Agenda packet — Santa Cruz City Council, October 11, 2022

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

CITY COUNCIL AGENDA
Updated October 10, 2022
Regular Meeting – October 11, 2022
1:30 P.M. CLOSED SESSION, ZOOM/COURTYARD CONFERENCE ROOM 3:30 P.M. ANNUAL MEETING OF THE BOARD OF DIRECTORS OF THE INDUSTRIAL

DEVELOPMENT AUTHORITY (IDA), ZOOM/COUNCIL CHAMBERS
Around 3:35 P.M. ANNUAL MEETING OF THE BOARD OF DIRECTORS OF THE SANTA CRUZ PUBLIC

IMPROVEMENT FINANCING CORPORATION (SCPIFC), ZOOM/COUNCIL CHAMBERS Around 3:40 P.M. CONSENT, ZOOM/COUNCIL CHAMBERS
5:15 P.M. ORAL COMMUNICATIONS, ZOOM/COUNCIL CHAMBERS
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/council-meetings  Online at Watch – Community Television of Santa Cruz County  Comcast Channel 25
Or: Call any of the numbers below. If one is busy, try the next one.  1-833-548-0276 (Toll Free)
 1-833-548-0282 (Toll Free)
 1-877-853-5247 (Toll Free)
 1-669-900-9128
 Enter the meeting ID number: 946 8440 1344
 When prompted for a Participant ID, press #.
 Press *9 on your phone to “raise your hand” when the Mayor calls for public comment.  It will be your turn to speak when the Mayor calls on you. Press *6 to unmute yourself. The timer will then be set.

Correspondence to be included in the agenda packet must be received by 5:00 pm on Monday, October 10th.

October 11, 2022 City Council 2
PLEASE NOTE:
 Requests for extra speaking time on items other than Oral Communications must be made by 5:00 p.m. on Sunday, October 9th by emailing the Mayor and the City Clerk. Approval will be confirmed via email.
[email protected] [email protected]
The City of Santa Cruz does not discriminate against persons with disabilities. Out of consideration for people with chemical sensitivities we ask that you attend fragrance free. Upon request, the agenda can be provided in a format to accommodate special needs. Additionally, if you wish to attend this public meeting and will require assistance such as an interpreter for American Sign Language, Spanish, or other special equipment, please call the City Clerk’s Department at 420-5030 at least five days in advance so that we can arrange for such special assistance, or email [email protected]. The CalRelay system number: 1-800-735-2922.

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

Closed Session
1:30 PM
Closed Session

1. Conference With Legal Counsel – Liability Claims (Government Code §54956.95)
1) Claimant: Zoran Cica
2) Claimant: Santa Cruz Elks Lodge #824
Claims against the City of Santa Cruz

2. Conference with Legal Counsel - Existing Litigation (Government Code §54956.9(d)(1))
Lopez, Alicia v. Mary McCoy, City of Santa Cruz
Santa Cruz Superior Court Case No. 18CV03301

3. Conference with Labor Negotiators (Government Code §54957.6) SEIU Temporary Employees
SEIU Service Employees
Supervisors, OE3
City Negotiator - Lisa Murphy
October 11, 2022 City Council 3
3:30 PM
Annual Meeting of the Board of Directors of the Industrial Development Authority (IDA)
PLEASE NOTE: City Councilmembers serve as Boardmembers for the City’s Industrial Development Authority (IDA) and Santa Cruz Public Improvement Financing Corporation (SCPIFC). The boards were created for the purpose of providing the City an instrument to issue bonds. Annually, while the bonds are in existence, the Boardmembers are legally required to hold a meeting of the IDA and SCPIFC. The meetings are procedural and for the purpose of approving Minutes and elect new Boardmembers.

Call to Order
Roll Call
General Business

4. Election of Officers
Motion to elect new officers as set forth in Section 3.02 of the Industrial Development Authority bylaws as follows:

Executive Director: City Manager M. Huffaker
Chief Financial Officer: Director of Finance E. Cabell
President: Mayor Brunner
Vice President: Vice Mayor Watkins
Secretary/Treasurer: City Clerk Administrator B. Bush

5. Minutes of the October 12, 2021 Industrial Development Authority (IDA) Motion to approve as submitted.

Adjournment
October 11, 2022 City Council 4
At or Around 3:35 PM
Annual Meeting of the Board of Directors of the Santa Cruz Public Improvement Financing Corporation (SCPIFC)
PLEASE NOTE: City Councilmembers serve as Boardmembers for the City’s Industrial Development Authority (IDA) and Santa Cruz Public Improvement Financing Corporation (SCPIFC). The boards were created for the purpose of providing the City an instrument to issue bonds. Annually, while the bonds are in existence, the Boardmembers are legally required to hold a meeting of the IDA and SCPIFC. The meetings are procedural and for the purpose of approving Minutes and elect new Boardmembers.

Call to Order
Roll Call
General Business

6. Election of Officers
Motion to elect new officers as set forth in Section 3.02 of the Santa Cruz Public Improvement Financing Corporation bylaws as follows:

7. Minutes of the October 12, 2021 Santa Cruz Public Improvement Finance Corporation (SCPIFC)
Motion to approve as submitted.

Adjournment
October 11, 2022 City Council 5
At or around 3:40 PM
Call to Order
Roll Call
Presentations

8. Santa Cruz Mountains Trail Stewardship (SCMTS) Summer Youth Trail Crew Accomplishments

9. Pure Water Soquel Project Update - Soquel Creek Water District Presiding Officer's Announcements
Statements of Disqualification
Additions and Deletions
City Attorney Report on Closed Session
City Manager Report

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

Council Meeting Calendar

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

October 11, 2022 City Council 6
Consent Agenda

12. 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.

13. 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.

14. 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.

15. Resolution Rescinding all but the Uncontested Portions of the Santa Cruz Wharf Master Plan and Environmental Impact Report (CA) Resolution rescinding all but the uncontested portions of the Santa Cruz Wharf Master Plan and Environmental Impact Report in Resolution Nos. NS-29,747 and NS-29,748.

16. Minutes of the September 22, 2022 City Council Special Meeting (CC) Motion to approve as submitted.

17. Minutes of the September 27, 2022 City Council Meeting (CC) Motion to approve as submitted.

18. Resolution Supporting the Rights of the People of Iran to Free Expression and Standing in Solidarity with the Women and People of Iran (CN)
Resolution supporting the women and people of Iran and their rights to free expression.

October 11, 2022 City Council 7
Consent Agenda (continued)

19. State Permanent Local Housing Allocation (PLHA) Commitment (ED) Resolution to commit funding from the California State Department of Housing and Community Development (“HCD”) Permanent Local Housing Allocation (PLHA) Program funds in the amount of $676,239 for land acquisition for the Pacific Station South affordable housing project, authorize Economic Development to submit the request for funds (RFF), and authorize the City Manager or Economic Development Director to execute related PLHA documents.

20. Liability Claims Filed Against the City of Santa Cruz (FN) Motion to reject the liability claim of a) Zoran Cica; and to return as late the claim of b) Santa Cruz Elks Lodge #824, based on staff recommendation.

The below item is removed from the agenda and will not be discussed.

21. SEIU Local 521 Tentative Agreement for a Successor Memorandum of Understanding (HR)
Resolution approving a tentative agreement with SEIU Local 521 effective October 1, 2022 through October 10, 2025.

22. Resource Recovery Facility Household Hazardous Waste Collection Facility Upgrade (c402202) – Notice of Completion (PW)
Motion to accept the work of Atlantis Paving and Grading (Scotts Valley, CA) as completed per the plans and specifications and authorize the filing of the Notice of Completion for Resource Recovery Facility Household Hazardous Waste Collection Facility Upgrade (c402202).

23. HSIP10: Unsignalized Crossing Improvement Project (c402215) – Advertise for Bids and Award Contract (PW)
Motion to approve the plans and specifications for the HSIP10:

Unsignalized Crossing Improvement Project (c402215) and authorize staff to advertise for bids and award the contract. The City Manager is hereby authorized and directed to execute the contract in a form approved by the City Attorney. The Public Works Director is authorized to execute change orders within the approved budget.

End Consent Agenda
October 11, 2022 City Council 8
5:15 PM
Oral Communications Announcement – Community members may address the Council for two minutes or less about any matter not on the agenda. 30 minutes is allocated for Oral Communications. No extra time for groups will be granted.

Oral Communications
Adjournment
October 11, 2022 City Council 9

INFORMATION ITEMS PREVIOUSLY DISTRIBUTED TO CITY COUNCILMEMBERS None issued.

MAYOR'S PROCLAMATIONS
ADDENDUM TO CITY COUNCIL AGENDA – OCTOBER 11, 2022

24. Proclaiming September 29, 2022 as “Habitat for Humanity Monterey Bay Day” and encouraging all citizens to join in congratulating Habitat for Humanity Monterey Bay on the completion of its sixtieth home, expressing heartfelt appreciation for its past and present team and volunteers and countless years of dedication and commitment to our community, and looking forward to its continuing engagement in helping us solve the affordable housing crisis.

25. Proclaiming Friday, September 30, 2022 as “The Expendables Day” and encouraging all citizens to join in celebrating their accomplishments and appreciating them for their good vibes and long musical history and contributions to Santa Cruz and the world.

Advisory Body Appointments
The following position is vacant. Council will make the appointment at a future meeting.

Commission for the Prevention of Violence
Against Women
One opening
October 11, 2022 City Council 10
Public Hearing
If, in the future, you wish to challenge in court any of the matters on this agenda for which a public hearing is to be conducted, you may be limited to raising only those issues which you (or someone else) raised orally at the public hearing or in written correspondence received by the City at or before the hearing.

