumstance under which the project does not proceed.” “[W]here failure to proceed with the project will not result in preservation of existing environmental conditions, the analysis should identify the practical result of the project’s non-approval and not create and analyze a set of artificial assumptions that would be required to preserve the existing physical environment.” (CEQA Guidelines Section 15126.6[e][3][B]).

Under the No Project Alternative, the Proposed Project would not be constructed, and the existing NCP would remain in use. The City would continue to repair and/or replace pipeline sections as failures occurred or conditions worsened.

Environmental Effects. Under the No Project Alternative, the Project would not be implemented. Therefore, the potentially significant impacts associated with constructing and/or operating new or upgraded infrastructure facilities identified in this EIR would not occur, such as those related to biological resources (Impacts BIO-1A, BIO1B, BIO-2, and BIO-3), slope stability hazards (Impact GEO-2), paleontological resources (Impact GEO-4), hazardous materials release (Impact HAZ-2), and inadvertent release of drilling fluids into the San Lorenzo River (Impact HYD1). In particular, the significant unavoidable construction noise impact due to temporary increase in noise in excess of standards during pipeline installation in the Brackney North and South segments (Impact NOI-2) would not occur with the No Project Alternative.

However, the No Project Alternative likely would require future repairs to the existing NCP, especially along Pipeline Road in Henry Cowell Redwoods State Park. As indicated in the Final EIR in Section 6.3.3.2, the existing Pipeline Road alignment transverses numerous unstable and extreme slopes with a long history of failures that have threatened or compromised the integrity of the pipeline. While some slides were repaired with soldier pile walls, the roads and soldier walls are experiencing further damage which would require additional engineering controls to stabilize the area if this alignment were continued to be used. The Pipeline Road section has the highest recent break history primarily associated with corrosion, land movement, and clogged or undersized culverts, resulting in significant washout exposing the pipeline and limiting access to make repairs. In addition to affecting water supply reliability, pipe breaks can cause sediments to enter drainages and creeks, resulting in potential water quality impacts. In addition, the remote terrain along this section creates difficulty for City operations to access the alignment for operations and maintenance which is a high priority goal of the City for future reliability of the system.

Furthermore, the narrow corridor also presents problems for construction equipment access.

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In order to make this alignment a reliable and accessible route for the new pipeline, if it were to be repaired or replaced in the same location, significant improvements to the existing road would be required to allow installation of a new drainage system to reduce erosion damage to the pipeline that has been experienced in the past. Retaining walls would also be needed to stabilize many of the active slopes threatening the existing road and pipeline. These improvements could result in potential significant, temporary, construction-related impacts to special status species and sensitive habitat due to presence of Sandhills and Special Forest sensitive habitats, which could result in a more severe significant impact than would occur with the Project due to presence of these habitats throughout the Pipeline Road alignment.

Finding. The City Council rejects the No Project Alternative as infeasible, despite the fact that it would avoid the one significant and unavoidable effect of the Project (Impact NOI 2: Substantial Increase in Ambient Noise Levels in Excess of Standards), which involves temporary construction-related noise. Measured against the Project, the No Project Alternative represents an undesirable policy outcome that would not meet any of the identified project objectives. In particular, the No Project Alternative would not address deficiencies in the existing NCP (Objective #1), improve long-term reliability of the City’s water infrastructure between Loch Lomond Reservoir and GHWTP (Objective #2), or improve access to the NCP to facilitate inspection, maintenance and repair (Objective #3). The No Project Alternative also would not meet project objectives related to siting the NCP to optimize accessibility and minimize the potential for future failures (Objective #4), and implementing NCP project segments that are costeffective in terms of both capital and operation/maintenance costs (Objective #5). (Final EIR p. 6-17.) Furthermore, substantial improvements would be needed to the existing road and alignment to repair and/or replace segments of the pipeline in its existing location, which would result in potentially significant water quality and biological resource impacts similar to or greater than the proposed project due to these improvements occurring within known sensitive habitats.

8.1.2 Alternative 1A: Alternative Northern Segment Alignment-Quail Hollow Road
The Alternative 1A alignment in the northern segment of the Proposed Project would follow Quail Hollow Road from Glen Arbor Road to East Zayante Road and then follow East Zayante Road to the FBPS at Graham Hill Road for a total distance of approximately 5.7 miles. As with the Proposed Project, the Alternative 1A alignment would include the Newell Creek Road and Glen Arbor Road sections, which include the replacement of two existing crossings of Newell Creek. The Alternative 1A alignment would completely replace the Brackney North, Brackney South, San Lorenzo Way, and Felton Booster Pump Station sections and part of the Glen Arbor Road section that are part of the Proposed Project. The Proposed Project southern segment would remain the same under this alternative.

As with the Proposed Project, it is expected that the pipe would be installed in existing paved and unpaved roadways or ROW. It is expected that construction would consist of conventional open trench methods similar to what is planned for the Proposed Project, except in Brackney North and potentially Brackney South sections, where trenchless methods are planned for most of the Brackney North section and potentially for the Brackney South section. Other components would include installation of minor appurtenances, such as air release valves and isolation valves as with the Proposed Project. Once the new pipeline is installed and the interconnections are made, the existing NCP generally would be abandoned in place. As indicated above, Standard Construction Practices would be implemented as with the Proposed Project. Upon completion of construction, construction sites would be revegetated and/or restored, and disturbed roadways where trenching occurred to install the pipeline would be repaved in accordance with County requirements as with the Proposed Project.

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The Alternative 1A alignment has a maximum elevation of approximately 655 feet above mean sea level (amsl), which would require an additional pump station due to the elevation gain required. It is estimated that approximately 5,000-10,000 square feet would be needed for a pump station, although a specific location, facility footprints, and equipment characteristics and sizing are not known at this time. Given typical pump stations in Santa Cruz County, these types of facilities are expected to be single-story buildings with outdoor paved areas surrounded by security fencing. They would also include security lighting that would be limited to low-wattage, shielded outdoor lighting, directed onto the site. (Final EIR p. 6-18.) Environmental Effects. Under Alternative 1A, the pipeline is expected to be installed in the paved road, thus avoiding permanent impacts to sensitive habitat. However, construction could result in inadvertent impacts to special status plant and wildlife species associated with Sandhills habitat as well as potential temporary disturbance to sensitive sandhills habitat along both roads, requiring the same mitigation as with the Proposed Project. Potentially significant indirect impacts to sensitive riparian habitat at Newell Creek would remain the same as with the Proposed Project. While some seasonal wetlands would be avoided and impacts to jurisdictional wetlands could be lessened, the Alternative 1A route has at least 18 culverted stream crossings where jurisdictional wetlands may be present. Depending on the location and siting of a pump station, new significant impacts to special status species and sensitive habitat, particularly Sandhills habitat and species could occur with Alternative 1A. Therefore, Alternative 1A would not avoid or substantially lessen impacts to special status species, sensitive habitat or jurisdictional wetlands. (Final EIR p. 6-19.)
Alternative 1A would avoid impacts related to unstable geologic units or soils and water quality impacts related to potential inadvertent release of drilling fluids into the San Lorenzo River that would occur under the Proposed Project, because the pipeline would be installed in Quail Hollow Road instead of in the Brackney North and Brackney South sections where the identified impacts would occur. Construction under Alternative 1A would avoid sensitive geologic formations with potential paleontological resources in the Brackney North and Brackney South sections.

However, most of the Quail Hollow Road area and part of the East Zayante Road area are located in the sensitive Santa Margarita formation, which covers more area in the northern segment than with the Proposed Project. Thus, Alternative 1A could potentially result in more significant impacts to paleontological resources than the Proposed Project as a larger area is in sensitive formations. Therefore, Alternative 1A would not avoid or substantially lessen potential significant impacts to paleontological resources, and could result in increased impacts. (Final EIR p. 6-

19.)
Alternative 1A would substantially lessen the impact related to hazardous materials sites as the alignment along Quail Hollow Road and East Zayante Road is not located in proximity to any identified California Department of Toxic Substance Control hazardous sites or leaking underground storage tanks (LUST) sites. (Final EIR p. 6-20.) Alternative 1A would eliminate the significant and unavoidable noise impact that would occur under the Proposed Project by installing the pipe in Quail Hollow Road and avoiding the Brackney North and Brackney South sections.

However, construction would result in temporary construction-noise impacts to residents along Quail Hollow Road and East Zayante Road, requiring mitigation as with the Proposed Project. Thus, Alternative 1A would substantially lessen significant construction-related noise impacts. However, depending on the location and siting of the pump station, there could be new operational noise-related impacts associated with this facility. (Final EIR p. 6-20.) Other less-than-significant impacts that would result from construction of the Proposed Project are expected to remain the same or be similar to the Proposed Project under Alternative 1A.

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Because the pipeline length is longer with Alternative 1A than the Proposed Project (approximately 8.0 miles compared to approximately 4.5 miles with the Proposed Project), Alternative 1A could result in increased construction days and associated construction-relation emissions, although it would not be expected to substantially increase daily emissions or exceed Monterey Bay Air Resources District criteria pollutant emission standards. Similarly, construction would result in increased greenhouse gas (GHG) emissions, but similar to criteria air pollutants, would not be expected to exceed thresholds; even with a doubling in GHG emissions, Alternative 1A would not exceed GHG emissions thresholds as amortized over a 30-year period.

The pump station needed with Alternative 1A would result in increased permanent energy demand, and indirect emissions due to operations and worker trips, although it would not be expected to result in inefficient or wasteful use of energy resources.

Given the narrow width of East Zayante Road, construction may result in temporary road closure, requiring detours for local traffic. However, closures would only occur during the work day and would be short term and temporary and would not significantly impact emergency access. Therefore, Alternative 1A would result in new traffic-related delays on roads in the northern segment that were not identified for the Proposed Project, but with required traffic controls and detours, would not preclude emergency access to the area. (Final EIR pp. 6-20 – 6-21.) Overall, of the alternatives considered, Alternative 1A would eliminate or reduce the severity of more identified significant impacts than the other alternatives reviewed and also attain most of the project objectives. Therefore, Alternative 1A is considered the environmentally superior alternative of the CEQA alternatives reviewed. (Final EIR p. 6-29.)
Finding. The City Council rejects Alternative 1A as infeasible, despite the fact that it would avoid the significant and unavoidable effect of the Project (Impact NOI 2: Substantial Increase in Ambient Noise Levels in Excess of Standards), which involves temporary construction-related noise. Alternative 1A would meet most of the project objectives, including addressing deficiencies in the existing NCP (Objective #1), improving long-term reliability of the City’s water infrastructure between Loch Lomond Reservoir and GHWTP (Objective #2), and improving access to the NCP to facilitate inspection, maintenance and repair (Objective #3). Alternative 1A would partially meet the project objective related to siting the NCP to optimize accessibility and minimize the potential for future failures (Objective #4) due to the increased length in the pipeline. However, Alternative 1A would not meet the project objective regarding cost-effectiveness (Objective #5) as additional operation/maintenance costs would be incurred with construction of a pump station needed to support a pipeline for the Alternative 1A alignment. Additionally, substantial construction and material costs would be incurred relative to the Proposed Project due to the increased length of pipeline (4.5 miles for the Proposed Project compared to 8.0 miles for Alternative 1A). Measured against the Project, Alternative 1A would result in increased construction and operational costs and increased energy demand associated with operation of a new pump station. The alternative would also result in more severe significant impacts related to biological resources (sensitive habitat and special status species) and paleontological resources due to the increased length of construction in sensitive habitat areas and geological formations that potentially contain paleontological resources. In addition, the City Council agrees with the EIR that Alternative 1A is the environmentally superior alternative of the CEQA alternatives considered, but in the City Council’s policy judgment, the increased costs and impacts resulting from Alternative 1A outweigh the effect of the unavoidable significant impact related to construction noise that would occur for a limited nighttime duration in two potential locations. Therefore, the City Council finds that, when taking into account the economic and environmental factors considered for this alternative, Alternative 1A is not feasible.

22.53 Newell Creek Pipeline Improvement Project Findings of Fact and Statement of Overriding Considerations March 2022 36

8.1.3 Alternative 1B: Alternative Southern Segment Alignment-Mount Hermon Road
The Alternative 1B alignment in the southern segment would extend from the FBPS to Mount Hermon Road to La Madrona Drive to Sims Road and then west along Sims Road to Graham Hill Road, tying into the existing Graham Hill Road pipeline alignment, for a total distance of approximately 6.5 miles. It is expected that the pipeline would be installed in existing road pavement or ROW. This alignment would replace existing pipeline sections (Pipeline Road, Henry Cowell State Park, and San Lorenzo Lumber Yard), completely bypassing Henry Cowell Redwoods State Park. Alternative 1B also would realign 1,050 feet of the current Graham Hill Road alignment.

The Proposed Project northern segment would remain the same under this alternative.

This alignment has a maximum elevation of 611 feet amsl, and would not require a new pump station, although there would be one crossing of Zayante Creek and one crossing of Bean Creek. The route starts on East Zayante Road from the FBPS and heads north until connecting with Mount Hermon Road; however East Zayante Road extends under Mount Hermon Road. This results in approximately 450 feet of elevated road over both East Zayante Road and Zayante Creek which would require an elevated bridge dedicated to the new NCP.

Except for the creek crossings, it is expected that the pipe would be installed in existing paved roadways or ROW as with the Proposed Project. It is expected that construction would consist of conventional open trench methods similar to what is planned for the Proposed Project. Other components would include installation of minor appurtenances, such as air release valves and isolation valves as with the Proposed Project. Once the new pipeline is installed and the interconnections are made, the existing NCP generally would be abandoned in place. As indicated above, Standard Construction Practices would be implemented as with the Proposed Project. Upon completion of construction, construction sites would be revegetated and/or restored, and disturbed roadways where trenching occurred to install the pipeline would be repaved in accordance with County requirements as with the Proposed Project. (Final EIR pp. 6-21 – 6-22.)
Environmental Effects. The pipeline is expected to be installed in the paved road, thus avoiding permanent impacts to sensitive habitat. However, construction could result in inadvertent impacts to special status plant and wildlife species associated with Sandhills habitat if present in the area during construction, as well as potential temporary disturbance to sensitive sandhills habitat along both roads, requiring the same mitigation as with the Proposed Project. The impact would be similar to the Proposed Project, and possibly greater because the Alternative 1B alignment is longer than the Proposed Project.

Potentially significant indirect impacts to sensitive riparian habitat at Newell Creek would remain the same as with the Proposed Project. A crossing over Zayante Creek would be required and given the steep terrain, a bridge to support the pipe would be considered. Additionally, a second crossing over or under Bean Creek would be required.

Riparian vegetation could be temporarily removed or impacted during construction at these locations. Additionally, dewatering and stream bypass may also be required for the additional creek crossings, which could result in additional impacts to aquatic species. Thus, impacts to riparian habitat would remain unchanged or potentially be greater than those with the Proposed Project. While some seasonal wetlands would be avoided and impacts to jurisdictional wetlands could be lessened along Graham Hill Road, Alternative 1B also has the potential to temporarily disturb jurisdictional wetlands adjacent to culverted drainages and other intermittent drainages present along the roads in Alternative 1B. Therefore, Alternative 1B would not avoid or substantially lessen impacts to special status species, sensitive habitat or jurisdictional wetlands.

22.54 Newell Creek Pipeline Improvement Project Findings of Fact and Statement of Overriding Considerations March 2022 37
The Proposed Project would potentially cause adverse effects involving landslides or be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the Proposed Project, and potentially result in on- or off-site landslide, slope failure/instability, subsidence, or collapse due to the proposed HDD method proposed at the Brackney North pipe section. This impact would remain the same as the Proposed Project as Alternative 1B does not change the alignment in the northern segment. The alignment would traverse an area of potential liquefaction in Scotts Valley that would require additional review.

The Proposed Project could potentially destroy a unique paleontological resource during construction. Construction under Alternative 1B would avoid sensitive geologic formations with potential paleontological resources in the Graham Hill Road section. Alternative 1B also would traverse sensitive Santa Margarita formation that has high sensitivity for paleontological resources. It appears that a similar area is covered in this formation as the Proposed Project. Therefore, potential impacts to paleontological resources under Alternative 1B would be similar to those with the Proposed Project, and Alternative 1B would not avoid or substantially lessen potential significant impacts to paleontological resources, and could result in increased impacts.

The Proposed Project would be located adjacent to sites included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, could create a significant hazard to the public or the environment. There are several existing hazardous materials sites on Mount Hermon Road, as well as several LUST sites. Therefore, Alternative 1B would be potentially exposed to release of hazardous materials during construction as with the Proposed Project, requiring the same mitigation. Therefore, Alternative 1B would not avoid or substantially lessen potential significant impacts to paleontological resources, and could result in increased impacts.

Construction and operation of the Proposed Project would not violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface water quality, except that the HDD construction method proposed in the Brackney North section could result in release of drilling fluids into San Lorenzo River without mitigation. This impact would remain the same as the Proposed Project with Alternative 1B since the alternative does not change the alignment in the northern segment. The less-than-significant impact related to drainage would remain similar to the Proposed Project as construction would not result in new impervious surfaces that would alter drainage patterns or indirectly cause erosion, flooding or exceed capacity of stormwater systems.

Construction of the Proposed Project would result in generation of a substantial temporary increase in ambient noise levels in the vicinity of some Proposed Project pipe sections in excess of applicable standards established in local general plans or noise ordinances, with a significant unavoidable impact in the Brackney North and potentially Brackney South sections due to limited nighttime construction. Alternative 1B would not eliminate the significant unavoidable impact at Brackney North section as Alternative 1B does not change the alignment in the northern segment. Construction would result in temporary construction-noise impacts to residents, particularly along Sims Road and a portion of La Madrona Drive. The majority of land uses along Mount Hermon Drive are non-residential without sensitive receptors. Therefore, Alternative 1B could result in some lessening of construction-related noise impacts because there are fewer sensitive receptors along the alignment than with the Proposed Project.

Other less-than-significant impacts that would result due to construction of the Proposed Project are expected to remain the same or be similar to those resulting from the Proposed Project.

Because the pipeline length is longer with Alternative 1B than the Proposed Project (approximately 6.5 miles compared to approximately 4.5 miles with the Proposed Project), Alternative 1B could result in increased

22.55 Newell Creek Pipeline Improvement Project Findings of Fact and Statement of Overriding Considerations March 2022 38
construction days and associated construction-relation emissions, although it would not be expected to substantially increase daily emissions or exceed Monterey Bay Air Resources District criteria pollutant emission standards, but would extend the number of construction days with emissions. Similarly, construction would result in increased GHG emissions, but similar to criteria air pollutants, would not be expected to exceed thresholds; even with a doubling in GHG emissions, Alternative 1B would not exceed GHG emissions thresholds as amortized over a 30-year period. Similarly, there could be some increase in constructed-related fuel use with the longer alignment and additional construction days. However, such consumption would not be expected to result in inefficient or wasteful use of energy resources, similar to the Proposed Project.

Mount Hermon is a 4-lane arterial road, but East Zayante, La Madrona, and Sims Roads are all 2-lane roads. Given the narrow width of East Zayante Road, construction may result in temporary road closure, requiring detours for local traffic (HDR 2019a). However, closures would only occur during the work day and would be short term and temporary and would not significantly impact emergency access. Adequate road width is available on the other roads so temporary, daily lane closures likely would occur but not complete road closures (HDR 2019a). Therefore, Alternative 1B would result in new traffic-related delays on roads in the northern segment that were not identified for the Proposed Project, but with required traffic controls and detours, would not preclude emergency access to the area. (Final EIR pp. 6-22 – 6-24.)
Finding. The City Council rejects Alternative 1B as infeasible. Alternative 1B would meet most of the project objectives, including addressing deficiencies in the existing NCP (Objective #1), improving long-term reliability of the City’s water infrastructure between Loch Lomond Reservoir and GHWTP (Objective #2), and improving access to the NCP to facilitate inspection, maintenance and repair (Objective #3). Alternative 1B would partially meet the project objective related to siting the NCP to optimize accessibility and minimize the potential for future failures (Objective #4) due to the increased length in the pipeline. However, Alternative 1B would not meet the project objective regarding cost-effectiveness (Objective #5) as additional construction and material costs would be incurred relative to the Proposed Project due to the increased length of pipeline (4.5 miles for the Proposed Project compared to 6.5 miles for the Alternative 1B alignment. (Final EIR p. 6-24.) Furthermore, Alternative 1B would not avoid or substantially lessen the significant unavoidable impact related to temporary construction noise or significant impacts related to biological resources, geology/soils, water quality and hazardous materials and could result in more severe significant impacts related to geological hazards and hazardous materials than the proposed project.

In the City Council’s policy judgment, this alternative is not feasible due to increased costs and potential impacts resulting from Alternative 1B. Therefore, the City Council finds that, when taking into account the economic and environmental factors considered for this alternative, Alternative 1B is not feasible.

