Agenda packet — Santa Cruz City Council, December 13, 2022 (part 1 of 3)

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

CITY COUNCIL AGENDA
Regular Meeting – December 13, 2022
9:30 A.M. CLOSED SESSION, ZOOM/COURTYARD CONFERENCE ROOM 11:30 A.M. CONSENT, CONSENT PUBLIC HEARINGS, AND GENERAL BUSINESS,

ZOOM/COUNCIL CHAMBERS
4:15 P.M. ORAL COMMUNICATIONS, ZOOM/COUNCIL CHAMBERS
7:00 P.M. PRESENTATIONS, 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, December 12th
December 13, 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, December 11th 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
9:30 AM
Referral to Closed Session

1. Purchase of Easements for the Newell Creek Pipeline from Felton to Graham Hill Road and Brackney Landslide Risk Reduction Projects (WT) Motion to refer to Closed Session items 5.1 - 5.28 regarding the purchase of easements needed for the Newell Creek Pipeline Project for purposes of authorizing the Water Director to negotiate easement agreements and to provide direction to the Water Director regarding price, terms of payment, or both.

Closed Session

2. Conference with Labor Negotiators (Government Code §54957.6) Police Officers Association
Police Management Association
SEIU Temporary Employees
City Negotiator – Lisa Murphy
December 13, 2022 City Council 3
Closed Session (continued)

3. Conference With Legal Counsel – Liability Claims (Government Code §54956.95)
1) Claimant: Sean O. Barrow
2) Claimant: John Henry McGuire
3) Claimant: Todd Pinsky
4) Claimant: Anthony Pacheco Lopez
5) Claimant: Sandra Loskutoff
6) Claimant: Michael T-Alexander
Claims against the City of Santa Cruz

4. Conference with Legal Counsel - Existing Litigation (Government Code §54956.9(d)(1))
1) Herman, Martin & Kary v. City of Santa Cruz
Santa Cruz Superior Court Case No. 19CV02406
2) City of Santa Cruz v. Regents of the University of California, et. al. (Santa Cruz County Superior Court Case No. 22CV00373)

5. Real Property Negotiations (Government Code §54956.8) 1) Property: No Site Address, Felton
APN: 065-152-10
Owner: County of Santa Cruz
City Negotiator: Rosemary Menard
Negotiating Parties: City of Santa Cruz and County of Santa Cruz Under Negotiation: Price, terms of payment, or both
2) Property: 5999 Graham Hill Rd, Felton
APN: 065-152-17
Owner: Evangelical Free Church of Felton
City Negotiator: Rosemary Menard
Negotiating Parties: City of Santa Cruz and Evangelical Free Church of Felton
Under Negotiation: Price, terms of payment, or both
December 13, 2022 City Council 4
Closed Session (continued)

5. Real Property Negotiations (Government Code §54956.8) (continued) 3) Property: No Site Address, Felton
APN: 066-211-03
Owner: Santa Cruz Big Trees & Pacific Railway Company
City Negotiator: Rosemary Menard
Negotiating Parties: City of Santa Cruz and Santa Cruz Big Trees & Pacific Railway Company
Under Negotiation: Price, terms of payment, or both
4) Property: No Site Address, Felton
APN: 066-211-09
Owner: Wood VMS Family Limited Partnership
City Negotiator: Rosemary Menard
Negotiating Parties: City of Santa Cruz and Wood VMS Family Limited Partnership
Under Negotiation: Price, terms of payment, or both
5) Property: No Site Address, Felton
APN: 066-211-10
Owner: Wood VMS Family Limited Partnership
City Negotiator: Rosemary Menard
Negotiating Parties: City of Santa Cruz and Wood VMS Family Limited Partnership
Under Negotiation: Price, terms of payment, or both
6) Property: No Site Address, Felton
APN: 066-212-04
Owner: DK Felton Management LLC
City Negotiator: Rosemary Menard
Negotiating Parties: City of Santa Cruz and DK Felton Management LLC Under Negotiation: Price, terms of payment, or both
7) Property: No Site Address, Felton
APN: 066-212-05
Owner: Santa Cruz Big Trees & Pacific Railway Company
City Negotiator: Rosemary Menard
Negotiating Parties: City of Santa Cruz and Santa Cruz Big Trees & Pacific Railway Company
Under Negotiation: Price, terms of payment, or both
December 13, 2022 City Council 5
Closed Session (continued)

5. Real Property Negotiations (Government Code §54956.8) (continued) 8) Property: 7000 Rose Acres Ln, Felton
APN: 071-081-03
Owner: Ronald J Ballauf c/o Elaine Rebecchi
City Negotiator: Rosemary Menard
Negotiating Parties: City of Santa Cruz and Ronald J Ballauf c/o Elaine Rebecchi
Under Negotiation: Price, terms of payment, or both
9) Property: No Site Address, Felton
APN: 071-081-14
Owner: Ronald J Ballauf c/o Elaine Rebecchi
City Negotiator: Rosemary Menard
Negotiating Parties: City of Santa Cruz and Ronald J Ballauf c/o Elaine Rebecchi
Under Negotiation: Price, terms of payment, or both
10) Property: 7240 Rose Acres Ln, Felton
APN: 071-081-24
Owner: Lynn E Weissbart
City Negotiator: Rosemary Menard
Negotiating Parties: City of Santa Cruz and Lynn E Weissbart Under Negotiation: Price, terms of payment, or both
11) Property: 8045 Schaaf Rd, Ben Lomond
APN: 072-144-30
Owner: Karl Heinz Schaaf
City Negotiator: Rosemary Menard
Negotiating Parties: City of Santa Cruz and Karl Heinz Schaaf Under Negotiation: Price, terms of payment, or both
12) Property: 234 Caledonium Ave, Ben Lomond
APN: 072-145-28
Owner: Katrin Craig
City Negotiator: Rosemary Menard
Negotiating Parties: City of Santa Cruz and Katrin Craig Under Negotiation: Price, terms of payment, or both
December 13, 2022 City Council 6
Closed Session (continued)

5. Real Property Negotiations (Government Code §54956.8) (continued) 13) Property: 200 Caledonium Ave, Ben Lomond
APN: 072-145-33
Owner: Brian K & Leslee A Warwick
City Negotiator: Rosemary Menard
Negotiating Parties: City of Santa Cruz and Brian K & Leslee A Warwick Under Negotiation: Price, terms of payment, or both
14) Property: No Site Address, Ben Lomond
APN: 072-152-07
Owner: Hai & Nga Nau
City Negotiator: Rosemary Menard
Negotiating Parties: City of Santa Cruz and Hai & Nga Nau Under Negotiation: Price, terms of payment, or both
15) Property: 8260 Oak Ave, Ben Lomond
APN: 072-172-10
Owner: Jason Sage
City Negotiator: Rosemary Menard
Negotiating Parties: City of Santa Cruz and Jason Sage
Under Negotiation: Price, terms of payment, or both
16) Property: No Site Address, Ben Lomond
APN: 072-172-11
Owner: County of Santa Cruz
City Negotiator: Rosemary Menard
Negotiating Parties: City of Santa Cruz and County of Santa Cruz Under Negotiation: Price, terms of payment, or both
17) Property: No Site Address, Ben Lomond
APN: 072-173-01
Owner: John J O’Brien
City Negotiator: Rosemary Menard
Negotiating Parties: City of Santa Cruz and John J O’Brien Under Negotiation: Price, terms of payment, or both
18) Property: No Site Address, Ben Lomond
APN: 072-174-02
Owner: Helena H Chen
City Negotiator: Rosemary Menard
Negotiating Parties: City of Santa Cruz and Helena H Chen Under Negotiation: Price, terms of payment, or both
December 13, 2022 City Council 7
Closed Session (continued)

5. Real Property Negotiations (Government Code §54956.8) (continued) 19) Property: No Site Address, Ben Lomond
APN: 072-174-04
Owner: Milburn D & Cheryl Lynne Schaaf
City Negotiator: Rosemary Menard
Negotiating Parties: City of Santa Cruz and Milburn D & Cheryl Lynne Schaaf
Under Negotiation: Price, terms of payment, or both
20) Property: 7900 Fremont Ave, Ben Lomond
APN: 072-174-06
Owner: Susan C Rines
City Negotiator: Rosemary Menard
Negotiating Parties: City of Santa Cruz and Susan C Rines Under Negotiation: Price, terms of payment, or both
21) Property: 7940 Fremont Ave, Ben Lomond
APN: 072-174-07
Owner: John A & Regina H Urwin
City Negotiator: Rosemary Menard
Negotiating Parties: City of Santa Cruz and John A & Regina H Urwin Under Negotiation: Price, terms of payment, or both
22) Property: No Site Address, Ben Lomond
APN: 072-181-17
Owner: Jamie Keith McDonald
City Negotiator: Rosemary Menard
Negotiating Parties: City of Santa Cruz and Jamie Keith McDonald Under Negotiation: Price, terms of payment, or both
23) Property: No Site Address, Ben Lomond
APN: 072-181-25
Owner: Jamie Keith McDonald
City Negotiator: Rosemary Menard
Negotiating Parties: City of Santa Cruz and Jamie Keith McDonald Under Negotiation: Price, terms of payment, or both
December 13, 2022 City Council 8
Closed Session (continued)

5. Real Property Negotiations (Government Code §54956.8) (continued) 24) Property: No Site Address, Ben Lomond
APN: 072-181-26
Owner: Jamie Keith McDonald
City Negotiator: Rosemary Menard
Negotiating Parties: City of Santa Cruz and Jamie Keith McDonald Under Negotiation: Price, terms of payment, or both
25) Property: No Site Address, Ben Lomond
APN: 072-182-03
Owner: Cheryl Mercurio
City Negotiator: Rosemary Menard
Negotiating Parties: City of Santa Cruz and Cheryl Mercurio Under Negotiation: Price, terms of payment, or both
26) Property: 345 Brackney Rd, Ben Lomond
APN: 072-212-36
Owner: Robert C & Judith A Gremminger
City Negotiator: Rosemary Menard
Negotiating Parties: City of Santa Cruz and Robert C & Judith A Gremminger
Under Negotiation: Price, terms of payment, or both
27) Property: 370 Brackney Rd, Ben Lomond
APN: 072-221-18
Owner: Patrick J Randolph
City Negotiator: Rosemary Menard
Negotiating Parties: City of Santa Cruz and Patrick J Randolph Under Negotiation: Price, terms of payment, or both
28) Property: 321 Brackney Rd, Ben Lomond
APN: 072-231-12
Owner: Julie K Daniels
City Negotiator: Rosemary Menard
Negotiating Parties: City of Santa Cruz and Julie K Daniels Under Negotiation: Price, terms of payment, or both
December 13, 2022 City Council 9
City Council
11:30 AM
Call to Order
Roll Call
Presentations

6. Light Pollution Presentation

7. Mayoral Proclamation Declaring December 6, 2022 as Nicole Brown Day

8. Mayoral Proclamation Declaring December 30, 2022 as Mark Dettle Day

9. Mayoral Proclamation Declaring December 13, 2022 as Ryan Coonerty Day
Presiding Officer's Announcements
Statements of Disqualification
Additions and Deletions
City Attorney Report on Closed Session
Council Memberships in City Groups and Outside Agencies

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

December 13, 2022 City Council 10
Consent Agenda

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

12. Certification of the November 8, 2022 General Election (CC) Resolution confirming and approving the canvass of ballots and returns for the City of Santa Cruz General Election held on November 8, 2022, and declaring the following result:
• The following candidates received the highest number of votes for the offices of District 4 Councilmember, District 6 Councilmember, and Mayor:
o Scott Newsome, District 4
o Renee Golder, District 6
o Fred Keeley, Mayor
• Measure N (Empty Homes Tax) failed by a majority vote of the electorate of the City.
• Measure O (Our Downtown, Our Future) failed by a majority vote of the electorate of the City.
• Measure P (Transient Occupancy Tax) passed by a majority vote of the electorate of the City.

13. Minutes of the November 15, 2022 City Council Meeting (CC) Motion to approve as submitted.

14. Minutes of the November 29, 2022 City Council Special Meeting (CC) Motion to approve as submitted.

15. Minutes of the December 6, 2022 City Council Special Closed Session (CC)
Motion to approve as submitted.

December 13, 2022 City Council 11
Consent Agenda (continued)

16. California State Parks Department, Division of Boating and Waterways Shoreline Erosion Control Grant Program – Authorization to Apply For, Accept, and Appropriate Funds for Construction of the West Cliff Drive Revetment Stabilization Project (CM)
Resolution authorizing the City Manager to apply for, accept, and appropriate funds from the California State Parks Department, Division of Boating and Waterways Shoreline Erosion Control Grant Program for the construction of the West Cliff Drive Revetment Stabilization Project.

17. Santa Cruz Hostel Society and State Coastal Conservancy Agreement (ED)
Motion authorizing the City Manager to execute an agreement with the Santa Cruz Hostel Society and the State Coastal Conservancy, in a form approved by the City Attorney, to protect the public interest in certain improvements and development funded by the Conservancy and authorizing the City Manager to amend the lease with Santa Cruz Hostel Society to run concurrent with the new agreement.

18. Liability Claims Filed Against the City of Santa Cruz (FN) Motion to reject the liability claims of a) Sean O. Barrow, b) John Henry McGuire, c) Todd Pinsky, d) Anthony Pacheco Lopez, e) Sandra Loskutoff, and f) Michael T-Alexander, based on staff recommendation.

19. FY 2022 Traffic Impact Fee Annual Report (FN/PW)
Motion to accept and approve the attached FY 2022 Traffic Impact Fee Annual Report.

20. Resolution Amending the City of Santa Cruz Personnel Complement and Classification and Compensation Plans and the FY 2023 Budget:

Implementation of California State Minimum Wage Law for 2023 – All Departments (HR)
Resolution amending the City of Santa Cruz Personnel Complement and Classification and Compensation Plans and the FY 2023 budget by implementing the California State Minimum Wage Law for 2023, including adjusting the salary ranges of affected temporary unclassified positions and other salary adjustments to maintain internal pay parity.

December 13, 2022 City Council 12
Consent Agenda (continued)

21. FY 2022 Development Impact Fee Annual Report for Childcare and Public Safety Impact (Police and Fire) Fees (PL)
Motion to accept and approve the attached FY 2022 Impact Fee Report for the Childcare and Public Safety Impact Fees and to direct staff to use the Childcare Impact Fee revenues to help fund the predevelopment and development costs associated with the childcare facility in the Library and Affordable Housing Project being contemplated for Lot 4 at the northeast corner of Cedar and Cathcart Streets, should that project ultimately be approved.

22. Award Contract for Centrifuge Control Panel Improvement Project (m409659) (PW)
Motion to award a sole source contract with Separator Technology Solutions in the total amount of $364,205.61 to provide services for Centrifuge Control Panel Improvement Project. The City Manager is hereby authorized and directed to execute the contract in a form approved by the City Attorney. The Director of Public Works is authorized to execute change orders within the approved project budget.

23. Recycling Building Membrane Structure Replacement Project (c401811) – Authorization to Advertise and Award (PW)
Motion to approve the plans and specifications for the Recycling Building Membrane Structure Replacement Project (c401811) 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 project budget.

24. Recycling Center Concrete Floor Upgrade 2022 (c401811) – Notice of Completion (PW)
Motion to accept the work of Kraemer Engineering Inc (Salinas, CA) as completed per the plans and specifications and authorize the filing of the Notice of Completion for Recycling Center Concrete Floor Upgrade 2022 (c401811).

December 13, 2022 City Council 13
Consent Agenda (continued)

25. Ocean Street Pavement Rehabilitation Project (c400809) – Authorization to Advertise and Award (PW)
Motion to approve plans and specifications for the Ocean Street Pavement Rehabilitation Project (c400809), 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 acceptable to the City Attorney. The Director of Public Works is authorized to execute change orders within the approved project budget.

26. San Lorenzo River Flood Control Project Federal Emergency Management Agency (FEMA) Accreditation Vegetation Management and Burrowing Rodent Mitigation Projects (c402112) – Authorization to Advertise and Award (PW)
Motion to approve the project scopes and specifications for San Lorenzo Flood Control Project Federal Emergency Management Agency Accreditation Vegetation Management and Burrowing Rodent Mitigation Projects (c402112), 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 Director of Public Works is authorized to execute changes orders within the approved project budget.

27. Beltz Water Treatment Plant Upgrade Project – Award of Professional Services Agreement and Budget Adjustment (WT)
Motion to:
1) Authorize the City Manager to execute an agreement in a form to be approved by the City Attorney with CDM Smith (Concord, CA) for engineering design services for the Beltz Water Treatment Plant Upgrade Project (c702108) and to authorize the Water Director to execute future contract amendments within the approved project budget; and
2) Adopt a resolution amending the FY 2023 budget to transfer $500,000 within the Water Department's Capital Investment Program from project c701609 for Aquifer Storage and Recovery Planning to a new project for Beltz Water Treatment Plant Upgrades, c702305.