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

City Council Agenda Legislative History Addendum
No information was submitted.

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

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

City Council

AGENDA REPORT
DATE: 09/23/2022
AGENDA OF: 10/11/2022
DEPARTMENT: City Clerk
SUBJECT: Election of Officers
RECOMMENDATION: Motion to elect new officers as set forth in Section 3.02 of the Industrial Development Authority bylaws as follows:

4.1 City of Santa Cruz
809 Center Street
Santa Cruz, California 95060

MINUTES OF THE ANNUAL MEETING OF THE

BOARD OF DIRECTORS OF THE INDUSTRIAL DEVELOPMENT AUTHORITY October 12, 2021
1:00 PM
Call to Order – at 1:05 p.m.

Roll Call

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

Absent: None.

General Business

3. Election of Officers
MOTION: Director Cummings moved, seconded by Director Watkins, to elect new officers as set forth in Section 3.02 of the Industrial Development Authority bylaws as follows:

Executive Director: Interim City Manager R. Menard
Treasurer: Interim Director of Finance B. Magee
Chair: Mayor Meyers
Vice Chair: Vice Mayor Brunner
Secretary: City Clerk Administrator B. Bush
ACTION: The motion carried unanimously with the following vote.

AYES: Directors Watkins, Kalantari-Johnson, Brown, Cummings, Golder; Vice Chair Brunner; Chair Meyers.

NOES: None.

ABSENT: None.

DISQUALIFIED: None.

5.1 INDUSTRIAL DEVELOPMENT AUTHORITY 2

ANNUAL BOARD OF DIRECTORS MEETING MINUTES
General Business (continued)
4 Minutes of the October 13, 2020 Industrial Development Authority (IDA) Chair Meyers opened the public comment period. There were no speakers.

Chair Meyers closed the public comment period.

MOTION: Director Brown moved, seconded by Director Golder, to approve as submitted.

ACTION: The motion carried unanimously with the following vote.

AYES: Directors Watkins, Kalantari-Johnson, Brown, Cummings, Golder; Vice Chair Brunner; Chair Meyers.

NOES: None.

ABSENT: None.

DISQUALIFIED: None.

Adjournment - The Industrial Development Authority adjourned at 1:10 p.m.

Respectfully Submitted,
Bonnie Bush, Secretary

5.2 City Council

AGENDA REPORT
DATE: 09/23/2022
AGENDA OF: 10/11/2022
DEPARTMENT: City Clerk
SUBJECT: Election of Officers
RECOMMENDATION: Motion to elect new officers as set forth in Section 3.02 of the Santa Cruz Public Improvement Financing Corporation bylaws as follows:

6.1 City of Santa Cruz
809 Center Street
Santa Cruz, California 95060

MINUTES OF THE ANNUAL MEETING OF THE BOARD OF DIRECTORS OF

THE SANTA CRUZ PUBLIC IMPROVEMENT FINANCING CORPORATION October 12, 2021
At or around 1:05 PM
Call to Order – at 1:11 p.m.

Roll Call

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

Absent: None.

General Business

5. Election of Officers
MOTION: Director Watkins moved, seconded by Director Brunner, to elect new officers as set forth in Section 3.02 of the Santa Cruz Public Improvement Financing Corporation bylaws as follows:

Chief Executive Officer: Interim City Manager R. Menard Chief Financial Officer: Interim Director of Finance B. Magee President: Mayor Meyers
Vice President: Vice Mayor Brunner
Secretary/Treasurer: City Clerk Administrator B. Bush
ACTION: The motion carried unanimously with the following vote.

AYES: Directors Watkins, Kalantari-Johnson, Brown, Cummings, Golder; Vice President Brunner; President Meyers.

NOES: None.

ABSENT: None.

DISQUALIFIED: None.

7.1 SANTA CRUZ PUBLIC IMPROVEMENT FINANCING CORPORATION 2

ANNUAL BOARD OF DIRECTORS MEETING MINUTES
October 12, 2021
General Business (continued)
6 Minutes of the October 13, 2020 Santa Cruz Public Improvement Finance Corporation (SCPIFC)
President Meyers opened the public comment period. There were no speakers.

President Meyers closed the public comment period.

MOTION: Director Watkins moved, seconded by Mayor Meyers, to approve as submitted.

ACTION: The motion carried unanimously with the following vote.

AYES: Directors Watkins, Kalantari-Johnson, Brown, Cummings, Golder; Vice President Brunner; President Meyers.

NOES: None.

ABSENT: None.

DISQUALIFIED: None.

Adjournment - The Santa Cruz Public Improvement Financing Corporation adjourned at 1:15 p.m.

Respectfully Submitted,
Bonnie Bush, Secretary/Treasurer

7.2 2022 Summer Youth Trail Crew

8.1 The Sum m er Youth Trail Crew
(SYTC) is an 8- week paid
position for 6 high school aged
crew m em bers to perform trail
m aintenance in City Open
Spaces.
“ This sum m er program is
targeted for teen em ploym ent,
as part of the Public Safety Task
Force recom m endations. High
School Students only m ay
apply.”

8.2 8.3
“Throughout the summer, the SYTC tackled a
variety of projects and learned skills that will
serve them well in their future endeavors.

They transformed from young people who
enjoyed using trails to skilled workers with
keen eyes for trail problems and the abilities
to remedy them.”
- Travis Taylor, Summer Youth Trail
Crew Lead

8.4 Overview of 2022 Projects
● Tasks:
○ Trail m aintenance and cleanup
○ Brushing and invasive plant rem oval
○ Signage and fence installation/ repair
○ New trail construction
○ Pum p track repair and erosion control
● Trails and Parks:
○ All DeLaveaga and Pogonip trails
○ M oore Creek, Arroyo Seco
○ Westside Pum p Track
○ Harvey West Park and Pum p Track
○ Arana Gulch

8.5 Before…

8.6 After!

8.7 Before… 8.8
After! 8.9

8.10 Stats
● 40 days, 1,635 hours m aintaining City Open Spaces
○ 1280 crew hours
○ 355 SCM TS hours
○ Not counting City staff tim e!
● 22 trails, parks, and pum p tracks
○ All DeLaveaga and Pogonip trails
○ M oore Creek, Arroyo Seco
○ Westside Pum p Track
○ Harvey West Park and Pum p Track
○ Arana Gulch
● 4,160 pounds of weeds rem oved
● 1 new best friendship (Jaiden and Quinn)
● Endless m em ories and life skills acquired

8.11 8.12
What Went Well
● Having two weeks before the start of the program to identify projects ● The youth were fun, hardworking, and arrived on tim e ● Meeting on site rather than the yard gave us m ore tim e to work ● Com m u n icat ion wit h Blake was excellen t
● Tool trailer an d tools were con ven ien t
● Addit ion al t ools wer e pu r ch ased t im ely
● Blake’s crew was always willin g to h elp by pickin g up our loads or deliverin g tools or water

8.13 What Went Well (continued)
● Having a variety of projects beyond brushing or invasive rem oval ● Lettin g th e youth work with th e trail crew on projects ● Treats on Fridays was a nice way to enter the weekend ● In vasive m aps for Ar an a Gu lch fr om t h e biologist s wer e h elpfu l ● Six- h our schedule provides enough tim e for leader to prep and perform adm inistrative tasks
● Weath er was great. Not too m an y h ot days.

8.14 What Went Well (continued)
● Having a variety of projects beyond brushing or invasive rem oval ● Lettin g th e youth work with th e trail crew on projects ● Treats on Fridays was a nice way to enter the weekend ● In vasive m aps for Ar an a Gu lch fr om t h e biologist s wer e h elpfu l ● Six- h our schedule provides enough tim e for leader to prep and perform adm inistrative tasks
● Weath er was great. Not too m an y h ot days.

8.15 Challenges
● We didn’ t fill the roster. M ore youth m eans m ore work getting done ● Should have con sulted on in itial tool purchase to avoid un n ecessary tools ● Tool trailer organization was never com pleted
● Need a vehicle or door m agnets to avoid questions from park users ● On ly cr ew leader can u se power t ools wh ich cr eat es a backu p wh en br u sh in g ● COVID st r u ck t h e cr ew sever al t im es
● Con flict wit h ch ain saw t r ain in g
● Jessie St r eet Mar sh appr oval n ever obt ain ed
● Project m aterials were delayed or n ever arrived (Split rail, posts, sign posts, an d signs)
● Disappoin tin g wh en Sycam ore Grove was van dalized 8.16 Improvements for 2023
● Spread the word about the opportunity so we can fill and diversify the roster ● Let th e youth use power tools
● Provide m ore educational opportunities, particularly at the start of the program :
trail plan n ing an d design as well as con struction an d m ain ten ance ● Iden tify projects early en ough so that n otices can be sen t out, approvals can be obtained, and m aterials can be ordered

8.17 Finances
Employee Hours Total Cost
Summer Youth Crew Lead 320 $12,480.00
Stewardship Coordinator 10.5 $462.00
Program Manager 24 $1,248.00
City of Santa Cruz Payment -$5,197.00
Total Amount Invested by SCMTS in 2022: $8,993.00

8.18 We want to thank the City of Santa Cruz Parks and Recreation t eam for par t n erin g wit h SCMTS an d m akin g t h is pr ogr am possible! Plu s a HUGE t h an ks t o t h e Su m m er You t h Tr ail Cr ew, Loic, Jaiden , West , an d Qu in n !