8.1.4 Alternative 2: Brackney North Pipe Section Alternative Construction Methods
Several trenchless construction methods were evaluated by the City and its design engineers for construction in the Brackney North section. The microtunnel Alternative 2 consists of a near horizontal excavation originating from a launch or jacking shaft and ending at a reception or receiving shaft. Generally, microtunneling is a guided and steered trenchless construction method that does not require person entry. Microtunneling utilizes a highly automated and mechanized tunnel boring machine called a microtunnel boring machine (MTBM) which is advanced through the ground using the pipe jacking method. Other features of the method include earth and hydrostatic

22.56 Newell Creek Pipeline Improvement Project Findings of Fact and Statement of Overriding Considerations March 2022 39
counter balancing methods to control ground and groundwater inflow into the tunnel. Microtunneling can be performed in soil, rock, and mixed face conditions, has the ability to complete drive lengths up to 2,000 feet or more, and can navigate horizontal and/or vertical curves in the alignment. Diameters range from 16 inches to 16 feet, though the minimum diameter increases with tunnel length to ensure the machine has enough thrust force to complete the longer lengths. A variety of casing materials are available with the most typical being steel, reinforced concrete, and centrifugally cast glass-fiber-reinforced polymer mortar (CCFRPM) as manufactured by Hobas®.

Several microtunnel options were considered, all of which would be installed via a two-pass system. The first pass consists of an oversized initial support system installed behind the boring machine, shield, or excavator. The second pass consists of the installation of the carrier pipe within the completed tunnel. The space between the initial support and carrier pipe is typically backfilled with low strength material but can remain open if desired.  Tunnel Option A - Tunnel launch would be from Brackney Road, and tunnel reception would be within the Caledonium Avenue public ROW. The alignment is approximately 1,400 feet long and consists of two 800- foot radius curves. The depths of shafts are approximately 50 feet at Brackney Road and 55 feet at Caledonium Avenue.
 Tunnel Option B - Tunnel launch would be the same as Tunnel Option A, and tunnel reception would be at the end of Fremont Avenue. The alignment is approximately 1,150 feet long and consists of one 800-foot radius curve. The depths of shafts are approximately 45 feet at Brackney Road and 35 feet at Fremont Avenue.
 Tunnel Option C – Tunnel launch would be the same as Tunnel Options A and B, but the tunnel reception would be within Schaaf Road. The alignment is approximately 1,700 feet long and consists of one 800-foot radius curve. The depths of shafts are approximately 35 feet at Brackney Road and 35 feet at Schaff Road (Mott MacDonald 2021). (Final EIR pp. 6-25 – 6-26.)
Environmental Effects. The northern end of the construction zone for the microtunneling construction method is within a sensitive Sandhills habitat area, and thus, potentially significant impacts related to special status species and temporary disturbance to Sandhills habitat and jurisdictional wetlands would remain the same as the Proposed Project in this location, thus requiring similar mitigation. Therefore, Alternative 2 would not avoid or substantially lessen impacts to special status species, sensitive habitat or jurisdictional wetlands.

The Proposed Project would potentially cause adverse effects involving landslides or be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the Proposed Project, and potentially result in on- or off-site landslide, slope failure/instability, subsidence, or collapse due to the proposed Horizontal Directional Drilling (HDD) method proposed at the Brackney North pipe section. This impact would not be avoided or substantially lessened under Alternative 2 as the microtunneling construction method also could result in inadvertent release of fluids during construction.

All tunnel alignment alternatives cross the Ben Lomond fault, which is assumed to be inactive, and therefore, the risk of fault rupture is very low, same as the Proposed Project. However, conventional bored tunneling may encounter problems within the fractured rock near a fault zone including highly adverse groundwater and ground inflow. Mitigation of adverse ground and groundwater conditions usually entails pre-excavation ground treatment (i.e., grouting or dewatering), pressurized face tunneling such as microtunneling, or a combination of the two. As long as the tunnel alignment is located fully within rock, the risk of triggering a landslide during construction should be low. The tunnel should be located deep enough to reduce the risk of encountering low-points in the soil/rock profile which could lead to ground loss.

22.57 Newell Creek Pipeline Improvement Project Findings of Fact and Statement of Overriding Considerations March 2022 40
The Proposed Project could potentially directly or indirectly destroy a unique paleontological resource or site during construction. Construction under Alternative 2 would not avoid or substantially reduce impacts to sensitive geologic formations with potential paleontological resources as this alternative includes the same work area as the Proposed Project. It is noted that only a small portion of the pipe section at the southern end is within a paleontologically sensitive (Monterey Formation) area.

The Proposed Project would be located adjacent to sites included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, could create a significant hazard to the public or the environment. However, the Brackney North section is not located in proximity to identified hazardous materials sites, and no changes are made to other sections of the Proposed Project under Alternative 2. Therefore, Alternative 2 would not avoid or substantially lessen impacts related to hazardous materials sites.

Construction and operation of the Proposed Project would not violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface water quality, except that the HDD construction method proposed in the Brackney North section could result in release of drilling fluids into San Lorenzo River without mitigation. This impact would not be avoided or substantially lessened under Alternative 2 as the alternative microtunneling construction method has the same potential for inadvertent release of fluids as the Proposed Project.

Construction of the Proposed Project would result in generation of a substantial temporary increase in ambient noise levels in the vicinity of some Proposed Project pipe sections in excess of applicable standards established in local general plans or noise ordinances, with a significant unavoidable impact in the Brackney North and potentially Brackney South sections due to limited nighttime construction. For microtunneling, the primary sources of noise are the slurry separation plant and generator that could result in significant noise impacts, and depending on the selected method, construction of the shafts can cause noise and vibrations. Rock excavation for the shafts could require impact-type excavation methods, such as hoe-rams, however blasting is not anticipated based on potential rock types and geophysics results. Tunneling can also cause vibrations at the surface though the tunnel alternatives are considered deep enough to mitigate these impacts. Therefore, Alternative 2 would not avoid or substantially lessen noise impacts associated with the HDD construction method of the Proposed Project, and could potentially result in temporary increased vibration levels during construction.

Other less-than-significant impacts that would result due to construction of the Proposed Project are expected to remain the same under Alternative 2 related to cultural resources and wildfire impacts. No recorded cultural resources were identified in the Brackney North area as part of the project archaeological investigation. Because the microtunneling method would result in a similar construction duration period as the Proposed Project, lessthan-significant impacts related to air quality, energy, GHG emissions, and transportation are expected to be the same or similar to the Proposed Project. (Final EIR pp. 6-26 – 6-28.) Finding. The City Council rejects Alternative 2 as infeasible. Alternative 2 would meet most of the project objectives, including addressing deficiencies in the existing NCP (Objective #1), improving long-term reliability of the City’s water infrastructure between Loch Lomond Reservoir and GHWTP (Objective #2), improving access to the NCP to facilitate inspection, maintenance and repair (Objective #3), and siting the NCP to optimize accessibility and minimize the potential for future failures (Objective #4). However, Alternative 2 would not fully meet the project objective to regarding cost-effectiveness (Objective #5) as the microtunneling alternative is estimated to cost approximately $14-18 million dollars, which is about three times the cost of the Proposed Project. Furthermore, Alternative 2 would not avoid or substantially lessen the significant unavoidable impact related to temporary

22.58 Newell Creek Pipeline Improvement Project Findings of Fact and Statement of Overriding Considerations March 2022 41
construction noise or significant impacts related to biological resources, geology/soils, water quality and hazardous materials. In the City Council’s policy judgment, this alternative is not feasible due to increased costs and potential impacts resulting from Alternative 2. Therefore, the City Council finds that, when taking into account the economic and environmental factors considered for this alternative, Alternative 2 is not feasible.

22.59 Newell Creek Pipeline Improvement Project Findings of Fact and Statement of Overriding Considerations March 2022 42
9 Statement of Overriding Considerations
As set forth in the preceding sections, the Santa Cruz City Council’s approval of the Project will result in significant and adverse environmental effects that cannot be avoided even with the adoption of all feasible mitigation measures; and there are no feasible project alternatives that would mitigate or substantially lessen all of these impacts. Despite the occurrence of these effects, however, the City Council, in accordance with CEQA Guidelines Section 15093, chooses to approve the Project because, in the Council’s considered judgment, the economic, social, environmental, and other benefits that the Project will produce will render the significant effects acceptable.

9.1 Significant and Unavoidable Impacts
As described above in Section 7.5, Significant Unavoidable Impacts, of these findings, the Project will result in the following potentially significant and unavoidable impacts associated with temporary construction noise impacts during pipeline installation in the Brackney North and South segments, even with the implementation of all feasible mitigation measures:
 Impact NOI-2: Substantial Increase in Ambient Noise Levels in Excess of Standards. Construction of the Proposed Project would result in generation of a substantial temporary increase in ambient noise levels in the vicinity of some Proposed Project pipe sections in excess of applicable standards established in local general plans or noise ordinances.

Notably, this impact is temporary, and the effects of this impact will only be present during a portion of the construction activities associated specifically with pipeline installation in the Brackney North and South segments.

All other potentially significant effects can be rendered less than significant through the adoption of feasible mitigation measures.

9.2 Overriding Considerations
In the City Council’s judgment, the Project and its benefits outweigh its unavoidable significant effects due to temporary construction-related noise. The following statement identifies the specific reasons why, in the City Council’s judgment, the benefits of the project as approved outweigh these unavoidable significant effects. Any one of these reasons is sufficient to justify approval of the Project. Thus, even if a court were to conclude that not every reason is supported by substantial evidence, the City Council would stand by its determination that each individual reason is sufficient. The substantial evidence supporting the various benefits can be found in the preceding findings.

1. The Project will address identified deficiencies in the existing NCP in order to maintain full functioning without interruption in order to protect water supply reliability and service to the City’s customers.

The Newell Creek Pipeline is a critical water transmission facility which connects the City’s only surface water storage facility at Loch Lomond Reservoir to the Graham Hill Water Treatment Plant. This facility is reaching the end of its useful life and repair of this facility is essential to ensure resiliency of the overall water system in the future in the face of prolonged droughts or other system outages that could affect the City’s other water

22.60 9 – Statement of Overriding Considerations
Newell Creek Pipeline Improvement Project Findings of Fact and Statement of Overriding Considerations March 2022 43
sources. Further, the Newell Creek Pipeline has a nexus with other planned future capital improvement efforts throughout the water system, and a reliable conveyance pipeline is necessary for their successful implementation.

2. The Project will reduce the need for ongoing pipeline repairs in areas with limited accessibility, sensitive environmental resources, and private property conflicts.

Replacement of the existing aging pipeline with the Proposed Project will result in overall improvement to the condition of the Newell Creek Pipeline, which is currently deteriorating and subject to breaks. The Proposed Project’s relocation of some pipe segments will provide improved accessibility for maintenance and repairs compared to what currently exists for some segments, while avoiding sensitive habitat areas and areas of steep slopes that are prone to landslides. Implementation of the Proposed Project will reduce the need for costly and time-intensive repairs of the pipeline in areas with difficult accessibility, in addition to reducing ongoing environmental impacts that may occur from erosion, leaks, or associated repairs. Further, the Proposed Project would make minor relocations to the existing alignment to take the pipeline out of private property and into the public right-of-way, where feasible, which would reduce potential private property damage and/or conflicts.

3. The Project will help implement the City’s General Plan 2030 objectives and policies regarding the City’s water system.

The Project will upgrade aging infrastructure and help maintain and improve the integrity of the City’s water system as set forth in the City’s General Plan 2030 Goal CC3 for a safe, reliable and adequate water supply.

In doing so, the Project would help achieve Policy CC3.4.3, optimize storage, transmission, and distribution capacities and efficiencies, and Policy CC3.4.4, evaluate and improve the water system so as to minimize water outages due to emergencies and disasters.

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Newell Creek Pipeline Improvement Project Findings of Fact and Statement of Overriding Considerations March 2022 44

22.62 9 – Statement of Overriding Considerations
Newell Creek Pipeline Improvement Project Findings of Fact and Statement of Overriding Considerations March 2022 45

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22.63 Newell Creek Pipeline Improvement Project Final EIR 12287.04 March 2022 8-1
8 Mitigation Monitoring and
Reporting Program
Section 15097 of the California Environmental Quality Act (CEQA) Guidelines requires that, whenever a public agency approves a project based on a mitigated negative declaration or an environmental impact report (EIR), the public agency shall establish a mitigation monitoring or reporting program to ensure that all adopted mitigation measures are implemented.

This mitigation monitoring and reporting program (MMRP) for the Newell Creek Pipeline (NCP) Improvement Project (Proposed Project) has been prepared pursuant to CEQA (Public Resources Code Section 21000 et seq.) and the CEQA Guidelines (14 California Code of Regulations, Chapter 3, Sections 15074 and 15097).

This is a new chapter that was not included in the Draft EIR. This MMRP is intended to be used by City of Santa Cruz Water Department (SCWD) staff, its contractors and mitigation monitoring personnel to facilitate compliance with mitigation measures during project construction and implementation. Mitigation measures identified in this MMRP were developed during the preparation of the EIR prepared for the Proposed Project.

A master copy of this MMRP shall be kept in the office of the SCWD and shall be available for viewing upon request.

The EIR for the Proposed Project presents a detailed set of mitigation measures required for implementation.

As noted above, the intent of the MMRP is to facilitate the effective implementation and enforcement of all adopted mitigation measures. The MMRP includes all mitigation measures identified in the EIR and, for each measure, the party responsible for implementation and implementation timing (see Table 8-1). The MMRP also includes the City’s standard construction practices, which are described in Chapter 3, Project Description, and would be implemented by the City and its contractors during project operations and construction activities.

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Newell Creek Pipeline Improvement Project Final EIR 12287.04 March 2022 8-2
Table 8-1. Mitigation Monitoring and Reporting Program
Mitigation Measures and Standard Practices Party Responsible for Implementation Implementation Timing

MITIGATION MEASURES IDENTIFIED IN THE ENVIRONMENTAL IMPACT REPORT Biological Resources
MM BIO-1: Project Siting (Applicable to all Proposed Project sections). The City shall protect the specific locations of any sensitive biological resources, including special-status plants, special-status wildlife, sensitive vegetation communities and habitat areas, and jurisdictional aquatic resources, that are outside of but adjacent to construction work areas to minimize disturbance to these resources. These locations shall be identified prior to construction and impacts to such resources will be avoided and minimized through placement of protective measures, such as fencing, staking and/or flagging to prevent equipment or workers from temporarily encroaching within these areas. Warning signs shall be posted on the temporary fencing to alert workers not to proceed beyond the fence, including the following language:
“Notice: Sensitive Habitat Area. Do Not Enter.” The specific locations of sensitive biological resources to be protected will be identified by a qualified biologist and protective measures will be installed prior to the commencement of construction.

Minimize ground disturbing activities that will occur outside existing developed areas and maintained road rights-of-way (ROW) to the maximum extent feasible to avoid and minimize impacts to special-status plants, special-status wildlife, sensitive vegetation communities, sensitive habitats, and aquatic resources.

City responsible for hiring a
qualified biologist to identify
locations of sensitive
biological resources that are
outside of but adjacent to
construction work areas.

City responsible for inclusion
of measure in construction
specifications and contracts
and periodic inspection.

Contractor responsible for
implementation in
coordination with biologist.

Qualified biologist to
identifysensitive locations:

Prior to construction.

Include measure in
construction specifications and
contracts: Prior to construction.

Limit construction activities to
designated areas: Prior to and
during construction.

Periodic inspections: During
construction.

MM BIO-2: Special-Status Plant Surveys (Applicable to all Proposed Project sections). To identify specialstatus plants or plant patches to be avoided under MM BIO-1, a qualified botanist shall survey Proposed Project work areas not covered in 2021 surveys in accordance with standard protocols (CNPS 2001, CDFW 2018, USFWS 2000) prior to construction. The botanist shall also revisit the 2021 botanical survey area to confirm the absence of special-status plants from any direct impact areas (e.g., staging areas, excavation footprints) included in final construction drawings (areas outside direct impact areas that were surveyed in 2021 would not need to be rechecked). The botanist or another qualified biologist with native plant identification training shall be present on site during the placement of protective fencing, staking, and/or flagging so that plants and their root zones are adequately protected from construction activities.

City responsible for hiring
qualified botanist/biologist
to conduct surveys and be
present on site during
placement of protective
measures.

Conduct focused plant survey:

Prior to construction and
during appropriate bloom
period.

Botanist/biologist monitoring:

During placement of protective
measures.

MM BIO-3: Special-Status Plant Compensation. If any special-status plant occurrences are found in future surveys and cannot be avoided, a plan focused on compensating for impacts to these species shall be developed by the City prior to construction and implemented. This plan shall be a component of the project’s overall Habitat Mitigation and Monitoring Plan described in MM BIO-11 and include the following elements:
a. Description and quantification of special-status plant occurrences that would be impacted by the project;
b. Identification and evaluation of on- or off-site areas for preservation of existing special-status plant occurrences or propagation of new occurrences using seeds from impacted occurrences; City responsible for hiring
qualified botanist/biologist
to prepare plan according to
specifications in measure.

City responsible for
implementation of the plan.

Plan preparation if specialstatus species are found: Prior to construction.

Plan implementation: During or
after construction per
requirements of the plan.

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Newell Creek Pipeline Improvement Project Final EIR 12287.04 March 2022 8-3
Table 8-1. Mitigation Monitoring and Reporting Program
Mitigation Measures and Standard Practices Party Responsible for Implementation Implementation Timing
c. Analysis of appropriate and viable planting or propagation techniques, seed-collection techniques, and seeding rates for impacted species;
d. A description of specific performance standards, including a required replacement ratio and minimum success standard of 1:1 for impacted individuals or populations; e. A monitoring and reporting program to ensure mitigation success; and f. A description of adaptive management and associated remedial measures to be implemented in the event that performance standards are not achieved.

MM BIO-4: Sandhills Species Wildlife Protection and Compensation (Applicable to Proposed Project Newell Creek Road, Glen Arbor, Graham Hill Road North and Graham Hill Road South sections). Direct temporary impacts to suitable Sandhills habitat for the Mount Hermon June beetle and/or Zayante band-winged grasshopper (and individuals) shall be addressed through either the Section 7 or Section 10(a)(1)(B) process under the federal Endangered Species Act (ESA) of 1973, as amended. Alternatively, the City may seek concurrence with USFWS that implementation of appropriate avoidance and minimization measures set forth in the existing O&M HCP and GHWTP HCP would ensure approved levels of incidental take are not exceeded due to project activities. These include six minimization measures (locate project activities on and adjacent to current development, delineate boundaries of the impact area, cover exposed soils, dust control, landscaping elements that do not degrade habitat, and time habitat management activities to avoid key times of the year) and three mitigation measures (protect Sandhills habitat at the City’s property in Bonny Doon, purchase conservation credits at the Zayante Sandhills Conservation Bank, and revegetate the area of temporary habitat loss with native Sandhills species). Additionally, compensatory mitigation for the temporary loss of suitable habitat (and individuals) shall be provided at a minimum 1:1 ratio or at other ratios as determined through consultation with USFWS. The City has available acreage at its existing Bonny Doon mitigation site which provides high quality Mount Hermon June Beetle habitat, per the Low-Effect HCP issued for GHWTP activities; this site may be utilized to compensate for any temporary impacts to Mount Hermon June Beetle resulting from the Proposed Project.

Once the take authorization has been provided for the Proposed Project, if necessary, relevant conservation measures shall be implemented.

City responsible for
consultation with USFWS
and implementing any
compensatory mitigation.

Contractor responsible for
implementing avoidance and
minimization measures
during construction
Consultation with USFWS: Prior
to construction.

Implementation of avoidance
and minimization measures :

During construction.

Compensatory Mitigation: To
be determined based on
consultation with USFWS.

MM BIO-5: Mount Hermon June Beetle Protection (Applicable to Proposed Project Newell Creek Road, Glen Arbor, Graham Hill Road North and Graham Hill Road South sections). To reduce potential impacts to Mount Hermon June Beetle, exposed soils disturbed in areas of Zayante soils shall be covered during the active breeding season (May 15 through August 15) between the hours of 7pm and 7am daily. All exposed soils shall be covered by tarps, plywood, erosion control fabric, or other suitable impervious material. This will prevent adult males from burrowing into the exposed soils and subsequently being injured or killed by soil disturbance.

City responsible for inclusion
of measures in construction
specifications and contracts
and periodic inspection.

Contractor responsible for
covering soils.

Include measure in
construction specifications and
contracts: Prior to construction.

Cover soils: During
construction.

Periodic inspections: During
construction.

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MM BIO-6: Conduct Special-Status Amphibian and Reptile Species Survey and Monitoring (Applicable to Proposed Project Newell Creek Road, Glen Arbor Road, and Graham Hill Road North sections). A preconstruction survey for Santa Cruz black salamander, California giant salamander, and western pond turtle shall be conducted within 48 hours prior to the initiation of ground disturbance in suitable habitat for these species (i.e., damp upland areas near/adjacent to existing aquatic features associated with creeks, and the wetted portion of creeks). The survey area shall include all suitable habitat within work areas, plus a 50-foot buffer. Following the survey, the contractor, under the direction of a qualified biologist, shall install wildlife exclusion fencing (WEF) along the boundary of the work area containing suitable habitat to prevent special-status amphibians and reptiles from entering the work area. WEF must be trenched into the soil at least 4 inches in depth, with the soil compacted against both sides of the fence for its entire length, and must have intermittent exit points. Turn-arounds shall be installed at access points to direct amphibians and reptiles away from gaps in the fencing. A daily pre-construction sweep for wildlife within all staging and work areas shall be conducted and a qualified biologist shall inspect WEF at least weekly when work is conducted within suitable habitat.

If any individuals of Santa Cruz black salamander, California giant salamander or western pond turtle are observed during the pre-construction survey or construction, their location(s) shall be recorded and they should be allowed to move out of the area on their own. Alternatively, they shall be moved to the nearest appropriate habitat outside of the work area by a qualified biologist with applicable regulatory approvals to capture, handle, and translocate these species.