December 13, 2022 City Council 14
Consent Agenda (continued)

28. Resolution Supporting an Application by the Santa Margarita Groundwater Agency to the California Department of Water Resources for Grant Funding to Support Implementation of the Santa Margarita Groundwater Sustainability Plan (WT)
Resolution supporting an application to the California Department of Water Resources for grant funding to support implementation of the Santa Margarita Groundwater Sustainability Plan.

29. 2022 Pavement Restoration Project – Notice of Completion (WT) Motion to accept the work of JV Lucas Paving, Inc. as complete per the plans and specifications, authorize the filing of the Notice of Completion for the 2022 Pavement Restoration Project, and authorize the Water Director to sign the Notice of Completion as the Owner’s Authorized Agent.

End Consent Agenda
Consent Public Hearings

30. 2nd Reading and Final Adoption of Ordinance No. 2022-17 - A22-0004:

Amending Section 24.12.1310 of Santa Cruz Municipal Code Title 24 - Zoning Ordinance to Allow Cannabis Retail Deliveries to the City from Legal Retail Delivery Businesses Located within any Jurisdiction within Santa Cruz County (PL)
Motion to adopt Ordinance No. 2022-17 amending Section 24.12.1310 of Santa Cruz Municipal Code Title 24 to allow cannabis retail deliveries to the City from legal retail delivery businesses located within any jurisdiction within Santa Cruz County.

December 13, 2022 City Council 15
Consent Public Hearings (continued)

31. 2nd Reading and Final Adoption of Ordinance No. 2022-18 Amending the Santa Cruz Municipal Code for Code Sections Not Included in the Local Coastal Program or Implementation Plan (File Nos. A22-0002 and A22-0003); 2nd Reading and Final Adoption of Ordinance No. 2022-19 Amending the Santa Cruz Municipal Code for Code Sections Included in the Local Coastal Program or Implementation Plan; that Require Subsequent Coastal Commission Approval; 2nd Reading and Final Adoption of Ordinance No. 2022-20 Amending Title 24 of the Municipal Code Associated Updates to the Zoning Map inside the Coastal Zone; 2nd Reading and Final Adoption of Ordinance. No. 2022-21 Amending Title 24 of the Municipal Code Associated Updates to the Zoning Map Outside the Coastal Zone (PL)
Motion to:
1) Adopt Ordinance No. 2022-18 amending Chapters 6, 12, 13, 15, 16 and 24 of the Santa Cruz Municipal Code for sections not included in the Local Coastal Program or Implementation Plan related to objective development standards for multi-family housing, new mixed-use zoning districts, development review process changes, street trees, right-ofway improvements, and the Water Efficient Landscape Ordinance; remove obsolete Sections and references; streamline application processes; and bring the Zoning Ordinance into conformity with state law, also rezoning parcels of property throughout the City to reflect existing General Plan Land Use Allowances; and establish in-lieu fees for street tree removals (File No. FP20-0002) and additional modifications to Municipal Code Title 24 to clarify and update various code sections related to wireless communication facilities, accessory structures, fences, and other minor updates; (File Nos. A22-0002 and A22-0003); and
2) Adopt Ordinance No. 2022-19 Amending the Santa Cruz Municipal Code for sections included in the Local Coastal Program or Implementation Plan, and in doing so, selecting Option 3 (hybrid) as the policy governing a requirement for public hearings for conforming residential and mixed-use projects; and
3) Adopt Ordinance No. 2022-20 making the proposed amendments to the zoning map, as stated in the ordinance and as shown in the associated map exhibit and parcels list for parcels inside the Coastal Zone, which represent changes to the Local Coastal Program Implementation Plan; and
December 13, 2022 City Council 16
Consent Public Hearings (continued)

32. Municipal Code Amendments Relating to Accessory Dwelling Units (ADUs), Junior ADUs, and Associated Changes to Permitting Required by State Law (PL)
Motion to:
1) Adopt an urgency ordinance making specified changes in Chapter

24.16 of the Municipal Code related to ADUs and Junior ADUs in response to recent state code changes; and
2) Direct staff to proceed with developing a regular ordinance that addresses the same state code changes.

December 13, 2022 City Council 17
Consent Public Hearings (continued)

33. 404 Centennial Street: CP22-0046 - Right-of-Way Abandonment at the Frontage of the Property at 404 Centennial Street, Located within the R-1-5 (Single Family Residence) Zone District. (Environmental Determination: Categorical Exemption) (Owner: Lily Tian & Victor Ge) (PL)
Resolution acknowledging the environmental determination and approving Right-of-Way Abandonment based on the findings included in the attached resolution.

34. Amendment to Santa Cruz Municipal Code Section 19.05.170 Adopting Additional Provision of the 2022 Edition of the California Fire Code (FD) Motion to introduce for publication an ordinance to amend Santa Cruz Municipal Code (SCMC) Section 19.05.170 to incorporate California Fire Code Section 311.5 which provides standards for marking unsafe vacant or abandoned buildings or structures.

General Business

35. City of Santa Cruz Children’s Fund Committee Appointments (CC/PR) Motion to:
1) Appoint two at-large members to the Children’s Fund Committee (Committee), with terms ending January 31, 2026; and
2) Direct the Mayor to appoint one Councilmember and one member from a youth organization to serve on the Committee.
3) Ratification of members brought forward by the Parks and Recreation Commission, the Santa Cruz City School District, and First Five Santa Cruz:
a) Parks and Recreation Commission: To be selected at the December 12th Parks and Recreation Meeting;
b) Santa Cruz City Schools: Kris Munro
c) First Five Santa Cruz: David Brody
December 13, 2022 City Council 18
General Business (continued)

36. Homelessness Response Quarterly Update (CM)
Receive updates regarding Council-directed homelessness response programs and services, including Homelessness Response Action Plan implementation details, objectives, and outcomes.

Oral Communications will be heard at 4:15 p.m.

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

December 13, 2022 City Council 19
City Council
7:00 PM
Call to Order
Roll Call
Presentations

37. Remarks by Outgoing Councilmembers Justin Cummings and Donna Meyers

38. Remarks by Outgoing Mayor Sonja Brunner

39. Swearing-in and Seating of Newly Elected Mayor Fred Keeley, District 4 Councilmember Scott Newsome, and District 6 Councilmember Renee Golder; Remarks from Councilmembers Newsome and Golder.

40. Election, Swearing-in, and Remarks of New Vice Mayor

41. Remarks from Mayor Fred Keeley
Adjournment
December 13, 2022 City Council 20

INFORMATION ITEMS PREVIOUSLY DISTRIBUTED TO CITY COUNCILMEMBERS ADDENDUM TO CITY COUNCIL AGENDA – DECEMBER 13, 2022

42. Finance Department: Portfolio Management Report – Pooled Cash and Investments as of October 31, 2022 - 11/15/22 (FNFYI 361)

43. Water Department: Meter Replacement Project: Badger Meter PO Increase - 12/1/22 (WTFYI 081)

MAYOR'S PROCLAMATIONS
ADDENDUM TO CITY COUNCIL AGENDA – DECEMBER 13, 2022

44. Proclaiming November 15, 2022 as “Mark Stone Day” and encouraging all citizens to join in commending Assemblymember Mark Stone for his many years of providing invaluable assistance to the City of Santa Cruz and its residents.

45. Proclaiming November 20, 2022 as “Marci DuPraw Day” and encouraging all citizens to join in honoring her and recognizing the contributions of her work to build a safe and inclusive community against hate in Santa Cruz County.

46. Proclaiming December 30, 2022 as “Mark Dettle Day” and encouraging all citizens to join in acknowledging his twenty-one plus years of dedicated service, expressing gratitude for his bountiful contributions to our safety and quality of life, and wishing him well in his retirement.

47. Proclaiming Saturday, December 10, 2022 as “Michael Hedley Retirement Day” and encouraging all his coworkers and citizens to join in expressing heartfelt appreciation for his twenty-seven years of dedicated and exemplary service and numerous contributions to the Santa Cruz Police Department and the City of Santa Cruz and wishing him well in his retirement.

December 13, 2022 City Council 21
Advisory Body Appointments
The following positions are vacant. Council will make the appointments at a future meeting.

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

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

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.

Light Pollution Presentation
Santa Cruz City Council
December 13th, 2022
Presented by Jeff Parry
International Dark Sky Association, Santa Cruz Chapter
www.DarkSkySantaCruz.org
www.DarkSky.org

6.1 6.2
Light pollution has in recent
years become increasingly
severe with the availability
of low cost/high
intensity/blue-rich color
LEDs.

Worldwide, outdoor
lighting at night has been
growing at a rate of 2% per
year.

LEDs can be part of the
solution through use of
warm color LEDs and
incorporating automated
controls such
as dimming, timed shutoffs
and sensors.

6.3 AMA found that bluerich light at night
increased cancer,
diabetes &
cardiovascular disease.

AMA warns that bright
nighttime residential
lighting is associated
with reduced sleep,
impaired daytime
functioning and obesity.

HEALTH ISSUES

6.4 Santa Cruz City
Health in All Policies Ordinance

6.5 Entomologist are
convinced that
light pollution is
contributing to
the great
worldwide die-off
of insects.

WILDLIFE

6.6 Studies are published regularly proving the detrimental effects of artificial light at night on birds, amphibians, and fish.

6.7 6.8

6.9 LIGHT FIXTURE SHIELDING

6.10 Light Fixture B.U.G. Ratings

6.11 Lighting, Crime and Safety
• Brighter lights do not always mean increase in safety.

1. 2015 study published in the Journal of Epidemiology and Community Health According to a 2011 study of London street lighting and crime:
“there is no good evidence that increased lighting reduces total crime.”

2. A 1997 National Institute of Justice study concluded, “We can have very little confidence that improved lighting prevents crime.”

3. A Chicago Alley Lighting Project showed a correlation between brightly lit alleyways and increased crime.

4. 2012 report of the American Medical Association, “Glare from nighttime lighting can create hazards ranging from discomfort to frank visual disability.”
• Motion sensor lighting is a better deterrent to crime by alerting others that there is activity in the area.
• Lighting directly shining in people’s eyes (called glare) can decrease visibility and safety.
• Glare disability is especially a concern for the mobility of disabled people and those over 60 years old.

6.12 FIND THE POTENTIAL

STALKER

6.13 International Dark-Sky Association | 2019

6.14 6.15

6.16 Title 24 & Green Building code

6.17 Lighting Zones

6.18 Illuminating Engineering Society &
International Dark Sky Association

6.19 Lighting Ordinance
• While Title 24 currently does not regulate
lighting on existing structures, other cities,
counties, and regions in California have
implemented lighting ordinances to help
address the issue.

6.20 California Green Building Code

6.21 2030 GENERAL PLAN
• The 2030 Santa Cruz City General Plan includes a
section for adopting a lighting ordinance. A
strong and enforceable lighting ordinance in
Santa Cruz will allow our town to contribute to
the light pollution solution.
• The Santa Cruz chapter of the International Dark
Sky Association would like to help the city of
Santa Cruz implement changes to enhance the
experience of the nighttime environment for all.

6.22 Excerpts –
Santa Cruz City 2030 General Plan
• Included in Chapter 8, Hazards, Safety and Noise
under the heading “Created Hazards” p. 89, 91
• “Light pollution. Even when properly directed, night
lighting can spill both upward and away from its
intended target, and onto adjoining properties. The
City expects to study the impacts of light pollution
and develop actions to reduce its effects on urban
and open space lands. A number of local jurisdictions
have adopted “dark sky ordinances” aimed at
reducing light spillage.”

6.23 2030 General Plan
in Chapter 11, Implementation p. 183
• NRC 7.1.2 - Adopt or adapt the Model Lighting
Ordinance and Design Guidelines jointly
developed by the International Dark Sky
Association (IDA) and the Illuminating
Engineering Society of North America (IES).

6.24 Santa Cruz City 2030 General Plan
Goals, Policies and Actions : p. 96
• Goal HZ5 Minimal light pollution
• HZ5.1 - Reduce light pollution. Cf. CD3.6, M1.6.1,
M3.2.10, NRC7.1.2.
• HZ5.1.1 - Investigate the merits of a “dark sky
ordinance” and the standards and enforcement
efforts required.
• HZ5.1.2 - Develop lighting design guidelines that
reduce light spillage both upward and onto adjoining
properties.
• HZ5.1.3 - Consider appropriateness of lighting when
reviewing proposed development or renovation of
parks and recreation facilities.

6.25 Community-Friendly Sports Lighting
Design Certification

6.26 THANK YOU!
Jeff Parry
IDA Santa Cruz
www.santacruzdarksky.org
[email protected]

THE INTERNATIONAL DARK SKY ASSOCIATION

SANTA CRUZ CHAPTER
www.darksky.org

6.27 Council Membership in City Groups and Outside Agencies (2022) Councilmembers may provide direction, request additional information or that a topic raised be agendized for future Council action. The Presiding Officer may request oral updates from Council Ad Hoc Committees.

City Council Standing Committees Councilmember Assigned Staff Community Programs Watkins, Brown, Kalantari-Johnson Tiffany Wise-West Public Safety Watkins, Golder, Cummings Emeline Nguyen
City Council Ad Hoc Committees Councilmember Assigned Staff Council Ad Hoc Budget and Revenue Committee Brown, Watkins, Brunner Elizabeth Cabell Oversized Vehicles Ordinance Ad Hoc Committee Golder, Kalantari-Johnson, Brunner Brian Borguno Health in All Policies Committee Brunner, Kalantari-Johnson, Watkins Tiffany Wise-West Outdoor Dining Subcommittee Kalantari-Johnson, Meyers Rebecca Unitt External Governmental Agencies/ Intergovernmental
Coordinating Committees Councilmember Assigned Staff
Association of Monterey Bay Area Governments
(AMBAG)
Cummings, Brown (alternate) Lee Butler
City–Santa Cruz City Schools Committee Watkins, Golder, Kalantari-Johnson Tony Elliot City Select Committee Brunner Matt Huffaker
Library Financing Authority Brunner, Watkins (alternate) Matt Huffaker Homelessness 2x2 Committee Watkins, Brunner Lee Butler
Monterey Bay Air Resources District (City Nominee) Brown Tiffany Wise-West Central Coast Community Energy Policy Board
Central Coast Community Energy Operations Board
Meyers, Brunner (alternate)
Mark Dettle, Tiffany Wise-West (alternate)
Mark Dettle
Santa Cruz County Integrated Waste Management Local
Task Force
Golder, Cummings (alternate)
Bob Nelson, Leslie
O’Malley (staff
alternate)
Santa Cruz County Consolidated Redevelopment
Successor Agency Oversight Board
Meyers Bonnie Lipscomb
Santa Cruz Metropolitan Transit District Board (METRO) Meyers, Kalantari-Johnson Claire Gallogly Santa Cruz County Regional Transportation
Commission (RTC)
Brown, Golder (alternate) Nathan Nguyen
Claire Gallogly
(alternate)
Santa Cruz Mid-County Groundwater Agency Councilmember Meyers, Water Commissioner David Baskin, Water Commissioner Doug Engfer (alternate)
Rosemary Menard

10.1 External Governmental Agencies/ Intergovernmental
Coordinating Committees Councilmember Assigned Staff
Santa Margarita Groundwater Agency Water Commissioner Doug Engfer, Former Water Commissioner David Baskin (citizen alternate)
Rosemary Menard
Joint Powers Authorities/City Groups Staff Appointments Agency Contact Information Santa Cruz County Animal Services
Authority
Laura Schmidt, Jon Bush Santa Cruz County Animal Services Authority 2200 7th Avenue
Santa Cruz, CA 95062
https://www.scanimalshelter.org/
Santa Cruz Public Libraries Matt Huffaker Santa Cruz Public Libraries 117 Union Street
Santa Cruz, CA 95060
https://www.santacruzpl.org/
Santa Cruz Regional 9-1-1 Matt Huffaker Santa Cruz Regional 9-1-1 495 Upper Park Rd.

Santa Cruz, CA 95065
(831) 471-1000
External Community Organizations Councilmember/Staff Agency Contact Information Area Agency on Aging (AAA) Advisory
Council
Brown, Brunner (Council alternate), Rita
Hester (citizen alternate)
Seniors Council, Clay Kempf
234 Santa Cruz Ave.

Aptos, CA 95003
Phone: (831) 688-0400
Climate Action Task Force Cummings, Tiffany Wise-West (staff) Tiffany Wise-West [email protected]
Cowell Working Group Meyers, Tony Elliot (staff) CWG Facilitated by Save the Waves Criminal Justice Council Cummings, Kalantari-Johnson (alternate), Bernie Escalante
Criminal Justice Council of Santa Cruz County
[email protected]
Downtown Management Corporation Meyers, Cummings, Bonnie Lipscomb (staff) Downtown Management Corporation [email protected]
337 Locust Street,
Santa Cruz, CA 95060
Santa Cruz County Youth Action Network
Kalantari-Johnson
[email protected]
United Way of Santa Cruz County
4450 Capitola Rd, Ste 106
Capitola, CA 95010
Santa Cruz Community Farmers’ Market Watkins, Brunner (alternate) Bonnie Lipscomb (staff)
Mr. Nesh Dillon Executive Director SCCFM
P.O. Box 8189
Santa Cruz, CA 95061
Visit Santa Cruz County Watkins, Brunner, Bonnie Lipscomb (staff) Visit Santa Cruz County 303 Water Street, Suite 100
Santa Cruz, CA 95060
800-833-3494 or 831-425-1234
Community Action Board (CAB) Kalantari-Johnson, Eve Bertram, UCSC Professor (alternate)
Community Action Board of Santa Cruz
County, Inc.
406 Main St. STE 207
Watsonville, CA 95076
831-763-2147

10.2 City Council

AGENDA REPORT
DATE: 11/30/2022
AGENDA OF: 12/13/2022
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 The CDPH and the Santa Cruz County Health Officer 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.