8.19 Thank You!
Em m a Ussat, Trails Program Director
em m [email protected]

8.20 City Manager’s Report
October 11, 2022

10.1 San Lorenzo Park Restoration
and Benchlands Closures
• Closures are complete for Zones 1, 2, 3, 4 and 9 (9 zones total)
 40 people accepted shelter at the Armory
 171.51 tons of refuse removed as of Oct 7
• Zone 4 closed October 5, with clean-up ongoing
• October 11:
 Closure of Zone 5a
 Noticing of Zone 5b for closure on October 18
• Other impacts being felt

10.2 San Lorenzo Park Restoration
and Benchlands Closure
Zone 4 Before Clean-up Zone 3 After Clean-up

10.3 San Lorenzo Park Restoration and Benchlands Closure ©David Sievert, Airphoto Designs 10.4
Water Street Bridge Remembrance
• Remembrance for 1877 lynching at Water St Bridge
• Ad Hoc Committee – Mayor forming – comprised of local historians
• Timing – over the next three months:
 Review the historical record
 Engage with community stakeholders
 Return with a recommendation to Council in January
• Interested community members: Be on the lookout for
opportunities to engage

10.5 Fire Department
Wildfire Resiliency Outreach and Education
• Outreach/education in open spaces (Fire, Police, Parks & Rec):
 1st Round – June
 2nd Round – October 4 – Moore Creek, Arana Gulch and lower Delaveaga Park
 3rd Round – date TBA – Pogonip
• Wildfire resiliency events:
 October 9 – with Highland and Prospect Heights Firewise Groups  October 18 – Community Town Hall – open spaces, wildland fire preparedness and evacuation plans/drills
6:30–8:00pm at Delaveaga Elementary

10.6 Farmer’s Market
• Farmer’s Market  City Partnership
• Farmer’s Market to remain downtown
 Multiple viable sites
 Temporary and permanent
• Memorandum of Understanding (MOU) final draft in process

10.7 Upcoming Affordable Housing Projects
• Cedar Street Family Apartments =>
• Pacific Station South
• Pacific Station North
• 314 Jessie Street
• 415 Natural Bridges Dr
• Downtown Library Affordable
Housing Project

10.8 10.9
City Manager’s Report
October 11, 2022

10.10 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 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
November 29 Council Chambers/Zoom Special Meeting ‐ Open to the Public December 18/19
Council Chambers/Zoom Closed Session ‐ Closed to the Public Council Chambers/Zoom Council Regular Meeting ‐ Open to the Public December 25
December 27 Meeting Cancelled ‐ CITY COUNCIL DARK
City Hall Closure ‐ Christmas Day
Hanukkah (City observed ‐ sundown to sundown)
November 15
October 25
City Hall Closure ‐ Veteran's Day (observed)
December 13
City Hall Closure ‐ Thanksgiving Day
City Hall Closure ‐ Day After Thanksgiving Day
City Council Meeting Calendar for 2022
Please note: Meeting times are not final and are likely to change

11.1 City Council

AGENDA REPORT
DATE: 09/29/2022
AGENDA OF: 10/11/2022
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. The omicron BA.5 remains the dominant variant in California and throughout the United States.

On February 25, 2022 and June 17, 2022, as a result of vaccinations rates among Californians and the release of the Governor’s SMARTER Plan, the Governor again rescinded a number of restrictions he had instituted to reduce the spread of COVID-19. The Governor did not rescind the proclamation of the State of Emergency he issued on March 4, 2020.

Positive cases and hospitalizations continue to fluctuate, with variants of the virus demonstrating the nature of the pandemic is unpredictable and transmission rates have the potential to rise quickly. Further, variants of the virus continue to emerge, 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,

12.1 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, 2021, February 8, 2022, March 22, 2022, May 10, 2022, June 28, 2022, and August 23, 2022, by adopting Resolution Nos. NS-29,884, NS-29,898, NS-29,924, NS-29,941, NS-29,973, NS30,006, and NS-30,027.

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 December 10, 2022.

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

12.2 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, February 25, 2022 and June 17, 2022, in response to declining COVID-19 case counts and hospitalizations, and percentage of vaccinated Californians, 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 continues to contribute to positive cases and hospitalizations locally and throughout the State of California; and WHEREAS, positive cases and hospitalizations continue to fluctuate with variants of the virus demonstrating the nature of the pandemic is unpredictable and transmission 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, and further extended the emergency Resolution Nos. NS-29,884 adopted at its regular meeting of November 9, 2021, Resolution No. NS-29-898 on December 14, 2021, Resolution No. NS-29,924, on February 8, 2022, Resolution No. NS-29,941 on March 22, 2022, Resolution No. NS-29,973 on May 10, 2022, Resolution No. NS-30,006 on June 28, 2022, and Resolution No. NS-30,027 at its regular meeting of August 23, 2022, 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

12.3 RESOLUTION NO. NS-XX,XXX
2 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, at its regular meeting of March 22, 2022 by Resolution No. NS-29,941, at its regular meeting of May 10, 2022 by Resolution No. NS-29,973, at its regular meeting of June 28, 2022 by Resolution No. 30,006, and at its regular meeting of August 23, 2022 by Resolution No. 30,027 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 11th day of October 2022, by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

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

12.4 City Council

AGENDA REPORT
DATE: 09/29/2022
AGENDA OF: 10/11/2022
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, March 22, 2022, May 10, 2022, June 28, 2022, and August 23, 2022, the

13.1 Council adopted Resolution Nos. NS-29,885, NS-29,899, NS-29-925, NS-29-940, NS-29-974, NS-30,007, and NS-30,026, 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 December 10, 2022.

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

Prepared By:

Stephanie Duck
Deputy City Attorney
Submitted By:

Tony Condotti
City Attorney
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. RESOLUTION.DOCX

13.2 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

13.3 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, at its May 10, 2022 regular meeting, the City Council adopted Resolution No. NS-974, extending the declaration of emergency for another 60 days; and WHEREAS, at its June 28, 2022 regular meeting, the City Council adopted Resolution No. NS-30,007, extending the declaration of emergency for another 60 days; and

13.4 RESOLUTION NO. NS-XX,XXX
3 WHEREAS, at its August 23, 2022 regular meeting, the City Council adopted Resolution No. NS-30,028, extending the declaration of emergency for another 60 days; and WHEREAS, although the CZU Lightning Complex fire has been contained, areas of open space, including Pogonip and Sycamore Grove remain in a an extremely dry and fire prone condition, making the risk of wildfire caused by campfires associated with illegal encampments particularly grave; and
WHEREAS, the risk of severe wildfire is further exacerbated by current serious drought conditions and decreasing water supply; and
WHEREAS, based on the foregoing, the City’s emergency response to the CZU Lightning Complex fire will likely be ongoing; 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, March 22, 2022, May 10, 2022, June 28, 2022, and August 23, 2022, by Resolution Nos. NS-29,885, NS-29,899, NS29,925, NS-29,940, NS-29-974, NS-30,007, and NS-30,026, 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.

13.5 RESOLUTION NO. NS-XX,XXX
4 PASSED AND ADOPTED this 11th day of October, 2022 by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

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

13.6 City Council

AGENDA REPORT
DATE: 09/29/2022
AGENDA OF: 10/11/2022
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 September 20, 2022), https://www.cdph.ca.gov/Programs/CID/DCDC/Pages/COVID-19/guidance-for-face-coverings.aspx.

14.1 Officer strongly recommend that all individuals continue to wear masks in indoor public settings.3
The highly transmissible omicron variant continues to contribute to positive cases and hospitalizations locally and throughout the State. Additionally, other variants of COVID-19 exist, and it is unknown at this time whether other variants may result in a new surge in COVID19 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, April 12, 2022, May 10, 2022, May 24, 2022, June 14, 2022, June 28, 2022, August 9, 2022, August 23, 2022, and September 13, 2022, the City Council adopted Resolution Nos. NS-29,886, NS29,894, NS-29,900, NS-29,915, NS-29,923, NS-29,933, NS-29,942, NS-29,954, NS-29,975, NS-29,987, NS 29,994, NS-30,005, NS-30,017, NS-30,028 and NS-30,035, 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) 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.

See also, BAY AREA HEALTH OFFICERS URGE PUBLIC TO TAKE PRECAUTIONS AS COVID LEVELS RISE (May 13, 2022),
https://www.santacruzhealth.org/Portals/7/pdfs/Coronavirus/ABAHOMaskRecommendationENG.05132022.pdf. 4 Cal. Gov’t Code § 54953(e)(3).

14.2 RESOLUTION NO. NS-XX,XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ 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, April 12, 2022, May 10, 2022, May 24, 2022, June 14, 2022, June 28, 2022, August 9, 2022, August 23, 2022, and September 13, 2022, the City Council adopted Resolution Nos. NS-29,886, NS-29,894, NS-29,900, NS29,915, NS-29,923, NS-29,933, NS-29,942, NS-29,954, NS-29,975, NS-29,987, NS-29,994, NS-30,005, NS-30,017, NS-30,035, and 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

14.3 2
WHEREAS, the State of Emergency proclaimed by the Governor on March 4, 2020, remains in effect; and
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, the highly contagious omicron variant continues contribute to the increase in positive cases and hospitalizations locally and throughout the State of California, demonstrating the unpredictable nature of the pandemic, and that transmission rates have the potential to rise quickly; and
WHEREAS, other variants of COVID-19 exist, including an Omicron subvariant, BA.5, 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 in a hybrid format, providing both in-person and virtual participation; 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.