To avoid entrapment of special-status as well as common amphibian and reptiles during construction, any trenches or pits measuring 1 foot or greater in depth that must be left open at the end of a day’s construction activities shall be either covered or encircled with WEF, or the end of any open walls shall be ramped at an approximate 2:1 slope to allow any wildlife that enters the excavation to escape. A qualified biologist may approve the use of an alternative method to prevent ingress or entrapment.

City responsible for hiring
qualified biologist to conduct
surveys, monitoring, and
inspections, and implement
relocation, if needed.

Contractor responsible for
installing and maintaining
WEF and ensuring trenches
and pits are left in specified
condition at the end of the
workday.

Pre-construction survey: 48
hours prior to initiation of
ground-disturbing activities in
suitable habitat.

Installation of fencing: Prior to
construction.

Weekly fence inspection and
maintenance: During
construction.

Daily monitoring: During
construction.

Trench and pit condition: at the
end of each construction
workday.

MM BIO-7: Conduct San Francisco Dusky-Footed Woodrat Survey and Relocation (Applicable to Proposed Project Newell Creek Road, Brackney North, Brackney South, San Lorenzo Way, Felton Booster Pump Station, and Graham Hill Road North sections). A pre-construction survey to locate woodrat middens shall be conducted by a qualified biologist no more than 14 days prior to the onset of construction activities.

The survey area shall include all suitable habitat within the work areas, plus a 50-foot buffer. Woodrat middens found shall be photographed, mapped and flagged with high visibility flagging tape or fenced for avoidance. If middens are found and complete avoidance is not feasible, the following measures shall be implemented after obtaining approval from CDFW to avoid and reduce impacts on San Francisco duskyfooted woodrat:
a. A qualified biologist shall dismantle the nest by hand to allow for adult San Francisco dusky-footed woodrat individuals to escape (this work shall be conducted outside of the breeding season for this species which is April through June);
City responsible for hiring
qualified biologist to conduct
survey and implement
relocation, if needed.

Pre-construction survey: Within
14 days prior to commencing
construction activities in
suitable habitat.

Relocation, if needed: Prior to
construction.

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b. If young are observed during the dismantling process, the qualified biologist shall stop work for a minimum of 24 hours to allow the adult woodrats to relocate their young; c. Once the nest is determined to be vacant, the dismantling process shall be completed and the nest materials shall be collected and moved to another suitable location nearby and outside of the construction footprint to allow for nest reconstruction; and d. Where feasible, piles of cut vegetation and slash generated by project clearing and grubbing activities shall be left outside of, but near the work area, to provide refuge for woodrats that may become displaced by project activities.

MM BIO-8: Conduct Preconstruction Nesting Bird Surveys (Applicable to Proposed Project Graham Hill Road North, Brackney North section, and any section where tree or vegetation removal is proposed).

Vegetation removal activities shall be conducted outside the bird nesting season (February 1 through August 31) as much as possible to avoid direct impacts to nesting birds. For construction and vegetation removal activities occurring during the nesting season, an avian nesting survey of the work areas and contiguous habitat within 300 feet of all impact areas must be conducted for protected migratory birds and active nests. The avian nesting survey shall be performed by a qualified wildlife biologist within 14 days prior to the start of vegetation removal or construction activities. Once construction has started, if there is a break in activities that exceeds 14 days, then another avian nesting survey shall be conducted. If an active bird nest is found, the nest shall be flagged and mapped on the construction plans along with an appropriate no disturbance buffer, which will be determined by the biologist based on the species’ sensitivity to disturbance. The nest area shall be avoided until the nest is vacated and the juveniles have fledged. The no disturbance buffer shall be demarcated in the field with flagging and stakes or construction fencing as determined appropriate by the biologist.

City responsible for hiring
qualified biologist to conduct
surveys and identify
appropriate no disturbance
buffers, as needed.

Pre-construction survey: Within
14 days prior to initiation of
construction activities or
vegetation removal during the
nesting season; subsequent
survey(s) required if
construction is paused for
more than 14 days during the
nesting season.

Installation of fencing/flagging:

Following any observed nesting
activity within or adjacent to
project work areas.

MM BIO-9: Conduct Preconstruction Roosting Bat Survey (Applicable to Proposed Project Newell Creek Road, Brackney North, Brackney South, San Lorenzo Way, Felton Booster Pump Station, and Graham Hill Road North sections). To the extent practicable, tree removal should occur outside peak bat activity timeframes when young or overwintering bats may be present, which generally occurs from March through April and August through October, to ensure protection of potentially occurring bats and their roosts within work areas. Additionally, daily restrictions on the timing of any construction activities should be limited to daylight hours to reduce disturbance to roosting (and foraging) bat species. Additionally, a visual bat survey should be conducted within 30 days prior to the removal of any trees and commencement of construction activities. The survey should include a determination on whether any active bat roosts are present on or within 50 feet of the project work areas. If a non-breeding and non-wintering bat colony is found, the individuals shall be evicted under the direction of a qualified biologist to ensure their protection and avoid unnecessary harm. If a maternity colony or overwintering colony is found within the work areas, then the qualified biologist shall establish a suitable construction-free buffer around the location. The City responsible for hiring
qualified biologist to conduct
survey and identify no
disturbance buffers or
implement relocation, as
needed
Pre-construction survey: Within
30 days prior to tree removal
or initiation of construction
activities.

Installation of fencing/flagging:

Following any observed
maternity or overwintering
colony of bats within or
adjacent to project work areas.

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construction-free buffer shall remain in place until the qualified biologist determines that the nursery is no longer active.

MM BIO-10: Biological Construction Monitoring (Applicable to all sections with off-pavement ground disturbance). A qualified biologist shall monitor vegetation removal and initial ground disturbing construction activities for off-pavement work and conduct periodic monitoring inspections for all other construction activities. The monitor shall check any installed WEF (MM BIO-6) and buffers for any active nesting birds (MM BIO-7) encountered at least once a week, and if nesting birds are determined to be present, shall verify when the young have fledged before commencement of construction activities in proximity to the nest. The biologist shall have stop-work authority in the event that a protected species is found within the active construction footprint. During construction, the biological monitor shall keep a daily observation log and a photo log to describe monitoring activities, remedial actions, non-compliance, and other issues and actions taken. These logs shall be kept on-site or tracked in a digital database and made available for inspection by agency personnel.

City responsible for hiring
qualified biologist to conduct
construction monitoring.

Monitoring: During
construction.

MM BIO-11: Sensitive Vegetation Communities Compensation (Applicable to Proposed Project Newell Creek Road, Glen Arbor Road, Graham Hill Road North, and Graham Hill Road South sections). Direct temporary impacts to sensitive vegetation communities shall be mitigated via a combination of on-site and off-site measures. On-site measures shall include rehabilitation for areas temporarily impacted at a 1:1 mitigation ratio. All areas temporarily impacted shall be returned to conditions similar to those that existed prior to grading and/or ground-disturbing activities. It is anticipated that a one-time restoration effort at the completion of the project followed by monitoring and invasive weed removal for a minimum of 3 years would adequately compensate for the direct temporary impacts to these vegetation communities. If mitigation cannot be fully accomplished on site due to spacing constraints, the remaining compensatory mitigation shall be accomplished off site via rehabilitation, enhancement, and/or preservation of in-kind vegetation in the same watershed. A Habitat Mitigation and Monitoring Plan shall be prepared and implemented to compensate for the loss of all sensitive vegetation communities (see below).

Rehabilitation and enhancement activities with Zayante soils will be revegetated with plants native to the Sandhills habitat (on Zayante soils), such as sticky monkeyflower (Mimulus aurantiacus), deer weed (Lotus scoparius), and silver bush lupine. These native plants will provide suitable habitat conditions for specialstatus species that might eventually colonize the temporarily impacted portion of the impact area. These revegetated areas will not include any landscape elements that degrade habitat for the special-status species, including mulch, bark, weed matting, rock, aggregate, or turf grass.

The Habitat Mitigation and Monitoring Plan shall detail the habitat restoration activities and shall specify the criteria and standards by which the revegetation and restoration actions will compensate for impacts City responsible for hiring
qualified biologist to prepare
plan and implement
rehabilitation and monitoring
in accordance with
specifications in the plan.

Plan preparation: Prior to
construction.

Rehabilitation and plan
implementation: After
completion of construction
activities.

Monitoring/weed removal: At
least 3 years following
rehabilitation.

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of the Proposed Project on sensitive vegetation communities and shall at a minimum include discussion of the following:
a. The rehabilitation and enhancement objectives, type, and amount of revegetation to be implemented taking into account enhanced areas where non-native invasive vegetation is removed and replanting specifications that take into account natural regeneration of native species when applicable. b. The specific methods to be employed for revegetation. c. Success criteria and monitoring requirements to ensure vegetation community restoration success. d. Remedial measures to be implemented in the event that performance standards are not achieved.

MM BIO-12: Aquatic Resource Avoidance. Future refinements to the Proposed Project shall avoid jurisdictional aquatic resources regulated by the U.S. Army Corps of Engineers, Regional Water Control Board, and California Department of Fish and Wildlife, to the maximum extent practicable. As described in MM BIO-1, where feasible and appropriate, all jurisdictional aquatic resources not directly affected by construction activities will be avoided and protected by establishing staking, flagging or fencing between the identified construction areas and aquatic resources to be avoided.

City responsible for hiring
qualified biologist to identify
aquatic resources to be
avoided and coordinate with
contractor to establish
protective fencing or flagging.

Establish fencing and flagging:

Prior to construction.

MM BIO-13: Aquatic Resource Compensation. For any unavoidable impacts to jurisdictional aquatic resources, the City shall ensure that there is no net loss of such resources. This shall be accomplished by providing compensatory mitigation at a minimum ratio of 1:1 for temporary impacts and 2:1 for permanent impacts, or at other ratios as determined through negotiations with the regulatory agencies. A projectspecific mitigation plan shall be developed for submittal to the U.S. Army Corps of Engineers, Regional Water Control Board, and/or California Department of Fish and Wildlife, as appropriate, through their respective regulatory permitting processes, and implemented. The mitigation plan shall specify the criteria and standards by which the mitigation will compensate for impacts of the Proposed Project and include discussion of the following:
a. The mitigation objectives and type and amount of mitigation to be implemented; b. The location of the proposed mitigation site(s) (within the San Lorenzo River watershed, if possible); c. The methods to be employed for mitigation implementation (jurisdictional aquatic resource establishment, re-establishment, enhancement, and/or preservation); d. Success criteria and a monitoring program to ensure mitigation success; and e. Adaptive management and remedial measures in the event that performance standards are not achieved.

City responsible for hiring
qualified biologist to prepare
plan.

City responsible for
implementing plan.

Plan preparation: Prior to
construction.

Plan implementation: After
completion of construction
activities, or as specified in the
plan.

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Geology and Soils
MM GEO-1: HDD Geologic Monitoring (Applicable to Brackney North section). A California Certified Engineering Geologist (CEG) or Registered Geotechnical Engineer (RGE) shall monitor horizontal directional drilling (HDD) operations for potential ground subsidence or soil collapse along the HDD alignment. In the event that ground subsidence or soil collapse is observed, HDD operations shall cease pending completion of remedial measures. Remedial measures shall include adjustments to drilling operations to preclude additional ground failure, as well as remedial measures to repair the area of ground failure.

Contractor responsible for
monitoring drilling operations.

City responsible for providing
a full-time inspector under
the direction of a qualified
geologist or engineer to
oversee monitoring.

Drilling operations monitoring:

During construction.

MM GEO-2: HDD Inadvertent Fluid Return Plan (Applicable to Brackney North and Brackney South sections). An inadvertent fluid return contingency plan shall be prepared and implemented, including measures for training, monitoring, worst-case scenario evaluation, equipment and materials, agency notification and prevention, containment, clean up, and disposal of released drilling mud. Site-specific contingency measures shall be developed for the proposed HDD alignment, taking into consideration terrain, access, resource sensitivities, and proximity of suitable areas for staging inadvertent fluid return equipment. Preventative measures would include incorporation of recommendations by a professionalengineer, based on geotechnical investigations, to determine the most appropriate drilling mud mixture and drilling pressures. Drilling pressures shall be closely monitored by a CEG or RGE such that those pressures do not exceed pressures required to penetrate the rock formation. Monitoring by a minimum of two monitors, which could include a CEG or RGE, shall occur throughout drilling operations to ensure swift response in the event of inadvertent fluid return. In the event of inadvertent fluid return and if containment becomes necessary, containment shall be accomplished through construction of temporary berms/dikes and use of silt fences, straw bales, absorbent pads, straw wattles, and plastic sheeting. Any required clean up shall be accomplished with plastic pails, shovels, portable pumps, and other equipment and materials identified in the contingency plan. The inadvertent fluid return contingency plan shall be submitted to the City for review and approval.

Contractor responsible for
preparing a fluid return
contingency plan under
review of the contractor’s
engineer and conducting
monitoring during drilling
operations. City to provide
oversight of monitoring
during inspections under the
direction of a qualified
geologist or engineer.

Plan preparation: Prior to
construction.

Drilling operations monitoring:

During construction.

MM GEO-3: Paleontological Resources Impact Mitigation Program and Paleontological Monitoring (Applicable to Newell Creek Road, Glen Arbor Road, Brackney North, Brackney South, and Graham Hill Road North sections). Prior to commencement of any trenching activity on site, the City shall retain a qualified paleontologist per the Society of Vertebrate Paleontology (SVP) (2010) guidelines. The paleontologist shall prepare a Paleontological Resources Impact Mitigation Program (PRIMP) for the Proposed Project. The PRIMP shall be consistent with the SVP (2010 or most current version) guidelines and outline requirements for preconstruction meeting attendance and worker environmental awareness training; paleontological monitoring as required based on geological mapping, construction plans, and/or geotechnical reports; procedures for adequate paleontological monitoring and discoveries treatment; paleontological methods (including sediment sampling for microinvertebrate and microvertebrate fossils); reporting; and collections management. The qualified paleontologist shall attend the preconstruction City responsible for hiring
qualified paleontologist to
prepare the PRIMP and
conduct worker training and
monitoring.

City responsible for inclusion
of paleontological resource
protection measures in
construction specifications
and contracts.

Include measure in
construction specifications and
contracts: Prior to construction.

PRIMP preparation and worker
training: Prior to site grading or
excavation.

Monitoring: During grading and
ground disturbance as
specified in the PRIMP.

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meeting and a qualified paleontological monitor shall be on site during all trenching and other significant ground-disturbing activities (including augering) in previously undisturbed, Lompico Sandstone, Monterey Formation, and Santa Margarita Sandstone deposits, as defined by the PRIMP. In the event that paleontological resources (e.g., fossils) are unearthed during grading, the paleontological monitor will temporarily halt and/or divert grading activity to allow recovery of paleontological resources. The area of discovery will be roped off with a 50-foot radius buffer. Once documentation and collection of the find is completed, the monitor will allow grading to recommence in the area of the find.

Hazards and Hazardous Materials
MM HAZ-1: Hazardous Materials Management. Prior to initiation of Project construction, the City shall complete soil sampling within the proposed pipeline route, adjacent to the former Santa Cruz Lumber Yard site at 5843 Graham Hill Road, and in the Brackney Road and Rose Acres Lane neighborhoods, including the Brackney North and Brackney South pipeline sections. Soil samples shall be collected to a depth of 3 feet below ground surface and analyzed for California Administrative Manual (CAM) (i.e., California Title 22) metals.

In the event that Title 22 metals are detected at concentrations in excess of regulatory action levels, as determined by the California Department of Toxic Substances Control (DTSC) and/or Santa Cruz County Environmental Health Division, a Soil Management Plan shall be developed that requires potential metalsimpacted soils to be segregated and sampled to determine proper disposal options (i.e., hazardous versus nonhazardous landfill) or reuse (e.g., trench backfill). The City shall direct the contractor to consult with an industrial hygienist to determine the appropriate level of personal protective equipment (PPE), if any, that would be required for construction personnel during handling of potential metals-contaminated soil. The contractor shall implement the recommendations by the industrial hygienist to minimize potential exposure of construction personnel to metals concentrations in sediments during construction. All recommendations shall be completed in accordance with Occupational Safety and Health Administration (OSHA) Training Requirements (29 CFR 1910.132 and 1910.134, Subpart I – Personal Protective Equipment).

City responsible for hiring
consultant to conduct soil
sampling.

City responsible for hiring
qualified consultant to
prepare a Soil Management
Plan , if needed.

City responsible for inclusion
of requirement to consult
with an industrial hygienist in
construction specifications
and contracts.

Contractor responsible for
implementation of industrial
hygienist’s recommendations
for PPE.

Soil sampling: Prior to
construction.

Plan preparation: Prior to
construction.

Consultation with industrial
hygienist, if needed: Prior to
construction.

Implementation of PPE
requirements: During
construction.

Noise
MM NOI-1: Construction Noise (Applies to all segments). The Proposed Project shall implement the following measures related to construction noise:
• Restrict construction activities and use of equipment that have the potential to generate significant noise levels (e.g., use of concrete saw, mounted impact hammer, jackhammer, rock drill, etc.) to between the hours of 8:00 AM and 5:00 PM, unless specifically identified work outside these hours is authorized by the City’s Water Director as necessary to allow for safe access to a construction site, safe construction operations or efficient construction progress, such as required by the HDD pullback operations for the Brackney North segment.

City responsible for inclusion
of construction noise
requirements in construction
specifications and contracts.

Contractor responsible for
implementation during
construction.

Include measures in
construction specifications and
contracts: Prior to construction.

Implementation of measure:

During construction.

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• Construction activities requiring operations continuing outside of the standard work hours of 8:00 AM and 5:00 PM (e.g., HDD operations for the Brackney North and Brackney South sections) shall locate noise generating equipment as far as possible from noise-sensitive receptors, and/or within an acoustically rated enclosure (meeting or exceeding Sound Transmission Class [STC] 27), shroud or temporary barrier as needed to limit the propagation of sound into the surrounding areas in excess of the 60 dBA nighttime (10:00 PM to 8:00 AM) criteria at the nearest sensitive receptor. Noisy construction equipment, such as aboveground conveyor systems, and impact tools will likely require location within such an acoustically rated enclosure, shroud or barrier to meet the above criteria.

Impact tools, in particular, shall have the working area/impact area shrouded or shielded whenever possible, with intake and exhaust ports on power equipment muffled or suppressed. • Use of temporary or portable, application-specific noise shrouds, barriers,enclosures or other noisereducing equipment or methods shall be required, if needed, to shield nearby noise-sensitive receptors from equipment and operations that have the potential to generate noise levels in excess of the 75 dBA daytime (8:00 a.m. to 10:00 p.m.) criteria, as measured at nearby sensitive receptors.

This generally corresponds with a distance of 125 feet from construction activities to the nearest sensitive receptor, however site-specific factors will need to be taken into consideration, such as the specific construction equipment mix, duration of exposure, and intervening structures or topography that may result in associated noise reductions below the acceptable daytime noise threshold. • Portable and stationary site support equipment (e.g., generators, compressors, and cement mixers) shall be located as far as possible from nearby noise-sensitive receptors. • Construction equipment and vehicles shall be fitted with efficient, well-maintained mufflers that reduce equipment noise emission levels at the project site. Internal-combustion-powered equipment shall be equipped with properly operating noise suppression devices (e.g., mufflers, silencers, wraps) that meet or exceed the manufacturer’s specifications. Mufflers and noise suppressors shall be properly maintained and tuned to ensure proper fit, function, and minimization of noise. • Construction equipment shall not be idled for extended periods of time (i.e., 5 minutes or longer) in the immediate vicinity of noise-sensitive receptors.

STANDARD CONSTRUCTION PRACTICES INCLUDED IN THE PROPOSED PROJECT Erosion and Air Quality Control

1. Implement erosion control best management practices for all construction activities occurring in or adjacent to jurisdictional aquatic resources (resources subject to permitting under the Clean Water Act, Clean Water Act, Porter-Cologne Water Quality Act and/or California Fish and Game Code). These measures may include, but are not limited to, (1) installation of silt fences, fiber or straw rolls, and/or bales along limits of work/construction areas and from the edge of the water course; (2) covering of City responsible for inclusion
of measure in construction
specifications and contracts
and periodic inspection.

Prior to construction, include
measure in construction
specifications and contracts.

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stockpiled spoils; (3) revegetation and physical stabilization of disturbed graded and staging areas; and (4) sediment control including fencing, dams, barriers, berms, traps, and associated basins.

Contractor responsible for
implementation.

Implement measure during
construction.

Periodic inspection during
construction to ensure no
violations.

2. Provide stockpile containment and exposed soil stabilization structures (e.g., Visqueen plastic sheeting, fiber or straw rolls, gravel bags, and/or hydroseed).

City responsible for inclusion
of measure in construction
specifications and contracts
and periodic inspection.

Contractor responsible for
implementation.

Prior to construction, include
measure in construction
specifications and contracts.

Implement measure during
construction.

Periodic inspection during
construction to ensure no
violations.

3. Provide runoff control devices (e.g., fiber or straw rolls, gravel bag barriers/chevrons) used during construction phases conducted during the rainy season. Following all rain events, runoff control devices shall be inspected for their performance and repaired immediately if they are found to be deficient.

City responsible for inclusion
of measure in construction
specifications and contracts,
and periodic inspections.

Contractor responsible for
implementation.

Prior to construction, include
measure in construction
specifications and contracts.

Implement measure during
construction.

Periodic inspection during
construction to ensure no
violations.