11.1 strongly recommend that all individuals continue to wear masks in indoor public settings.3 The
County of Santa Cruz Health Services Agency also recently issued a press release noting an uptick in local COVID-19 cases and urging the public to “continue basic prevention methods like vaccination, frequent hand washing, and wearing a mask.”4 The highly transmissible omicron variant continues to contribute to positive cases and hospitalizations locally and throughout the State, and it is unknown at this time whether other variants may result in a new surge in COVID-19 cases. As such, holding meetings in person would present imminent risks to the health or safety of attendees due to the continued spread of COVID-19.

To continue teleconferenced meetings under AB 361, the City Council will need to declare every thirty (30) days that it has reconsidered the circumstances of the State of Emergency and either (1) the State of Emergency continues to directly impact the ability of the members to meet safely in person; or (2) State or local health officials continue to impose or recommend measures to promote social distancing.5
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, September 13, 2022, October 11, 2022, October 25, 2022, and November 15, 2022, the City Council adopted Resolution Nos. NS-29,886, NS-29,894, NS-29,900, NS-29,915, NS29,923, 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, NS-30,035, NS-30,049, NS-30,053, and NS-30,059, 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.
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 Press Release, Santa Cruz County Public Health Urges Residents to Take Preventative Measures Against Circulating Viruses this Holiday Season (Nov. 23, 2022), https://www.santacruzhealth.org/Portals/7/pdfs/Coronavirus/Press%20ReleaseRSV,%20Flu,%20COVID%20Prevention%20112322.pdf. 5 Cal. Gov’t Code § 54953(e)(3).

11.2 Prepared By:

Stephanie Duck
Deputy City Attorney
Submitted By:

Tony Condotti
City Attorney
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. RESOLUTION.DOCX

11.3 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, September 13, 2022, October 11, 2022, October 25, 2022, and November 15, 2022, the City Council adopted Resolution Nos. NS-29,886, NS-29,894, NS-29,900, NS-29,915, NS-29,923, NS29,933, NS-29,942, NS-29,954, NS-29,975, NS-29,987, NS-29,994, NS-30,005, NS-30,017, NS-30,035, NS-30,049, NS-30,053, NS-30,059, 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

11.4 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 to 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; and
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; and D. This Resolution shall take effect immediately upon its adoption and shall be effective until the earlier of (i) thirty days from the adoption of this Resolution, or (ii) such time the City Council adopts a subsequent resolution in accordance with Government Code section 54953(e)(3) to extend the time during which the legislative bodies of the City of Santa Cruz may continue teleconferencing without compliance with the Brown Act’s prior rules regarding teleconferencing.

11.5 3
PASSED AND ADOPTED this 13th day of December, 2022 by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

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

11.6 City Council

AGENDA REPORT
DATE: 11/14/2022
AGENDA OF: 12/13/2022
DEPARTMENT: City Clerk
SUBJECT: Certification of the November 8, 2022 General Election (CC) RECOMMENDATION: Resolution confirming and approving the canvass of ballots and returns for the City of Santa Cruz General Election held on November 8, 2022, and declaring the following result:
• The following candidates received the highest number of votes for the offices of District 4 Councilmember, District 6 Councilmember, and Mayor:
o Scott Newsome, District 4
o Renee Golder, District 6
o Fred Keeley, Mayor
• Measure N (Empty Homes Tax) failed by a majority vote of the electorate of the City. • Measure O (Our Downtown, Our Future) failed by a majority vote of the electorate of the City. • Measure P (Transient Occupancy Tax) passed by a majority vote of the electorate of the City.

BACKGROUND: At the meeting of June 28, 2022, the Council adopted Resolution No. NS30,016 calling for an election in the City of Santa Cruz for the purpose of placing two citizen initiative measures on the ballot (Empty Homes Tax and Our Downtown, Our Future). At the meeting of August 9, 2022, the Council adopted Resolution Nos. NS-30,019 and NS-30,025 for the purpose of placing a measure on the ballot (Transient Occupancy Tax) and electing Councilmembers for Districts 4 and 6, and Mayor.

DISCUSSION: On November 8, 2022, the General Election was held in accordance with law and the votes were cast. The County Clerk certified the results of the election (Exhibit A).

Measure N, a citizen initiative ballot measure to amend the City’s Municipal Code to establish an Empty Homes Tax, failed, with a majority of the votes against.

Measure O, a citizen initiative ballot measure to amend the City’s General Plan and Downtown Plan regarding the proposed Downtown Library and Affordable Housing Project, failed, with a majority of the votes against.

Measure P, a ballot measure to increase the City’s Transient Occupancy Tax, passed, with a majority of the votes in favor.

FISCAL IMPACT: None.

12.1 Prepared By:

Bonnie Bush
City Clerk
Submitted By:

Laura Schmidt
Assistant City Manager
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. RESOLUTION.DOC

2. EXHIBIT A – CERTIFICATION OF ELECTION RESULTS

12.2 RESOLUTION NO. NSA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ

CONFIRMING AND APPROVING THE CANVASS OF BALLOTS AND RETURNS FOR THE CITY OF SANTA CRUZ GENERAL ELECTION HELD ON NOVEMBER 8, 2022 AND

DECLARING THE RESULTS
WHEREAS, at the meeting of June 28, 2022 the City Council adopted Resolution No. NS30,016 calling for an election in the City of Santa Cruz for the purpose of placing two citizen initiative measures on the ballot – The Empty Homes Tax (Measure N) and Our Downtown, Our Future (Measure O); and
WHEREAS, at the meeting of August 9, 2022, the City Council adopted Resolution Nos.

NS-30,019 and NS-30,025 for the purpose of place a measure on the ballot – Transient Occupancy Tax (Measure P) and electing Councilmembers for Districts 4 and 6, and Mayor; and WHEREAS, on November 8, 2022, the election so called and ordered was held in accordance with law and the votes were counted; and
WHEREAS, the County Clerk has certified the results of the election.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Cruz that it hereby certifies the following:

1. The General Election referred to above was held in the City of Santa Cruz on November 8, 2022.

2. The certified canvass of returns is set forth in Exhibit “A” and incorporated by reference.

3. A citizen initiative ballot measure proposing an ordinance adding Chapter 3.38 to the City’s Municipal Code to establish an Empty Homes Tax was submitted to the voters and the votes were cast for and against the measure as follows:

N – Empty Homes Tax Vote Count Percent
No 13,130 53.96%
Yes 11,202 44.04%
A majority of the votes cast were against this ballot measure, therefore the measure (Measure N) failed.

12.3 RESOLUTION NO. NS2

4. A citizen initiative ballot measure to amend the City’s General Plan and Downtown Plan was submitted to the voters and the votes were cast for and against the measure as follows:

O – Our Downtown, Our Future Vote Count Percent
No 14,174 59.48%
Yes 9,656 40.52%
A majority of the votes cast were against this ballot measure. The measure (Measure O) failed.

5. A ballot measure to approve an increase to the City’s Transient Occupancy Tax (TOT) was submitted to the voters and the votes were cast for and against the measure as follows:

P – Transient Occupancy Tax
Increase Vote Count Percent
No 4,675 19.39%
Yes 19,437 80.61%
A majority of the votes cast were in support of this ballot measure. The measure (Measure P) was successful.

6. Votes were cast for the candidates for the office of Mayor of the City of Santa Cruz as follows:

Name of Candidate Vote Count Percent
Joy Schendledecker 6,645 28.81%
Fred Keeley 16,215 70.30%
Based on the official count by the County Elections Official, Fred Keeley was elected as Mayor.

7. Votes were cast for the candidates for the office of District 4 Councilmember as follows:

Name of Candidate Vote Count Percent
Scott Newsome 1,710 50.32%
Bodie Shargel 248 7.3%
Hector Marin 1,180 34.73%
Gregory A. Hyver 240 7.06%
Based on the official count by the County Elections Official, Scott Newsome was elected as District 4 Councilmember.

8. Votes were cast for the candidates for the office of District 6 Councilmember as follows:

12.4 RESOLUTION NO. NS3
Name of Candidate Vote Count Percent
Sean Maxwell 1,616 41.56%
Renee Golder 2,246 57.77%
Based on the official count by the County Elections Official, Renee Golder was elected as District 6 Councilmember.

PASSED AND ADOPTED this 13th day of December, 2022, by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

APPROVED: _________________________
Sonja Brunner, Mayor
ATTEST: _______________________________
Bonnie Bush, City Clerk Administrator

12.5 Statement of Vote
November 8, 2022 Statewide General Election
Tricia Webber, Santa Cruz County Clerk
701 Ocean St., Room 310
Santa Cruz, CA 95060
831-454-2060 / 1-866-282-5900
831-454-2445 (FAX)
www.votescount.us

12.6 Certification of County Clerk of the Results of the Canvass of the November 8, 2022, Statewide General Election
I, Tricia Webber, County Clerk of the County of Santa Cruz, do hereby certify that, in pursuance to the provisions of Elections Code Section 15300, et. seq., I did canvass the results for the votes cast in the Statewide Direct Primary Election held in Santa Cruz County on November 8, 2022, for measures and contests that were submitted to the vote of the voters, and that the Statement of Votes Cast to which this certificate is attached, is true and correct.

I hereby set my hand and official seal this 6th day of December 2022 at the County of Santa Cruz.
_______________________
Tricia Webber
Santa Cruz County Clerk

12.7 1 City of Santa Cruz Mayor
1 1 1
Registered Voters
Voters Cast
Turnout (%)
JOY

SCHENDLEDECKER

FRED KEELEY
Write In
11100 In Person 2532 121 4.78 % 36 72 2
11100 Vote by Mail 2532 1755 69.31 % 253 1325 23
11100 Total 2532 1876 74.09 % 289 1397 25
31100 In Person 1924 124 6.44 % 40 65 2
31100 Vote by Mail 1924 1265 65.75 % 328 838 2
31100 Total 1924 1389 72.19 % 368 903 4
31130 In Person 160 16 10.00 % 4 11
31130 Vote by Mail 160 76 47.50 % 16 57
31130 Total 160 92 57.50 % 20 68
31200 In Person 6673 398 5.96 % 159 178 11
31200 Vote by Mail 6673 4166 62.43 % 1130 2687 28
31200 Total 6673 4564 68.40 % 1289 2865 39
31300 In Person 6758 387 5.73 % 158 164 9
31300 Vote by Mail 6758 4284 63.39 % 1053 2912 23
31300 Total 6758 4671 69.12 % 1211 3076 32
31400 In Person 4111 238 5.79 % 91 107 3
31400 Vote by Mail 4111 2709 65.90 % 676 1828 18
31400 Total 4111 2947 71.69 % 767 1935 21
31440 In Person 1871 168 8.98 % 85 65 3
31440 Vote by Mail 1871 795 42.49 % 279 428 10
31440 Total 1871 963 51.47 % 364 493 13
31500 In Person 735 11 1.50 % 2 8
31500 Vote by Mail 735 548 74.56 % 59 455 2
31500 Total 735 559 76.05 % 61 463 2
31510 In Person 116 264 227.59 % 142 88
31510 Vote by Mail 116 46 39.66 % 27 16
31510 Total 116 310 267.24 % 169 104
31541 In Person 36 44 122.22 % 22 19
31541 Vote by Mail 36 20 55.56 % 13 6
31541 Total 36 64 177.78 % 35 25
31550 In Person 106 135 127.36 % 74 34 1
31550 Vote by Mail 106 56 52.83 % 28 20
31550 Total 106 191 180.19 % 102 54 1
31600 In Person 247 91 36.84 % 58 30
31600 Vote by Mail 247 158 63.97 % 96 47 1
31600 Total 247 249 100.81 % 154 77 1
31601 In Person 5308 271 5.11 % 93 140 8
31601 Vote by Mail 5308 3392 63.90 % 733 2404 29
31601 Total 5308 3663 69.01 % 826 2544 37
31602 In Person 448 20 4.46 % 7 10
31602 Vote by Mail 448 289 64.51 % 79 187 1
31602 Total 448 309 68.97 % 86 197 1
31641 In Person 5 0 0.00 %
31641 Vote by Mail 5 4 80.00 % 3
31641 Total 5 4 80.00 % 3
31691 In Person 103 3 2.91 % 2 1
31691 Vote by Mail 103 74 71.84 % 10 58
Printed: Wednesday, December 7, 2022 12:46 PM Data Refreshed: Wednesday, December 7, 2022 12:46 PM Page 172 of 246 Santa Cruz
Santa Cruz 2022 November General
District Canvass
November 8, 2022

12.8 1 City of Santa Cruz Mayor
1 1 1
Registered Voters
Voters Cast
Turnout (%)
JOY

SCHENDLEDECKER

FRED KEELEY
Write In
31691 Total 103 77 74.76 % 12 59
51100 In Person 379 24 6.33 % 11 9 1
51100 Vote by Mail 379 232 61.21 % 32 182
51100 Total 379 256 67.55 % 43 191 1
51110 In Person 2520 119 4.72 % 47 49 6
51110 Vote by Mail 2520 1516 60.16 % 427 978 12
51110 Total 2520 1635 64.88 % 474 1027 18
51200 In Person 298 19 6.38 % 6 11
51200 Vote by Mail 298 167 56.04 % 50 101
51200 Total 298 186 62.42 % 56 112
51440 In Person 33 4 12.12 % 4
51440 Vote by Mail 33 13 39.39 % 1 11
51440 Total 33 17 51.52 % 5 11
51500 In Person 992 56 5.65 % 26 16 3
51500 Vote by Mail 992 377 38.00 % 101 235 5
51500 Total 992 433 43.65 % 127 251 8
51501 In Person 159 4 2.52 % 2 2
51501 Vote by Mail 159 99 62.26 % 29 60 1
51501 Total 159 103 64.78 % 31 62 1
51520 In Person 224 2 0.89 % 2
51520 Vote by Mail 224 173 77.23 % 36 121
51520 Total 224 175 78.13 % 38 121
51530 In Person 517 29 5.61 % 11 14 1
51530 Vote by Mail 517 296 57.25 % 107 163 2
51530 Total 517 325 62.86 % 118 177 3
Electionwide In Person 36255 2548 7.03 % 1082 1093 50
Electionwide Vote by Mail 36255 22510 62.09 % 5563 15122 157 Electionwide Total 36255 25058 69.12 % 6645 16215 207
Total - In Person 36255 2548 7.03 % 1082 1093 50
Total - Vote by Mail 36255 22510 62.09 % 5563 15122 157 Contest Total 36255 25058 69.12 % 6645 16215 207
Printed: Wednesday, December 7, 2022 12:46 PM Data Refreshed: Wednesday, December 7, 2022 12:46 PM Page 173 of 246 Santa Cruz
Santa Cruz 2022 November General
District Canvass
November 8, 2022

12.9 1 City of Santa Cruz Councilmember - District 4
1 1 1 1 1
Registered
Voters
Voters Cast
Turnout (%)
SCOTT

NEWSOME
BODIE

SHARGEL
HECTOR
MARIN

GREGORY

A HYVER
Write In
31400 In Person 4111 238 5.79 % 77 26 69 19 3
31400 Vote by Mail 4111 2709 65.90 % 1323 138 751 155 12 31400 Total 4111 2947 71.69 % 1400 164 820 174 15
31440 In Person 1871 168 8.98 % 43 21 62 16 2
31440 Vote by Mail 1871 795 42.49 % 260 61 293 49 3
31440 Total 1871 963 51.47 % 303 82 355 65 5
51440 In Person 33 4 12.12 % 1 3
51440 Vote by Mail 33 13 39.39 % 7 1 2 1
51440 Total 33 17 51.52 % 7 2 5 1
Electionwide In Person 6015 410 6.82 % 120 48 134 35 5
Electionwide Vote by Mail 6015 3517 58.47 % 1590 200 1046 205 15 Electionwide Total 6015 3927 65.29 % 1710 248 1180 240 20 Total - In Person 6015 410 6.82 % 120 48 134 35 5
Total - Vote by Mail 6015 3517 58.47 % 1590 200 1046 205 15 Contest Total 6015 3927 65.29 % 1710 248 1180 240 20
Printed: Wednesday, December 7, 2022 12:46 PM Data Refreshed: Wednesday, December 7, 2022 12:46 PM Page 174 of 246 Santa Cruz
Santa Cruz 2022 November General
District Canvass
November 8, 2022

12.10 1 City of Santa Cruz Councilmember -
District 6
1 1 1
Registered
Voters
Voters Cast
Turnout (%)
SEAN