14.4 3
PASSED AND ADOPTED this 11th day of October, 2022 by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

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

14.5 City Council

AGENDA REPORT
DATE: 09/29/2022
AGENDA OF: 10/11/2022
DEPARTMENT: City Attorney
SUBJECT: Resolution Rescinding all but the Uncontested Portions of the Santa Cruz Wharf Master Plan and Environmental Impact Report (CA)
RECOMMENDATION: Resolution rescinding all but the uncontested portions of the Santa Cruz Wharf Master Plan and Environmental Impact Report in Resolution Nos. NS-29,747 and NS-29,748.

BACKGROUND: On November 24, 2020, the City Council considered approval of a Wharf Master Plan (Plan) and a Final Environmental Impact Report (EIR). The EIR reviewed the impacts of both the implementation of the Wharf Master Plan, as well as construction of the first two projects to be implemented pursuant to the Plan, the Entry Gate Relocation, and the East Promenade. Resolution No. NS-29,747 certified the EIR and, Resolution No. NS-29,748 approved the Wharf Master Plan, while also adopting Exhibit A Findings of Fact and Exhibit B Mitigation Monitoring Reporting Program (MMRP). As part of Resolution No. NS-29,748 the City Council directed a filing of a Notice of Determination commencing a 30-day statute of limitations for any challenges based on alleged non-compliance with the California Environmental Quality Act (CEQA).

DISCUSSION: On December 29, 2020, Don’t Morph the Wharf! filed a lawsuit against both the City of Santa Cruz and City Council challenging the EIR certification and the approval of the Wharf Master Plan. On February 18, 2022, the Superior Court for the County of Santa Cruz held that the City failed to follow CEQA in approving the Wharf Master Plan and EIR and ordered the City to set aside its previous approvals. Specifically, the Court ruled that the City had not sufficiently studied the potential impacts of the Wharf Master Plan on recreation or recreational land use policies, including potential impacts to fishing and removal or relocation of the “sea lion viewing holes.” The Court also required the City to revise the Findings of Fact resolution to ensure consistency and to clearly cite its rationale for selection of the preferred alternative from among those allowed under CEQA.

In a Writ of Mandamus issued on March 9, 2022, the Court specifically directed that the City Council rescind its approval of Resolution No. NS-29,747 (in which the City Council certified the EIR), and Resolution No. NS-29,748, (in which the City Council approved the Wharf Master Plan and adopted the Findings of Fact in Exhibit A and the MMRP in Exhibit B). The Court also specified that despite rescinding the Resolutions, the City may proceed with certain discrete components of the Wharf Master Plan, (herein after referred to as “uncontested components”):
(1) Pursuit of time-sensitive opportunities to acquire funding or further approvals for, and

15.1 implementation of, relocation and construction of the entry gate; (2) replacement of 5% of Wharf piles as directed by the Plan, including those located under the demolished Miramar restaurant; (3) improvements to the asphalt pavement and substrate; (4) improvements to the trash collection system; and (5) enlargement and Americans with Disabilities (ADA) compliance for 3 public restrooms.

Moving forward, the Court also ordered the City to file a Preliminary Peremptory Writ Return once the Resolutions are rescinded, and a Final Peremptory Writ once the EIR is revised in compliance with CEQA.

To bring the EIR into compliance, staff is working with the City’s Environmental Consultant, Dudek, and counsel to revise the EIR, including preparation of a chapter evaluating potential recreational impacts. The Revised EIR is expected to be circulated for public comment by the end of 2022.

FISCAL IMPACT: No significant fiscal impact is associated with the proposed Council action.

Prepared By:

Monica Hammer
Deputy City Attorney
Submitted By:

Tony Condotti
City Attorney
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. RESOLUTION.DOCX

2. AGENDA REPORT (002)_RECISSION_ED COMMENTS LKS.DOCX

15.2 RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ

RESCINDING THE WHARF MASTER PLAN AND ENVIRONMENTAL IMPACT REPORT

EXCEPT FOR CERTAIN UNCONTESTED COMPONENTS
WHEREAS, the Santa Cruz Wharf was constructed in 1914 and is an iconic recreational destination, home to more than 25 businesses and important to wildlife; and WHEREAS, the Wharf and its development is governed by the standards and guidelines contained in Municipal Code Title 14, the Harbor and Wharf Ordinances; and WHEREAS, a Wharf Master Plan and Engineering Report was developed in 2014 to create a long-term sustainable plan to balance the social, environmental, and economic needs of the Wharf; and
WHEREAS, the City Council authorized an Environmental Impact Report (EIR) in to accompany the Wharf Master Plan which was issued on September 10, 2020; and WHEREAS, the City Council adopted two separate resolutions in which Resolution No.

NS-29,747 certified the Final EIR and Resolution No. NS-29,748 approved the Wharf Master Plan, Exhibit A Findings of Fact, and Exhibit B Mitigation Monitoring and Reporting Program (MMRP); and
WHEREAS, the City Council made a motion to approve the Wharf Master Plan Resolution No. NS-29,747 and EIR Resolution No. NS-29,748 with language added to both resolutions that in the event of a legal challenge, the parts of the EIR which are valid shall be severable from those parts found invalid and remain in full force and effect; and WHEREAS, on November 24, 2020, the City Council approved Resolution No. NS-29,747 and Resolution No. NS-29,748; and
WHEREAS, on December 29, 2020, a lawsuit was filed by Don’t Morph the Wharf challenging the project’s EIR and related approvals for the Wharf Master Plan under the California Environmental Quality Act (CEQA); and
WHEREAS, on February 18, 2022, the court held that the City failed to follow the requirements of CEQA when it approved Resolution No. NS-29,747 and Resolution No. NS29,748; and WHEREAS, the court issued a Peremptory Writ of Mandamus commanding the City Council void Resolution No. NS-29,747 and Resolution No. NS-29,748; and WHEREAS, notwithstanding the Peremptory Writ of Mandamus commanding the City Council to void Resolution Nos. NS-29,747 and NS-29, 747, the court allowed certain uncontested components of the Wharf Master Plan (“uncontested components”) to move forward, specifically:

15.3 RESOLUTION NO. NS2
(1) pursuit of time-sensitive opportunities to acquire funding or further approvals for, and implementation of, relocation and construction of the entry gate; (2) replacement of 5% of Wharf piles as directed by the Plan, including those located under the demolished Miramar restaurant; (3) improvements to the asphalt pavement and substrate; (4) improvements to the trash collection system; and (5) enlargement and ADA compliance for 3 public restrooms; and WHEREAS, the court has ordered that the City to rescind its approval of Resolution No.

NS-29,747 and Resolution No. NS-29,748 as it pertains to all but the uncontested components memorialized in the Peremptory Writ of Mandamus.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Cruz, that Resolution Nos. NS-29,747 and NS-29,748 are hereby rescinded, but for the uncontested components memorialized in the Peremptory Writ of Mandamus which shall remain in full force and effect.

PASSED AND ADOPTED this 11th day of October, 2022, by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

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

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

MINUTES OF A CITY COUNCIL SPECIAL MEETING
September 22, 2022
6:00 PM
Call to Order – Vice Mayor Watkins called the meeting to order at 6:01 p.m. via Zoom and in Council Chambers.

Roll Call

Present: Councilmembers Kalantari-Johnson, Golder (arrived at 6:13 p.m.), Cummings, Brown (arrived at 6:03 p.m., via Zoom), Meyers; Vice Mayor Watkins.

Absent: Mayor Brunner.

Staff: City Manager M. Huffaker, Assistant City Manager L. Schmidt (via Zoom), City Attorney T. Condotti, Director of Finance E. Cabell (via Zoom), Director of Public Works M. Dettle (via Zoom), Fire Chief R. Oatey (via Zoom), Transportation Planner C. Gallogly (via Zoom), Director of Economic Development B. Lipscomb (via Zoom), Director of Planning and Community Development L. Butler (via Zoom), City Clerk Administrator B. Bush.

General Business

1. Report of Effect for the Our Downtown, Our Future Initiative (Measure O) (PL/ED)
Kathe Head, President of Keyser Marston Associates, gave a presentation and responded to Councilmember questions.

City Attorney T. Condotti responded to Councilmember questions.

Transportation Planner C. Gallogly responded to Councilmember questions.

Director of Planning and Community Development L. Butler responded to Councilmember questions.

Director of Economic Development B. Lipscomb responded to Councilmember questions.

16.1 September 22, 2022 CITY COUNCIL SPECIAL MEETING MINUTES 6225 General Business (continued)

1. Report of Effect for the Our Downtown, Our Future Initiative (Measure O) (PL/ED)(continued)
Vice Mayor Watkins opened the public comment period. The following people spoke.

Zachary Davis, Santa Cruz Downtown Association
Janis O’Driscoll, Friends of Santa Cruz Public Libraries Matt Farrell, Santa Cruz for Real Library and Housing Solutions Don Lane, Housing for Santa Cruz County
Rick Longinotti, Campaign for Sustainable Transportation John Hall, Our Downtown, Our Future
Carol Fuller, Democratic Women’s Club of Santa Cruz County Amelia Conlen
Whitney Ramos, Santa Cruz County Business Council
Judi Grunstra
Rena Dubin
Unidentified person
Unidentified person
Kyle Kelley
Lira Filippini
Alyssa Kroeger, Monterey Bay Economic Partnership
Unidentified person
Grace Stetson
Vice Mayor Watkins closed the public comment period.

MOTION: Councilmember Meyers moved, seconded by Councilmember Golder, to accept the report on the effects of the Our Downtown, Our Future (Measure O) initiative.