4. Implement wind erosion (dust) controls, including the following:
• Use a water truck;
• Water active construction areas as necessary to control fugitive dust; • Hydro seed and/or apply non-toxic soil binders to exposed cut and fill areas after cut and fill operations;
• Cover inactive storage piles;
• Cover all trucks hauling dirt, sand, or loose materials off site; and • Install appropriately effective track-out capture methods at the construction site for all exiting trucks.

City responsible for inclusion
of measure in construction
specifications and contracts,
and periodic inspections.

Contractor responsible for
implementation.

Prior to construction, include
measure in construction
specifications and contracts.

Implement measure during
construction.

Periodic inspection during
construction to ensure no
violations.

Water Quality Protection

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5. Locate and stabilize spoil disposal sites and other debris areas such as concrete wash sites. Sediment control measures shall be implemented so that sediment is not conveyed to waterways or jurisdictional aquatic resources (resources subject to permitting under the Porter-Cologne Water Quality Act Section 13000 et seq, Clean Water Act Section 404, Clean Water Act Section 401, and/or California Fish and Game Code).

City responsible for inclusion
of measure in construction
specifications and contracts,
and periodic inspections.

Contractor responsible for
implementation.

Prior to construction, include
measure in construction
specifications and contracts.

Implement measure during
construction.

Periodic inspection during
construction to ensure no
violations.

6. Minimize potential for hazardous spills from heavy equipment by not storing equipment or fueling within a minimum of 65 feet of any jurisdictional aquatic resource unless approved by permitting agencies along with implementation of additional spill prevention methods such as secondary containment and inspection.

City responsible for inclusion
of measure in construction
specifications and contracts,
and periodic inspections.

Contractor responsible for
implementation.

Prior to construction, include
measure in construction
specifications and contracts.

Implement measure during
construction.

Periodic inspection during
construction to ensure no
violations.

7. Ensure that appropriate measures are taken to prevent gas, oil, or any other substances that could be hazardous to aquatic life or pollute habitat from contaminating the soil or entering jurisdictional aquatic resources by storing these types of materials within an established containment area.

Vehicles and equipment will have spill kits available, be checked daily for leaks, and will be properly maintained to prevent contamination of soil or water from external grease and oil or from leaking hydraulic fluid, fuel, oil, and grease. Any gas, oil, or other substance that could be considered hazardous shall be stored in water-tight containers with secondary containment. Emergency spill kits shall be on site at all times.

City responsible for inclusion
of measure in construction
specifications and contracts,
and periodic inspections.

Contractor responsible for
implementation.

Prior to construction, include
measure in construction
specifications and contracts.

Implement measure during
construction.

Periodic inspection during
construction to ensure no
violations.

8. Prevent equipment fluid leaks through daily equipment inspections. City responsible for inclusion of measure in construction
specifications and contracts,
and periodic inspections.

Contractor responsible for
implementation.

Prior to construction, include
measure in construction
specifications and contracts.

Implement measure during
construction.

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Periodic inspection during
construction to ensure no
violations.

9. Implement proper waste/trash management. City responsible for inclusion of measure in construction
specifications and contracts,
and periodic inspections.

Contractor responsible for
implementation.

Prior to construction, include
measure in construction
specifications and contracts.

Implement measure during
construction.

Periodic inspection during
construction to ensure no
violations.

In-Channel Work and Fish Species Protection
The City’s Standard Construction Practices for In-Channel Work and Fish Species Protection (Practices #10-12) are not applicable to the Project because no work would occur within flowing water.

General Habitat Protection

13. Minimize disturbance of riparian vegetation to the maximum extent feasible when working in or adjacent to an active stream channel.

City responsible for inclusion
of measure in construction
specifications and contracts,
and periodic inspections.

Contractor responsible for
implementation.

Prior to construction, include
measure in construction
specifications and contracts.

Implement measure during
construction.

Periodic inspection during
construction to ensure no
violations.

14. Restore all temporarily disturbed sensitive natural communities areas by replanting native vegetation using a vegetation mix appropriate for the site.

City responsible for
replanting.

Upon completion of
construction.

The City’s Standard Construction Practice for decontamination of tools and equipment prior to entering waterways (Practice #15) is not applicable to the Project because no work would occur within flowing water.

16. A qualified biologist shall conduct a training-educational session for project construction personnel prior to any mobilization-construction activities within the project sites to inform personnel about species that may be present on site. The training shall consist of basic identification of special-status species that may occur on or near the project site, their habitat, their basic habits, how they may be City responsible for hiring
qualified biologist or trained
designee to conduct training.

Training: Prior to construction
and prior to new work crews
coming onto the site.

22.76 8 – Mitigation Monitoring and Reporting Program
Newell Creek Pipeline Improvement Project Final EIR 12287.04 March 2022 8-14
Table 8-1. Mitigation Monitoring and Reporting Program
Mitigation Measures and Standard Practices Party Responsible for Implementation Implementation Timing
encountered in the work area, and procedures to follow when they are encountered. The training will include a description of the project boundaries; general provisions of the Migratory Bird Treaty Act, California Fish and Game Code, and federal and state Endangered Species Acts; the necessity for adhering to the provision of these regulations; and general measures for the protection of specialstatus species, including breeding birds and their nests. Any personnel joining the work crew later shall receive the same training before beginning work.

Dewatering
The City’s Standard Construction Practices for Dewatering (Practices #17-23) are not applicable to the Project because no work would occur within flowing water.

Inadvertent Discoveries of Archaeological Resources and Human Remains

24. Any unrecorded archaeological resources (sites, features, and/or artifacts) exposed during construction are subject to protection and consideration under CEQA and the California Public Resources Code (PRC) as well as Section 106 of the National Historic Preservation Act (NHPA) as detailed in the Code of Federal Regulations (CFR). The CEQA Guidelines Section 15064.5(f) specifically addresses provisions the City of Santa Cruz will make regarding accidental discovery of historical or unique archaeological resources during construction. The responsibilities of the lead federal agency to avoid, minimize or mitigate adverse effects to a “historic property” (36 CFR Section 800.16) are detailed in 36 CFR Section 800.13[b] and would be applicable for a project with federal involvement by way of funding, permitting, approval authority, or other means.

In general, the implementation procedures under CEQA and the NHPA in the case of an inadvertent archaeological discovery during construction are similar and are as follows:
• If archaeological resources are exposed immediately stop any construction work occurring within 100 feet which may further disturb the find. NOTE – This is a general guideline for the initial response, the exclusion zone may be contracted or expanded depending on the nature of discovery and type of construction activity proposed in the vicinity of the find. The duration of the exclusion zone will be determined by the City and the federal lead agency and is contingent on the approved course of action in response to the discovery. • Immediately notify the City Project Manager who shall immediately notify the Water Department Deputy Director/Engineering Manager
• A qualified archaeologist meeting the Secretary of the Interior’s Professional Qualification Standards will evaluate the state and federal significance of the find for eligibility to the California Register of Historical Resources (CRHR) and the National Register of Historic Places (NRHP) in coordination with City staff.

City responsible for inclusion
of measure in construction
specifications and contracts.

Contractor and City
responsible for
implementation.

Prior to construction, include
measure in construction
specifications and contracts.

Implement measure during
construction.

22.77 8 – Mitigation Monitoring and Reporting Program
Newell Creek Pipeline Improvement Project Final EIR 12287.04 March 2022 8-15
Table 8-1. Mitigation Monitoring and Reporting Program
Mitigation Measures and Standard Practices Party Responsible for Implementation Implementation Timing
• The City will notify the lead federal agency within 24 hours of discovery. The notification shall describe the assessment of the NRHP eligibility of the resource, specify the NRHP criteria used to evaluate the property’s eligibility, and propose actions to resolve any adverse effects. • The federal lead agency will contact the State Historic Preservation Officer (SHPO), the Advisory Council on Historic Preservation (ACHP), and any interested locally affiliated Native American tribes. The SHPO, ACHP, and Native American tribes will respond within 48 hours of the notification. The federal lead agency shall consider any recommendations regarding National Register eligibility and proposed actions and notify the City of the appropriate actions. The federal lead agency official shall provide the SHPO and the ACHP a report of the actions when they are completed.
• Avoidance and/or minimization of impacts/effects is the preferred course of actions under both state and federal guidelines. If preservation in place is not feasible, additional study will likely be required. In coordination with the lead federal agency, the City will prepare a data recovery/treatment plan for retrieving important archaeological data relevant to the site’s significance. The data recovery/treatment plan will be submitted to participating tribes and agencies for review and comment prior to implementation. • If the inadvertent discovery location cannot be avoided, and continuing work would have an adverse effect on the site, the federal agency, in coordination with the City, SHPO, and Native American tribes as appropriate, will need to draft and finalize a Memorandum of Agreement for the treatment of the historic property before work can proceed. • Implementation of the data recovery/treatment plan may include archaeological excavations, technical and laboratory analysis, and further consultation and coordination with Native American tribal representatives.
• A full written report will be prepared to include the results of all technical analyses and special studies and will be provided to participating tribes and agencies for review and comment. The report will be filed with the Northwest Information Center and will also provide for the permanent curation of recovered materials.

25. In California, the illegal possession of human remains is a felony, punishable by imprisonment (California Penal Code Section 1170[h]; Public Resources Code 5097.99[a] and [b]). Inadvertent discoveries of human remains exposed during construction on non-federal lands are subject to protection under CEQA and the NHPA. In accordance with Section 7050.5 of the California Health and Safety Code and the NHPA, if potential human remains are found, immediately notify the City, the lead federal agency, and the Santa Cruz County Coroner of the discovery. The Santa Cruz County Coroner will provide a determination within 48 hours of notification. No further excavation or City responsible for inclusion
of measure in construction
specifications and contracts.

Contractor and City
responsible for
implementation.

Prior to construction, include
measure in construction
specifications and contracts.

Implement measure during
construction.

22.78 8 – Mitigation Monitoring and Reporting Program
Newell Creek Pipeline Improvement Project Final EIR 12287.04 March 2022 8-16
Table 8-1. Mitigation Monitoring and Reporting Program
Mitigation Measures and Standard Practices Party Responsible for Implementation Implementation Timing
disturbance of the identified material, or any area reasonably suspected to overlie additional remains, can occur until a determination has been made.
• If human remains are exposed immediately stop any construction work occurring within 100 feet which may further disturb the find. NOTE – This is a general guideline for the initial response, the exclusion zone may be contracted or expanded depending on the nature of discovery and type of construction activity proposed in the vicinity of the find. The duration of the exclusion zone is contingent on the course of action mandated by the City and lead federal agency.
• If the Santa Cruz County Coroner determines that the remains are, or are believed to be, Native American, the coroner will notify the Native American Heritage Commission (NAHC) within 24 hours and all the actions described in these Standard Construction Practices regarding Inadvertent Archaeological Discoveries shall be followed. • In accordance with California Public Resources Code, Section 5097.98 and Section 106 of the NHPA, the NAHC must immediately notify those persons it believes to be the Most Likely Descendant (MLD) from the deceased Native American.
• Within 48 hours of this notification, the MLD will recommend to the City and lead federal agency her/his preferred treatment of the remains and associated grave goods. • The ultimate disposition of the remains will be coordinated between the City, the federal agency, the MLD, the landowner, and the NAHC (if necessary). • The lead federal agency will have additional government-to-government consultation requirements per the requirements of Section 106 [36 CFR § 800.2(c)(2)(ii)] which cannot be delegated to non-federal entities.

Other Practices

26. Notify adjacent property owners of nighttime construction schedules. A Construction Noise Coordinator will be identified. The contact number for the Construction Noise Coordinator will be included on notices distributed to neighbors regarding planned nighttime construction activities. The Construction Noise Coordinator will be responsible for responding to any local complaints about construction noise. When a complaint is received, the Construction Noise Coordinator shall notify the City within 48 hours of the complaint, determine the cause of the noise complaint, and implement as possible reasonable measures to resolve the complaint, as deemed acceptable by the City.

City responsible for inclusion
of measure in construction
specifications and contracts.

Contractor and City
responsible for
implementation.

Prior to construction, include
measure in construction
specifications and contracts.

Implement measure during
construction.

27. For construction in wildlands or in the wildland-urban interface, internal combustion engine equipment shall include spark arrestors, fire suppression equipment (e.g. fire extinguishers and shovels) shall be stored onsite during use of such mechanical equipment, and construction activities shall not be conducted during red flag warnings issued by the California Department of Forestry and Fire City responsible for inclusion
of measure in construction
specifications and contracts.

Prior to construction, include
measure in construction
specifications and contracts.

22.79 8 – Mitigation Monitoring and Reporting Program
Newell Creek Pipeline Improvement Project Final EIR 12287.04 March 2022 8-17
Table 8-1. Mitigation Monitoring and Reporting Program
Mitigation Measures and Standard Practices Party Responsible for Implementation Implementation Timing
Protection (CAL FIRE) unless adequate fire protection measures are implemented in compliance with federal, state, and local fire prevention and protection regulations and guidance. Fire safety measures will be detailed in a Fire Safety Program on a project-by-project basis. Red flag warnings and fire weather watches are issued by CAL FIRE based on weather patterns (low humidity, strong winds, dry fuels, etc.) and listed on their website (https://www.fire.ca.gov/programs/communications/red-flagwarnings-fire-weather-watches/).

Contractor responsible for
implementation.

Implement measure during
construction.

22.80 8 – Mitigation Monitoring and Reporting Program
Newell Creek Pipeline Improvement Project Final EIR 12287.04 March 2022 8-18

INTENTIONALLY LEFT BLANK

22.81 Proposed Newell Creek Pipeline Improvement Project Northern Segment Newell Creek Pipeline Improvement Project
FIGURE 3-5A SOURCE: City of Santa Cruz Water Department 2020 Path: Z:\Projects\CityofSantaCruz_AsNeeded\j1228702\MAPDOC\DOCUMENT\PhaseI Sources: Esri, HERE, Garmin, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri China (Hong Kong), (c) OpenStreetMap contributors, and the GIS User Community
¹ Felton Booster Pump Station
Loch Lomond Reservoir

0.5 0.25 0 0.5 Miles
Newell Creek Crossing at Newell
Creek Access Road Bridge
Glen Arbor Road Section
Newell Creek Road Section
Newell Creek Crossing
at Glen Arbor Road Bridge
Brackney North Section
(Brackney Landslide Risk Reduction Project)
Brackney South Section
San Lorenzo Way Section
Existing Alignment To Be Replaced
Existing Alignment To Be Abandoned
Proposed Re-Alignments
Felton Booster Section
Zayante Creek

22.82 Sources: Esri, HERE, Garmin, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri China (Hong Kong), (c) OpenStreetMap contributors, and the GIS User Community
¹
Felton Booster Pump Station
Graham Hill Water Treatment Plant

0.5 0.25 0 0.5 Miles
Zayante Creek Crossing
Eagle Creek Culvert Crossing
Pipeline Road
Graham Hill Road
South Section
Graham Hill Road
North Section
Existing Alignment To Be Replaced
Existing Alignment To Be Abandoned
Proposed Re-Alignments
Proposed Newell Creek Pipeline Improvement Project Southern Segment Newell Creek Pipeline Improvement Project
FIGURE 3-5B SOURCE: City of Santa Cruz Water Department 2020 Path: Z:\Projects\CityofSantaCruz_AsNeeded\j1228702\MAPDOC\DOCUMENT\PhaseI Zayante Creek

22.83 City Council

AGENDA REPORT
DATE: 04/26/2022
AGENDA OF: 05/10/2022
DEPARTMENT: Water
SUBJECT: 2022 Pavement Restoration Project – Authorization to Advertise and Award (WT)
RECOMMENDATION: Motion to approve plans and specifications for the 2022 Pavement Restoration Project, authorize staff to advertise for bids, and authorize the Water Director to execute change orders within the approved project budget. The City Manager is hereby authorized and directed to execute the contract, in a form approved by the City Attorney, and as authorized by Resolution No. NS-27,563.

BACKGROUND: Water Department staff is responsible for the maintenance and repair of approximately 250 miles of water main within the City’s water service area that extends outside of the City limits. Water main breaks occur for a variety of reasons including errors during excavation, aging infrastructure, extreme weather (freezing) and miss-marked utilities. Staff from the Water Department’s Distribution section responds to and repairs nearly 50 main breaks annually.

In addition to making repairs to water-related infrastructure, restoration of pavement, sidewalks, and other aboveground features is also often necessary. And, while department staff is capable of making many of these repairs, some damage requires specialty equipment, larger crews, complex traffic control or night work. For these circumstances the Department attempts to coordinate with other agencies suited for this type of work (i.e., City or County Public Works Departments), or contracts with an outside contractor.

DISCUSSION: This project will replace approximately 6,910 square feet of paving, including new striping and traffic control, associated with two separate incidences. Located within the jurisdiction of the County of Santa Cruz on Soquel Drive and 41st Avenue, the work will be covered under the current County and Caltrans blanket encroachment permits.

Traffic control and communication plans will be implemented considering adjacent property owners and the general public, and in order to minimize construction impacts, the work will occur at night. Staff anticipates that the project will be constructed as soon as June of 2022, depending on contractor availability.

FISCAL IMPACT: The project construction is preliminary estimated at $150,000. Funds are available in the Water Operations Fund 711 for Water Distribution maintenance projects. There is no impact to the General Fund.

23.1 Prepared By:

Heidi Luckenbach
Deputy Water Director /
Engineering Manager
Submitted By:

Rosemary Menard
Water Director
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

The Construction Plans can be found here: https://cityofsantacruz.sharefile.com/dsd7084a5bb63c43de95f24d5978b31893 The Specifications can be found here: https://cityofsantacruz.sharefile.com/ds33a842f65cc8475d903c5397ed2b8359

23.2 ORDINANCE NO. 2022-07
AN ORDINANCE OF THE CITY OF SANTA CRUZ AMENDING TITLE 24 OF THE SANTA

CRUZ MUNICIPAL CODE (ZONING ORDINANCE) AND THE LOCAL COASTAL IMPLEMENTATION PLAN: AMENDING SECTION 24.12.1400 ET SEQ. REGARDING REQUIREMENTS FOR “SMALL CELL” WIRELESS TELECOMMUNICATIONS

FACILITIES IN THE PUBLIC RIGHT-OF-WAY AND WITHIN THE COASTAL ZONE, AMENDING SECTION 24.04.130 “DECISION-MAKING BODY WITH FINAL AUTHORITY ON APPLICATION APPROVAL”, SECTION 24.04.186 “APPEALS TO COASTAL COMMISSION”
BE IT ORDAINED By the City of Santa Cruz as follows:

Section 1. Section 24.12.1405 (Definitions) of Title 24 of the Santa Cruz Municipal Code (Zoning Ordinance) is hereby amended to read as follows:

24.12.1405 DEFINITIONS.

A. As used in this chapter, the following terms shall have the meaning set forth below, unless the context clearly dictates a different meaning.

1. “Amateur radio facilities” are antennas and related equipment for the purpose of selftraining, intercommunication, or technical investigations carried out by an amateur radio operator who operates without commercial interest, and who holds a written authorization from the Federal Communications Commission to operate an amateur radio facility.

2. “American National Standards Institute” or “ANSI” is a private organization that develops widely accepted standards for various modern-day equipment.

3. “Antenna” is a device or system of wires, poles, rods, dishes, discs or similar devices used for the transmission and/or receipt of electromagnetic waves.

4. “Base transceiver station” or “BTS” is the electronic equipment housed in cabinets that together with antennas comprises a PCS facility or “site”. The cabinets include an air conditioning unit, heating unit, electrical supply, telephone hook-up and back-up power supply.

5. “California Public Utility Commission” or “CPUC” is the state-level regulatory agency responsible for regulating wireless telecommunications.

6. Cell” is the coverage area through which wireless receiving and transmitting equipment from a particular cell site successfully propagates.

24.1 ORDINANCE NO. 2022-07
2 7. “Cell site” is a parcel of real property or public right-of-way on which a wireless telecommunications facility is to be located.

8. “Co-location” is a wireless telecommunications facility comprising a single telecommunications tower, monopole or building supporting antennas owned or used by more than one wireless telecommunications carrier.

9. “Direct-to-home” generally means the distribution or broadcasting of programming or services by satellite directly to the subscriber’s premises without the use of ground receiving or distribution equipment, except at the subscriber’s premises.

10. “Facade-mounted antenna” is an antenna that is directly attached or affixed to any facade of building.

11. “Feasible” shall mean, for the purpose of this Chapter 24.12 Part 15, capable of being accomplished in a successful manner within a reasonable period of time, taking into account environmental, social, and technological factors.

12. “Federal Communications Commission” or “FCC” is the federal agency responsible for licensing and regulating wireless telecommunications providers. The agency has primary regulatory control over communications providers through its powers to control interstate commerce and to provide a comprehensive national system in accordance with the Federal Communications Act.

13. “Freestanding monopole” is a structure composed of a single spire used to support communications equipment.

14. “Ground-mounted” is an antenna with its support structure placed directly on the ground.

15. Monopole. See “Freestanding monopole.”

16. “Non-ionizing electromagnetic radiation” or “NIER” means low energy and low frequency electromagnetic energy, including visible light, television, pagers, AM/FM radio, cellular systems, enhanced specialized mobile radio (ESMR) systems and personal communications services (PCS) systems.

17. “Omni-directional” means an antenna that is equally effective in all directions (360 degrees) and is typically cylindrical in shape, the size of which varies with the frequency for which it is designed. Whip antennas are often referenced by this name.