MAXWELL
RENÉE
GOLDER
Write In
31600 In Person 247 91 36.84 % 44 41 1
31600 Vote by Mail 247 158 63.97 % 92 43
31600 Total 247 249 100.81 % 136 84 1
31601 In Person 5308 271 5.11 % 99 132 3
31601 Vote by Mail 5308 3392 63.90 % 1240 1825 21
31601 Total 5308 3663 69.01 % 1339 1957 24
31602 In Person 448 20 4.46 % 7 7
31602 Vote by Mail 448 289 64.51 % 104 158 1
31602 Total 448 309 68.97 % 111 165 1
31641 In Person 5 0 0.00 %
31641 Vote by Mail 5 4 80.00 % 3
31641 Total 5 4 80.00 % 3
31691 In Person 103 3 2.91 % 2 1
31691 Vote by Mail 103 74 71.84 % 28 36
31691 Total 103 77 74.76 % 30 37
Electionwide In Person 6111 385 6.30 % 152 181 4
Electionwide Vote by Mail 6111 3917 64.10 % 1464 2065 22 Electionwide Total 6111 4302 70.40 % 1616 2246 26
Total - In Person 6111 385 6.30 % 152 181 4
Total - Vote by Mail 6111 3917 64.10 % 1464 2065 22
Contest Total 6111 4302 70.40 % 1616 2246 26
Printed: Wednesday, December 7, 2022 12:46 PM Data Refreshed: Wednesday, December 7, 2022 12:46 PM Page 175 of 246 Santa Cruz
Santa Cruz 2022 November General
District Canvass
November 8, 2022

12.11 1 N - City Of Santa Cruz Empty Home Tax Initiative - Majority To Pass 2 O - City Of Santa Cruz Our Downtown, Our Future - General Plan And Downtown Plan Amendment Initiative - Majority To Pass 3 P - City Of Santa Cruz Transient Occupancy Tax - Majority To Pass
1 1 2 2 3 3
Registered
Voters
Voters Cast
Turnout (%)
Yes
No
Yes
No
Yes
No
11100 In Person 2532 121 4.78 % 54 66 45 69 74 43
11100 Vote by Mail 2532 1755 69.31 % 490 1212 590 1081 1283 416 11100 Total 2532 1876 74.09 % 544 1278 635 1150 1357 459 31100 In Person 1924 124 6.44 % 49 73 64 49 86 33
31100 Vote by Mail 1924 1265 65.75 % 476 757 472 733 980 250 31100 Total 1924 1389 72.19 % 525 830 536 782 1066 283
31130 In Person 160 16 10.00 % 8 6 6 8 9 5
31130 Vote by Mail 160 76 47.50 % 39 35 33 40 67 8
31130 Total 160 92 57.50 % 47 41 39 48 76 13
31200 In Person 6673 398 5.96 % 228 150 173 193 289 86
31200 Vote by Mail 6673 4166 62.43 % 1978 2079 1652 2320 3257 737 31200 Total 6673 4564 68.40 % 2206 2229 1825 2513 3546 823 31300 In Person 6758 387 5.73 % 231 139 168 196 298 71
31300 Vote by Mail 6758 4284 63.39 % 1676 2502 1557 2527 3328 812 31300 Total 6758 4671 69.12 % 1907 2641 1725 2723 3626 883 31400 In Person 4111 238 5.79 % 132 94 97 122 175 51
31400 Vote by Mail 4111 2709 65.90 % 1127 1499 1066 1519 2141 465 31400 Total 4111 2947 71.69 % 1259 1593 1163 1641 2316 516 31440 In Person 1871 168 8.98 % 116 47 70 89 130 33
31440 Vote by Mail 1871 795 42.49 % 504 260 338 398 633 125 31440 Total 1871 963 51.47 % 620 307 408 487 763 158
31500 In Person 735 11 1.50 % 7 4 1 9 9
31500 Vote by Mail 735 548 74.56 % 129 413 183 347 402 129 31500 Total 735 559 76.05 % 136 417 184 356 411 129
31510 In Person 116 264 227.59 % 213 30 121 119 221 26
31510 Vote by Mail 116 46 39.66 % 38 5 12 27 42 3
31510 Total 116 310 267.24 % 251 35 133 146 263 29
31541 In Person 36 44 122.22 % 40 2 27 14 41 2
31541 Vote by Mail 36 20 55.56 % 18 2 4 16 19 1
31541 Total 36 64 177.78 % 58 4 31 30 60 3
31550 In Person 106 135 127.36 % 105 18 73 49 111 13
31550 Vote by Mail 106 56 52.83 % 51 2 17 32 49 5
31550 Total 106 191 180.19 % 156 20 90 81 160 18
31600 In Person 247 91 36.84 % 81 9 49 41 78 13
31600 Vote by Mail 247 158 63.97 % 140 15 58 88 138 13
31600 Total 247 249 100.81 % 221 24 107 129 216 26
31601 In Person 5308 271 5.11 % 134 133 110 149 193 68
31601 Vote by Mail 5308 3392 63.90 % 1362 1944 1261 2000 2630 646 31601 Total 5308 3663 69.01 % 1496 2077 1371 2149 2823 714 31602 In Person 448 20 4.46 % 9 10 8 9 15 4
31602 Vote by Mail 448 289 64.51 % 117 161 117 151 204 71 31602 Total 448 309 68.97 % 126 171 125 160 219 75
31641 In Person 5 0 0.00 %
31641 Vote by Mail 5 4 80.00 % 1 3 3 1 1
31641 Total 5 4 80.00 % 1 3 3 1 1
31691 In Person 103 3 2.91 % 2 1 1 2 3
31691 Vote by Mail 103 74 71.84 % 42 30 20 50 65 8
31691 Total 103 77 74.76 % 44 31 21 52 68 8
51100 In Person 379 24 6.33 % 13 11 12 11 16 7
Printed: Wednesday, December 7, 2022 12:46 PM Data Refreshed: Wednesday, December 7, 2022 12:46 PM Page 242 of 246 Santa Cruz
Santa Cruz 2022 November General
District Canvass
November 8, 2022

12.12 1 N - City Of Santa Cruz Empty Home Tax Initiative - Majority To Pass 2 O - City Of Santa Cruz Our Downtown, Our Future - General Plan And Downtown Plan Amendment Initiative - Majority To Pass 3 P - City Of Santa Cruz Transient Occupancy Tax - Majority To Pass
1 1 2 2 3 3
Registered
Voters
Voters Cast
Turnout (%)
Yes
No
Yes
No
Yes
No
51100 Vote by Mail 379 232 61.21 % 87 139 84 138 170 54 51100 Total 379 256 67.55 % 100 150 96 149 186 61
51110 In Person 2520 119 4.72 % 62 54 52 60 88 26
51110 Vote by Mail 2520 1516 60.16 % 781 696 625 835 1202 263 51110 Total 2520 1635 64.88 % 843 750 677 895 1290 289
51200 In Person 298 19 6.38 % 10 9 10 9 14 5
51200 Vote by Mail 298 167 56.04 % 81 78 76 83 125 32
51200 Total 298 186 62.42 % 91 87 86 92 139 37
51440 In Person 33 4 12.12 % 4 2 2 2 2
51440 Vote by Mail 33 13 39.39 % 3 10 7 6 10 3
51440 Total 33 17 51.52 % 7 10 9 8 12 5
51500 In Person 992 56 5.65 % 35 14 20 29 38 11
51500 Vote by Mail 992 377 38.00 % 185 181 147 204 296 58 51500 Total 992 433 43.65 % 220 195 167 233 334 69
51501 In Person 159 4 2.52 % 4 3 4
51501 Vote by Mail 159 99 62.26 % 53 41 27 66 71 22
51501 Total 159 103 64.78 % 57 41 27 69 75 22
51520 In Person 224 2 0.89 % 2 1 1 2
51520 Vote by Mail 224 173 77.23 % 90 77 47 117 148 18
51520 Total 224 175 78.13 % 92 77 48 118 150 18
51530 In Person 517 29 5.61 % 18 10 18 11 23 6
51530 Vote by Mail 517 296 57.25 % 177 109 135 149 257 30 51530 Total 517 325 62.86 % 195 119 153 160 280 36
Electionwide In Person 36255 2548 7.03 % 1557 880 1128 1244 1919 505 Electionwide Vote by Mail 36255 22510 62.09 % 9645 12250 8528 12930 17518 4170 Electionwide Total 36255 25058 69.12 % 11202 13130 9656 14174 19437 4675 Total - In Person 36255 2548 7.03 % 1557 880 1128 1244 1919 505 Total - Vote by Mail 36255 22510 62.09 % 9645 12250 8528 12930 17518 4170 Contest Total 36255 25058 69.12 % 11202 13130 9656 14174 19437 4675 Printed: Wednesday, December 7, 2022 12:46 PM Data Refreshed: Wednesday, December 7, 2022 12:46 PM Page 243 of 246 Santa Cruz
Santa Cruz 2022 November General
District Canvass
November 8, 2022

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

MINUTES OF A CITY COUNCIL MEETING
November 15, 2022
11:30 AM
Mayor Brunner opened the City Council Closed Session at 11:32 a.m. in a public meeting in Council Chambers, for the purpose of announcing the agenda, and receiving public testimony.

Roll Call

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

Absent: Councilmember Golder.

Staff: City Manager M. Huffaker, Assistant City Manager L. Schmidt, City Attorney T. Condotti, Deputy City Manager/Director of Human Resources L. Murphy, Finance Director E. Cabell, Director of Economic Development B. Lipscomb (via Zoom), Deputy City Clerk Administrator J. Wood, City Clerk Administrator B. Bush.

Referral to Closed Session

1. Tannery Arts Center – 890 River Street, 1000 River Street, and 1020 River Street (ED)
Mayor Brunner opened the public comment period. There were no speakers.

Mayor Brunner closed the public comment period.

MOTION: Vice Mayor Watkins moved, seconded by Councilmember Brown, to refer to Closed Session for discussion regarding potential termination of nonhousing ground lease.

ACTION: The motion carried with the following vote.

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

NOES: None.

ABSENT: Councilmember Golder.

DISQUALIFIED: None.

13.1 November 15, 2022 CITY COUNCIL MINUTES 6273
Public Comment
Mayor Brunner opened the public comment period at 11:33 a.m. There were no speakers. Mayor Brunner closed the public comment period at 11:33 a.m., at which time the meeting was closed to the public and Council adjourned to the Courtyard Conference Room.

Closed Session

2. Conference with Labor Negotiators (Government Code §54957.6) Police Officers Association
Police Management Association
SEIU Temporary Employees
SEIU Service Employees
Supervisors, OE3
City Negotiator - Lisa Murphy
Council received a status report from the City Negotiator, and no reportable action was taken.

3. Real Property Negotiations (Government Code §54956.8) 1) Properties: 890 River Street, 1000 River Street, and 1020 River Street, located at the Tannery Arts Center
APNs: 008-661-11 (Parcel 8), 008-661-12 (Parcel 5), and 008-661-14 (Parcel 3) Owner: City of Santa Cruz
City Negotiator: Bonnie Lipscomb
Negotiating Parties: City of Santa Cruz and Artspace Tannery, LLC.

Under Negotiation: Potential termination of non-housing ground lease 2) Property: 136 River Street
APN: 008-311-07
City Negotiator: Bonnie Lipscomb
Negotiating Parties: City and Thomas, Bobby James, & Elizabeth June, Trustees
Under Negotiation: Price, terms of payment, or both

13.2 November 15, 2022 CITY COUNCIL MINUTES 6274
Closed Session (continued)

3. Real Property Negotiations (Government Code §54956.8) (continued) 3) Property: 24, 30, and 38 Front Street
APNs: 007-212-10, 007-212-09, 007-212-08
Owner: PAP LLC
City Negotiator: Christophe Schneiter
Negotiating Parties: City of Santa Cruz and PAP LLC.

Under Negotiation: Price, terms of payment, or both
Council received a status report from the City Negotiators, gave direction, took up item 3.1 under agenda item 18 on Consent, and no reportable action was taken.

Councilmember Brown recused herself and left the room during discussion regarding item 3.2 - 136 River Street due to the proximity of where she lives to the parcel.

4. Conference With Legal Counsel – Liability Claims (Government Code §54956.95) 1) Claimant: Mitchell E. Swienton
2) Claimant: Janet Cantolan
Claims against the City of Santa Cruz
Council received a status report, took up under agenda item 22, and no reportable action was taken.

5. Conference with Legal Counsel - Existing Litigation (Government Code §54956.9(d)(1))
Herman, Martin & Kary v. City of Santa Cruz
Santa Cruz Superior Court Case No. 19CV02406
Council received a status report, gave direction, and no reportable action was taken.

13.3 November 15, 2022 CITY COUNCIL MINUTES 6275
City of Santa Cruz
809 Center Street
Santa Cruz, California 95060

MINUTES OF A CITY COUNCIL MEETING
November 15, 2022
1:30 PM
Call to Order – Mayor Brunner called the meeting to order at 1:36 p.m. in Council Chambers.

Roll Call

Present: Councilmembers Kalantari-Johnson, Cummings, Brown, Meyers (arrived at 1:46 p.m. via Zoom); Vice Mayor Watkins; Mayor Brunner.

Absent: Councilmember Golder.

Staff: City Manager M. Huffaker, Assistant City Manager L. Schmidt, City Attorney T. Condotti, Director of Economic Development B. Lipscomb, Director of Public Works M. Dettle, Water Director R. Menard, Chief of Police B. Escalante (via Zoom), Finance Director E. Cabell (via Zoom), Deputy City Manager/Human Resources Director L. Murphy (via Zoom), Fire Chief R. Oatey (via Zoom), Director of Information Technology K.

Morgan (via Zoom), Director of Planning and Community Development L. Butler (via Zoom), Assistant Director of Public Works/City Engineer N.

Nguyen (via Zoom), Economic Development Manager R. Unitt (via Zoom), Deputy City Clerk Administrator J. Wood, City Clerk Administrator B.

Bush.

Presentations

6. Mayoral Proclamation Declaring November 26, 2022 as Small Business Saturday Mayor Brunner read from a proclamation declaring November 26, 2022 as Small Business Saturday.

7. Mayoral Proclamation Declaring November 15, 2022 as Mark Stone Day Mayor Brunner presented a proclamation to Assemblymember Mark Stone, declaring November 15, 2022 as Mark Stone Day.

13.4 November 15, 2022 CITY COUNCIL MINUTES 6276
Presiding Officer's Announcements
Statements of Disqualification – Councilmember Brown stated that out of an abundance of caution, she will be recusing herself from item 19 due to the proximity of where she lives and the parcel at 136 River Street.

Additions and Deletions – None.

City Attorney Report on Closed Session – See pages 6273—6274 for the report.

City Manager Report

8. The City Manager provided a report and updates on the City's business and events of interest.

City Manager M. Huffaker provided updates on the San Lorenzo Park Restoration and Benchlands encampment closure, the San Lorenzo River Lagoon Culvert Project, the upcoming termination of the CZU Emergency Declaration, preliminary election results, and upcoming community events.

Mayor Brunner made announcements about United Against Hate Week.

Council Meeting Calendar

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

City Clerk Administrator B. Bush reminded Council about the Special Meetings on November 29th and December 6th.

Consent Agenda
Councilmember Cummings pulled item 30 for further discussion.

Councilmember Cummings made a comment on item 17.

Director of Economic Development B. Lipscomb and City Attorney T. Condotti responded to Councilmembers Kalantari-Johnson and Cummings’ questions regarding item 19. Councilmember Brown recused herself during the discussion and left the dais at 2:20 p.m., returning at 2:25 p.m.

13.5 November 15, 2022 CITY COUNCIL MINUTES 6277
Consent Agenda (continued)
Mayor Brunner opened the public comment period. The following people spoke:

Unidentified person spoke regarding item 22.

Unidentified person spoke regarding items 19 and 17.

Shanara Gill spoke regarding item 17.

Mayor Brunner closed the public comment period.

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

ACTION: The motion carried with the following vote.

AYES: Councilmembers Kalantari-Johnson, Cummings, Brown (with the exception of item 19), Meyers; Vice Mayor Watkins; Mayor Brunner.

NOES: None.

ABSENT: Councilmember Golder.

DISQUALIFIED: Councilmember Brown (item 19).

10. Resolution Extending the Emergency Declaration in Connection with the COVID19 Pandemic by Sixty (60) Days (CA) Resolution No. NS-30,057 was adopted extending by sixty days the Declaration of Emergency in connection with the COVID-19 pandemic.

11. Resolution Extending the Emergency Declaration in Connection with the CZU August Lightning Complex Fire by Sixty (60) Days (CA)
Resolution No. NS-30,058 was adopted extending by sixty days the Local Emergency Declaration in connection with the CZU August Lightning Complex Fire and proclaiming the declaration terminated thereafter.

12. Resolution Authorizing the City to Continue Teleconferenced Public Meetings Pursuant to Assembly Bill 361 (CA)
Resolution No. NS-30,059 was adopted authorizing legislative bodies of the City of Santa Cruz to continue the use of teleconferenced meetings pursuant to Assembly Bill 361.