FRIENDLY AMENDMENT: Councilmember Brown requested to add that Council also accept the Measure O supplement report as an additional basis for considering the impact of the measure. Councilmember Meyers did not accept.

ACTION: The motion carried with the following vote.

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

NOES: Councilmember Brown.

ABSENT: Mayor Brunner.

DISQUALIFIED: None.

16.2 September 22, 2022 CITY COUNCIL SPECIAL MEETING MINUTES 6226 Adjournment - The City Council adjourned at 8:21 p.m.

Respectfully Submitted:

Julia Wood, Deputy City Clerk Administrator
Attest:

Bonnie Bush, City Clerk Administrator
Approved:

Sonja Brunner, Mayor

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

MINUTES OF A CITY COUNCIL MEETING
September 27, 2022
12:00 PM
Mayor Brunner opened the City Council Closed Session at 12:00 p.m. in a public meeting in Council Chambers and via Zoom, for the purpose of announcing the agenda, and receiving public testimony.

Roll Call

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

Absent: None.

Staff: City Manager M. Huffaker, Assistant City Manager L. Schmidt, City Attorney T. Condotti, Deputy City Manager/Human Resources Director L. Murphy, Director of Planning and Community Development L. Butler, Director of Information Technology K. Morgan, Finance Director E.

Cabell, Deputy City Clerk Administrator J. Wood, City Clerk Administrator B. Bush.

Public Comment
Mayor Brunner opened the public comment period at 12:02 p.m. The following people spoke:

Ken Bare spoke regarding item 1.

Jennie Munster spoke regarding item 1.

Josh spoke regarding item 1.

Iseth Rae spoke regarding item 1.

Trèmain Hedden-Jones spoke regarding item 1.

Unidentified person spoke regarding item 1.

Olivia Martinez spoke regarding item 1.

17.1 September 27, 2022 CITY COUNCIL MINUTES 6228
Public Comment (continued)
Michael Moore spoke regarding item 1.

Unidentified person spoke regarding item 1.

Joe Thompson spoke regarding item 1.

Unidentified person spoke regarding item 1.

Connor spoke regarding item 1.

Mayor Brunner closed the public comment period at 12:30 p.m., at which time the meeting was closed to the public and Council adjourned to the Courtyard Conference Room.

Closed Session

1. Conference with Labor Negotiators (Government Code §54957.6) SEIU Temporary Employees
SEIU Service Employees
Supervisors, OE3
City Negotiator - Lisa Murphy
Council received a status report from the City Negotiator and took no reportable action.

2. Public Employee Performance Evaluation (Government Code §54957) 1) City Manager
2) City Attorney
Council received a status report and took no reportable action.

17.2 September 27, 2022 CITY COUNCIL MINUTES 6229
Closed Session (continued)

3. Conference With Legal Counsel – Liability Claims (Government Code §54956.95)
1) Claimant: Jose A. Talamantes Haro
2) Claimant: Serafin G. Ruiz
Claims against the City of Santa Cruz
Council received a status report, took up under agenda item 12, and took no reportable action.

4. 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.

5. Conference with Legal Counsel - Existing Litigation (Government Code §54956.9(d)(1))
City of Santa Cruz v. Regents of the University of California, et al. (Santa Cruz County Superior Court Case No. 22CV00373)
Council received a status report, gave direction, and took no reportable action.

17.3 September 27, 2022 CITY COUNCIL MINUTES 6230
City of Santa Cruz
809 Center Street
Santa Cruz, California 95060

MINUTES OF A CITY COUNCIL MEETING
September 27, 2022
2:30 PM
Call to Order – Mayor Brunner called the meeting to order at 2:34 p.m. in Council Chambers.

Roll Call

Present: Councilmembers Kalantari-Johnson (left at 6:28 p.m.), Golder, 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 Economic Development B. Lipscomb (via Zoom), Fire Chief R. Oatey, Deputy Fire Marshal T. Shields, Chief of Police B. Escalante (via Zoom), Director of Planning and Community Development L. Butler (via Zoom), Finance Director E. Cabell (via Zoom), Deputy City Manager/Human Resources Director L. Murphy (via Zoom), Water Director R. Menard (via Zoom), Director of Parks and Recreation T. Elliot (via Zoom), Director of Information Technology K.

Morgan (via Zoom), Director of Public Works M. Dettle, Principal Management Analyst B. Borguno (via Zoom), Principal Management Analyst E. Nguyen, Deputy City Clerk Administrator J. Wood, City Clerk Administrator B. Bush.

Mayor Brunner called for a moment of silence regarding the protests happening in Iran following the death of Mahsa Amini. Councilmember Kalantari-Johnson read a statement regarding the protests and requested it be agendized for Council to make a statement at the next Council meeting.

Presentations

6. Downtown Library and Affordable Housing Project Quarterly Update Director of Economic Development B. Lipscomb and Principal Management Analyst B. Borguno gave a presentation and responded to Councilmember questions.

17.4 September 27, 2022 CITY COUNCIL MINUTES 6231
Presentations (continued)

7. Unified Animal Model Ordinance Update
Erika Smart, Interim General Manager and Todd Stosuy, Field Services Manager with Santa Cruz County Animal Shelter, provided Council with an overview of the updates to the Unified Animal Ordinance. Assistant City Manager L. Schmidt spoke.

8. Fire Prevention Week
Fire Chief R. Oatey and Deputy Fire Marshal T. Shields gave a presentation on Fire Prevention Week.

Presiding Officer's Announcements
Statements of Disqualification – None.

Additions and Deletions – None.

City Attorney Report on Closed Session – See pages 6228-6229 for the report.

Council Meeting Calendar

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

17.5 September 27, 2022 CITY COUNCIL MINUTES 6232
Council Memberships in City Groups and Outside Agencies

10. The Presiding Officer provided Councilmembers with the opportunity to update Council on any external committee meetings that occurred since the last Council meeting
Councilmember Golder: Public Safety Committee.

Councilmember Meyers: Central Coast Community Energy Policy Board, Santa Cruz Metropolitan Transit District Board (METRO).

Councilmember Cummings: Climate Action Task Force.

Councilmember Brown: Santa Cruz County Regional Transportation Commission (RTC), Association of Monterey Bay Area Governments (AMBAG).

Vice Mayor Watkins: Health in All Policies.

Councilmember Kalantari-Johnson: Santa Cruz Metropolitan Transit District Board (METRO).

Mayor Brunner: Health in All Policies, Visit Santa Cruz County.

Consent Agenda
Councilmembers Brown and Cummings made a comment on item 15.

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

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

ACTION: The motion carried with the following vote.

AYES: Councilmembers Kalantari-Johnson, Golder, Cummings, Brown (with the exception of item 15), Meyers; Vice Mayor Watkins; Mayor Brunner.

NOES: Councilmember Brown (item 15).

ABSENT: None.

DISQUALIFIED: None.

17.6 September 27, 2022 CITY COUNCIL MINUTES 6233
Consent Agenda (continued)

11. Minutes of the September 13, 2022 City Council Meeting (CC) Motion carried to approve as submitted.

12. Liability Claims Filed Against the City of Santa Cruz (FN) Motion carried to reject the liability claims of a) Jose A. Talamantes Haro and b) Serafin G. Ruiz, based on staff recommendation.

13. Fire Management Employee Association Tentative Agreement for a Successor Memoranda of Understanding (HR)
Resolution No. NS-30,043 was adopted approving a tentative agreement with the Fire Management Employee Association.

14. City of Santa Cruz Firefighters IAFF Local 1716 Tentative Agreement for a Successor Memoranda of Understanding (HR)
Resolution No. NS-30,044 was adopted approving a tentative agreement with the City of Santa Cruz Firefighters IAFF Local 1716.

15. Executive Employees Compensation and Benefits Plan (HR) Resolution No. NS-30,045 was adopted approving the Compensation and Benefits Plan for Executive Unrepresented Employees.

16. Mid-Management Association of the City of Santa Cruz Tentative Agreement for a Successor Memorandum of Understanding (HR)
Resolution No. NS-30,046 was adopted approving a tentative agreement with the Mid-Management Association of the City of Santa Cruz effective September 17, 2022 through August 29, 2025.

17.7 September 27, 2022 CITY COUNCIL MINUTES 6234
Consent Agenda (continued)

17. Caterpillar 325 Excavator – Award Contract (PW)
Motion carried to approve the purchase from the Refuse Fund of one Caterpillar 325 Excavator in the amount of $327,000.00 from Peterson Tractor Co. (San Leandro, CA).

18. San Lorenzo River Lagoon Culvert Project Grant Forbearance Agreement (PW) Motion carried to approve the Forbearance Agreement by and between the Resource Conservation District of Santa Cruz County and the City of Santa Cruz, which is a condition of the grant agreement funding the San Lorenzo River Lagoon Culvert Project (c601403), and authorize the City Manager to execute the agreement in a form approved by the City Attorney.

19. Striping Improvements at Atlantic Avenue and La Fonda Avenue (m400029) (PW)
Motion carried to approve the design and installation of traffic striping at Atlantic Avenue (between Seabright Avenue and 4th Avenue) and La Fonda Avenue (between Holway Drive and Soquel Avenue).

20. Santa Cruz Mid-County Groundwater Agency Sustainable Groundwater Management Grant – Local Project Sponsor Agreement (WT) Motion carried authorizing the City Manager to execute a Local Project Sponsor Agreement between the Santa Cruz Mid-County Groundwater Agency (Grantee) and the City of Santa Cruz (Local Project Sponsor) for the Department of Water Resources Sustainable Groundwater Management Act Implementation Grant in a form approved by the City Attorney and authorize the City to proceed with the work contemplated in the Local Project Sponsor Agreement within the specified grant-approved amounts.