18. “Panel antenna” means an antenna or array of antennas designed to concentrate a radio signal in a particular area. Panel antennas are typically flat, rectangular, long devices generally three square feet in size, although some technologies utilize larger panel antennas. Also known as directional antennas.

24.2 ORDINANCE NO. 2022-07
3 19. “Roof-mounted” means an antenna directly attached or affixed to the roof of an existing building, water tank, tower or structure other than a telecommunications tower. This type of installation is sometimes called a freestanding roof mounted antenna.

20. “Service provider” means a wireless telecommunications provider, a company or organization, or the agent of a company or organization that provides wireless telecommunications services.

21. “Significant gap” is a gap in the service provider’s own wireless telecommunications facilities, as defined in federal case law interpretations of the Federal Telecommunications Act of 1996.

22. “Small Cell Facilities” means, pursuant to 47 CFR 1.6002, any facilities that meet each of the following conditions:

1. The facilities:
a. Are mounted on structures 50 feet or less in height including their antennas; or b. Are mounted on structures no more than 10 percent taller than other adjacent structures; or
c. Do not extend existing structures on which they are located to a height of more than 50 feet or by more than 10 percent whichever is greater;

2. Each antenna associated with the deployment, excluding associated antenna equipment (as defined in the definition of antenna), is no more than three cubic feet in volume;

3. All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any pre-existing associated equipment on the structure, is no more than 28 cubic feet in volume;

4. The facilities do not require antenna structure registration by the FCC;

5. The facilities are not located on Tribal lands, as defined under 36 CFR 800.16(x); and

6. The facilities do not result in human exposure to radiofrequency radiation in excess of the applicable safety standards specified by the FCC.

23. “Small Cell Aesthetic/Design Standards” means the aesthetic and design standards for small cell wireless facilities adopted by the city council.

24. “Stealth facility” is any telecommunications facility, which is designed to blend into the surrounding environment, and is visually unobtrusive. Examples of stealth facilities

24.3 ORDINANCE NO. 2022-07
4 may include architecturally screened roof-mounted antennas, facade-mounted antennas painted and treated as architectural elements to blend with the existing building, or elements designed to appear as vegetation, trees, or commonly expected strucures for the area in question. Also known as concealed telecommunications facilities.

25. “Stealth technologies/techniques” are camouflaging methods applied to wireless telecommunications facilities which render them visually inconspicuous.

26. “Telecommunications” is any transmission, emission or reception of signals, images and sound or information of any nature by wire, radio, visual or electromagnetic system that work on a “line-of-sight” principle.

27. “Telecommunication tower” is a monopole, lattice tower, free standing tower or other structures designed to support antennas.

28. “Visual impact” means the placement or design of an antenna or the associated equipment and/or buildings such that they are not screened or shielded or are plainly visible and are likely to be noticeable or otherwise conspicuous.

29. Whip antenna. See “Omni-directional antenna.”

30. “Wireless telecommunications facility” is a land use facility that sends and/or receives radio frequency signals. Wireless telecommunications facilities include antennas and all other types of equipment for the transmission or receipt of such signals; telecommunication towers or similar structures built to support such equipment; equipment cabinets, base transceiver stations, and other accessory development. Also referred to as a telecommunication facility.

31. “Wireless telecommunications provider” is any company or organization that provides or who represents a company or organization that provides wireless telecommunications services.

Section 2. Section 24.12.1410 (Applicability) of Title 24 of the Santa Cruz Municipal Code (Zoning Ordinance) is hereby amended to read as follows:

24.12.1410 APPLICABILITY.

A. These regulations shall apply to all property owned by private persons, firms, corporations or organizations, and property owned by the city, and property owned by any agencies of the city, or by any local, state, or federal government agency or political subdivision thereof required to comply with local government regulations or by written agreement.

B. These regulations (Chapter 24.12, Part 15) shall not apply to the following facilities:

1. Amateur radio facilities as provided in 47 Code of Federal Regulations Part 97.

24.4 ORDINANCE NO. 2022-07
5 2. Over the Air Receptions Devices (OTARDs) as defined and further provided in 47 Code of Federal Regulations Section 1.4000 et seq.

3. Wireless telecommunication facilities used solely for public safety purposes, installed and operated by authorized public safety agencies (e.g. county 911 emergency services, police, sheriff, fire departments, first responder medical services, hospitals, etc.) and incorporating stealth technologies.

4. Small Cell Facilities located in the public right-of-way outside the coastal zone, which are subject to the requirements of Chapter 15.38 of the Municipal Code.

5. Any other antennas and wireless communications facilities identified by the FCC or the CPUC as exempt from local regulations.

Section 3. Section 24.12.1415 (Permit Requirements and Findings) of Title 24 of the Santa Cruz Municipal Code (Zoning Ordinance) is hereby amended to read as follows:

24.12.1415 PERMIT REQUIREMENTS AND FINDINGS.

A. Unless a coastal exclusion or exemption as defined in Sections 24.08.230 through 24.08.230.2 applies, and in addition to any other required permit or authorization, a coastal permit shall be required for all wireless telecommunication facilities located within the coastal zone, as follows:

1. For all wireless telecommunication facilities other than Small Cell Facilities located in the public right-of-way as specified in subsection 2 below, the coastal permit shall be governed by the findings and standards in the Local Coastal Program (LCP), including, but not limited to Chapter 24.08 Part 3, as well as the standards and findings specified herein at Chapter 24.12 Part 15.

2. For Small Cell Facilities in the public right-of-way, the coastal permit shall be governed by the findings and standards in the LCP, including, but not limited to 24.08.200 et seq, as well as the standards and findings specified herein at 24.12.1425 and 24.12.1434.

City approval of the coastal permit may be appealed directly to the California Coastal Commission (as further provided in Section 24.04.186).

In case of conflict between the coastal permit and any other permit or authorization, the requirements of the coastal permit shall prevail.

B. Any proposed facade-mounted or roof-mounted wireless telecommunications facility (other than Small Cell Facilities located in the public right-of-way, which are covered by Sections

24.12.1425 and 24.12.1434) that is determined by the zoning administrator to be consistent with all of the requirements of this Part 15, and that incorporates stealth technologies and/or is

24.5 ORDINANCE NO. 2022-07
6 not visible from public areas, shall require a design permit from the zoning administrator based on the following findings:

1. The wireless telecommunications facility has demonstrated consistency with Sections 24.12.1430 and 24.12.1435 (as applicable).

2. The wireless telecommunications facility has been located and designed so as to be compatible with the purpose of Chapter 24.12 Part 15 and the goals and objectives of the General Plan and the Local Coastal Program (if applicable).

3. The wireless telecommunications facility is in compliance with all FCC and California PUC standards and requirements and with all other applicable requirements of Chapter 24.12 Part 15.

C. Small Cell Facilities located in the public right-of-way within the coastal zone are exempt from the requirements of Sections 24.12.1415 (B) and 24.12.1415 (D) regarding design permit and administrative use permit requirements. Instead, such Small Cell Facilities shall require, in addition to a coastal permit as specified in 24.12.1415(A)(2), the following:

1. A small cell wireless facilities permit in compliance with Chapter 15.38 and the city’s Small Cell Aesthetic/Design Standards;

2. A master license agreement, in a form approved by the city attorney for the use of a city pole in a specified license area, and shall pay a license fee subject to the city’s fee schedule, if any Small Cell Facilities are proposed to be installed on a city pole controlled by the city and located within the public right-of-way. Any applicant seeking a master license agreement shall pay a master license agreement administrative fee subject to the city’s fee schedule to reimburse the city for reasonable costs in connection with its preparation, review of, and action upon the request for such an agreement. The absence of a city-approved master license agreement shall be an independently sufficient basis to deny any application for a Small Cell Facility on such a city pole.

D. All wireless telecommunications facilities that do not meet the criteria defined in subsections (B) or (C) above, shall require an administrative use permit with a public hearing before the zoning administrator, in addition to a design permit with the required findings provided in subsection (B) above.

E. In approving an application, the city may impose such conditions as it deems appropriate or necessary to further the purposes of this chapter, including, but not limited to, requiring the redesign or relocation of the facility. Alternatively, the city may direct the applicant to resubmit a revised proposal for further consideration.

F. Minor modifications to wireless telecommunications facility equipment design, location, height, and other elements may be allowed, subject to the approval of the zoning administrator,

24.6 ORDINANCE NO. 2022-07
7 if such modifications are in keeping with the architectural statement and layout design of the original approval, and meet the requirements of this chapter.

Section 4. Section 24.12.1425 (Location Standards) of Title 24 of the Santa Cruz Municipal Code (Zoning Ordinance) is hereby amended to read as follows:

24.12.1425 LOCATION STANDARDS.

A. Prohibited Zoning Districts. Wireless telecommunications facilities shall not be allowed in the zoning districts listed below, except as set forth in 24.12.1425(B). This prohibition shall also not apply to Small Cell Facilities in the public right-of-way.

1. Single-Family Residence (RS, R-1).

2. Multiple-Family Residence (RL, RM, RH).

3. Beach Residential (RT(A), RT(D), RT(E)).

4. Ocean Front Recreational (OFR).

5. Flood Plain (FP).

6. Agriculture (EA-20).

B. Wireless telecommunications facilities may be sited in the prohibited zoning districts described above in Section 24.12.1425 (A) with an administrative use permit, in addition to any other required permits; provided, that the applicant can demonstrate to the zoning administrator that:

1. The proposed wireless telecommunications facility would eliminate or substantially reduce one or more significant gaps in the applicant carrier’s network; and

2. There are no viable, feasible, and environmentally (e.g., visually) equivalent or superior potential alternatives (i.e., sites/facility types) outside the prohibited zoning districts that could eliminate or substantially reduce said significant gap(s).

C. Location preference for all wireless telecommunications facilities should be given to the following locations:

1. Locations that do not adversely impact significant public views (e.g., of the beach, shorline, ocean, natural areas, etc.).

2. Industrial or commercial sites.

3. Facilities attached or sited adjacent to existing structures. Appropriate types of existing structures may include, but not be limited to buildings, traffic signals, flagpoles, signs and sign standards.

24.7 ORDINANCE NO. 2022-07
8 4. Sites which are not highly visible from adjacent roadways, public areas, parks, schools, greenbelts or other visually sensitive areas, as determined by the zoning administrator.

5. Sites outside the coastal zone, and particularly sites located within the Coastal Zone Overlay zone district (as defined in Chapter 24.10 Part 26) where city decisions can be appealed.

D. When feasible and in conformance with other provisions of this chapter, wireless telecommunications providers shall be encouraged to locate their wireless telecommunications facilities on publicly owned or controlled property.

E. Wireless telecommunications facilities are prohibited in all natural areas designated in the General Plan or LCP.

F. To the maximum extent feasible, wireless telecommunication facilities are prohibited within one thousand feet of any public elementary school or daycare facility.

G. Additional Site Location Standards for Small Cell Facilities in the public right-of-way and in the coastal zone. In addition to the requirements listed above, the following location standards shall also apply to Small Cell Facilities located in the public right-of-way and within the coastal zone:

1. Site locations shall be selected in the following order of preference:
a. Area not visible to the public or area that does not significantly impair public views (such as in alleys, on rooftops, near property corners or side property lines, or in inconspicuous areas);
b. Attached or sited adjacent to existing structures. Appropriate types of existing structures may include, but not be limited to telephone/utility poles and nondecorative light standards; c. Area not requiring the removal of existing infrastructure, parkway trees or reductions of the parkway landscape planters;
d. Within the public parkway landscaping and requiring only minor alterations to the existing parkway landscaping (including planter size) and/or infrastructure; e. Within the public right-of-way in a manner that requires significant but feasible alteration to the existing public improvements and/or infrastructure.

2. To the maximum extent feasible, the following site locations shall be prohibited:
a. Facility site locations that lead to removal of any existing public parking areas.

24.8 ORDINANCE NO. 2022-07
9 b. Facility site locations directly in front of residences and businesses. c. Facilities with components located within driveway and intersection sight lines. d. Site locations in Residential and Commercial Zoning Districts that are within 1500 feet of another Small Cell Facility and any associated equipment; provided, however, that this restriction may be waived by the zoning administrator upon a demonstration that the refusal to allow an additional facility within a 1500-foot radius will otherwise violate an applicable state or federal law. e. Facilities on strand or overhead lines.
f. Facility site locations that will negatively impact public recreation and access, or damage a known or sensitive archeological site.
g. Site locations that adversely impact significant public views (e.g., of the beach, shorline, ocean, natural areas, etc.), including those locations identified in Map CD3 of the Local Coastal Program.

Section 5. Section 24.12.1434 (Requirements For Small Cell Facilities in the Coastal Zone) of Title 24 of the Santa Cruz Municipal Code (Zoning Ordinance) is hereby added as follows:

24.12.1434 REQUIREMENTS FOR SMALL CELL FACILITIES IN THE PUBLIC RIGHTOF-WAY AND WITHIN THE COASTAL ZONE.

Small Cell Facilities located in the public right- of-way and which require a coastal permit shall comply with the following standards and requirements:

A. Pole Type Preferences. Facilities on poles shall be sited in the following order of preference:

1. On an existing or replacement street light pole;

2. On an existing or replacement structure other than a street light pole or utility pole;

3. On an existing or replacement utility pole.

B. Equipment preferences. Equipment (including, but not limited to, radio units, power supplies, voltage converters, electrical service connections, shut off switches and electric meters) shall be sited in the following order of preference:

1. Within a below-grade equipment vault;

2. In an at grade equipment cabinet provided the size of the cabinet is minimized to the maximum extent feasible; At grade equipment cabinets shall participate in the Traffic

24.9 ORDINANCE NO. 2022-07
10 Graphics program or pay an in lieu fee depending on the location (i.e. commercial or residential areas) at the discretion of the decision making body.

3. Enclosed at the base of the pole on which the antenna is mounted provided the size of the base of the pole is minimized to the maximum extent feasible;

4. Equipment boxes using stealth techniques mounted on a utility pole, provided the size of the boxes is minimized to the maximum extent feasible.

C. Visual, Public Access, and Archealogical Impact Avoidance. To the maximum extent feasible, such facilities shall be sited and designed in a manner that avoids overall visibility, and eliminates or substantially reduces their visual and aesthetic impact upon the surrounding public right-of-way, archeologic resources, public views and public access. Measures to achieve this objective may include, but are not limited to the following:

1. The number of antennas on each site shall be minimized to the maximum extent feasible with the goal of minimizing adverse visual impacts.

2. To the maximum extent feasible, the antenna size, cabinet equipment and other facilities shall minimize visual clutter.

3. The project shall use the smallest and least visible antennas feasible to accomplish the coverage objectives. Facilties that are proposed for locations where they would be readily visible from the public right-of-way or from the habitable living areas of residential units within 100 feet shall incorporate appropriate techniques to camouflage or disguise the facility, and/or blend it into the surrounding environment, to the maximum extent feasible.

4. To the maximum extent feasible, facilities shall not be designed in such a manner that will negatively impact public recreation and access, or damage a known or sensitive archeological site.

5. Applicants are encouraged to consider providing architectural treatments and to use “stealth techniques” to reduce potential visual impacts of the facilities to the maximum extent feasible. Stealth techniques are especially encouraged in areas easily visible from a major traffic corridor or commercial center or in residential areas. Stealth techniques may be required as conditions of approval for a coastal permit when determined to be necessary to mitigate adverse visual impacts.

D. Design Standards:

1. Any pole to be installed in the public right-of-way shall be disguised to resemble a utility pole to the maximum extent feasible. Facility’s antennas shall not exceed a diameter of 15 inches. All antennas and screening devices shall be painted or finished to match the pole. All pole or equipment shall be painted or otherwise coated to be

24.10 ORDINANCE NO. 2022-07
11 visually compatible with existing poles and equipment. Facilities shall be placed on the same vertical axis as the center of the pole.

2. Small Cell Facility installations on existing city infrastructure shall be placed in a manner so that the size, appearance and function of the final installation is essentially identical to the installation prior to the antenna installation taking place.

3. Small Cell Facility installations shall not be located on decorative street light poles.

4. Small Cell Facility equipment located above the surface grade in the public right-ofway including, but not limited to those on certain street lights, shall consist of small equipment components that are compatible in structure, scale, function and proportion to the poles they are mounted on. Equipment shall be painted or otherwise coated to be visually compatible with the subject pole (may include public art). Underground vaults shall employ flush-to-grade access portals and vents that are heel shoe safe and slip safe; provided, however, that this restriction shall not apply in flood prone areas.

5. All cables and conduits shall be routed through the interior of the subject pole to be screened from public view; provided, however, that for wood poles, all cables shall be contained within conduit, and conduits shall be mounted and routed in a manner calculated to minimize their visibility to the maximum extent feasible.

6. All base-mounted accessory equipment must be installed within a shroud, enclosure or pedestal integrated into the base of the support structure. All cables, wires and other connectors routed between the antenna and base-mounted equipment shall be concealed from public view.

7. Small Cell Facilities may not encroach onto or over any private or other property outside the public right-of-way without the property owner’s express written consent.

8. To reduce clutter and deter vandalism, excess fiber optic or coaxial cables shall not be spooled, coiled or otherwise stored on the pole outside equipment cabinets or shrouds.

E. Noise Standards. Facilities and all accessory equipment and transmission equipment shall comply with all applicable noise control standards and regulations in the LCP and shall be operated in such a manner as to minimize the amount of noise impacts to adjacent uses and activities to the maximum extent feasible. To the maximum extent feasible fans shall not be used. If not feasible, noise attenuation measures shall be required for all fans. Backup generators shall only be operated during power outages and for testing and maintenance purposes. At any time, noise attenuation measures may be required by the zoning administrator when deemed necessary.

1. Testing and maintenance activities of Small Cell Facilities which generate audible noise shall occur between the hours of 8:00 a.m. and 5:00 p.m., weekdays (Monday through Friday, non-holiday) excluding emergency repairs, unless allowed at other times by the

24.11 ORDINANCE NO. 2022-07
12 zoning administrator. Testing and maintenance activities, which do not generate audible noise, may occur at any time, unless otherwise prohibited by the zoning administrator.

F. Lighting Standards. Small Cell Facilities shall not include any lights that would be visible from publicly accessible areas except for during night maintenance checks or emergencies, and except as may be required under Federal Aviation Administration, FCC, or other applicable regulations for health and safety. Facility lighting shall be designed so as to meet but not exceed minimum requirements for security and safety. All Small Cell Facilities and equipment (such as indicator or status lights) must be installed in locations and within enclosures that mitigate illumination impacts visible from publicly accessible areas, and shall avoid glare and illumination of adjacent properties to the maximum extent feasible. The provisions in this subsection shall not be interpreted or applied to prohibit installations on streetlights or luminaires installed on new or replacement poles as may be required by the city.

G. Signage. Small Cell Facilities must include signage that accurately identifies the site owner/operator, the owner/operator’s site name or identification number and a toll-free number to the owner/operator’s network operations center. Small Cell Facilities shall also include signage for hazardous or toxic materials warning where applicable. Small Cell Facilities may not bear any advertisements, identifying logos, or any other signage unless expressly approved by the city, required by law or recommended under FCC, OSHA or other United States governmental agencies for compliance with RF emissions regulations. To the maximum extent feasible, signs shall be above eye level and hidden from public view with background matching the color of equipment unless otherwise required by the FCC or other regulatory agencies. All signs shall be legible from a distance of at least ten feet from the Small Cell Facility. No sign shall be greater than two square feet in size. The design, materials, colors and location of any signage shall be subject to zoning administrator’s review and approval.

H. Maintenance and Repair.

1. Small Cell Facilities, including, but not limited to, antennas, towers, equipment, cabinets, structures, accessory structures, and signs shall be maintained by the wireless telecommunication provider in good condition and in their approved and/or required state. This shall include keeping all facilities graffiti-free and maintaining security walls/fences in good condition. All graffiti must be removed as soon as practicable, and in no instance more than seventy-two hours from the time of notification by the city.

2. Any landscaping associated with or required in connection with the permitting of the Small Cell Facility, including landscaping of the public right-of-way, shall be maintained in good, healthy condition at all times. Any dead or dying landscaping shall be promptly replaced or rehabilitated by the wireless telecommunications provider.

3. The applicant or successor in interest shall repair, at its sole cost and expense, any damage (including, but not limited to subsidence, cracking, erosion, collapse, weakening, or loss of lateral support) to public utilities, infrastructure, and property, incluidng city streets, sidewalks, walks, curbs, gutters, trees, parkways, or utility lines and systems, underground utility line and systems, or sewer systems or sewer lines that

24.12 ORDINANCE NO. 2022-07
13 results from any activities performed in connection with the installation and/or maintenance of a Small Cell Facility by applicant or successor in interest. In the event the applicant or successor in interest fails to complete said repair within the number of days stated on a written notice by the city, the city shall cause said repair to be completed and shall invoice the applicant or successor in interest for all costs incurred by city as a result of such repair.

4. All sidewalk panels affected by any work associated with the installation of a Small Cell Facility shall be restored to their original condition.

5. Structural foundations must be removed when removing structures from the right-ofway.

I. Security and Safety.

1. Facilities shall be designed to be resistant to and minimize opportunities for unauthorized access, climbing, vandalism, graffiti, and other conditions that would result in hazardous conditions, visual blight, or attractive nuisances. Facilities may incorporate reasonable and appropriate site security measures, such as locks and anticlimbing devices. No barbed wire, razor ribbon, electrified fences or any similarly dangerous security measures shall be permitted. All exterior surfaces on Small Cell Facilities shall be constructed from or coated with graffiti-resistant materials.