13.6 November 15, 2022 CITY COUNCIL MINUTES 6278
Consent Agenda (continued)

13. Minutes of the October 25, 2022 City Council Meeting (CC) Motion carried to approve as submitted.

14. Set Meeting Dates for Annual Advisory Body Interviews and Appointments and Reappointments (CC)
Motion carried to set the meeting dates for the advisory body applicant interviews at a Special Meeting scheduled on Tuesday, January 17, 2023 at 6:00 p.m., and appointments and reappointments scheduled at the Regular Meeting of Tuesday, January 24, 2023.

15. Resolution Setting the Regular Meeting Schedule for the Calendar Year 2023 (CC)
Resolution No. NS-30,060 was adopted setting the regular meeting schedule for the calendar year 2023, and canceling the following meeting dates: July 11 and 25, and December 26.

16. Contract for City Attorney Services (Effective January 1, 2023) (CM) Motion carried to approve the City Attorney Legal Services Agreement, commencing January 1, 2023, and authorize the City Manager to execute the contract.

17. Letter to Honorable Syda Cogliati Expressing the City's Condemnation of the Vandalism of the Black Lives Matter Mural (CN)
Motion carried to authorize and direct the Mayor to send a letter on behalf of the City Council to Superior Court Judge Syda Cogliati expressing the City’s condemnation of the vandalism of the Santa Cruz Black Lives Matter mural and including sentencing recommendations for the defendants, Brandon Bochat and Hagan Warner, that align with a restorative justice approach as outlined by the Santa Cruz Equity Collab - the group responsible for the installation and maintenance of the mural.

13.7 November 15, 2022 CITY COUNCIL MINUTES 6279
Consent Agenda (continued)

18. Terminate the Non-Housing Ground Lease at the Tannery Arts Center (ED) Resolution No. NS-30,061 was adopted terminating the August 2007 Ground Lease (Non-Housing) with Artspace Tannery LLC for three parcels at the Tannery Arts Center.

19. For the Future Housing, Inc., a California Corporation – Loan Agreement (ED) Motion carried to:
1) Direct the City Manager to enter into Loan and Regulatory Agreements, in forms approved by the City Attorney, with For the Future Housing, Inc., a California corporation, for a loan in the amount not to exceed $1,800,000 for the purposes of acquiring 136 River Street and constructing an affordable housing project; and
2) Adopt Resolution No. NS-30,062 amending the FY 2023 budget by transferring $1,800,000 from the Public Trust Fund to the Affordable Housing Trust Fund to fund the agreements.

20. Amendment to Extend Contract for Heating, Ventilation and Air Conditioning (HVAC) Preventive Maintenance Services (FN)
Motion carried to execute an amendment to extend the existing contract for onsite HVAC preventative and emergency maintenance service with Airtec Service, 175 Aviation Way, Watsonville, CA 95076 for FY 2023.

21. Award Contract for On Site Tire Replacement and Roadside Tire Service (FN) Motion carried to execute and award a contract for onsite tire replacement and roadside tire service with Priors Tires, 115 Post Street Santa Cruz, CA., in the amount ‘not to exceed’ $175,000.

22. Liability Claims Filed Against the City of Santa Cruz (FN) Motion carried to reject the liability claims of a) Mitchell E. Swienton, and b) Janet Cantolan, based on staff recommendation.

13.8 November 15, 2022 CITY COUNCIL MINUTES 6280
Consent Agenda (continued)

23. Year-End Budget Adjustment for FY 2022 (FN)
Resolution No. NS-30,063 was adopted amending the FY 2022 budget where annual revenues and expenditures need adjustments in various funds.

24. SEIU Local 521 Tentative Agreement for a Successor Memorandum of Understanding (HR)
Resolution No. NS-30,064 was adopted approving a Tentative Agreement with SEIU Local 521 effective October 1, 2022 through October 10, 2025.

25. Supervisors Unit of the City of Santa Cruz Memorandum of Understanding (HR) Resolution No. NS-30,065 was adopted approving a tentative agreement with the Supervisor Unit Association of the City of Santa Cruz effective November 12, 2022 through December 5, 2025.

26. Office of Traffic Safety Selective Traffic Enforcement Program – Grant Acceptance (#PT23069) (PD)
Resolution No. NS-30,066 was adopted amending the FY 2023 budget and authorizing the acceptance and appropriation of funds from the Office of Traffic Safety for the Selective Traffic Enforcement Program. The City Manager is hereby authorized and directed to execute the contact and agreements associated with the acceptance of this grant.

27. Award Contract for Sewer Cleaner Combination Truck - Budget Adjustment (PW)
Motion carried to:
1) Award a contract for the purchase of one replacement Sewer Cleaner Combination Truck from Owen Equipment (Fairfield, CA), in the amount of $595,077.10; and
2) Adopt Resolution No. NS-30,067 to amend the FY 2023 budget and appropriate funds in the amount of $595,077.10 from the Wastewater Fund to purchase the sewer cleaner combination truck.

13.9 November 15, 2022 CITY COUNCIL MINUTES 6281
Consent Agenda (continued)

28. SCRRF Green and Wood Waste Processing Services – Authorization to Advertise and Award (PW)
Motion carried approving the specifications for the Santa Cruz Resource Recovery Facility (SCRRF) Green and Wood Waste Processing Services and authorizing staff to advertise for bids and award the contract. The City Manager is hereby authorized and directed to execute the contract in a form approved by the City Attorney. The Public Works Director is authorized to execute change orders within the approved project budget.

29. FEMA Building Resilient Infrastructure and Communities (BRIC) Grant – Authorization for Application for Grant Funds for Pump Station No. 1 Improvements (PW)
Resolution No. NS-30,068 was adopted authorizing the City Manager to apply for the 2022 Federal Emergency Management Agency’s (FEMA) Building Resilient Infrastructure and Communities (BRIC) Grant for improvements to Pump Station No. 1.

30. Santa Cruz High School Parking (PW)
Assistant Director of Public Works/City Engineer N. Nguyen responded to Councilmember questions.

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

Mayor Brunner closed the public comment period.

MOTION: Councilmember Cummings moved, seconded by Councilmember Kalantari-Johnson, to direct staff to:
 Continue working with Santa Cruz High School to address weekday parking issues,
 Return to Council on or before the second meeting in April with an update, and
 Encourage Santa Cruz City Schools to explore transportation demand management programs.

13.10 November 15, 2022 CITY COUNCIL MINUTES 6282
Consent Agenda (continued)

30. Santa Cruz High School Parking (PW) (continued)
ACTION: The motion carried with the following vote.

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

NOES: None.

ABSENT: Councilmember Golder.

DISQUALIFIED: None.

31. Downtown Intersection Improvements (c401903) – Concept Striping Plan (PW) Motion carried to approve the concept striping plan for the Downtown Intersection Improvements (c401903) project along Front Street between Laurel Street and Soquel Avenue.

32. Beltz 12 Phase I Ammonia Removal Improvements Project – Approval of CEQA Exemption, Plans and Specifications and Authorization to Advertise for Bids and Award Contract (WT)
Motion carried to approve the Plans and Specifications for the Beltz 12 Phase I Ammonia Removal Improvements Project (c720203), authorize staff to advertise for bids and the Water Director to execute change orders within the approved project budget, and find the Project exempt under the California Environmental Quality Act. The City Manager is hereby authorized and directed to execute the contract as authorized by Resolution No. NS-27,563.

33. Soquel Avenue Water Main Replacement Project – Approval of CEQA Exemption, Plans and Specifications, and Authorization to Advertise and Award Contract (WT)
Motion carried to approve plans and specifications for the Soquel Avenue Water Main Replacement Project, authorize staff to advertise for bids, and authorize the Water Director to execute change orders within the approved project budget and find the Project exempt under the California Environmental Quality Act. The City Manager is hereby authorized and directed to execute the contract as authorized by Resolution No. NS-27,563.

13.11 November 15, 2022 CITY COUNCIL MINUTES 6283
Consent Agenda (continued)

34. Water Supply Augmentation Strategy, Aquifer Storage and Recovery Demonstration Study in Beltz Wells 8 &12, Pueblo Water Resources Professional Service Contract (WT)
Motion carried authorizing the City Manager to execute an agreement in the amount of $141,023 with Pueblo Water Resources of Ventura, CA for Aquifer Storage and Recovery Demonstration Study in Beltz Wells 8 & 12 in a form to be approved by the City Attorney and authorizing the Water Director to execute amendments within the approved project budget.

End Consent Agenda
Council took a break at 2:47 p.m. and returned at 3:02 p.m.

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

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

ACTION: The motion carried with the following vote.

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

NOES: None.

ABSENT: Councilmember Golder.

DISQUALIFIED: None.

35. 2nd Reading and Final Adoption of Ordinance No. 2022-13 Amending Building Regulations Contained in Title 18 of the Santa Cruz Municipal Code and Adopting the California Code of Regulations Title 24, 2022 Building Standards Code to Establish Minimum Requirements to Safeguard Public Health, Life, Safety and General Welfare (PL)
Motion carried to adopt Ordinance No. 2022-13 amending Title 18 of the Municipal Code and adopting the 2022 editions of the California Building Standards Code, California Code of Regulations Title 24, Parts 1, 2, 2.5, 3, 4, 5, 6, 8, 10, 11, and 12, including referenced appendices, amendments, and modifications.

13.12 November 15, 2022 CITY COUNCIL MINUTES 6284
Consent Public Hearings (continued)

36. 2nd Reading and Final Adoption of Ordinance No. 2022-14 Adopting the 2022 Edition of the California Fire Code and Fire Code Standards, Including Annual Supplements and State Amendments and Errata (FD)
Motion carried to adopt Ordinance No. 2022-14 to (1) amend Santa Cruz Municipal Code Chapter 19.05 to adopt and incorporate by reference the 2022 edition of the California Fire Code and make other amendments; and (2) amend Santa Cruz Municipal Code Chapter 19.10.

37. A22-0004: Amendment to Section 24.12.1310 of Santa Cruz Municipal Code Title 24 - Zoning Ordinance to Allow Cannabis Retail Deliveries to the City from Legal Retail Delivery Businesses Located within any Jurisdiction within Santa Cruz County (PL)
Introduce for publication Ordinance No. 2022-17 amending Section 24.12.1310 of Santa Cruz Municipal Code Title 24, to allow cannabis retail deliveries to the City from legal retail delivery businesses located within any jurisdiction within Santa Cruz County.

38. 2nd Reading and Final Adoption of Ordinance No. 2022-16 Permanent Outdoor Dining Program: Amending Uncodified Ordinance 2020-27 Extending Temporary Use of Certain Adjacent Public Street and Outdoor Areas for Eligible Businesses (ED)
Motion carried to adopt Ordinance No. 2022-16, including the revisions provided by staff to extend the expiration from March 31, 2023 to October 31, 2023, and remove the line, “Temporary Use in Public Right-of-Way: shall expire on March 31, 2023,” amending uncodified Ordinance No. 2020-27 extending temporary use of certain adjacent public street and outdoor areas for eligible businesses that:
a) Extends the temporary period for commercial use in the public right-ofway, currently set to expire the end of this December through October 31, 2023; and
b) Extends the temporary period for commercial use on private property from the end of this December through March 31, 2024; and c) Extends the expiration date to March 31, 2023 for the partial closure of Cathcart Street.

13.13 November 15, 2022 CITY COUNCIL MINUTES 6285
Public Hearing

39. Permanent Outdoor Dining Program Update: Second Reading of Ordinance No. 2022-15 Related to Public On-street Parking Spaces, Adoption of a Resolution Establishing the Parklet Fee Schedule, Adoption of a Resolution Establishing the Parklet Guidelines, and Review the Pre-Approved Parklet Designs (ED) Economic Development Manager R. Unitt and Director of Economic Development B. Lipscomb gave a presentation and responded to Councilmember questions.

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

Unidentified person
Mayor Brunner closed the public comment period.

MOTION: Councilmember Kalantari-Johnson moved, seconded by Mayor Brunner, to:
 Adopt Ordinance No. 2022-15 establishing a permanent parklet program citywide; and
 Adopt Resolution No. NS-30,069 establishing the Parklet Fee Schedule; and  Adopt Resolution No. NS-30,070 adopting the Parklet Guidelines.

ACTION: The motion carried with the following vote.

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

NOES: None.

ABSENT: Councilmember Golder.

DISQUALIFIED: None.

Recess - The City Council recessed at 3:41 p.m. to the 6:00 p.m. session.

13.14 November 15, 2022 CITY COUNCIL MINUTES 6286
City Council
6:00 PM
Call to Order – Mayor Brunner called the meeting to order at 6:00 p.m. in Council Chambers.

Roll Call

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

Absent: None.

Staff: City Manager M. Huffaker, City Attorney T. Condotti, Assistant City Manager L. Schmidt (via Zoom), Director of Planning and Community Development L. Butler, Chief of Police B. Escalante (via Zoom), Finance Director E. Cabell (via Zoom), Director of Information Technology K.

Morgan (via Zoom), Fire Chief R. Oatey (via Zoom), Director of Parks and Recreation T. Elliot (via Zoom), Senior Planner S. Neuse (via Zoom), Superintendent of Parks T. Beck (via Zoom), Urban Forester L. Keedy (via Zoom), Assistant Director of Public Works/City Engineer N. Nguyen (via Zoom), Deputy City Clerk Administrator J. Wood, City Clerk Administrator B. Bush.

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

Oral Communications
At 6:00 p.m. Mayor Brunner opened Oral Communications for members of the public who wished to speak regarding items not listed on the City Council agenda.

Unidentified person spoke regarding the November 2022 election results.

Elise spoke regarding the Downtown Library Project.

Sam Hughes spoke regarding the Teacher’s Assistants strike happening at UCSC, the cost of housing in Santa Cruz, and asking Council to meet with the UCSC Chancellor, and join the students at their picket.

Isadora spoke regarding the strike happening at UCSC, asking Council to urge the University to make good faith negotiations with the Teacher’s Assistants.

13.15 November 15, 2022 CITY COUNCIL MINUTES 6287
Oral Communications (continued)
C.J. Hunt spoke regarding the strike happening at UCSC, and asking Council to speak in opposition to how the university is treating the Teacher’s Assistants.

Unidentified person spoke regarding Measure O in response to a previous caller’s statements.

Peter Bichier spoke regarding the San Lorenzo Park Restoration Project and Benchlands encampment closure, and the benefits it will have on the Lower Ocean and Beach Flats communities.

Rafa Sonnenfeld spoke regarding housing affordability and asked Council to better educate the community on state law and work to achieve a compliant housing element.

Kyle Kelley spoke regarding housing and the number of students that graduate high school every year in relation to the housing built each year and the displacement this causes due to lack of housing.

Anne Segal spoke regarding an appeal hearing that is scheduled on November 29th, asking Council to reschedule the hearing.

Susan [unintelligible last name] spoke regarding building affordable housing and bonus density.

Unidentified person spoke regarding student housing.

At 6:30 p.m. Mayor Brunner closed Oral Communications.

13.16 November 15, 2022 CITY COUNCIL MINUTES 6288
Public Hearing

40. Amendments to Municipal Code Titles 6, 12, 13, 15, 16 and 24 Related to Objective Development Standards for Multi-Family Housing, New Mixed-Use Zoning Districts, Development Review Process Changes, Street Trees, Right-ofWay Improvements, and the Water Efficient Landscape Ordinance; Associated Updates to the Zoning Map; and Establish In-Lieu Fees for Street Tree Removals (File No. FP20-0002) and Additional Modifications to Municipal Code Title 24 to Clarify and Update Various Code Sections Related to Wireless Communication Facilities, Accessory Structures, Fences, and Other Minor Updates; Remove Obsolete Sections and References; Streamline Application Processes; and Bring the Zoning Ordinance into Conformity with State Law, also Rezoning Parcels of Property throughout the City to Reflect Existing General Plan Land Use Allowances. Changes Include Some Amendments to the Local Coastal Program or Its Implementation Plan that Require Subsequent Coastal Commission Approval. (File Nos. A22-0002 and A22-0003) (PL)
Director of Planning and Community Development L. Butler introduced the item and responded to Councilmember questions.

Senior Planner S. Neuse and Superintendent of Parks T. Beck gave a presentation and responded to Councilmember questions.

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

Rafa Sonnenfeld
Kate Achilles
Henry Hooker
Emma
Unidentified person
Kevin Stierhuff
Unidentified person
Elise Casby
Unidentified person
Gary Patton
Kyle Kelley
Candace Brown
Zennon Ulyate-Crow
Unidentified person
Mayor Brunner closed the public comment period.

Urban Forester L. Keedy and Assistant Director of Public Works/City Engineer N. Nguyen responded to Councilmember questions.