17.8 September 27, 2022 CITY COUNCIL MINUTES 6235
Consent Agenda (continued)

21. Intertie 1: Santa Cruz-Scotts Valley – Award of Professional Services Agreement (WT)
Motion carried authorizing the City Manager to execute an agreement in a form to be approved by the City Attorney with Kennedy Jenks (Santa Clara, CA) for Engineering Design Services for the Intertie 1: Santa Cruz-Scotts Valley Project and to authorize the Water Director to execute future contract amendments within the approved budget.

End Consent Agenda
General Business

22. Single-Use Tobacco Waste (CM)
Principal Management Analyst E. Nguyen introduced the item.

Tara Leonard, Health Educator with the County of Santa Cruz, gave a presentation and responded to Councilmember questions.

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

Taylor Lane
Allison Webster
Erica Donnely-Greenan
Unidentified person
Madison Hickey
Trent Hodges
Rachel Kippen
Unidentified person
Mayor Brunner closed the public comment period.

17.9 September 27, 2022 CITY COUNCIL MINUTES 6236
General Business (continued)

22. Single-Use Tobacco Waste (CM) (continued)
MOTION: Vice Mayor Watkins moved, seconded by Councilmember Meyers, to:
 Receive an informational tobacco product waste presentation from the County of Santa Cruz, commentaries by local stakeholders, and provide staff direction on the next steps; and
 Establish and direct work to the Health in All Policies (HiAP) Subcommittee to bring back recommendations to Council at a meeting in April with an update.
 Direct staff to join the State workgroup addressing the economic model associated with tobacco waste.

FRIENDLY AMENDMENT: Councilmember Cummings requested to include the following:
 Establish a tobacco product waste task force consisting of the Health in All Policies (HiAP) Subcommittee, or an ad-hoc subcommittee if the current workload for the HiAP is too great, and interested committee stakeholders, which may include but is not limited to representatives of the Cigarette Surfboard, Save the Waves, Save Our Shores, Surfrider Foundation, Oceana, Santa Cruz County Tobacco Education and Prevention, and other interested stakeholders to work on banning the sale of single-use filtered tobacco cigarettes.
 Convene the subcommittee (HIAP and/or the assigned ad-hoc committee), staff, and stakeholders group by no later than mid-November to begin discussions and establish a timeline for future meetings.  Bring back an item to the Council by no later than the second meeting in February 2023 outlining a process and timeline for community outreach, stakeholder engagement, and ordinance development.

Vice Mayor Watkins did not accept.

17.10 September 27, 2022 CITY COUNCIL MINUTES 6237
General Business (continued)

22. Single-Use Tobacco Waste (CM) (continued)
After discussion, Vice Mayor Watkins amended the motion to include the following:
 Direct the HiAP Committee to review the Cigarette Surfboard recommendation, as well as the other recommendations presented in the agenda packet, at their November meeting.

Councilmember Meyers accepted.

FRIENDLY AMENDMENT: Mayor Brunner requested to direct the HiAP Committee to return in February with an outline and identified stakeholder groups who would be working with staff and the HiAP subcommittee that can work together on moving forward with this topic. Vice Mayor Watkins and Councilmember Meyers accepted.

SUBSTITUTE MOTION: Councilmember Cummings moved, seconded by Councilmember Brown, to:
 Establish a tobacco product waste task force consisting of the Health in All Policies (HiAP) Subcommittee, or an ad-hoc subcommittee if the current workload for the HiAP is too great, and interested committee stakeholders, which may include but is not limited to reps of the Cigarette Surfboard, Save the Waves, Save Our Shores, Surfrider Foundation, Oceana, Santa Cruz County Tobacco Education and Prevention and other interested stakeholders to work on banning the sale of single-use filtered tobacco cigarettes.
 Convene the subcommittee (HIAP and/or the assigned ad-hoc committee), staff, and stakeholder group by no later than mid-November to begin discussions and establish a timeline for future meetings.  Bring back an item to the Council by no later than the second meeting in February 2023 outlining a process and timeline for community outreach, stakeholder engagement, and ordinance development.

17.11 September 27, 2022 CITY COUNCIL MINUTES 6238
General Business (continued)

22. Single-Use Tobacco Waste (CM) (continued)
ACTION: The motion to accept the substitute motion failed 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 unanimously with the following vote.

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

NOES: None.

ABSENT: None.

DISQUALIFIED: None.

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

Oral Communications
At 6:29 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.

Greta Mitchell spoke, requesting the time parking time limits surrounding the Santa Cruz High School be extended from 2 hours to 8 hours.

Milan spoke, requesting the street parking surrounding Santa Cruz High School be extended from a 2-hour limit to an 8-hour limit.

Unidentified person spoke regarding the rainbow pride flags flying outside the Civic Auditorium beyond the month of June.

Michelle Li spoke in support of a Historical Marker being installed on the Water Street Bridge honoring Francisco Arias and Jose Chamales.

Unidentified person spoke regarding installing a historical marker to acknowledge the lynching of Francisco Arias and Jose Chamales.

17.12 September 27, 2022 CITY COUNCIL MINUTES 6239
Oral Communications (continued)
Unidentified person spoke regarding a caller using an antisemitic slur, and requested Council not allow this to continue moving forward.

Corinne Steven spoke regarding street parking near Santa Cruz High School.

Lucy Clow spoke regarding the street parking near Santa Cruz High School.

Robert Norse spoke regarding the Benchlands encampment.

Ray Diaz spoke regarding the lynching of Francisco Arias and Jose Chamales and requested the installation of the historical marker on the Water Street Bridge.

Zennon Ulyate-Crowe spoke regarding the installation of the community historical marker on the Water Street Bridge in memorial of Francisco Arias and Jose Chamales.
[Unintelligible] Wilkerson spoke regarding the installation of the community marker on the Water Street Bridge honoring Francisco Arias and Jose Chamales.

At 6:49 p.m. Mayor Brunner closed Oral Communications.

Mark Dettle responded to Councilmember questions.

MOTION: Councilmember Cummings moved, seconded by Councilmember Brown, to agendize an item prior to the December 13th meeting to address weekday parking issues around Santa Cruz High School.

ACTION: The motion carried with the following vote.

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

NOES: None.

ABSENT: Councilmember Kalantari-Johnson.

DISQUALIFIED: None.

Adjournment - The City Council adjourned at 6:59 p.m.

17.13 September 27, 2022 CITY COUNCIL MINUTES 6240
Respectfully Submitted:

Julia Wood, Deputy City Clerk Administrator
Attest:

Bonnie Bush, City Clerk Administrator
Approved:

Sonja Brunner, Mayor

17.14 City Council

AGENDA REPORT
DATE: 10/03/2022
AGENDA OF: 10/11/2022
DEPARTMENT: City Council
SUBJECT: Resolution Supporting the Rights of the People of Iran to Free Expression and Standing in Solidarity with the Women and People of Iran (CN) RECOMMENDATION: Resolution supporting the women and people of Iran and their rights to free expression.

BACKGROUND: On September 16, 2022, 22-year old Mahsa Amini died after sustaining injuries while in police custody for alleged violations of Iran’s oppressive dress code. These dress codes impose on women strict requirements not applied to men, and expose even conservatively dressed women to the arbitrary whims and notorious brutality of Iran’s security services. In killing Mahsa, the Iranian government is implying that dress code is more valuable than the life of a woman.

DISCUSSION: The violent and overly aggressive response of Iran’s security services to the protests against Mahsa Amini’s death, which at last report had resulted in a minimum of 130 deaths and countless injuries and arrests is shocking and saddening.

It is important to note that my body, my choice goes both ways: Bodily autonomy is a human right whether a woman chooses to wear the hijab or not. It should be her personal decision. Let it be known that the regime is not a reflection of Islam, but a reflection of abuse of power. The women in Iran deserve better.

The Santa Cruz City Council stands in solidarity with the courageous people in Iran protesting.

FISCAL IMPACT: None.

Submitted By:

Shebreh Kalantari-Johnson
Councilmember
Submitted By:

Martine Watkins
Vice Mayor
Submitted By:

Sonja Brunner
Mayor
ATTACHMENTS:

1. RESOLUTION.DOCX

18.1 RESOLUTION NO. NS,

RESOLUTION SUPPORTING THE RIGHTS OF THE PEOPLE OF IRAN TO FREE

EXPRESSION AND STANDING IN SOLIDARITY WITH THE WOMEN

AND PEOPLE OF IRAN
WHEREAS, protests broke out across Iran after a 22-year-old Iranian woman, Mahsa Amini, died after being arrested by the morality police for violating the Islamic dress code (HEJAB) for women on September 16, 2022; and
WHEREAS, Protesters have taken to the streets in more than 50 cities, towns and villages across Iran and reports indicate that Iranian security forces have used lethal force in arresting thousands and killing upwards of 130 people during the demonstrations; and WHEREAS, Iranian women are at risk of suffering brutality and death for perceived violations of a dress code imposed on them by others; and WHEREAS, Bodily autonomy is a human right whether a woman chooses to wear the hijab or not; and
WHEREAS, The Iranian government has also restricted the internet, cutting access to Instagram and WhatsApp to prevent communication, access to information, freedom of expression to repress the rights of Iranian citizens, journalists, and human rights defenders; and WHEREAS, the Santa Cruz City Council stands with the people of Iran, particularly women, who are engaged in legitimate and peaceful protests against an oppressive and corrupt regime; and
WHEREAS, the Santa Cruz City Council condemns those who have routinely and systematically violated human rights, restricted freedom of peaceful assembly and association and freedom of opinion and expression, including the continuing closures of media outlets, arrests of journalists, and censorship of expression in online forums; and WHEREAS, we call on the Iranian government and security forces to cease their attacks on (and killing of) those protesting Mahsa Amini’s death; for a thorough and unfettered investigation by a trusted international body into the circumstances of her arrest and cause of death, and full accountability for all those determined to have been responsible for Mahsa Amini & the 81 others, and growing, who have subsequently been killed, NOW THEREFORE, BE IT FURTHER RESOLVED, that the Santa Cruz City Council stands in solidarity with the courageous people in Iran protesting.