2. Small Cell Facilities shall be reviewed by an electrical engineer licensed by the state according to the following guidelines:
a. Within forty-five days of initial operation or modification of a Small Cell Facility, the wireless telecommunications provider shall submit to the zoning administrator a written certification by an electrical engineer licensed by the state that the wireless telecommunications facility, including the actual radio frequency radiation of the facility, is in compliance with the application submitted, any conditions imposed, and all other provisions of this chapter in order to continue operations past the fortyfive day period. At the wireless telecommunications provider’s expense, the zoning administrator may employ on behalf of the city an independent technical expert to confirm and periodically reconfirm compliance with the provisions of this chapter. b. All Small Cell Facilities shall demonstrate continued compliance with all radio frequency standards adopted by the Federal Communications Commission (FCC).

The wireless telecommunications provider shall hire a professional engineer registered in the State of California, and approved by the zoning administrator to measure the actual radio frequency radiation of the approved facility and determine if it meets the FCC’s standards. A report of all calculations, required measurements, and the engineer’s findings with respect to compliance with the FCC standards shall be submitted to the zoning administrator every three years thereafter. In the case of a change in standards, the required report shall be submitted within ninety days of the date the said change becomes effective. In order to assure the objectivity of the

24.13 ORDINANCE NO. 2022-07
14 analysis, the city may require, at the wireless telecommunications provider’s expense, independent verification of the results of any analysis. If a wireless telecommunications provider fails to supply the required reports or remains in continued noncompliance with the FCC standard, the zoning administrator may schedule a public hearing to consider revocation of the permit in accordance with Section 24.04.225.

J. Natural Disaster. Small Cell Facilities providing service to the government or general public shall be designed to survive a natural disaster without interruption in operation. To this end, the following measures shall be implemented:

1. Openings in all above ground equipment shelters and cabinetsshall be protected against penetration by fire and windblown embers.

2. The material used as supports for the antennas shall be fire resistant, termite proof, and subject to all the requirements of the Uniform Building Code.

3. Small Cell Facilities shall be designed to withstand the forces expected during an earthquake in a manner subject to the requirements of the Uniform Building Code. All equipment mounting racks and attached equipment shall be anchored in such a manner that such a quake will not tip them over, throw the equipment off its shelves, or otherwise act to damage it.

4. All connections between various components of the Small Cell Facility and with necessary power and telephone lines shall be protected against damage by fire, flooding and earthquake.

5. Measures shall be taken to keep Small Cell Facilities in operation in the event of a disaster.

6. An electrical permit from the Planning and Community Development Department shall be required for the electric service associated with construction, installation, repair or alteration of all support structures for Small Cell Facilities.

K. Cessation, Abandonment, or Revocation. Upon 6 months after the cessation or abandonment of the use of a Small Cell Facility under this Section for any reason, or revocation of any applicable permits, the wireless telecommunications provider shall restore the site to its original pre-construction condition to the satisfaction of the city and comply with any notice or other requirements provided in Section 24.12.1435 (J).

L. Transfer of Ownership. In the event that the original permittee sells its interest in or transfers ownership of a Small Cell Facility under this Section, the succeeding carrier shall provide proof of obtaining all required approvals to operate the Small Cell Facility satisfactory to the cty, shall assume all responsibilities concerning the facility, and shall be held responsible to the city for maintaining consistency with all project conditions of approval, including proof of liability insurance. A new contact name for the project shall be provided by the succeeding

24.14 ORDINANCE NO. 2022-07
15 carrier to the planning and community development department within thirty (30) days of transfer of interest of the facility. Any required signs by the city shall be updated within thirty (30) days to reflect the name and phone number of the new wireless telecommunication provider. The colors, materials and design of the updated signs shall match those of the required and approved signs.

M. Compliance with Applicable Laws.

1. The applicant or successor in interest shall install and maintain permitted Small Cell Facilities in compliance with the requirements of the Uniform Building, National Electrical Code, and any and all applicable federal and state laws, codes, and regulations.

2. The applicant or successor in interest shall also install and maintain permitted Small Cell Facilities in compliance with any applicable city noise standards, the city’s Small Cell Aesthetic/Design Standards, and all other applicable local codes, laws, and regulations, except to the extent that such standards conflict with those specified herein, in which case this section shall apply.

3. Americans with Disabilities Act. All Small Cell Facilities and their locations shall comply with the Americans with Disabilities Act.

Section 6. Section 24.12.1435 (General Requirements) of Title 24 of the Santa Cruz Municipal Code (Zoning Ordinance) is hereby amended to read as follows:

24.12.1435 GENERAL REQUIREMENTS.

The following requirements are applicable to all wireless telecommunications facilities, except for Small Cell Facilities in the public right-of-way and within the coastal zone, and except for exempt facilities described in Section 24.12.1410:

A. Visual Effect. All proposed wireless telecommunications facilities shall be located so as to minimize their visual impact to the maximum extent feasible. Measures to achieve this objective may include but are not limited to the following:

1. The applicant shall use the smallest and least visible antennas feasible to accomplish the owners/operator’s coverage objectives. All wireless telecommunications facilities proposed for locations where they would be readily visible from the public right-ofway or from the habitable living areas of residential units within 100 feet shall incorporate appropriate techniques to camouflage or disguise the facility, and/or blend it into the surrounding environment, to the maximum extent feasible.

2. Facilities shall be compatible in scale and integrated architecturally with the design of surrounding buildings or the natural setting. Wireless telecommunications facilities shall not be located on city, state or federal registered historic buildings. When

24.15 ORDINANCE NO. 2022-07
16 proposed within a designated historic district wireless telecommunications facilities shall be limited to facade-mounted facilities only and integrated architecturally with the style and character of the structure and the district or otherwise made unobtrusive.

No wireless telecommunications facility shall be sited such that its design and/or construction will damage a known or sensitive archeological site.

3. Whenever possible, base transceiver stations, equipment cabinets and buildings, backup generators, and other equipment associated with building-mounted antennas should be installed within the existing building envelope. If this is not feasible, the equipment shall be low profile, screened, fenced, landscaped, painted, or otherwise treated architecturally to minimize its appearance from off-site locations and to visually blend with the surrounding natural and built environment. Equipment buildings should be designed in an architectural style and constructed of exterior building materials that are consistent with surrounding development and/or land use setting (if applicable) and should be a visually pleasing feature.

4. All ground-mounted base transceiver stations, equipment cabinets, and utility panels for telecommunications facilities shall be limited to a maximum height of ten feet above grade unless other techniques are adopted to ensure minimal visual impact. Base transceiver stations, equipment cabinets, and utility panels that are taller may be partially buried underground or installed by use of another technique to maintain the ten foot height limit. Greater height may be granted upon a finding that it is not possible to meet the height limitation and that adequate screening of the equipment is provided.

5. No advertising signage or identifying logos shall be displayed on wireless telecommunication facilities, except for small identification plates used for emergency notification or hazardous or toxic materials warning.

6. Applicants are encouraged to consider providing architectural treatments and to use “stealth techniques” to reduce potential visual impacts for all telecommunication facilities. Stealth techniques are especially encouraged in areas easily visible from a major traffic corridor or commercial center or in residential areas. Stealth techniques may be required as Conditions of Approval when determined to be necessary to mitigate adverse visual impacts.

7. All facilities shall be designed to be resistant to and minimize opportunities for unauthorized access, climbing, vandalism, graffiti, and other conditions that would result in hazardous conditions, visual blight, or attractive nuisances. The zoning administrator may require the provision of warning signs, fencing, anti-climbing devices, or other techniques to prevent unauthorized access and vandalism when, because of their location and/or accessibility, antenna facilities have the potential to become an attractive nuisance. The design of the fencing and other access control devices shall be subject to review. The use of chain-link fencing is discouraged and the use of razor wire is prohibited.

24.16 ORDINANCE NO. 2022-07
17 B. Landscaping. Landscaping may be required to visually screen wireless telecommunications facilities from adjacent properties or public view and/or to provide a backdrop to camouflage the facilities. All proposed landscaping is subject to the zoning administrator’s review and approval. Landscaping guidelines include but are not limited to the following:

1. To the extent feasible, existing on-site vegetation shall be preserved or improved, and disturbance of the existing topography shall be minimized. Additional trees and other vegetation shall be planted and maintained around the facility, in the vicinity of the project site, and along access roads in appropriate situations where such vegetation is deemed necessary to provide screening of wireless communications facilities and related access roads.

2. All trees used in landscaping shall be a minimum of fifteen gallons in size and all shrubs in a minimum of five gallons, unless otherwise approved.

3. Existing trees and other screening vegetation in the vicinity of the proposed facility and associated access-ways shall be protected from damage both during and after construction.

4. The applicant shall enter into a landscape performance and maintenance agreement with the city to ensure the installation and establishment of required landscaping. This agreement shall be secured by financial guarantees acceptable to the zoning administrator in an amount equal to 150 percent of the estimated cost of materials and labor for required improvements. The duration of the landscape maintenance agreement shall be for the length of the permit.

5. All landscape design shall meet the water efficiency landscaping requirements of the Municipal Code, including installing or upgrading existing irrigation systems if necessary.

C. Access Roads. All wireless telecommunications facilities shall use existing access roads, where available. Unless visual impacts can be adequately mitigated, no new access roads shall be allowed with any proposed wireless telecommunications facility.

D. Setbacks. Wireless telecommunication facilities shall comply with all applicable setback regulations of the zoning district in which they are situated.

1. All setbacks shall be measured from the furthest extent of a wireless telecommunications facility to the closest applicable property line or structure, with the exception of equipment shelters.

2. Ground mounted or freestanding monopole facilities shall be setback at a distance not less than the height of the structure from any residentially zoned land.

24.17 ORDINANCE NO. 2022-07
18 3. Equipment shelters shall be measured from the outside wall of the shelter to the closest applicable property line or structure. Underground equipment shelters or cabinets may adjoin property lines, if approved by the building official.

E. Number of Antennas and Facilities Permitted. The number of antennas allowed per site shall be determined on a case-by-case basis by the zoning administrator with the goal of minimizing adverse visual impacts.

F. Noise. All wireless telecommunications facilities shall be constructed and operated in such a manner as to minimize the amount of noise impacts to adjacent uses and activities. Noise attenuation measures shall be required for all air-conditioning units. Backup generators shall only be operated during power outages and for testing and maintenance purposes. At any time, noise attenuation measures may be required by the zoning administrator when deemed necessary.

1. Testing and maintenance activities of wireless telecommunications facilities which generate audible noise shall occur between the hours of 8:00 a.m. and 5:00 p.m., weekdays (Monday through Friday, non-holiday) excluding emergency repairs, unless allowed at other times by the zoning administrator. Testing and maintenance activities, which do not generate audible noise, may occur at any time, unless otherwise prohibited by the zoning administrator.

G. Interference. All wireless telecommunications facilities shall be operated in a manner, which complies with the Federal Communication Commission’s regulations regarding signal interference.

H. Maintenance and Safety. All wireless telecommunications providers shall provide signage, as required by the zoning administrator, which shall identify the name and phone number of the wireless telecommunications provider for use in case of an emergency.

1. The design, materials, colors and location of the identification signs shall be subject to zoning administrator’s review and approval. All signs shall be legible from a distance of at least ten feet from the wireless telecommunications facility. No sign shall be greater than two square feet in size.

2. If at any time a new wireless telecommunications provider takes over operation of an existing wireless telecommunications facility, the new wireless telecommunications provider shall notify the planning and community development department of the change in operation within thirty days and the required and approved signs shall be updated within thirty days to reflect the name and phone number of the new wireless telecommunication provider. The colors, materials and design of the updated signs shall match those of the required and approved signs.

3. All wireless telecommunications facilities, including, but not limited to, antennas, towers, equipment, cabinets, structures, accessory structures, and signs shall be maintained by the wireless telecommunication provider in good condition. This shall

24.18 ORDINANCE NO. 2022-07
19 include keeping all wireless telecommunications facilities graffiti-free and maintaining security walls/fences in good condition. All graffiti must be removed as soon as practicable, and in no instance more than seventy-two hours from the time of notification by the city.

4. All wireless telecommunications facilities shall be reviewed by an electrical engineer licensed by the state according to the following guidelines:
a. Within forty-five days of initial operation or modification of a wireless telecommunications facility, the wireless telecommunications provider shall submit to the zoning administrator a written certification by an electrical engineer licensed by the state that the wireless telecommunications facility, including the actual radio frequency radiation of the facility, is in compliance with the application submitted, any conditions imposed, and all other provisions of this chapter in order to continue operations past the forty-five day period. At the wireless telecommunications provider’s expense, the zoning administrator may employ on behalf of the city an independent technical expert to confirm and periodically reconfirm compliance with the provisions of this chapter.
b. Every wireless telecommunications facility shall demonstrate continued compliance with all radio frequency standards adopted by the Federal Communications Commission. The wireless telecommunications provider shall hire a professional engineer registered in the State of California, and approved by the zoning administrator to measure the actual radio frequency radiation of the approved facility and determine if it meets the Federal Communications Commission’s standards. A report of all calculations, required measurements, and the engineer’s findings with respect to compliance with the Federal Communications Commission standards shall be submitted to the zoning administrator every three years thereafter. In the case of a change in standards, the required report shall be submitted within ninety days of the date the said change becomes effective. In order to assure the objectivity of the analysis, the city may require, at the wireless telecommunications provider’s expense, independent verification of the results of any analysis. If a wireless telecommunications provider fails to supply the required reports or remains in continued noncompliance with the Federal Communications Commission standard, the zoning administrator may schedule a public hearing to consider revocation of the permit. After conducting the hearing, if the hearing body determines that the wireless telecommunications provider has failed to supply the required reports or remains in continued noncompliance, the hearing body may modify or revoke all approvals.

I. Natural Disaster. All wireless telecommunications facilities providing service to the government or general public shall be designed to survive a natural disaster without interruption in operation. To this end, the following measures shall be implemented:

1. Nonflammable exterior wall and roof covering shall be used in the construction of all above ground equipment shelters and cabinets.

24.19 ORDINANCE NO. 2022-07
20 2. Openings in all above ground equipment shelters and cabinets shall be protected against penetration by fire and windblown embers.

3. The material used as supports for the antennas shall be fire resistant, termite proof, and subject to all the requirements of the Uniform Building Code.

4. Wireless telecommunications facility towers shall be designed to withstand the forces expected during an earthquake in a manner subject to the requirements of the Uniform Building Code. All equipment mounting racks and attached equipment shall be anchored in such a manner that such a quake will not tip them over, throw the equipment off its shelves, or otherwise act to damage it.

5. All connections between various components of the wireless telecommunications facility and with necessary power and telephone lines shall be protected against damage by fire, flooding and earthquake.

6. Measures shall be taken to keep wireless telecommunications facilities in operation in the event of a disaster.

7. All equipment shelters and wireless telecommunications facility towers shall be reviewed and approved by the city fire department.

8. A building permit shall be required for the construction, installation, repair or alteration of all support structures for wireless telecommunications facilities equipment. Wireless telecommunications facilities must be stable and must comply with the Uniform Building Code and any conditions imposed as a condition of issuing a building permit.

9. All reports, certifications and verifications required to be prepared and maintained by this section shall at all times be readily available for public examination and review. To this end, upon the request of any person to the city or any wireless telecommunications provider, the city or provider shall promptly make any such report, certification or verification available for review and/or copying. Reasonable copying cost reimbursement may be required. In addition, the wireless telecommunications provider shall post all current reports, certifications and verifications at the site of the wireless telecommunications facility to which they pertain.

J. Cessation of Operation On-Site.

1. Wireless telecommunications providers shall provide the city with a notice of intent to vacate a site a minimum of thirty days prior to the vacation.

2. A new permit shall be required if a site is to be used again for the same purpose as permitted under the original permit if a consecutive period of six months have lapsed since cessation of operations.

24.20 ORDINANCE NO. 2022-07
21 3. All equipment associated with a wireless telecommunications facility shall be removed by the property owner after cessation of the said use for more than six consecutive months, and the site shall be restored to its original pre-construction condition. An exception to this subsection may be made by the zoning administrator for an one extension of up to twelve months if the property owner continues to make a good faith attempt to sell or lease the property as a wireless telecommunications facility site, as certified by a licensed real estate broker who is under contract with a right to sell or lease the property.

4. Any wireless telecommunications provider that is buying, leasing, or is considering a transfer of ownership of an already approved facility shall submit a letter of notification of intent to the zoning administrator.

K. Transfer of Ownership. In the event that the original permittee sells its interest in a wireless telecommunications facility, the succeeding carrier shall assume all responsibilities concerning the project and shall be held responsible to the city for maintaining consistency with all project conditions of approval, including proof of liability insurance. A new contact name for the project shall be provided by the succeeding carrier to the planning and community development department within thirty days of transfer of interest of the facility.

L. Co-location. Where technically, legally, and fiscally feasible, co-location of new wireless telecommunications facilities onto existing telecommunications ground-mounted and freestanding monopole towers shall be required. Co-location may require that height extensions be made to existing towers or wireless telecommunications facilities to accommodate additional users, or may involve constructing new multi-user facilities that replace existing single-user capacity towers.

M. Lighting. The use of exterior lighting shall be manually operated and used only during night maintenance checks and emergencies unless specifically required by the Federal Aviation Administration or other governmental agencies. Facility lighting shall be designed so as to meet but not exceed minimum requirements for security and safety and in all instances be designed so as to avoid glare and illumination of adjacent properties.

Section 7. Section 24.04.130 (Decision-Making Body with Final Authority on Application Approval) of Title 24 of the Santa Cruz Municipal Code (Zoning Ordinance) is hereby amended to read as follows:

24.04.130 DECISION-MAKING BODY WITH FINAL AUTHORITY ON APPLICATION APPROVAL.

The following table indicates the decision-making body who can approve, deny or conditionally approve an application, whether or not a public hearing is required, and the bodies to which appeals can be made:

24.21 ORDINANCE NO. 2022-07
22 1. The planning commission and city council may refer certain aspects of any application to the zoning administrator for final action.

2. The zoning administrator may refer any of the matters on which he/she is authorized to act to the planning commission or historic preservation commission.

3. Recommendations for approval on General Plan matters and zoning ordinance text and map amendments shall require a majority vote of the planning commission; all other actions shall require a majority of the hearing body present at the meeting.

Permits/Actions****
Public Hearing Requirement and Decision-Making Body
Which Can Approve an Application
No
Public
Hearing
Public Hearing Appeal Bodies
(in order)
Action Recommendation Action
Coastal Permit ZA
(ADU*)
ZA* CPC/CC/CCC*
Administrative Use Permit:

Large family daycare homes,
temporary uses, and half baths
in accessory buildings

ZA CPC/CC
Administrative Use Permit:

Variations to parking design
requirements or variations to
number of required spaces

ZA CPC/CC/CCC
Other uses as listed by
individual zoning districts as
requiring an Administrative Use
Permit

ZA CPC/CC
Conditional Fence Permit ZA ZA CPC/CC
Slope Regulations
Modifications (Variance)
CPC CC
Slope Regulations
Modifications (Design Permit)

ZA CPC/CC
Design Permit ZA CPC/CC
Substandard lots: New two-story
structures and second-story
additions, including ADUs

ZA CPC/CC
Large homes per
Section 24.08.450

ZA CPC/CC

24.22 ORDINANCE NO. 2022-07
23 Permits/Actions****
Public Hearing Requirement and Decision-Making Body
Which Can Approve an Application
No
Public
Hearing
Public Hearing Appeal Bodies
(in order)
Action Recommendation Action
Wireless telecommunications
facilities
ZA* ZA CPC/CC
New structures or improvements
to existing structures in the
WCD Overlay which are
exempt or excluded from coastal
permit requirements

ZA CPC/CC
New structures or improvements
to existing structures in the
WCD Overlay which require a
coastal permit

ZA CPC/CC
Demolition Permit

1. Single-family residential ZA CPC/CC

2. Multifamily residential CPC CC

3. Historic demolition permit HPC CC

4. Nonresidential ZA** ZA** CPC/CC
General Plan Text and Map
Amendments
CPC CC/CCC***
Historic Alteration Permit HPC CC
Administrative Historic
Alteration Permit

ZA HPC/CC
Historic Building Survey:

Building designation, deletion HPC CC
Historic District Designation HPC/CPC CC
Historic Landmark Designation HPC CC
Mobile Homes (Certificate of
Compatibility)

ZA CPC/CC
Mobile Home Park Conversion CPC CC
Outdoor Extension Areas per
Section 24.12.192

ZA CPC/CC
Planned Development Permit CPC CC

24.23 ORDINANCE NO. 2022-07
24 Permits/Actions****
Public Hearing Requirement and Decision-Making Body
Which Can Approve an Application
No
Public
Hearing
Public Hearing Appeal Bodies
(in order)
Action Recommendation Action
Project (Major) Modification Reviewed by ZA or body
approving application
Appeal to next
highest body(ies)
Project (Minor) Modification ZA CPC/CC
Relocation of Structures Permit ZA CPC/CC
Revocation Permit Hearing by ZA or body
approving application
Appeal to next
highest body(ies)
Sign Permit ZA CPC/CC
Special Use Permit CPC CC
Variance ZA CPC/CC
Watercourse Variance CPC CC
Watercourse Development
Permit

ZA CPC/CC
Zoning Ordinance Text and Map
Amendments
Amendments recommended by
CPC
CPC CC/CCC***
Amendments not recommended
by CPC
CPC CC/CCC***
CCC = California Coastal Commission CC = City Council CPC = City Planning Commission
HPC = Historic Preservation Commission ZA = Zoning Administrator * For projects seaward of the mean high tide line, and in the case of appealable actions, the California Coastal Commission shall be the decision-making body which can finally approve an application. In the coastal zone, all proposed accessory dwelling units shall require a coastal permit (unless they are exempt or excluded from coastal permit requirements) and shall be processed in the manner described in Chapter 24.04 and Section

24.08.200 et seq. (including in terms of public noticing and process for appeal to the Coastal Commission) except that no public hearing shall be required. In addition to all other applicable LCP requirements, standards for ADUs in the coastal zone are specified in Section 24.12.140(10). For Small Cell Facilities projects that are in the public right-of-way and in the portion of the Coastal Zone Overlay zone district where city decisions can be appealed to the California Coastal Commission, appeals shall be made directly to the Coastal Commission. For Small Cell Facilities projects that are in the public right-of-way

24.24 ORDINANCE NO. 2022-07
25 Permits/Actions****
Public Hearing Requirement and Decision-Making Body
Which Can Approve an Application
No
Public
Hearing
Public Hearing Appeal Bodies
(in order)
Action Recommendation Action
but are not in the portion of the Coastal Zone Overlay zone district where such Coastal Commission appeals are allowed, appeals shall be made directly to the City Council. ** Such permits shall be issued administratively, without a public hearing, unless a cultural resources evaluation, prepared by a qualified consultant as determined by the zoning administrator, determines that the building or structure is eligible for listing on the city Historic Building Survey.
*** California Coastal Commission in case of CLUP policy, CLIP elements. **** At a regularly scheduled meeting, a majority of the council may take an action to direct any project or amendment to be called from a lower hearing body prior to a final action or during an appeal period in accordance with Section 24.04.175(2). (Ord. 2020-22 § 2, 2020; Ord. 2016-11 § 2, 2016: Ord. 2016-04 § 1, 2016: Ord. 2012-19 § 6 (part), 2012; Ord. 2012-06 § 1, 2012: Ord. 2008-17 § 2 (part), 2008: Ord. 2006-02 § 1 (part), 2006: Ord. 2004-27 § 3, 2004: Ord. 2004-02 § 6, 2004: Ord. 2003-17 § 10, 2003: Ord. 2003-16 § 10, 2003:

Ord. 2000-27 § 1, 2000: Ord. 99-17 § 2, 1999: Ord. 94-34 § 2, 1994: Ord. 94-33 § 5, 1994: Ord. 91-14 § 1, 1991; Ord. 90-09 § 1, 1990; Ord. 86-12 § 1, 1986: Ord. 85-05 § 1 (part), 1985).