13.17 November 15, 2022 CITY COUNCIL MINUTES 6289
Public Hearing (continued)

40. Objective Standards (PL) (continued)
MOTION: Councilmember Meyers moved, seconded by Councilmember Brown, to:
1) Remove 111, 113, 115, and 119 Leonard Street from zoning map amendments.
2) Direct staff to initiate a planning process through the Ocean Street Area Plan, Housing Element update, and Downtown Expansion Plan, to study 111, 113, 115, and 119 Leonard Street parcels, with the goal of reducing the residential density and eliminating commercial use for those three parcels, and accommodate the lost residential density in another area, as required by state law.
3) Direct staff to return to Council at the January 24, 2023 meeting with a project schedule for the planning process for the planning outcomes. Within one year of initiation, provide a report on the project schedule and return to Council for potential direction to pursue the option of a General Plan amendment if the 3-part planning process described in #2 has begun to experience an extended timeline unforeseen by staff.

FRIENDLY AMENDMENT: Vice Mayor Watkins requested to amend #2 with the underlined amendment, “Direct staff to initiate a planning process through the Ocean Street Area Plan, Housing Element update, and Downtown Expansion Plan, to study 111, 113, 115 and 119 Leonard Street parcels, with the goal of designating the parcels as low-medium residential density and eliminating commercial use for those three parcels, and accommodate the lost residential density in another area, as required by state law.” Councilmembers Meyers and Brown accepted.

ACTION: The motion, as amended, 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.

13.18 November 15, 2022 CITY COUNCIL MINUTES 6290
Public Hearing (continued)

40. Objective Standards (PL) (continued)
MOTION: Vice Mayor Watkins moved, seconded by Councilmember Kalantari-Johnson, to:
1) Introduce for publication Ordinance No. 2022-18 making the amendments to the Santa Cruz Municipal Code for code sections not included in the Local Coastal Program or Implementation Plan; and
2) Introduce for publication Ordinance No. 2022-19 making the amendments to the Santa Cruz Municipal Code, for code sections included in and making modifications to the Local Coastal Program or Implementation Plan, and in doing so, select Option 3 (hybrid) as the policy governing a requirement for public hearings for conforming residential and mixed-use projects; and 3) Introduce for publication Ordinance No. 2022-20 making the proposed amendments to the zoning map, as stated in the ordinance and as shown in the associated map exhibit and parcels list for parcels inside the Coastal Zone, which represent changes to the Local Coastal Program Implementation Plan; and
4) Introduce for publication Ordinance No. 2022-21 making the proposed amendments to the zoning map, as stated in the ordinance and as shown in the associated map exhibit and parcels list for parcels outside the Coastal Zone, as amended; and
5) Adopt Resolution No. NS-30,071 establishing a new in-lieu fee requirement for street tree removals; and
6) Adopt Resolution No. NS-30,072 establishing mitigation requirements for the removal of a heritage tree or heritage shrub, and rescinding Resolution No. NS-28,707.

13.19 November 15, 2022 CITY COUNCIL MINUTES 6291
Public Hearing (continued)

40. Objective Standards (PL) (continued)
SUBSTITUTE MOTION: Councilmember Cummings moved, seconded by Councilmember Brown, to:
1) Introduce for publication Ordinance No. 2022-18 making the amendments to the Santa Cruz Municipal Code, for code sections not included in the Local Coastal Program or Implementation Plan with amendments to the select sections to include the following language underlined below:

24.08.1345 Establishing Low- and Moderate-Income Occupancy The applicant shall arrange for the appropriate government agency to verify the rent that was charged the last time the unit was occupied.

Affordability will be determined based on whichever (tenant income or rent) is lowest.
1(a)(3) In the event that a tenant’s income is not verified, or the last rent charged cannot be verified, the assumption shall be made that the unit is occupied by a low- and moderate-income household. 1(b)(2) The applicant shall arrange to have the Public Housing Authority (PHA) verify the income of said tenants and arrange to have the appropriate government agency to verify the rent that was charged the last time the unit was occupied, for the purposes of establishing lowand moderate-income housing units. 1(b)(3) In the event that the most recent tenant cannot be located or identified, and/or the last rent charged cannot be determined, the assumption shall be made that the unit was occupied by a low- and/or moderate-income household.

24.08.1350 Relocation Assistance
Relocation assistance shall be defined as two months’ rent at an equivalent market rate and the equivalent market rate security deposit.

24.08.1360 Replacement Housing Requirements
1a. The basic requirement is that fifty percent 100% of all low- or moderate-income bedrooms demolished or converted shall be replaced either on site, or elsewhere in the City of Santa Cruz, or a combination of both.

13.20 November 15, 2022 CITY COUNCIL MINUTES 6292
Public Hearing (continued)

40. Objective Standards (PL) (continued)
SUBSTITUTE MOTION (continued):
1e. The basic fifty percent 100% bedroom replacement requirement represents a determination of financial feasibility: that being, a greater percentage would render most projects economically infeasible. In the R-T Districts, however, due to greater allowable densities, the one hundred percent bedroom replacement requirement is determined to be feasible. In the C Districts, due to greater allowable use intensities resulting from the possibility to do both commercial and residential development without one reducing the other, the one hundred percent bedroom replacement requirement is determined to be feasible. could utilize section 8 housing vouchers to cover the market rate costs for providing the subsidized units and make projects feasible.

Section 24.16.020.9 Basic On-site Inclusionary Housing Requirement

9. For purposes of calculating the number of inclusionary units required by this section, any dwelling units authorized as a density bonus pursuant to Part 3 of this chapter shall not be counted as part of the residential development. However, if a developer receives a city rental housing bonus as authorized by Section 24.16.035(4), then all of the dwelling units in the project, including the dwelling units authorized as a density bonus, shall be counted as part of the residential development for purposes of calculating the inclusionary units required by this section. Projects with a 30 percent density bonus shall have a 25 percent inclusionary requirement. Projects with a 50 percent density bonus shall have a 30 percent inclusionary requirement.
2) Direct staff to agendize an item at a future meeting to amend the Santa Cruz Municipal Code Sections 15.20.210, 15.20.220, and 13.30.060 to consider making the City be the responsible party for damage to private property caused by City Street trees.
3) Direct staff to bring back an ordinance for consideration amending the Zoning Map, excluding changes to the zoning designations along the major transportation corridors except to conform to the specific density and floor area ratio designations in the General Plan.

13.21 November 15, 2022 CITY COUNCIL MINUTES 6293
Public Hearing (continued)

40. Objective Standards (PL) (continued)
SUBSTITUTE MOTION (continued):
4) Introduce for publication Ordinance No. 2022-19 making the amendments to the Santa Cruz Municipal Code, for code sections included in and making modifications to the Local Coastal Program or Implementation Plan, and in doing so, select option 2 (Conforming Hearings) as the policy governing a requirement for public hearings for conforming residential and mixed-use projects.

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

AYES: Councilmembers Cummings, Brown.

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

ABSENT: None.

DISQUALIFIED: None.

ACTION: The original motion carried with the following vote.

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

NOES: Councilmembers Cummings, Brown.

ABSENT: None.

DISQUALIFIED: None.

Adjournment - The City Council adjourned at 9:56 p.m.

Respectfully Submitted:

Julia Wood, Deputy City Clerk Administrator
Attest:

Bonnie Bush, City Clerk Administrator
Approved:

Sonja Brunner, Mayor

13.22 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
November 29, 2022
4:00 PM
Call to Order – Mayor Brunner called the meeting to order at 4:00 p.m. via Zoom and in Council Chambers.

Roll Call

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

Absent: None.

Staff: Assistant City Manager L. Schmidt, Deputy City Attorney C. Bronson, Fire Chief R. Oatey, Water Director R. Menard, Director of Planning and Community Development L. Butler (via Zoom), Finance Director E.

Cabell (via Zoom), Director of Information Technology K. Morgan (via Zoom), Director of Public Works M. Dettle (via Zoom), Director of Parks and Recreation T. Elliot (via Zoom), City Attorney T. Condotti (via Zoom), Senior Planner C. Stanger (via Zoom), Deputy Fire Marshal T.

Shields (via Zoom), Deputy City Clerk Administrator J. Wood, City Clerk Administrator B. Bush.

Consent Agenda
Councilmember Golder made a comment on item 2.

Councilmember Cummings made a comment on item 1.

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

Unidentified person spoke regarding item 1.

Sam Hughes spoke regarding item 1.

Aviva Fields spoke regarding item 1.

Mayor Brunner closed the public comment period.

14.1 November 29, 2022 CITY COUNCIL SPECIAL MEETING MINUTES 6295 Consent Agenda (continued)
MOTION: Councilmember Golder moved, seconded by Councilmember Cummings, to approve the Consent Agenda.

ACTION: The motion carried with the following vote.

AYES: Councilmembers Kalantari-Johnson, Golder, Cummings, Brown, Meyers (with the exception of item 1); Vice Mayor Watkins; Mayor Brunner.

NOES: Councilmember Meyers (item 1 only).

ABSENT: None.

DISQUALIFIED: None.

1. City Council and Community Support of UC Academic Worker Strike and “Fair UC Now” Bargaining Requests (CN)
Motion carried to direct the Mayor to write a letter on behalf of the City Council and Santa Cruz community to the University of California (UC) Regents, the “Fair UC Now” and UC Regents bargaining teams, and UC President Michael V. Drake to acknowledge how difficult it is for UC graduate students and UC workers to afford to live in communities across the state of California where the cost of rent far outstrips their salaries; express the Santa Cruz City Council and community support of the current UAW 5810, UAW 2865, and SRU-UAW Postdoc, Academic Researcher, Graduate Student Researcher, Trainees, Fellows, Graduate Student Instructors, Readers and Tutors strike and the students’ bargaining proposal as presented in the campaign “Fair UC Now”; and urge the UC Regents to find an immediate remedy and resolution.

2. Purchase of Type 1 Fire Engine (FD)
Motion carried to:
 Adopt Resolution No. NS-30,073 amending the FY 2023 budget to transfer $850,000 from the City of Santa Cruz Capital Investment Program (CIP) to FY 2023 Fire Department Capital CIP budget number c212315; and  Approve the purchase of a type 1 Fire Engine, using Project c212315, in the amount of $850,000.00 from Golden State Fire Apparatus.

End Consent Agenda

14.2 November 29, 2022 CITY COUNCIL SPECIAL MEETING MINUTES 6296 General Business

3. Securing Our Water Future Resolution and Policy Guidance for Water Supply Augmentation to Improve Water Supply Reliability for Santa Cruz Water Service Customers (WT)
Water Director R. Menard gave a presentation and responded to Councilmember questions.

Dr. Bob Raucher of Raucher, LLC spoke.

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

Jim Mekis
Walter Wadlow
Rick Longinotti
Becky Steinbruner
Justin Burks
Doug Engfer
Sierra Ryan
Unidentified person
Mayor Brunner closed the public comment period.

MOTION: Councilmember Meyers moved, seconded by Vice Mayor Watkins, to:
 Adopt Resolution No. NS-30,074 establishing a policy on Securing Our Water Future that provides guidance and direction for the development and implementation of water supply augmentation projects needed to resolve Santa Cruz’s long-standing water supply reliability issue; and  Direct staff to add the policy direction included in the Securing Our Water Future resolution to the City Council’s Policy Manual as policy 34.7, Securing Our Water Future Policy Guidance for Water Supply Augmentation to Address Santa Cruz’s Water Supply Reliability Issue.

ACTION: The motion carried unanimously with the following vote.

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

NOES: None.

ABSENT: None.

DISQUALIFIED: None.

14.3 November 29, 2022 CITY COUNCIL SPECIAL MEETING MINUTES 6297 Public Hearing

4. Appeal of Planning Commission Approval of CP20-0068 Located at 126 Eucalyptus Avenue & 136 Pelton and Including a Non-Residential Demolition Authorization Permit, Sequential Lot Line Adjustment, Special Use Permit, Coastal Permit, Design Permit, and Heritage Tree Removal Permit to Reconfigure Five Lots into Two, Demolish Two Existing School Buildings (Approximately 28,417 Square Feet), Remove Six Heritage Trees, and Construct a 76-Unit (Including 13 Full Dwelling Units) Senior Housing Facility on a Site Listed on the Historic Building Survey (Vol. 1, p. 39) in the R 1 5/WCD O/CZ O/SP O (Single family residence/West Cliff Drive Overlay/Coastal Zone Overlay/Shoreline Protection Overlay) Zone District. (Environmental Determination: Categorical Exemption; Exempt under PRC CEQA Section 21083.3) Applicant: Roger Bernstein, Filed 8/10/2020 (PL) Senior Planner C. Stanger gave a presentation and responded to Councilmember questions.

Appellant #1 Roger Bernstein, Vice President of Construction with Oppidan, spoke regarding this item.

Appellant #1, Frank Petrilli, Land-Use Attorney with Coblentz Patch Duffy & Bass, spoke regarding this item.

Appellant #2, Anne Segal spoke regarding this item.

Appellant #1 Roger Bernstein, Vice President of Construction with Oppidan, spoke in response to Anne Segal’s testimony.

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

Craig James
Robert Segal
Father Matthew Spencer
Dennis Hagen
Blaine Halley
Unidentified person
Keith Higgins
Russell Weiss
Dennis Riggin
Carlos Valdez
Kathy Pappas
Ralph Meyberg

14.4 November 29, 2022 CITY COUNCIL SPECIAL MEETING MINUTES 6298 Public Hearing (continued)

4. Appeal of Planning Commission Approval of CP20-0068 Located at 126 Eucalyptus Avenue & 136 Pelton (continued)
Barry Michelle
Shawn Medved
Paul Brown
Ryan Meckel
Mayor Brunner closed the public comment period.

Deputy Fire Marshal T. Shields responded to Councilmember questions.

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

MOTION: Councilmember Kalantari-Johnson moved, seconded by Vice Mayor Watkins, to adopt Resolution No. NS-30,075 denying the appeal of Anne and Robert Segal and upholding the appeal of Roger Bernstein, thereby approving the Non-Residential Demolition Authorization Permit, Sequential Lot Line Adjustment, Special Use Permit, Coastal Permit, Design Permit, and Heritage Tree Removal Permit to reconfigure five lots into two, demolish two existing school buildings (approximately 28,417 square feet), remove six heritage trees, and construct a 76-unit (including 13 full dwelling units) senior housing facility, and amending Condition of Approval 26 as follows:
“The owner shall comply with the inclusionary housing requirements as outlined in Section 24.16.010 et seq. of the Zoning Ordinance. Specifically, two three units shall be provided to low-income households at an affordable rent, in accordance with the applicant’s agreement to round up the required 2.6 inclusionary units to 3 units. The inclusionary units shall be rented to qualifying assisted living tenants. An inclusionary unit may be rented to a qualifying independent living tenant in the event that a qualifying assisted living tenant is not available. Each inclusionary unit shall meet the definition of a dwelling unit per SCMC section 24.22.320, including a full kitchen. A Participation Agreement establishing compliance with inclusionary housing requirements shall be entered into prior to building permit issuance and recorded prior to final occupancy of the first unit.”

14.5 November 29, 2022 CITY COUNCIL SPECIAL MEETING MINUTES 6299 Public Hearing (continued)

4. Appeal of Planning Commission Approval of CP20-0068 Located at 126 Eucalyptus Avenue & 136 Pelton (continued)
ACTION: The motion carried with the following vote.

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

NOES: Councilmembers Cummings, Brown.

ABSENT: None.

DISQUALIFIED: None.

Adjournment - The City Council adjourned at 8:38 p.m.

Respectfully Submitted:

Julia Wood, Deputy City Clerk Administrator
Attest:

Bonnie Bush, City Clerk Administrator
Approved:

Sonja Brunner, Mayor

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

MINUTES OF A CITY COUNCIL SPECIAL CLOSED SESSION
December 6, 2022
5:30 p.m.

Call to Order – Mayor Brunner called the meeting to order at 5:31 p.m. via Zoom and in the Courtyard Conference Room, at 809 Center Street.

Roll Call

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

Absent: None.

Staff: City Manager M. Huffaker.

Also in Attendance: Consultant Mary Egan.

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

Closed Session

1. Public Employment (Government Code §54957)
City Manager performance evaluation.

Adjournment - The City Council adjourned at 6:37 p.m.

15.1 December 6, 2022 CITY COUNCIL SPECIAL CLOSED SESSION MINUTES 6301 Respectfully Submitted:

Julia Wood, Deputy City Clerk Administrator
Attest:

Bonnie Bush, City Clerk Administrator
Approved:

Donna Meyers, Mayor

15.2 City Council

AGENDA REPORT
DATE: 12/01/2022
AGENDA OF: 12/13/2022
DEPARTMENT: City Manager
SUBJECT: California State Parks Department, Division of Boating and Waterways Shoreline Erosion Control Grant Program – Authorization to Apply For, Accept, and Appropriate Funds for Construction of the West Cliff Drive Revetment Stabilization Project (CM)
RECOMMENDATION: Resolution authorizing the City Manager to apply for, accept, and appropriate funds from The California State Parks Department, Division of Boating and Waterways Shoreline Erosion Control Grant Program for the construction of the West Cliff Drive Revetment Stabilization Project.