18.2 PASSED AND ADOPTED this 11th day of October, 2022 by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

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

18.3 City Council

AGENDA REPORT
DATE: 09/29/2022
AGENDA OF: 10/11/2022
DEPARTMENT: Economic Development
SUBJECT: State Permanent Local Housing Allocation (PLHA) Commitment (ED) RECOMMENDATION: Resolution to commit funding from the California State Department of Housing and Community Development (“HCD”) Permanent Local Housing Allocation (PLHA) Program funds in the amount of $676,239 for land acquisition for the Pacific Station South affordable housing project, authorize Economic Development to submit the request for funds (RFF), and authorize the City Manager or Economic Development Director to execute related PLHA documents.

BACKGROUND: In 2017, the State of California passed a 15-bill housing package to address the state’s housing shortage and high housing costs. This included the Building Homes and Jobs Act (SB 2, 2017), which established a $75 recording fee on real estate documents. Seventy percent of these recording fees were to be set aside for a Permanent Local Housing Allocation (PLHA) program. The PLHA program is overseen by the State’s Department of Housing and Community Development (HCD).

The basis for funding allocations to jurisdictions partially depends on whether or not a jurisdiction receives Community Development Block Grant (CDBG) funds directly from the federal Department of Housing and Urban Development (HUD). For these participating jurisdictions, including the City of Santa Cruz, PLHA grants will be allocated annually based proportionally on HUD CDBG funding formulas allocation as a basis through an over-thecounter annual application process. Under these requirements, HCD estimated that total funding for the City over a five-year period would be $1,588,464. The allocation to the City for the first year of 2019 PLHA for FY21 funding was $264,744. The allocation to the City for the second year of 2020 PLHA for FY22 funding was $411,495. The City can apply for a third year of ~$450K of 2021 PLHA funding for FY23 after the first two years are committed in a resolution for a specific use. The remaining funds for years 4 and 5 have yet to be determined, as every year’s allocation depends on the number of real estate transactions and corresponding fees collected in the preceding year.

As part of the PLHA application process, the City submitted an over-the-counter grant application to HCD which included a resolution for approval from the City Council as well as a Council approved 5-year PLHA Plan for use of funds, which were brought to Council on June 23, 2020. The plan allocated the estimated $1.5M of PLHA funds over 5 years for affordable housing construction for the Pacific Station South Redevelopment, Pacific Station North Redevelopment and the Library mixed-use project, with 100% of the funding going to the

19.1 affordable housing construction activity. One of the eligible uses under this activity is land acquisition. The 5-year plan was approved by HCD, which issued an award letter on October 21, 2020.

In order to secure the needed parcels for the Pacific Station South Redevelopment project, the first of the projects to move forward, the City purchased 325 and 329 Front St from the Santa Cruz Seaside Company for $1.8M with funds advanced from the Affordable Housing Trust Fund, with anticipated budgeted revenue from PLHA. This City Council approved purchase was finalized with a closing date of February 1, 2021.

DISCUSSION: In order for HCD to disburse the funds and consider the funds committed, HCD is requiring the exact use and funding amount which was previously allocated in the City’s budget to be specifically committed in a PLHA resolution. While Council previously approved the PLHA application plans with projects and uses identified and approved the land purchase as part of the annual budget process, already budgeted to use PLHA funding, HCD requires a resolution to specify the exact funding amount being requested for disbursement for any projects.

The City’s budget process did not fulfill the HCD requirement because the budget resolution did not call out each expense and funding source in separate resolutions.

Staff recommends that City Council pass the attached resolutions for PLHA to specifically commit the funding and to allow for the funds to be requested from State HCD. This will facilitate the replenishment/repayment of a portion ($676,239) of the $1.8M of funds advanced from the AHTF. This will also allow the City to receive the already budgeted revenue which cannot be drawn without the resolution. Lastly, commitment and use of the funds are necessary for PLHA, as it is a requirement to utilize each year’s funding before subsequent years can be accessed. Once the funds are specifically committed by resolution, the City can apply for the third year of funding under the 5-year plan.

FISCAL IMPACT: There will be no fiscal impact to the City's General Fund with this action.

Land was already purchased on February 1, 2021, with a budget approved by City Council and anticipated revenue from PLHA, budgeted in the Affordable Housing Trust Fund. Through this reimbursement, the City is recouping the already incurred expense from the PLHA funding in order to receive the already budgeted revenue and to bring the AHTF balances further into alignment with anticipated revenue.

Prepared By:

Tiffany Lake
Development Manager
Submitted By:

Bonnie Lipscomb
Director of Economic
Development
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. RESOLUTION TO AUTHORIZE COMMITMENT OF PLHA ALLOCATION.DOCX

19.2 RESOLUTION NO. NSRESOLUTION FOR THE CITY COUNCIL OF THE CITY OF SANTA CRUZ

AUTHORIZING DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

FOR PERMANENT LOCAL HOUSING FUNDING ALLOCATION FOR

PACIFIC STATION SOUTH
WHEREAS, funding has been provided to the State of California (the “State”) Department of Housing and Community Development (“HCD”) to provide up to $195 million under the SB 2 Permanent Local Housing Allocation (“PLHA”) Program Formula Component from the Building Homes and Jobs Trust Fund for assistance to Cities and Counties (as described in Health and Safety Code section 50470 et seq. (Chapter 364, Statutes of 2017 (SB 2)); and
WHEREAS, on June 23, 2020, Council approved the 5 year PLHA plan, submitted to HCD, which budgeted the first 5 years of PLHA funding for Affordable Housing with an approved use for Affordable Housing Development for three sites: Pacific Station South, Pacific Station North and the Library Mixed Use affordable housing projects and the City was authorized and directed to receive the PLHA grant, in an amount not to exceed the five-year estimate of the PLHA formula allocations.

WHEREAS, the City agreed to use the PLHA funds for eligible activities as approved by HCD and in accordance with all Program requirements, Guidelines, other rules and laws, as well as in a manner consistent and in compliance with the Standard Agreement and other contracts between the City and HCD; and
WHEREAS, the City of Santa Cruz City Manager or Economic Development Director were authorized to execute the PLHA Program Application, the PLHA Standard Agreement and any subsequent amendments or modifications thereto, as well as any other documents which were related to the Program or the PLHA grant awarded to the City; and WHEREAS, the City of Santa Cruz, a California Municipal Corporation, (the “City”) applied for PLHA funds and received $264,744 of PLHA 2019 (FY21) funding, and for an additional $411,495 in funding for PLHA 2020 (FY22), and will apply for additional funds for the remaining 3 years of the 5-year plan from PLHA previously estimated by HCD at $1,588,4641 but which may be more or less than this estimate; and WHEREAS, the City has acquired land with closing date of February 1, 2021, for a purchase price of $1.8 million and has committed 2019 and 2020 PLHA funds to partially reimburse this purchase up to $676,239. Funds will go towards the site acquisition for the Pacific Station South Redevelopment affordable housing project (818, 820, 822 Pacific Avenue,

19.3 & 325, 329 Front Street, Santa Cruz CA, 95060) for APNs (005-152-08 and 005-152-22) which will provide new affordable multifamily residential rental housing developments, with 25% of units at each of the following household income levels: 30%, 40%, 50% and 60% Area Median Income (AMI); and
WHEREAS, the City has executed a Land Lease and a Regulatory Agreement for the parcels, restricting the occupancy and rents of the project for a term of at least 55 years.

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

1. The City is committing up to $676,239 of PLHA funds from HCD pursuant to the above referenced land purchase and as outlined in the 5-year PLHA plan approved June 23, 2020 and previously approved for the FY21 budget.

2. The City of Santa Cruz, Economic Development Department is hereby authorized and directed to submit the Requests for Reimbursements to HCD for the PLHA grant(s) for $676,239 of the above referenced land purchase.

3. The City of Santa Cruz City Manager or Economic Development Director are authorized to execute the PLHA Program Application, the PLHA Standard Agreement and any subsequent amendments or modifications thereto, as well as any other documents which are related to the Program or the PLHA grant awarded to the City, as HCD may deem appropriate.

PASSED AND ADOPTED this 11th day of October, 2022, by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

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

19.4 City Council

AGENDA REPORT
DATE: 09/27/2022
AGENDA OF: 10/11/2022
DEPARTMENT: Finance
SUBJECT: Liability Claims Filed Against the City of Santa Cruz (FN) RECOMMENDATION: Motion to reject the liability claim of a) Zoran Cica; and to return as late the claim of b) Santa Cruz Elks Lodge #824, based on staff recommendation.

BACKGROUND: N/A
DISCUSSION: Claim to be rejected:
a. Claimant: Zoran Cica
Date of occurrence: 4/01/2022
Date of claim: 8/31/2022
Amount of claim: $168.86
Claimant seeks reimbursement for damages to their vehicle allegedly caused by unsafe road conditions.