Section 8. Section 24.04.186 (Appeals to Coastal Commission) of Title 24 of the Santa Cruz Municipal Code (Zoning Ordinance) is hereby amended to read as follows:

24.04.186 APPEALS TO COASTAL COMMISSION.

1. Coastal permits fall into either of two categories: appealable or nonappealable to the Coastal Commission.

The determination of whether a project is appealable or nonappealable, or categorically exempt, shall be made by the zoning administrator at the time the application is filed. This determination is appealable pursuant to the provision of California Coastal Commission Local Coastal Program Regulations Section 13569.

2. Coastal permits are only appealable after all city appeals are exhausted except for (a) appeals by members of the Coastal Commission and (b) appeals of city decisions on Small Cell Facilities in the public right of way and in the portion of the Coastal Zone Overlay zone district where city decisions can be appealed to the California Coastal Commission, in which case the appeal may be made directly to the Coastal Commission. No fee shall be charged for coastal permit appeals.

24.25 ORDINANCE NO. 2022-07
26 a. Only the following coastal permit applications are appealable to the Coastal Commission:
(1) Any major public works project or facility. The phrase “major public works project or energy facility” is the same as used in Public Resources Code Section 30603(A)(5) and these regulations shall mean any proposed public works projects as defined by Section 13012 of the Coastal Commission Regulations, or “energy facility” as defined by Public Resources Code Section 13012 of the Coastal Commission Regulations, or “energy facility” as defined by Public Resources Code Section 30107 and exceeding $50,000.00 in estimated cost of construction. (2) Development approved between the sea and the first public road paralleling the sea or within three hundred feet of the inland extent of any beach or the mean high tide line of the sea where there is no beach, whichever is the greater distance. (3) Developments approved not included within subsection (a)(2) above, located on tidelands, submerged lands, public trust lands, within one hundred feet of any wetland, estuary, stream, or within three hundred feet of the top of the seaward face of any coastal bluff.
(a) Subsections (a)(2) and (a)(3) above are shown as the SP-O Shoreline Protection Overlay zone on the zoning map.
(4) Developments approved that are located in a sensitive coastal resource area. b. An appeal may be filed only by the applicant, an aggrieved person as defined by this title, or any two members of the Coastal Commission. An appeal must be filed in accordance with the appeal procedures contained in this title, except that appeals by any two members of the Coastal Commission do not require exhaustion of local appeals and may be made following the decisions of the reviewing body, zoning administrator, zoning board or city council.

However, commissioner appeals taken prior to exhaustion of all local appeals shall be transmitted to the appropriate local appellate body and the appeal to the commission may be suspended pending a decision on the merits by that local appellate body. If the decision of the local appellate body modifies or reverses the previous decision, the commissioners shall be required to file a new appeal from that decision. c. Grounds for appeal, pursuant to subsection (a)(2) above, shall be limited to an allegation that the development does not conform to standards set forth in the certified Local Coastal Program or the Public Access Policies set forth in the California Coastal Act.
d. The grounds for an appeal of a denial of a permit pursuant to subsection (a)(1) shall be limited to an allegation that the development conforms to the standards set forth in the

24.26 ORDINANCE NO. 2022-07
27 certified Local Coastal Program and the public access policies set forth in the California Coastal Act.
e. Appeals to the Coastal Commission pursuant to this section must be filed with the Coastal Commission on forms prescribed by and available from the Coastal Commission.
(Ord. 94-42 § 1, 1994: Ord. 94-33 § 8, 1994: Ord. 88-58 § 7, 1988; Ord. 85-47 § 2, 1985: Ord. 85- 05 § 1 (part), 1985).

Section 9. This ordinance shall take effect and be in force thirty (30) days after final adoption, except that in the Coastal Zone, the ordinance shall take effect and be in force thirty (30) days after final adoption and following the Coastal Commission’s Executive Director reporting to the Commission his determination that the City’s actions are legally adequate and the Commission not objecting to the Executive Director’s determination.

PASSED FOR PUBLICATION this 26th day of April 2022, by the following vote:

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

NOES: None.

ABSENT: None.

DISQUALIFIED: None.

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

24.27 ORDINANCE NO. 2022-07
28 PASSED FOR FINAL ADOPTION this 10th day of May, 2022, by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

APPROVED: ______________________________
Sonja Brunner, Mayor
ATTEST: _________________________________
Bonnie Bush, City Clerk Administrator
This is to certify that the above and
foregoing document is the original
of Ordinance No. 2022-07 and that
it has been published or posted in
accordance with the Charter of the
City of Santa Cruz.
________________________________
Bonnie Bush, City Clerk Administrator

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

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

May 4, 2022
I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge.

This 4th day of May, 2022, Santa Cruz, California
____________________________
Julia Wood
Deputy City Clerk Administrator
Julia Wood

24.29 DECLARATION OF POSTING

STATE OF CALIFORNIA )
) SS.

COUNTY OF SANTA CRUZ )
On the 2nd day of May, 2022, I posted conspicuously in three public places within the City of Santa Cruz, Ordinance No. 2022-07, to wit:

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

2. City Hall: Bulletin Board outside Council Chambers

3. The City of Santa Cruz website
The document, posted in its entirety, consists of pages 1—28.

I declare under penalty of perjury that the foregoing is true and correct. Executed this 2nd day of May, 2022, in Santa Cruz, California.
_______________________________
Julia Wood
Deputy City Clerk Administrator
Julia Wood

24.30 1
Rosemary Balsley
From: tropicaldream <[email protected]>
Sent: Monday, May 09, 2022 3:08 PM
To: City Council
Subject: Submit for Item 24, Agenda for May10, 2022
Hello Santa Cruz City Council Members,
Please note the letter below and submit it as public testimony for Item 24 on the agenda for May 10, 2022.

This testimony is to support a "no" vote on Item 24, in order to protect the population of Santa Cruz from suffering debilitation health effects of this dangerous microwave technology.

Sincerely,
Marilyn Garrett
Rex Richardson, who has been on the Long Beach City Council and is running for Long Beach mayor, works for Crown Castle as Manager of Government Affairs..

Moira Hahn and her husband have fought long, hard, and courageously to stop a tower in front of their home in Long Beach, including hiring attorneys. This is her letter to the editor published today.
https://2urbangirls.com/2022-05-long-beach-home-values-could-plummet-up-to-35-because-of5g-cell-tower/ Letter to the Editor: Long Beach home values could plummet up to 35% because of 5G Cell Tower
May 6, 2022

Hello two urban girls,
Thank you for your articles about Rex Richardson and his work with Crown Castle.

Thanks to Long Beach city council representative (9th district, also vice mayor) Rex Richardson’s lobbying for the telecoms, and the Long Beach city councils unanimous 2019 vote to add a telecommunications chapter to the city code that appears to have been written by and for the telecommunications industry, I have to move out of my home, of the past 21 years.

I’m a 65 year old artist and retired college professor with partial deafness , a family history of brain cancer, medically diagnosed Electromagnetic Sensitivity (EHS) and chronic

24.31 2
migraine disease. When my husband and I found out (this was not disclosed clearly)that a public right of way in our front yard had been targeted for a 4G/5G cell tower, 25’ from a bedroom of our home, we filed an appeal of the (already city approved) application AT&T and it’s subcontractor, Synergy Inc. had filed.

Within our appeal, my doctor had written a letter to inform the city my illnesses, especially proven EHS, constitute a valid ADA condition it is required to accommodate. He said the accommodation should be that the cell tower must be no closer than 1,000 feet from our home. The city refused, and did not suggest or offer us any alternative accommodations. It railroaded a hearing through with an employee (attorney) it had hired specifically to arbitrate in favor of the city. Not surprisingly, we lost.

So now, at this age, with 2 bad shoulders, and 5 local realtors telling us we’ll lose 20 to 35% off our homes value due to the cell tower (city code clearly states the loss is exclusively on us), we must leave our ‘forever home’ that we sank all our money into maintaining and improving, and move to a much smaller house far inland. Which will make my migraines worse, and force me to discard a third of my belongings, but at least we won’t have to be Guinea pigs for short range, untested, microwave radiation, in combination with a 4G radio transmitter 24/7/365, 25’ from our house.

Due to well documented brain injuries from close range exposure in the early 2000s, CA firefighters have state mandated protection from cell towers any closer than 200’ to a station.

Regular citizens, however, those of us without powerful lobbies, have no protection whatsoever.

The hearing officer admitted in his findings that this tower’s operation is highly likely to damage my health, that there are no currently accepted federal standards for safe operation of a 4G/5G cell tower, and that the city abruptly cut off any discussion of potential accommodations. The city said at the hearing ‘wheel chair access’ is the only ADA issue it considers valid. There are many ADA-qualified health impairments that an adjacent cell tower is likely to worsen that don’t require/encompass wheel chair access.

When the city refused to help, I wrote to the President of AT&T, who responded to my inquiry by telling me point blank that AT&T would not accommodate my disability.

Thank you for reading this.

Moira Hahn

24.32 ORDINANCE NO. 2022-08

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ AMENDING CHAPTERS 18.45, 24.04, 24.08, 24.14, AND 24.22 OF THE CITY OF SANTA CRUZ

MUNICIPAL CODE TO REVISE THE REQUIREMENTS FOR DEVELOPMENT ON

SLOPED PROPERTY TO BE BASED ON SITE-SPECIFIC GEOTECHNICAL REPORTS BE IT ORDAINED By the City of Santa Cruz as follows:

Section 1. Chapter 18.45 “Excavation and Grading” of the City of Santa Cruz Municipal Code is hereby amended as follows:

Chapter 18.45 EXCAVATION AND GRADING REGULATIONS

18.45.010 through 18.45.020 – no change.

18.45.030 GENERAL GRADING PERMIT REQUIREMENTS.
(3) Prohibited Grading Areas. No grading permit shall be issued for a project located in a protected natural resource area, including species-protected area, archaeologically sensitive area, riparian corridor, or on slopes of thirty percent or greater unless an appropriate zoning permit for the special area is first obtained. No grading permit shall be issued within twenty feet of any thirty percent or greater slope, unless a variance granting such slope modification is first obtained within the Coastal Zone or a slope development permit pursuant to Section 24.08 (Part 9) of the Zoning Ordinance is obtained outside the Coastal Zone.

18.45.035 through 18.45.150 – no change.

Section 2. Chapter 24.04 “Administration” of the City of Santa Cruz Municipal Code is hereby amended as follows:

Chapter 24.04 – ADMINISTRATION

24.04.010 through 24.04.020 – no change.

24.04.030 TYPES OF PERMITS AND OTHER ACTIONS AUTHORIZED BY THIS TITLE.

The following permits and actions are established in order to carry out the purposes and requirements of this title:

1. Appeals;

2. Coastal permit;

3. Conditional driveway permit;

25.1 ORDINANCE NO. 2022-08
2 4. Conditional fence permit;

5. Conservation regulations modifications (in the Coastal Zone only);

6. Design permit;

7. Demolition/conversion permit:
a. Demolition authorization permit for residential structures, b. Historic demolition permit;

8. Extension of permits;

9. Historic building survey: building designation and deletion;

10. Historic alteration permit;
10a. Administrative historic alteration permit;

11. Historic landmark designation;

12. Mobile homes: certificate of compatibility;

13. Mobile home park conversion;

14. Planned development permit;

15. Relocation permit;

16. Revocation of permits;

17. Signs:
a. Design permit (for signs),
b. Building permit (for signs),
c. Sign permit – public art exception;

18. Slope Development Permit (outside the Coastal Zone)

19. Use permit:
a. Administrative use permit, for uses requiring an administrative use permit plus the following:
(1) Any earth-disturbing activity on known archaeological sites, b. Special use permit, for uses requiring a special use permit;

20. Variance;

21. Watercourse development permit;

22. Watercourse variance;

23. Zoning Ordinance and General Plan text/map amendments;

24. Project modifications, pursuant to Section 24.04.160(4)(b).

24.04.040-24.04.080 – no change.

24.04.090 PUBLIC HEARING REQUIREMENT.

A public hearing shall be required for the following:
1 through 10 – no change.

11. Slope Development Permit (on or within 20 feet of a 50% or greater slope) outside the Coastal Zone;

12. Relocation of structures;

13. Revocation of permits;

14. Use permits:

25.2 ORDINANCE NO. 2022-08
3 a. Administrative use permit, except when the proposed use is temporary, as defined in this title; for variations to parking design requirements and number of spaces; and half baths in accessory structures;
b. Special use permit (including historic district/historic landmark use permit);

15. Variance;

16. Watercourse variance;

17. Project modifications, pursuant to Section 24.04.160(4)(c);

18. Zoning Ordinance and General Plan text and map amendments.

24.04.100 through 24.04.120 – no change.

24.04.130 DECISION-MAKING BODY WITH FINAL AUTHORITY ON APPLICATION APPROVAL.

The following table indicates the decision-making body who can approve, deny or conditionally approve an application, whether or not a public hearing is required, and the bodies to which appeals can be made:

1. The planning commission and city council may refer certain aspects of any application to the zoning administrator for final action.

2. The zoning administrator may refer any of the matters on which he/she is authorized to act to the planning commission or historic preservation commission.

3. Recommendations for approval on General Plan matters and zoning ordinance text and map amendments shall require a majority vote of the planning commission; all other actions shall require a majority of the hearing body present at the meeting.

Public Hearing Requirement and DecisionMaking Body Which Can Approve an Application

No Public Hearing Public Hearing Appeal Bodies
Permits/Actions**** Action Recommendation Action (in order) Coastal Permit ZA (ADU*) ZA* CPC/CC/CCC*
Administrative Use Permit:

Large Family Daycare Homes,
Temporary Uses, and half
baths in accessory buildings

ZA CPC/CC
Other uses as listed by
individual zoning districts as
requiring an Administrative
Use Permit

ZA CPC/CC
Conditional Driveway Permit ZA CPC/CC
Conditional Fence Permit ZA ZA CPC/CC

25.3 ORDINANCE NO. 2022-08
4 Public Hearing Requirement and DecisionMaking Body Which Can Approve an Application

No Public Hearing Public Hearing Appeal Bodies
Permits/Actions**** Action Recommendation Action (in order) Slope Regulations
Modifications (Variance) in the
Coastal Zone
CPC CC
Slope Development Permit (on
or within 20 feet of a 50% or
greater slope) outside the
Coastal Zone

ZA CPC/CC
Slope Regulations
Modifications (Design Permit)
in the Coastal Zone

ZA CPC/CC
Slope Development Permit (on
or within 20 feet of a slope
greater than or equal to 30%
and less than 50%) outside the
Coastal Zone

ZA CPC/CC
Design Permit – ZA CPC/CC
Substandard lots: new twostory structures and secondstory additions, excluding ADUs

ZA CPC/CC
Large homes per Section

24.08.450

ZA CPC/CC
Wireless telecommunications
facilities

ZA ZA CPC/CC
New structures or
improvements to existing
structures in the WCD Overlay
which are exempt or excluded
from coastal permit
requirements

ZA CPC/CC
New structures or
improvements to existing
structures in the WCD Overlay
which require a coastal permit

ZA CPC/CC
Demolition Permit

25.4 ORDINANCE NO. 2022-08
5 Public Hearing Requirement and DecisionMaking Body Which Can Approve an Application

No Public Hearing Public Hearing Appeal Bodies
Permits/Actions**** Action Recommendation Action (in order)

1. Single-family residential ZA CPC/CC

2. Multifamily residential CPC CC

3. Historic demolition permit HPC CC

4. Nonresidential ZA** ZA** CPC/CC
General Plan Text and Map
Amendments

CPC CC/CCC
***
Historic Alteration Permit HPC CC
Administrative Historic
Alteration Permit

ZA HPC/CC
Historic Building Survey:

Building designation, deletion HPC CC
Historic District Designation HPC/CPC CC
Historic Landmark
Designation
HPC CC
Mobile Homes (Certificate of
Compatibility)

ZA CPC/CC
Mobile Home Park Conversion CPC CC
Outdoor Extension Areas per
Section 24.12.192

ZA CPC/CC
Planned Development Permit CPC CC
Project (Major) Modification Hearing by ZA or body approving application
Appeal to next
highest
body(ies)
Project (Minor) Modification ZA CPC/CC
Relocation of Structures
Permit

ZA CPC/CC
Revocation Permit Hearing by ZA or body approving
application
Appeal to next
highest
body(ies)
Sign Permit ZA CPC/CC
Special Use Permit CPC CC

25.5 ORDINANCE NO. 2022-08
6 Public Hearing Requirement and DecisionMaking Body Which Can Approve an Application

No Public Hearing Public Hearing Appeal Bodies
Permits/Actions**** Action Recommendation Action (in order) Variance ZA CPC/CC
Watercourse Variance CPC CC
Watercourse Development
Permit

ZA CPC/CC
Zoning Ordinance Text and
Map Amendments:

Amendments recommended by
CPC

CPC CC/CCC
***
Amendments not
recommended by CPC
CPC CC/CCC***
CCC = California Coastal Commission CC = City Council CPC = City Planning Commission HPC = Historic Preservation Commission ZA = Zoning Administrator * For projects seaward of the mean high tide line, and in the case of appealable actions, the California Coastal Commission shall be the decision-making body which can finally approve an application. In the coastal zone, all proposed accessory dwelling units shall require a coastal permit (unless they are exempt or excluded from coastal permit requirements) and shall be processed in the manner described in Chapter 24.04 and Section 24.08.200 et seq. (including in terms of public noticing and process for appeal to the Coastal Commission) except that no public hearing shall be required. In addition to all other applicable LCP requirements, standards for ADUs in the coastal zone are specified in Section 24.12.140(10). ** Such permits shall be issued administratively, without a public hearing, unless a cultural resources evaluation, prepared by a qualified consultant as determined by the zoning administrator, determines that the building or structure is eligible for listing on the city Historic Building Survey.
*** California Coastal Commission in case of CLUP policy, CLIP elements. **** At a regularly scheduled meeting, a majority of the council may take an action to direct any project or amendment to be called from a lower hearing body prior to a final action or during an appeal period in accordance with Section 24.04.175(2).

24.04.140 through 24.04.250 – no change.

Section 3. Part 8: Planned Development Permit and Part 9: Slope Regulations Modifications of Chapter 24.08 “Land Use Permits and Findings” of the City of Santa Cruz Municipal Code are hereby amended as follows:

25.6 ORDINANCE NO. 2022-08
7 Chapter 24.08 LAND USE PERMITS AND FINDINGS
Part 8: PLANNED DEVELOPMENT PERMIT

24.08.700 through 24.08.710 – no change.

24.08.720 GENERAL PROVISIONS.

A planned development permit provides variation on district regulation, where appropriate, in the following areas:*

1. Building setbacks.

2. Street standards.

3. Lot coverage.

4. Parking and loading.

5. Landscaping.

6. Open space.

7. Lot area.

8. Uses.

9. Height, not to exceed one story or twenty percent of height (in feet) over and above regulations established in district regulations for the district in which the project is proposed.