BACKGROUND: The California Department of State Parks Division of Boating and Waterways (DBW) has been the state entity with responsibility for statewide shoreline erosion control since 1970. This responsibility was reconfirmed in a 1997 Executive Order and in the 1999 bill that established the Public Beach Restoration Program under DBW. Today DBW fulfills its responsibilities in this area in several ways, including facilitating coastal studies statewide and providing local assistance grants to government agencies that plan and construct cost-effective coastal erosion solutions. These grants come from two programs, the Shoreline Erosion Control and Public Beach Restoration programs.

Authorized in statute by Harbors and Navigation Code sections 65-67.4, the Shoreline Erosion Control Program can assist in the planning and construction of all types of beach erosion control and shoreline stabilization measures, including hard structures like seawalls and other revetment (e.g. riprap). This program can fund up to 50% of nonfederal project costs. There is no predetermined amount of funding available and grants are authorized project by project through the state budget process. Applications are due December 15, 2022.

In the Local Coastal Program adopted in 1992, a specific Parks and Recreation Policy called for completion of the West Cliff Drive Management plan that considers the impacts of climate change in a proactive approach to coastal management and addresses outstanding coastal development permit requirements for shoreline armoring.

In April 2021, staff completed and City Council adopted the West Cliff Drive Adaptation and Management Public Works Plan (Plan) which included an Existing Conditions and Future Vulnerability Assessment (November 2019), consisting of an inventory of the existing conditions along West Cliff Drive; an evaluation of the existing and projected future coastal erosion hazards; an assessment of future vulnerability of the transportation corridor, coastal protection

16.1 structures, water utility-related infrastructure, and coastal resources to sea level rise; (2) an Adaptation Alternatives Analysis (June 2020) consisting of identification of feasible, community-supported adaptation approaches with potential secondary consequences to coastal resources and the fiscal resources of the City; discussion of Monitoring and Potential triggers to initiate different phases of an adaptation pathway to coastal management; (3) Transportation Conceptual Alternatives Analysis (July 2020) evaluating 3 scenarios; and a cost benefit analysis; and (4) a Public Engagement Synthesis (November, 2020, also translated also into Spanish) consisting of a description of engagement process to assess community uses and values, preferences on goals and adaptation strategies and pathways; data and graphs to report engagement findings; and a project website and document box containing detailed engagement pieces.

DISCUSSION: The purpose of the Plan process was to establish a set of scientificallyinformed, community-informed coastal management projects to be implemented in the near-term timeframe of 10 to 15 years to address coastal erosion and adopt them in a Public Works Plan format. The Plan sequences 9 project types, including revetment repairs, to implement over the short term through FY 2033.

As evidence by recent revetment failures and subsequent erosion events, the bimodal Recreational Trail has been impacted and there is the potential that the two-lane roadway corridor could be as well. Two revetment locations were identified in the Plan as priorities since one is failed and the other is estimated to have less than 10 years of useful lifespan remaining.

The 2 revetment locations consist of stacked riprap on the coastal bluffs and cliffs across from homes at 932 and 1016 West Cliff Drive, between Columbia and Woodrow. The City is nearing completion of the design of these revetment repairs and has allocated $500,000 for construction in the current budget’s capital improvements program (CIP). If awarded, the DBW grant will allow the City to fully construct the repairs.

FISCAL IMPACT: The cost to construct the repairs is estimated to be approximately $1,000,000.

The City is seeking $500,000 from DBW. DBW requires a 50% match. The funds already allocated in the current Capital Investment Program (CIP) project, c401501 (West Cliff Drive Revetment Repair), will serve as the match award in addition to in-kind services in the form of staff time to manage the overall award as well as to carry out specific aspects of the project.

Prepared By:

Tiffany Wise-West
Sustainability and Climate
Action Manager
Submitted By:

Laura Schmidt
Assistant City Manager
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. RESOLUTION.DOCX

16.2 RESOLUTION NO. NS-30,

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

AUTHORIZING THE CITY MANAGER TO APPLY FOR, ACCEPT, AND APPROPRIATE

FUNDS FROM THE CALIFORNIA STATE PARKS DEPARTMENT, DIVISION OF

BOATING AND WATERWAYS SHORELINE EROSION CONTROL GRANT PROGRAM

FOR THE CONSTRUCTION OF THE WEST CLIFF DRIVE REVETMENT

STABILIZATION PROJECT
WHEREAS, the California Budget Act of 2022 provides funding to support the Division of Boating and Waterways Shoreline Erosion Control & Public Beach Restoration Program which awards grants to local governments to protect public safety along the California shoreline and reduce the public costs of shoreline erosion; and
WHEREAS the Department of Boating and Waterways, under the authority of the Harbors and Navigation Code 65-67.4, may provide financial assistance to support the planning and construction of all types of beach erosion control and shoreline stabilization measures; and WHEREAS, the goal of the grant program is to provide local assistance grants to government agencies that plan and construct cost-effective coastal erosion solutions.; and WHEREAS, grant proposals submitted under this grant program must complete Local Coastal Program planning work with special emphasis on coastal resiliency and addressing the effects of climate change and sea-level rise; and
WHEREAS, the City of Santa Cruz desires to construct revetment repairs at two locations between Woodrow and Columbia Avenue as identified through the West Cliff Drive Adaptation and Management Public Works Plan process.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Santa Cruz hereby:

1. Directs the City of Santa Cruz staff to submit the grant application package to the Division of Boating and Waterways to provide financial and planning assistance, under authority of the Harbors and Navigation Code, in the amount of $500,000 to fund the project more specifically described in the agenda report.

2. Authorizes the City Manager of the City of Santa Cruz to apply for, accept, and execute in the name of the City of Santa Cruz, all necessary applications, contracts and agreements and amendments thereto and appropriate funds implement any project approved through approval of the grant application.

16.3 PASSED AND ADOPTED this 13th day of December, 2022 by the following vote, to wit:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

APPROVED: _________________________
Sonja Brunner, Mayor
ATTEST: _______________________________
Bonnie Bush, City Clerk Administrator

16.4 City Council

AGENDA REPORT
DATE: 11/30/2022
AGENDA OF: 12/13/2022
DEPARTMENT: Economic Development
SUBJECT: Santa Cruz Hostel Society and State Coastal Conservancy Agreement (ED) RECOMMENDATION: Motion authorizing the City Manager to execute an agreement with the Santa Cruz Hostel Society and the State Coastal Conservancy, in a form approved by the City Attorney, to protect the public interest in certain improvements and development funded by the Conservancy and authorizing the City Manager to amend the lease with Santa Cruz Hostel Society to run concurrent with the new agreement.

BACKGROUND: When she passed away in 1955, Lottie Sly bequeathed the property at 321 Main Street, now known as Carmelita Cottages-Lottie Sly Park, to the City with the covenant that it be used as a park or else ownership was to be conveyed to Stanford University. At that time, there were lifetime tenants of the cottages on the property. During their tenancy, the City designated the park area for public use. In 1985, after the passing of the lifetime tenants of the cottages, the City leased the property to the Santa Cruz Hostel Society (SCHS), a non-profit 501(c)3 organization. The lease required that SCHS restore the six historic cottages on the property, designate and use them as a hostel, and take responsibility for the maintenance, and operation of the park and the cottages. In 1986 the SCHS obtained grant funding from the State Coastal Conservancy (the Conservancy), in the amount of $75,000, to help rehabilitate the six historic cottages. As a requirement of the grant, the City, SCHS, and the Conservancy entered into a tripartite agreement to ensure that the improvements funded by the Conservancy would be accessible to the public. In 1991 the City entered into a new lease with SCHS and the tripartite agreement was amended to extend for a 30-year term to run concurrent with the new lease.

Over the years, SCHS has continually improved the park and hostel facilities to provide pleasant, clean, and low-cost lodging for visitors to the City in the residential Beach Hill neighborhood.

As a non-profit organization, all rental income is used to cover operating costs and to fund ongoing maintenance and improvements. Other than transient occupancy taxes paid by hostel guests, which is remitted to the City General Fund, the City does not generate revenue from the hostels.

On June 5, 2021, the lease and the tripartite agreement expired, and the City executed a new lease with SCHS for the continued management and operation of the Lottie Sly Park and the Hostel for a 20-year term, with a provision for one five-year extension.

DISCUSSION: As a result of the COVID pandemic, SCHS developed property designs to increase privacy and the ability to operate “pods” for social distancing by visiting groups. The

17.1 plans include remodeling restrooms to improve privacy and conversion of a storage cottage into a sleeping room and bath. Additionally, the plans included renovations to the communal kitchen, re-roofing of five cottages, and ongoing landscape improvements.

In 2022, SCHS applied for an additional grant from the Conservancy to fund the plans above.

The application included letters of support from the Departments of Economic Development and Parks & Recreation. The Conservancy Board voted to award an Explore the Coast Overnight Grant for approximately $508,000 to fund some of the improvements. Before the grant award is executed, the following conditions must be met:

1. City approval for renovation permits.

2. A new tripartite agreement between the City, SCHS, and the Conservancy to ensure long term public access to improvements. The agreement must extend 20 years after completion of the construction of improvements. The attached agreement, under review by the City Attorney, was prepared by the Conservancy and submitted by SCHS.

3. Extension of the current lease with SCHS to run concurrent with the term of the agreement.

The extension of the agreement will be executed after the completion of the improvements.

FISCAL IMPACT: This action results in no fiscal impact except for staff time to review permits and finalize and execute the agreement and lease amendment.

Prepared By:

Kathryn Mintz
Development Manager
Submitted By:

Bonnie Lipscomb
Director of Economic
Development
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. PUBLIC INTEREST AGREEMENT.DOCX

17.2 1

RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:

State Coastal Conservancy
1515 Clay Street, 10th Floor
Oakland, CA 94612
Attn: Legal Counsel: EK
SPACE ABOVE THIS LINE FOR RECORDER’S USE
EXEMPT FROM RECORDING FEES -- GOVERNMENT CODE SECTIONS 6103, 27383 APN: 007-131-05

AGREEMENT PROTECTING THE PUBLIC INTEREST

IN CERTAIN IMPROVEMENTS AND DEVELOPMENT
(Public Resources Code Section 31116(d))
This agreement is entered into by the State Coastal Conservancy (“the Conservancy”), an entity of the State of California, the Santa Cruz Hostel Society, a California nonprofit organization (“Nonprofit Organization”), and the City of Santa Cruz, a City in the County of Santa Cruz, California (“Landowner”).

PERTINENT FACTS
A. The Conservancy was established pursuant to Division 21 of the Public Resources Code as a public entity within the California Natural Resources Agency. Public Resources Code Section 31116(d) authorizes the Conservancy to award grants to nonprofit organizations for the purposes of Division 21 of the Public Resources Code.

B. The Nonprofit Organization is a California nonprofit organization exempt from taxation under Section 501(c)(3) of the United States Internal Revenue Code.

C. The Landowner owns real property (“the Property”) located in Santa Cruz County, California, known as Carmelita-Cottages-Lottie Sly Park, at 321 Main Street, Santa Cruz, CA 95060 located in the coastal zone in Santa Cruz County, California and described in Exhibit A.

D. The Landowner and Nonprofit Organization executed a long term lease agreement effective June 6, 2021 for Nonprofit Organization to operate the Property as the Santa Cruz Hostel.

17.3 PUBLIC INTEREST AGREEMENT (Pub. Res. Code § 31116(d)) Santa Cruz Hostel Project, Santa Cruz County
2 E. On September 22, 2022, for purposes of providing additional lower-cost coastal accommodations and improvements to existing hostel facilities, the Conservancy authorized a grant to the Nonprofit Organization, subsequently awarded under Grant Agreement No. 22- 079 to renovate facilities of the Santa Cruz Hostel and conduct a program of outreach to prospective central California visitors to the California coast in Santa Cruz (the “Project”) on the Property.

F. Landowner recognizes the benefits of the Project to the Property and desires to allow the Nonprofit Organization to undertake the Project on the Property.

G. Public Resources Code Section 31116(d) requires that the Conservancy execute an agreement sufficient to protect the public interest in any improvements or development constructed under a grant to a nonprofit organization; such agreement must be recorded in the county in which the real property is located.

H. As required by Public Resources Code Section 31116(d), Grant Agreement No. 22-079 was conditioned on the Nonprofit Organization, Landowner and the Conservancy executing and recording an agreement to protect the public interest in all improvements or developments constructed under the grant.

THE NONPROFIT ORGANIZATION, THE LANDOWNER AND THE
CONSERVANCY AGREE AS FOLLOWS:

1. DURATION. This agreement is effective on the date last signed by a party below. This agreement expires on, and will have no further effect after, the date that is twenty years from the date last signed by a party below.

2. CONSTRUCTION. Landowner hereby authorizes Nonprofit Organization to construct the Project on the Property in accordance with Grant Agreement No. 22-079 for purposes of providing additional lower-cost coastal accommodations and improvements to existing hostel facilities.

3. MAINTENANCE AND OPERATION. The Landowner shall allow Nonprofit Organization to operate, maintain and manage the Project in a manner consistent with the purposes of the Conservancy’s grant to Nonprofit Organization.

4. MITIGATION. Landowner shall not use, or allow others to use, the Project or the portion of the Property underlying the Project, for mitigation unless Landowner has obtained written authorization from Nonprofit Organization and Conservancy, which authorization may be conditioned upon Landowner’s agreement to forward to Conservancy any proposed compensation for the mitigation. The term “mitigation” means to compensate for adverse

17.4 PUBLIC INTEREST AGREEMENT (Pub. Res. Code § 31116(d)) Santa Cruz Hostel Project, Santa Cruz County
3 environmental effects and includes use in connection with the sale, trade, transfer or other transaction involving carbon sequestration credit or carbon mitigation.

5. SIGNS. Landowner shall maintain, or allow Nonprofit Organization to maintain, the signs acknowledging Conservancy funding that were installed pursuant to Grant Agreement No. 22-079. Modification of the wording, location, or configuration of the signs requires Conservancy approval.

6. INSPECTION. The Landowner hereby authorizes Nonprofit Organization, Conservancy, their officials, employees, contractors, and agents, to enter the property at reasonable times to determine compliance with this agreement and Conservancy Grant Agreement No. 22-079.

7. REMEDY FOR BREACH. Landowner acknowledges that the Project provides important lower-cost coastal accommodations that is specific to the Project site and not replaceable in other locations, and therefore, if Landowner fails to satisfy its obligations under Paragraph 3 of this agreement, the harm to Nonprofit Organization and Conservancy will not be adequately relieved by money damages alone. Landowner agrees that upon any breach, or threatened breach, of its obligations under Paragraph 3, Nonprofit Organization and Conservancy may seek equitable remedies from a court, including an injunction ordering Landowner to comply with its obligations. This paragraph is not intended to affect Landowner's rights to remedies in the event of a breach of this agreement by Nonprofit Organization or Conservancy.

8. FORCE MAJEURE. A Force Majeure Event is an event that is beyond Landowner’s reasonable control that materially and adversely affects Landowner’s ability to perform its obligations under this agreement such as wildfire, flood, earthquake, explosion, war, civil unrest, or other similar forces. Landowner will not be responsible for a failure to perform its obligations under this agreement if such failure to perform is caused by a Force Majeure Event. Landowner shall resume performance under this agreement as soon as practicable under the circumstances when the Force Majeure Event has abated. If a Force Majeure Event occurs, Landowner shall notify Nonprofit Organization as soon as practicable of the date and details of such event.

9. SUCCESSORS TO THE NONPROFIT ORGANIZATION. If, for any reason, including, the dissolution of the Nonprofit Organization, the Nonprofit Organization is unwilling or unable to meet its obligations under the grant agreement, the Conservancy may assume, or designate a public entity or nonprofit corporation to assume, the responsibilities of the Nonprofit Organization under this agreement, provided that any assumption or a public entity or nonprofit corporation designee is subject to the approval of Landowner.

10. SUCCESSORS IN INTEREST. This agreement runs with and burdens the property for the benefit of the State of California. For the duration of this agreement, the obligations, terms, conditions, and restrictions imposed by this agreement are: a) covenants and restrictions

17.5 PUBLIC INTEREST AGREEMENT (Pub. Res. Code § 31116(d)) Santa Cruz Hostel Project, Santa Cruz County
4 running with the land, b) effective limitations on the use of the property, and c) binding on the Landowner and all its heirs, successors, and assigns.

11. FORBEARANCE NOT A WAIVER. Any forbearance on the part of the Conservancy to enforce the terms and provisions of this agreement in the event of a breach shall not be deemed a waiver of the Conservancy’s right regarding any subsequent violation or breach.

12. SEVERABILITY. If any of the provisions of this agreement are found by a court of law to be of no force or effect, all other provisions will remain valid.

13. NOTICES.

Notices provided pursuant to this agreement shall be in writing and either: a) personally delivered, b) sent by first-class mail, postage prepaid and return receipt requested, or c) sent by overnight courier service, addressed to the following addresses (or to a subsequent address of which notice has been provided in writing):

State Coastal Conservancy
1515 Clay Street, 10th floor
Oakland, CA 94612
Santa Cruz Hostel Society
321 Main Street
Long Beach, CA 90802
City of Santa Cruz
809 Center Street
Santa Cruz, CA 95060
A notice provided pursuant to this agreement shall be deemed to have been given on: a) the date of delivery if by provided by personal delivery, b) 48 hours after deposit with the US mail, or c) one business day after the date of deposit with an overnight courier service.