Self-Represented
II. Claim to be returned as late:
b. Claimant: Santa Cruz Elks Lodge #824
Date of occurrence: 2/08/2021
Date of claim: 9/12/2022
Amount of claim: $6,000.00
Claimant seeks reimbursement for damages to their property allegedly caused by a City vehicle.

Self-Represented
FISCAL IMPACT: No fiscal impact.

Prepared By:

Ross Brandon
Risk & Safety Manager
Submitted By:

Elizabeth Cabell
Finance Director
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

None.

20.1 City Council

AGENDA REPORT
DATE: 10/03/2022
AGENDA OF: 10/11/2022
DEPARTMENT: Human Resources
SUBJECT: SEIU Local 521 Tentative Agreement for a Successor Memorandum of Understanding (HR)
RECOMMENDATION: Resolution approving a tentative agreement with SEIU Local 521 effective October 1, 2022 through October 10, 2025.

BACKGROUND: The Memorandum of Understanding (MOU) with the SEIU Local 521 expired on April 15, 2022. The Union and the City have been meeting since early this year and, as a result, a tentative agreement on a successor MOU was reached.

DISCUSSION: The Union and the City have been meeting and conferring on a successor MOU and have reached a tentative agreement. In summary, the major terms of the new MOU include the following: three year term, with cost-of-living adjustments each year, with a 4.5% in year one, 4.0% in year two, and 3.5% in year three, as well as a one-time payment of $1,100. The final MOU will be brought forward at a later meeting.

FISCAL IMPACT: Additional appropriations in FY 2023 are not anticipated to be needed.

Year 2 and Year 3 expenditures will be included in future budgets.

Prepared/Submitted By:

Lisa Murphy
Deputy City Manager/Human
Resources Director
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. RESOLUTION.DOCX

2. TENTATIVE AGREEMENT - SEIU LOCAL 521.PDF

21.1 RESOLUTION NO. NSRESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ APPROVING A TENTATIVE AGREEMENT WITH SEIU LOCAL 521
WHEREAS, representatives of the City of Santa Cruz and SEIU LOCAL 521 have been meeting since early this year to bargain for successor agreement; and WHEREAS, the Tentative Agreement with the Union has been entered into by the respective parties and duly ratified by the Union’s members; and WHEREAS, the terms of the Tentative Agreement are attached as Exhibit A; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Cruz, that the City Council hereby approves the Tentative Agreement for SEIU Local 521 for a successor Memorandum of Understanding effective October 1, 2022, expiring October 10, 2025.

PASSED AND ADOPTED this 11th day of October, 2022, by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

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

21.2 21.3

21.4 21.5
City Council

AGENDA REPORT
DATE: 09/28/2022
AGENDA OF: 10/11/2022
DEPARTMENT: Public Works
SUBJECT: Resource Recovery Facility Household Hazardous Waste Collection Facility Upgrade (c402202) – Notice of Completion (PW)
RECOMMENDATION: Motion to accept the work of Atlantis Paving and Grading (Scotts Valley, CA) as completed per the plans and specifications and authorize the filing of the Notice of Completion for Resource Recovery Facility Household Hazardous Waste Collection Facility Upgrade (c402202).

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

After over twenty years of operation, the Facility required 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 in 2021.

At its March 22, 2022 meeting, the City Council approved the plans and specifications for the RRF Household Hazardous Waste Collection Facility Upgrade Project, and authorized staff to advertise the bid and the City Manager to award the bid.

On May 11, 2022, the project was awarded to the lowest, responsive, and responsible bidder, Atlantis Paving and Grading (Scotts Valley, CA), in the amount of $442,200.00 (includes 10% contingency).

DISCUSSION: The project has been inspected by Public Works staff and found to be constructed in accordance with the plans and specifications.

FISCAL IMPACT: The project was completed with a total cost of $393,712.95. The CalRecycle grant covered $223,826 and the remainder was funded through the Refuse Fund.

There was no impact to the General Fund.

22.1 Prepared By:

Scott Glucs
Assistant Engineer
Submitted By:

Mark R. Dettle
Director of Public Works
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. NOTICE OF COMPLETION.DOCX

22.2 (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: RRF Household Hazardous Waste Collection Facility Upgrade c402202

3. Nature of Work Performed on the Property or Materials Furnished for the City. The Project consisted of work described as: This project involved the replacement of asphalt flooring with a secondarily contained concrete pad, chemical resistant epoxy coating, standard of care ramps, signage and fencing, and installation of an emergency shower/eye-wash station, among other tasks.

4. The general site location description or address (the “Property”) of the public improvement is located at: City of Santa Cruz Resource Recovery Facility, 605 Dimeo Lane, Santa Cruz, CA 95060

5. Name and Address of Contractor. The Contractor on the Project is: Atlantis Paving and Grading 67453 Scotts Valley Drive, Scotts Valley, CA 95066

6. Construction Lender. The name and address of the construction lender, if any, is: A construction lender was not involved in this project.

7. Date of Completion. The Project on the Property was completed on: September 26, 2022

8. The filing of this Notice of Completion was authorized by the Santa Cruz City Council Minute Order on Tuesday, October 11, 2022
DATE: ___________________
Mark R. Dettle
Director of Public Works, City of Santa Cruz
RECORDED AT THE REQUEST OF:

City of Santa Cruz, Public Works
Attn: Scott Glucs
WHEN RECORDED MAIL TO:

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

22.3 City Council

AGENDA REPORT
DATE: 09/29/2022
AGENDA OF: 10/11/2022
DEPARTMENT: Public Works
SUBJECT: HSIP10: Unsignalized Crossing Improvement Project (c402215) – Advertise for Bids and Award Contract (PW)
RECOMMENDATION: Motion to approve the plans and specifications for the HSIP10:

BACKGROUND: The Highway Safety Improvement Program (HSIP) is a core federal-aid grant program to states for the purpose of achieving a significant reduction in fatalities and serious injuries on all public roads. HSIP is administered by the California Department of Transportation (Caltrans) and focuses on infrastructure projects with proven safety countermeasures and nationally recognized crash reduction factors (CRFs).

The selection of the Unsignalized Crossing Improvement Project is based upon collision history, the Annual Traffic Safety Report, and community feedback generated as part of the Active Transportation Plan and other outreach events. Staff also utilized preliminary data from the Local Roadway Safety Plan (LRSP).

At its November 24, 2020 meeting, Council approved to authorize and direct the City Manager to apply for, accept, and appropriate funds from the HSIP Cycle 10 for the Citywide Pedestrian Crossing Improvement Project and in February 2021, the City of Santa Cruz was awarded the HSIP Cycle 10 grant in the amount of $247,100 for design, inspection, and construction.

At its August 15, 2022 meeting, the Transportation and Public Works Commission (TPWC) recommended that the City Council approve the HSIP Cycle 10 Unsignalized Crossing Improvement Project, and authorize staff to advertise for bids, and to consider moving the crosswalk markings closer to the High/Spring intersection and to consider an additional outward facing bicycle push button on the NW corner of High/Spring that cyclists and other users can utilize to activate the beacon.

Staff has analyzed TPWC’s requests at High Street/Spring Street and incorporated changes to further improve the crossing.

23.1 DISCUSSION: The HSIP Cycle 10 Unsignalized Crossing Improvement project will improve six pedestrian crossings citywide. All crossing improvements are designed to meet the CA MUTCD, National Association of City Transportation Officials (NACTO) Urban Street Design Guide, and Caltrans Highway Design Manual (HDM). Each crossing will include one or more of the following safety countermeasures: high visibility crosswalk, improved sight distances, pedestrian crossing warning signs, pedestrian activated rectangular rapid flashing beacons (RRFBs), bulb-out/park lane island and ADA compliant curb ramps.

Project staff will work with adjacent property owners to minimize construction impacts. In addition to City Council approval, construction funding allocation through Caltrans is anticipated in October 2022 with construction to begin in Spring 2023. Plans and specifications can be found online at www.cityofsantacruz.com/publicworksprojects.

Additional Policy Support:

Implementation of crossing improvements from the HSIP project is supported by policy from the General Plan Circulation Element and the Climate Action Plan, specifically the transportation objective to meet an 80% reduction in greenhouse gas emissions by 2050, reduce around town automobile trips by 10% by 2020 and achieve 12% bike ridership by 2020.

FISCAL IMPACT: The project is funded in the FY 2023 Capital Investment Program (CIP) (c402215) budget and is fully reimbursable by the HSIP Cycle 10 grant. There is no impact to the General Fund.

Prepared By:

Dan Estranero
Associate Professional
Engineer
Submitted By:

Mark R. Dettle
Director of Public Works
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. LOCATION MAP.PDF

23.2 HSIP CYCLE 10 - UNSIGNALIZED CROSSING IMPROVEMENT LOCATIONS LEGEND CROSSING IMPROVEMENT LOCATION

BROADWAY

WATER STREET

SOQUEL AVENUE

BAY STREET

MISSION STREET

BAY DRIVE

SWANTON BLVD

SWIFT STREET

DELAWARE AVE

W CLIFF DRIVE NOT TO SCALE

HIGH STREET
front street HIGH ST. / SPRING ST. CHESTNUT ST. / CHURCH ST. LAUREL ST. / WASHINGTON ST. RIVER S. / BRIDGE CROSSING WATER ST. / MAY AV. ALMAR AVE. / RAIL TRAIL 23.3

Santa Cruz City CouncilOctober 11, 2022

Santa Cruz City Council
October 11, 2022