All aspects of the proposed development which represent a departure from strict application of district regulations shall be explained in the application and reasons given why the proposed development plan affords greater public benefits than would be achieved through application of conventional zoning regulations.
* Inside the Coastal Zone, variations to slope regulation modifications, pursuant to procedures set forth in Chapter 24.08, Part 9 (Slope Regulations Modifications) are also available.

24.08.730 through 24.08.790 – no change.

Part 9: SLOPE DEVELOPMENT PERMIT (applies outside the Coastal Zone)

24.08.800 PURPOSE.

Development on slopes presents opportunities and challenges. Construction on unstable slopes can lead to erosion, steep terrain can present wildfire and evacuation hazards, and buildings constructed on hilltops often have exceptional views while having the potential to adversely impact public views. Such development is therefore regulated by the provisions of Section 24.14.030 (slope regulations) to ensure that risks to public and private property and adverse impacts to public views are minimized. “Public views” include scenic views of the ocean, beaches, and the Santa Cruz Mountains from public property, including from parks and public rights-of-way. This section is also part of the Local Coastal Implementation Plan.

25.7 ORDINANCE NO. 2022-08
8 24.08.810 PROCEDURE.

Projects on or within twenty feet of a slope of thirty percent or greater must apply for a slope development permit unless the project is exempted from the need for such a permit under Section

24.14.030(1)(g). This permit may be granted by the zoning administrator under Section

24.14.030(1)(c) without a hearing if the project is on or within twenty feet of a slope greater than or equal to thirty-percent and less than fifty percent and is consistent with the findings in Section

24.08.820, unless the slope development permit is accompanied by an application that must be heard by a higher body. Projects on or within twenty feet of a slope of fifty percent or greater must be considered at a public hearing by the zoning administrator and must also be consistent with the findings in Section 24.08.820 unless the project is exempted from such a permit per Section

24.14.030(1)(g).

In the case of construction of an accessory dwelling unit pursuant to Section 24.16.100 et seq., this section shall apply only when alternative site configurations are available to an applicant that would permit the construction of a detached accessory dwelling conforming to the development standards in Section 24.16.14 without the need for a slope development permit; when no alternative site configuration will allow the construction of a detached accessory dwelling unit in conformance with Section 24.16.140, the applicant shall comply with the maximum possible number of findings in Section 24.08.820, but shall not be denied a building permit for the accessory dwelling unit based on this section.

24.08.820 FINDINGS REQUIRED.

A slope development permit may be granted when all of the following applicable conditions are found or when, pursuant to the provisions of Section 24.08.810, an application for an accessory dwelling unit meets as many of the following conditions as possible:

1. Measures have been included within the design of the project to mitigate impacts on environmental constraint areas identified in the Natural Resources and Conservation Element and the Safety Element of the General Plan and the Local Coastal Program.

2. Landscaping of an appropriate type, size, and quality is proposed to mitigate any adverse environmental effect.

3. Usable open space is proposed in an amount equal to that normally required.

4. A registered civil engineer or other qualified professional will design streets, buildings, and other manmade structures to conform with existing landforms and topography.

5. Adequate fire safety measures as required by the city fire department have been incorporated into the design of the proposed development, when located in a designated fire hazard area.

6. The proposed project employs architectural and design elements which in total serve to reduce the mass and bulk of structures to protect public views. Such elements may include:
a. Multiple floor levels which follow natural slopes;
b. Multiple roof lines to provide visual interest and break up the visual impact of the building;
c. Decks and balconies to provide building articulation; d. Foundation types such as poles, piles, or stepped levels which minimize cut and fill and need for retaining walls;

25.8 ORDINANCE NO. 2022-08
9 e. Fence lines, walls, and other features which blend with the terrain rather than strike off at an angle against it.

7. If a project proposed for construction is in a landslide area identified in a site-specific geological report prepared pursuant to Section 24.14.030.d, findings must be made that mitigation measures necessary to fulfill the purpose of this part have been incorporated into project design, based on the project’s environmental review and geotechnical reports.

Part 9a: SLOPE REGULATIONS MODIFICATIONS (applies in the Coastal Zone)

24.08.800a PURPOSE.

Slope regulation modifications may be permitted to allow for development in unique situations where mitigation measures achieve the purpose of provisions of Section 24.14.030(1)(d) (slope regulations) and where strict compliance with Section 24.14.030(1)(d) creates a particular physical hardship and where no reasonable alternative to the exception exists, and when the extent of the exception is minimized. This section is also part of the Local Coastal Implementation Plan.

24.08.810a PROCEDURE.

Projects requiring an exception to slope standards established by Section 24.14.030 must apply for a slope modification permit. This permit may be granted by the zoning administrator without a hearing if the project is no closer than ten feet from the top edge of a thirty-percent slope and is consistent with the findings in Section 24.08.820, unless the slope modification permit is accompanied by an application which must be heard by a higher body. Should a project be closer than ten feet to a thirty-percent slope, then it must be considered at a public hearing by the zoning board as a variance which must also be consistent with the findings in Section 24.08.820. In the case of construction of an accessory dwelling unit pursuant to Section 24.16.100 et seq., this section shall apply only when alternative site configurations are available to an applicant that would permit the construction of a detached accessory dwelling unit up to eight hundred square feet in size without the need for a slope modification permit; when no alternative site configuration will allow the construction of an eight-hundred-square-foot detached accessory dwelling unit, the applicant shall comply with the maximum possible number of findings in Section 24.08.820, but shall not be denied a building permit for the accessory dwelling unit based on this section.

24.08.820a FINDINGS REQUIRED.

A slope modification permit may be granted when all of the following applicable conditions are found or when, pursuant to the provisions of Section 24.08.810, an application for an accessory dwelling unit meets as many of the following conditions as possible:

1. Measures have been included within the design of the project to mitigate impacts on environmental constraint areas identified in the Environmental Quality Element of the General Plan and the Local Coastal Program.

2. Landscaping of an appropriate type, size and quality is proposed to mitigate any adverse environmental effect.

3. Usable open space is proposed in an amount equal to that normally required.

25.9 ORDINANCE NO. 2022-08
10 4. To conform with existing land forms and topography, streets, buildings, and other manmade structures have been designed by a registered civil engineer or other qualified professional.

5. Adequate fire safety measures as required by the city fire department have been incorporated into the design of the proposed development, when located in a designated fire hazard area.

6. The proposed project employs architectural and design elements which in total serve to reduce the mass and bulk of structures. Such elements may include:
a. Multiple floor levels which follow natural slopes;
b. Multiple roof lines;
c. Decks and balconies;
d. Foundation types such as poles, piles, or stepped levels which minimize cut and fill and need for retaining walls;
e. Fence lines, walls, and other features which blend with the terrain rather than strike off at an angle against it.

7. If a project proposed for construction is in a designated landslide area, before granting a modification to Section 24.14.030(1)(d), findings must be made that mitigation measures necessary to fulfill the purpose of this part have been incorporated into project design, based on the project’s environmental review.

Section 4. Part 1: Conservation Regulations of Chapter 242.14 “Environmental Resource Management” of the City of Santa Cruz Municipal Code is hereby amended as follows:

Chapter 24.14 ENVIRONMENTAL RESOURCE MANAGEMENT
Part 1: CONSERVATION REGULATIONS

24.14.010 through 24.14.020 – no change.

24.14.030 SLOPE REGULATIONS (outside the Coastal Zone).

1. Applicability and Purpose. The following regulations are enacted to minimize the risks associated with project development in areas characterized by combustible vegetation and steep and/or unstable slopes. Minor sculpted landforms, such as berms or swales, shall be exempt from the following regulations. A further purpose is to avoid excessive height, bulk, and mass normally associated with building on slopes.
a. Building permit applications for new structures on slopes of ten percent or greater shall include an accurate topographic map. The map shall contain contours of two-foot intervals for slopes of twenty percent grade.
b. Slopes thirty percent or greater shall not be considered in the density determination of a property.
c. Construction of buildings (as defined in Section 24.22.154) or structures (as defined in Section 24.22.822) on or within twenty feet of slopes fifty percent or greater shall require approval of a slope development permit at a public hearing before the zoning administrator, unless they are exempted pursuant to subsection (g) below. Construction of buildings (as defined in Section 24.22.154) on or within twenty feet of slopes greater than or equal to thirty but less than fifty percent shall require administrative approval of

25.10 ORDINANCE NO. 2022-08
11 a slope development permit with no public hearing required, unless they are exempted pursuant to subsection (g) below.
d. When a slope development permit is required pursuant to subsection (c) above, a sitespecific geological review consistent with the California Division of Mines and Geology guidelines shall be provided by a state-qualified professional. The review shall include consideration of material, height of slope, slope gradient, load intensity, and erosion characteristics of slope material. The recommendations contained in the review, including but not limited to California Building Code requirements, shall be incorporated into the design of the building project to prevent slope instability as a result of new development.
e. All development on slopes shall be designed so that drainage water to and from the site complies with applicable local, Regional Water Quality Control Board, and State standards.
f. Proposed buildings on parcels within or adjacent to fire hazard areas as designated in the Safety Element of the General Plan shall maintain separation from combustible vegetation as required by the city fire department. Removal of combustible vegetation may also be required as part of project approval.
g. Minor development not including buildings (as defined in Section 24.22.154) or grading over fifty cubic yards, may encroach on slopes greater than or equal to thirty percent.

Minor development can include things such as walkways, fences, retaining walls less than three feet high above existing grade, planter boxes, stairways, decks extending not more than five feet into a slope greater than or equal to thirty percent, and similar features, or similar minor development as determined by the zoning administrator, may encroach on slopes greater than or equal to thirty percent without a slope development permit. h. No new lot shall be created that does not comply with the requirements of Section

23.04.050.3 “Subdivision Principles – Buildable Lots.”
i. For all development within one hundred feet of a coastal bluff, a site-specific geologic report consistent with the California Division of Mines and Geology guidelines shall be prepared by a state qualified professional.

24.14.030(2) “Driveway Design Standards” - no change.

24.14.030a SLOPE REGULATIONS (in the Coastal Zone).

1. Applicability and Purpose. The following regulations are enacted to minimize the risks associated with project development in areas characterized by combustible vegetation and steep and/or unstable slopes. Such areas include canyons, arroyos, slopes over thirty percent (see Maps EQ-6 and EQ-7 in the General Plan). Minor sculpted landforms, such as berms or swales, shall be exempt from the following regulations. A further purpose is to avoid excessive height, bulk and mass normally associated with building on slopes. a. Building permit applications for new structures on slopes of ten percent or greater shall include an accurate topographic map. The map shall contain contours of two-foot intervals for slopes of twenty percent grade.
b. Slopes thirty percent or greater shall not be considered in the density determination of a property.

25.11 ORDINANCE NO. 2022-08
12 c. Parcels with a portion of the area in slopes of thirty percent or greater shall require the minimum lot area of the applicable zoning district in slopes of less than thirty percent.

The area in slopes of less than thirty percent must be contiguous to the proposed building site.
d. No building shall be located on a slope of thirty to fifty percent, or within twenty feet of a thirty to fifty percent slope, unless an exception is granted pursuant to Section

24.14.040 or a variance is granted pursuant to Section 24.08.810. e. No structure shall be located on a slope greater than fifty percent. f. Proposed buildings on parcels within or adjacent to fire hazard areas as designated in the Safety Element of the General Plan (Map S-11) shall maintain separation from combustible vegetation as required by the city fire department. Removal of combustible vegetation may also be required as part of project approval. g. No development except minor development on parcels of one-half acre or less, such as walkways, fences, retaining walls less than three feet high above existing grade, planter boxes and similar features, will be allowed to encroach on thirty-percent slopes without an exception listed in Section 24.14.040.
h. No new lot shall be created which will require the house to be sited within twenty feet of a thirty-percent slope.
i. For all development within one hundred feet of a coastal bluff, a site-specific geologic investigation prepared by a qualified professional consistent with the California Division of Mines and Geology guidelines shall be prepared.

24.14.030(2) “Driveway Design Standards” - no change.

24.14.040 EXCEPTION (in the Coastal Zone only).

The zoning administrator may, through slope modification permit procedures, grant exception to Section 24.14.030, subsection (1)(d) when the exception is no less than 10 feet from the top edge of the slope and to Section 24.14.030 subsection (1)(g) when the exception is not a building, where strict compliance with that subsection creates a particular physical hardship and there are no reasonable alternatives to the exception, and when the applicable conditions in Section 24.08.820 are found.

24.14.050 through 24.14.090 – no change.

Section 5. Chapter 24.22 “Definitions” of the City of Santa Cruz Municipal Code is hereby amended as follows:

Chapter 24.22 - Definitions

24.22.010 through 24.22.496 – no change.

24.22.498 LOT AREA, NET.

The contiguous area within the lot lines with less than thirty percent slope and not within a riparian corridor as defined in Section 24.08.2110(g) or a Floodplain (F-P) District.

25.12 ORDINANCE NO. 2022-08
13 24.22.502 through 24.22.936 – no change.

Section 6. This ordinance shall take effect and be in force thirty (30) days after final adoption.

PASSED FOR PUBLICATION this 26th day of April, 2022, by the following vote:

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

NOES: Councilmembers Cummings, Brown.

ABSENT: None.

DISQUALIFIED: None.

APPROVED: ______________________________
Sonja Brunner, Mayor
ATTEST: _________________________________
Bonnie Bush, City Clerk Administrator
PASSED FOR FINAL ADOPTION this 10th day of May, 2022, by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

APPROVED: ______________________________
Sonja Brunner, Mayor
ATTEST: _________________________________
Bonnie Bush, City Clerk Administrator
This is to certify that the above and
foregoing document is the original
of Ordinance No. 2022-08 and that
it has been published or posted in
accordance with the Charter of the
City of Santa Cruz.
________________________________
Bonnie Bush, City Clerk Administrator

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

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

May 4, 2022
I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge.

This 4th day of May, 2022, Santa Cruz, California
____________________________
Julia Wood
Deputy City Clerk Administrator
Julia Wood

25.14 DECLARATION OF POSTING

STATE OF CALIFORNIA )
) SS.

COUNTY OF SANTA CRUZ )
On the 2nd day of May, 2022, I posted conspicuously in three public places within the City of Santa Cruz, Ordinance No. 2022-08, to wit:

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

2. City Hall: Bulletin Board outside Council Chambers

3. The City of Santa Cruz website
The document, posted in its entirety, consists of pages 1—11.

I declare under penalty of perjury that the foregoing is true and correct. Executed this 2nd day of May, 2022, in Santa Cruz, California.
_______________________________
Julia Wood
Deputy City Clerk Administrator
Julia Wood

25.15 ORDINANCE NO. 2022-09
AN ORDINANCE OF THE CITY OF SANTA CRUZ ADDING CHAPTER 9.90 TO THE SANTA CRUZ MUNICIPAL CODE ENTITLED “AB 481 MILITARY EQUIPMENT” BE IT ORDAINED BY The City of Santa Cruz As Follows:

WHEREAS, on September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481, creating Government Code Section 7070, et seq., relating to the use of military equipment by California law enforcement agencies;
WHEREAS, AB 481 seeks to provide transparency, oversight, and an opportunity for meaningful public input on decisions regarding whether and how military equipment is funded, acquired, or used;
WHEREAS, the Santa Cruz Police Department is in possession of certain items of equipment that qualify as “military equipment” under AB 481; WHEREAS, AB 481 requires that a law enforcement agency possessing and using such qualifying equipment prepare a publicly released, written, military equipment use policy document covering the inventory, description, purpose, use, acquisition, maintenance, fiscal impacts, procedures, training, oversight, and complaint process, applicable to the Department’s use of such equipment;
WHEREAS, the military equipment use policy and supporting information must be approved by the governing body by ordinance, and reviewed annually; and WHEREAS, the City Council of the City of Santa Cruz, having received the information required under AB 481 regarding the Santa Cruz Police Department’s use of military equipment as defined in AB 481, deems it to be in the best interest of the City to approve the Military Equipment Policy as set forth herein.

SECTION 1. Chapter 9.90 of the Santa Cruz Municipal Code is added to read as follows:

Chapter 9.90
AB 481 MILITARY EQUIPMENT USE
“9.90.010 MILITARY EQUIPMENT POLICY.
(a) The City Council hereby adopts the Military Equipment Use Policy (“Policy”) set forth in Santa Cruz Police Department Policy 705 after having made the following determinations:
(1) The military equipment inventoried and presented in the Policy is necessary because there is no reasonable alternative that can achieve the same objective of

26.1 ORDINANCE NO. 2022-09
2 officer and civilian safety;
(2) The proposed Policy will safeguard the public’s welfare, safety, civil rights, and civil liberties;
(3) The equipment identified in the Policy is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety, if any;
(4) Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance The Police Department has submitted a proposed Policy to the City Council and has made those documents available on the Police Department’s website for at least 30 days prior to the public hearing concerning the military equipment at issue.
(b) The Policy was considered by the City Council as an agenda item in an open session of a regular meeting, noticed in accordance with the Ralph M. Brown Act, at which public comment was permitted.
(c) The Policy shall be made publicly available on the Police Department’s website for as long as the military equipment is available for use.
(d) The Police Department shall submit an annual military equipment report to the City Council, containing the information required in Government Code Section 7072, and the City Council shall determine whether each type of military equipment identified in that report has complied with the standards for approval set forth in (a)(1)-(4) above. (e) The City Council shall review this ordinance, and vote on whether to renew it, on an annual basis at a regular meeting, in accordance with Government Code Section 7071(e)(2). (f) The City Council approves the use of the Policy and finds that it satisfies the requirements of Government Code Section 7070(d).”
SECTION 2. If any section or portion of this chapter is found to be invalid by a court of competent jurisdiction, such finding shall not affect the validity of the remainder of the chapter, which shall continue in full force and effect.

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

26.2 ORDINANCE NO. 2022-09
3 PASSED FOR PUBLICATION this 26th day of April 2022, by the following vote:

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

NOES: None.

ABSENT: None.

DISQUALIFIED: None.

APPROVED: ______________________________
Sonja Brunner, Mayor
ATTEST: _________________________________
Bonnie Bush, City Clerk Administrator
PASSED FOR FINAL ADOPTION this 10th day of May, 2022, by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

APPROVED: ______________________________
Sonja Brunner, Mayor
ATTEST: _________________________________
Bonnie Bush, City Clerk Administrator
This is to certify that the above and
foregoing document is the original
of Ordinance No. 2022-09 and that
it has been published or posted in
accordance with the Charter of the
City of Santa Cruz.
________________________________
Bonnie Bush, City Clerk Administrator

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

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

May 4, 2022
I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge.

This 4th day of May, 2022, Santa Cruz, California
____________________________
Julia Wood
Deputy City Clerk Administrator
Julia Wood

26.4 DECLARATION OF POSTING

STATE OF CALIFORNIA )
) SS.

COUNTY OF SANTA CRUZ )
On the 2nd day of May, 2022, I posted conspicuously in three public places within the City of Santa Cruz, Ordinance No. 2022-09, to wit:

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

2. City Hall: Bulletin Board outside Council Chambers

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

I declare under penalty of perjury that the foregoing is true and correct. Executed this 2nd day of May, 2022, in Santa Cruz, California.
_______________________________
Julia Wood
Deputy City Clerk Administrator
Julia Wood

26.5 1
Rosemary Balsley
From: Erin Wood <[email protected]>
Sent: Friday, May 06, 2022 2:53 PM
To: City Council; Sandy Brown; Sonja Brunner; Martine Watkins; Justin Cummings; Renee Golder; Shebreh Kalantari-Johnson; Donna Meyers
Subject: AB481 feedback for Tuesday May 10th
Dear Respected Councilmembers and Mayor,
I am writing with some specific suggestions on how to improve the document, to maximize the level of transparency, accountability and oversight, as intended by AB481. The Police Department reports to you all, so use your power to make some positive changes.

I want to emphasize that I am not in support of any militarization of our community. I think resources should be directed to programs like CAHOOTS and MERTY, and policies that support affordable housing, higher wages, green spaces, youth programs, and healthcare. I remember being on Highway 9 on that Saturday in June, 2020 when an Air Force Sergeant who followed an alt-right group killed a Sheriff's Deputy in Ben Lomond. I remember all the police and fire vehicles racing up Highway 9, along with some tank-like vehicle that may have been the Bear Cat. And remember who deescalated the situation and got the suspect into custody? A few neighbors and a dog. All that equipment didn't prevent the situation and also didn't de-escalate it.

Before I offer suggested edits, I want to emphatically ask you to take your time to do this process right! The City Council has, per AB481, 180 days (that is nearly 6 months), to revise and create the ordinance and policy that will be right for our community. During that period, law enforcement would be able to continue to use the equipment as they have before this year. There is absolutely NO reason to rush this important process!
The current draft of the ordinance and policy use vague or non-specific language, exclude important information and protections, and thus require important edits. Here are some of the edits I respectfully request:
1) The Authorized use for each piece of equipment must be clear and specific in the inventory. It is not ok to say "include but are not limited to" (which is in the current draft at least 6 times!) followed by a listing of situations. The phrase "not limited to" makes the list of authorized uses meaningless!
2) The policy should include not only how equipment can be used but also uses that are not authorized. For example, use of drones for criminal investigations should not be authorized without a warrant; use of rubber bullets and chemical agents should not be authorized when young children, elderly or other vulnerable persons are present, or for crowd control, without a serious threat to life or bodily harm.