14. RECORDATION. This agreement will be recorded in the official records of the County of Santa Cruz, CA.
[Signatures on following page]

17.6 PUBLIC INTEREST AGREEMENT (Pub. Res. Code § 31116(d)) Santa Cruz Hostel Project, Santa Cruz County
5 STATE COASTAL CONSERVANCY
______________________________ ______________________
Amy Hutzel Date
Executive Officer

SANTA CRUZ HOSTEL SOCIETY
______________________________ ______________________
[Authorized signature] Date
______________________________
[Print or type name]
______________________________
[Title]

CITY OF SANTA CRUZ
______________________________ ______________________
[Authorized signature] Date
______________________________
[Print or type name]
______________________________
[Title]
Approved as to Form:
________________________
Office of the City Attorney

17.7 PUBLIC INTEREST AGREEMENT (Pub. Res. Code § 31116(d)) Santa Cruz Hostel Project, Santa Cruz County
6 CERTIFICATE OF ACKNOWLEDGMENT OF NOTARY PUBLIC
State of California )
County of )
On ______________________ before me, _____,
[Insert Name and Title of Officer]
personally appeared ____________________________________________ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature ______________________________ (Seal)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

17.8 PUBLIC INTEREST AGREEMENT (Pub. Res. Code § 31116(d)) Santa Cruz Hostel Project, Santa Cruz County
7 CERTIFICATE OF ACKNOWLEDGMENT OF NOTARY PUBLIC
State of California )
County of )
On ______________________ before me, _____,
[Insert Name and Title of Officer]
personally appeared ____________________________________________ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

17.9 PUBLIC INTEREST AGREEMENT (Pub. Res. Code § 31116(d)) Santa Cruz Hostel Project, Santa Cruz County
8 CERTIFICATE OF ACKNOWLEDGMENT OF NOTARY PUBLIC
State of California )
County of )
On ______________________ before me, _____,
[Insert Name and Title of Officer]
personally appeared ____________________________________________ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

17.10 PUBLIC INTEREST AGREEMENT (Pub. Res. Code § 31116(d)) Santa Cruz Hostel Project, Santa Cruz County
9 EXHIBIT A
The Property
321 Main Street (APN: 007-131-05)

17.11 PUBLIC INTEREST AGREEMENT (Pub. Res. Code § 31116(d)) Santa Cruz Hostel Project, Santa Cruz County
10 17.12
PUBLIC INTEREST AGREEMENT (Pub. Res. Code § 31116(d))
Santa Cruz Hostel Project, Santa Cruz County
11 17.13
City Council

AGENDA REPORT
DATE: 11/22/2022
AGENDA OF: 12/13/2022
DEPARTMENT: Finance
SUBJECT: Liability Claims Filed Against the City of Santa Cruz (FN) RECOMMENDATION: Motion to reject the liability claims of a) Sean O. Barrow, b) John Henry McGuire, c) Todd Pinsky, d) Anthony Pacheco Lopez, e) Sandra Loskutoff, and f) Michael T-Alexander, based on staff recommendation.

BACKGROUND: N/A.

DISCUSSION: a. Claimant: Sean O. Barrow
Date of occurrence: 10/8/2022
Date of claim: 10/14/2022
Amount of claim: $572.00
Claimant seeks reimbursement for towing fees when vehicle was towed allegedly without sufficient notice.

Self-Represented
b. Claimant: John Henry McGuire
Date of occurrence: 9/17/2022
Date of claim: 10/15/2022
Amount of claim: $ 989.00
Claimant is seeking reimbursement for plumbing repairs allegedly caused by an improperly installed water meter.

Self-Represented
c. Claimant: Todd Pinsky
Date of occurrence: 10/7/2022
Date of claim: 11/2/2022
Amount of claim: $3,000.00
Claimant seeks reimbursement for plumbing repairs allegedly caused by crosswalk construction over the Claimant’s sewer line.

18.1 Self-Represented
d. Claimant: Anthony Pacheco Lopez
Date of occurrence: 10/22/2022
Date of claim: 11/7/2022
Amount of claim: $ 1793.25
Claimant seeks compensation for damages to vehicle allegedly caused during Police action.

Self-Represented
e. Claimant: Sandra Loskutoff
Date of occurrence: 9/6/2022
Date of claim: 11/7/2022
Amount of claim: $1248.00
Claimant is seeking reimbursement for plumbing repairs allegedly caused by an improperly installed water meter.

Self-Represented
f. Claimant: Michael T-Alexander
Date of occurrence: 5/10/2022
Date of claim: 11/9/2022
Amount of claim: Unspecified
Claimant seeks damages resulting from an alleged violation of civil rights related to Police action.

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.

18.2 City Council

AGENDA REPORT
DATE: 12/01/2022
AGENDA OF: 12/13/2022
DEPARTMENT: Finance
SUBJECT: FY 2022 Traffic Impact Fee Annual Report (FN/PW) RECOMMENDATION: Motion to accept and approve the attached FY 2022 Traffic Impact Fee Annual Report.

BACKGROUND: In April 2004, the City Council adopted the Beach /South of Laurel Traffic Impact Fee Ordinance and in June 2005, the City Council adopted the Citywide Traffic Impact Fee Ordinance. In November 2012, the City Council amended the Traffic Impact Fee Ordinances to combine the Beach/South of Laurel and Citywide areas resulting in a single Traffic Impact Fee as of FY2013 and basing it on PM peak hour trips rather than daily trips. In August 2021, the City Council amended the fee to address the cost of construction increases that occurred since the last revision. This fee complies with California Government Code Section 66006.

Section 66006 provides the annual reporting requirements for development impact fees. It requires that within 180 days after the close of the fiscal year the City shall produce a report on the developer impact fees and make it public at least 15 days prior to the regularly scheduled City Council meeting. In addition, for anyone who provided a written request to be notified, the City shall mail them notice of the time and place of the meeting at least 15 days prior to the meeting. Staff has compiled and made available at the Public Works Counter 15 days prior to the meeting the FY 2022 Traffic Impact Fee Annual Report, which is attached. Staff recommends acceptance and approval of the report.

DISCUSSION: The City began collecting Traffic Impact fees in FY 2006. The amount collected in FY 2022 is $35,441 and is detailed in the attached report.

In December 2021, Council gave direction during the approval of the FY 2021 Traffic Impact Fees Annual report for staff to provide an FYI on how fees are developed and determine whether a transit impact fee can be developed. A nexus study would need to be performed by Metro to determine transit impacts attributable by the development. The study would also need to include rational for proportional impacts by the development. Should Metro pursue this, City and other local agency staff would work with Metro to complete their nexus study and fee development process. Currently, staff is working with Metro to create an objective standard for new multifamily residential projects to provide transit passes as a Transportation Demand Management (TDM) strategy. This new objective standard is part of the City’s Climate Action Plan and relates to new state legislation (AB 2097) that limits the local agency to require parking

19.1 in projects located within one half mile of a high-quality transit stop for projects with 20 or more units.

FISCAL IMPACT: None.

Prepared By:

Nicholas Gong
Accountant II
Submitted By:

Elizabeth Cabell
Finance Director
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. 2022 TRAFFIC IMPACT FEE ANNUAL REPORT - DEVELOPMENT IMPACT FEES.PDF

19.2 1
December 13, 2022
City of Santa Cruz
2022 Traffic Impact Fee Annual Report
Development Impact Fees
For Fiscal Year Ending June 30, 2022
Government Code Sec. 66006(a) requires local agencies to produce an annual report, within 180 days of the fiscal year end. The annual report must be made available to the public and be presented to the public agency (City Council) at least fifteen days after it is made available to the public.

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

1. Description of fee

2. Amount of fee

3. Beginning and ending fund balances

4. Amount of fees collected and interest earned

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

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

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

8. The amount of refunds paid

9. Description of each interfund transfer or loan made from the fund, if any The following fee programs are included in this report:

Section A – Citywide Traffic Impact Fee

19.3 2
Section A – Citywide Traffic Impact Fee
For Fiscal Year Ending June 30, 2022
Description: A Traffic Impact Fee is assessed in connection with the issuance of any development permit for development in areas of the City designated by City Council Resolution NS-26,943 on June 28, 2005. In accordance with the General Plan, the Fee shall be used to pay costs associated with the mitigation of traffic impacts attributable to the development that is the subject of the permit. On November 27, 2012 City Council adopted Resolution NS-28,574 rescinding Resolution NS-26,943, combining the Beach/South of Laurel and Citywide areas and revising the Traffic Impact Fee Estimate Form to include new uses and PM peak hour rates. On August 24, 2021 City Council adopted resolution NS-29,865 revising the Traffic Impact Fee per trip rate.

Amount of Fee: The Traffic Impact Fee in FY 2022 was defined to be 4,570 per peak hour trip as determined on the Traffic Impact Fee Estimate Form.

Refund: The refund amount in FY 2022 was $0.

Beginning Balance, July 1, 2021 1,943,8051
Receipts
Fees Collected 29,876
Interest Earned 5,550
Transfer-in 0
Total 35,426
Disbursements
% of Cost
Funded
C400805 – State Route 1/9 Intersection Improv.

(760,911) 13%
Admin Expenses

(115,710) 100%
Total Disbursements (876,621)
Ending Balance, June 30, 2022 1,102,6102*
1 Beginning fund balance does not include allowance for FV of invest w/City-cur unrstr 2 Ending fund balance does not include allowance for FV of invest w/City-cur unrstr * Ending Available Fund Balance is unaudited and is before consideration of remaining interest accrual

19.4 3

19.5 City Council

AGENDA REPORT
DATE: 12/02/2022
AGENDA OF: 12/13/2022
DEPARTMENT: Human Resources
SUBJECT: Resolution Amending the City of Santa Cruz Personnel Complement and Classification and Compensation Plans and the FY 2023 Budget:

Implementation of California State Minimum Wage Law for 2023 – All Departments (HR)
RECOMMENDATION: Resolution amending the City of Santa Cruz Personnel Complement and Classification and Compensation Plans and the FY 2023 budget by implementing the California State Minimum Wage Law for 2023, including adjusting the salary ranges of affected temporary unclassified positions and other salary adjustments to maintain internal pay parity.

BACKGROUND: Effective January 1, 2017 the state of California enacted legislation raising the minimum wage for all industries annually through year 2022 at $15 per hour. Effective January 1, 2023 the California minimum wage will increase from $15 per hour to $15.50 per hour. There are eight job classifications in the City of Santa Cruz which have a bottom pay step under the new minimum wage of $15.50 per hour. All classifications are in the Temporary Service Employees Union which include the following: Recreation I, Professional and Technical Assistant, Maintenance Worker Aide I, Recreation Area Aide, Office Assistant, Pool Lifeguard and Aquatic Instructor/Coach, and Library Aide.

The Maintenance Worker Aide I and Recreation I classifications are primarily utilized in the Parks and Recreation Department, the Recreation Area Aide classification is utilized in the Water Department, the Office Assistant and Professional and Technical Assistant classifications may be utilized in any City Department and the Library Aide is used in the Library. The Aquatics Instructor/Coach and Pool Lifeguard classification are used in the Parks and Recreation Department although have not been active in several years.

DISCUSSION: There are eight temporary classification which will be below the new minimum wage of $15.50 per hour on January 1, 2023. Therefore, these classifications will be brought up to the new minimum wage requirement and the subsequent pay ranges will be adjusted. The Maintenance Worker Aide I and Recreation I classifications are in a classification series, therefore the Human Resources Department recommends that the classifications within those series also be adjusted to maintain the existing pay structure and separation. Those additional classifications include Maintenance Worker Aide II, Recreation II, Recreation III, Recreation IV, and Recreation V.

20.1 Due to the automatic State minimum wage increases since 2017, the Beach Lifeguard I and II classification series, Beach Lieutenant, and Beach Captain classifications fell behind the Recreation I through V classifications with whom they were previously at equity at the third step in the salary range.

The Beach Lifeguard classifications fell behind the Recreation classifications because at the time, they were at the same pay at the third step, but because the first step of the Recreation series was below minimum wage, the Recreation series kept increasing while the Beach Lifeguards, Beach Lieutenant and Beach Captain pay did not. During the 2021 Temporary Service Negotiations, the Recreation Series and Beach Lifeguard I and II series, Beach Lieutenant, and Beach Captain classifications were brought back in parity with the Recreation classifications. Therefore, when State minimum wage increases affect the Recreation classifications, the Lifeguard series, Beach Lieutenant, and Beach Captain pay series are increased the same amount to keep parity.

The amount of increase to all classification adjustments is 3.33%.

The existing and new pay range changes for all affected classifications are outlined in the attached resolution.

FISCAL IMPACT: For current FY 2023, Department use of these classifications fluctuates due to the temporary nature of the classifications. Cost increases will be absorbed into Department budgets.

Prepared By:

Cathy Bonino
Principal HR Analyst
Submitted By:

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

Matt Huffaker
City Manager
ATTACHMENTS:

1. RESOLUTION.DOCX

20.2 RESOLUTION NO.

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

THE PERSONNEL COMPLEMENT AND CLASSIFICATION AND COMPENSATION PLANS AND THE FY2023 BUDGET; IMPLEMENTATION OF THE CA STATE MINIMUM WAGE LAW FOR 2023 – ALL DEPARTMENTS
WHEREAS, staff has recommended certain modifications to the Classification and Compensation Plans.

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

That, effective December 24, 2022 the City of Santa Cruz Classification and Compensation Plans be modified to:

Activity Classification Title Salary (New Classifications) Change From Various 920 Recreation I $15.00/hr. - $17.3644/hr.

Change To $15.50/hr. - $17.9432/hr.

Change From Various 921 Recreation II $16.50/hr. - $20.0559/hr.

Change To $17.05/hr. - $20.7244/hr.

Change From Various 922 Recreation III $18.15/hr. - $22.0614/hr.

Change To $18.7550/hr. - $22.7968/hr.

Change From Various 923 Recreation IV $19.9650/hr. - $24.2676/hr.

Change To $20.6305/hr. - $25.0765/hr.

Change From Various 924 Recreation IV $19.9650/hr. - $24.2676/hr.

Change To $22.6935/hr. - $27.5841/hr.

Change From Various 917 Professional and
Technical Assistant
$15.00/hr. - $40.3845/hr.

Change To $15.50/hr. - $41.7306/hr.

Change From Various 911 Maintenance
Worker Aide I
$15.00/hr. - $18.2326/hr.

Change To $15.50/hr. - $18.8403/hr.

Change From Various 913 Maintenance
Worker Aide II
$17.25/hr. - $20.9675/hr.

Change To $17.8250/hr. - $21.6664/hr.

20.3 RESOLUTION NO.
2 Activity Classification Title Salary (New Classifications) Change From Various 919 Recreation Area
Aide
$15.00/hr. - $18.2326/hr.

Change To $15.50/hr. - $18.8403/hr.

Change From Various 914 Office Assistant $15.00/hr. - $18.2326/hr.

Change To $15.50/hr. - $18.8403/hr.

Change From Various 915 Pool Lifeguard $15.00/hr. - $18.2326/hr.

Change To $15.50/hr. - $18.8403/hr.

Change From 901 Aquatic
Instructor/Coach
$15.000/hr.- $18.2326/hr.

Change To $15.50/hr.- $18.8403/hr.

Change From 925 Library Aide $14.498/hr.- $17.6149/hr.

Change To $15.50/hr.- $18.8403/hr.

Change From 904 Beach Lifeguard I $19.0516/hr.- $23.1573/hr.

Change To $19.6860/hr.- $23.9285/hr.

Change From 905 Beach Lifeguard
II
$20.9628/hr.- $25.4804/hr.

Change To $21.6610/hr.- $26.3291/hr.

Change From 903 Beach Lieutenant $22.9336/hr.- $27.8759/hr.

Change To $23.6973/hr.- $28.8042/hr.

Change From 902 Beach Captain $23.31/hr.- $28.3335/hr.

Change To $24.0862/hr.- $29.2769/hr.

20.4 RESOLUTION NO.
3 PASSED AND ADOPTED this 13th day of December, 2022, by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

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

20.5 City Council

AGENDA REPORT
DATE: 11/30/2022
AGENDA OF: 12/13/2022
DEPARTMENT: Planning & Community Development
SUBJECT: FY 2022 Development Impact Fee Annual Report for Childcare and Public Safety Impact (Police and Fire) Fees (PL)
RECOMMENDATION: Motion to accept and approve the attached FY 2022 Impact Fee Report for the Childcare and Public Safety Impact Fees and to direct staff to use the Childcare Impact Fee revenues to help fund the pre-development and development costs associated with the childcare facility in the Library and Affordable Housing Project being contemplated for Lot 4 at the northeast corner of Cedar and Cathcart Streets, should that project ultimately be approved.

BACKGROUND: In April 2021, the City Council adopted the Childcare and Public Safety Impact fees. The fees were effective as of June 26, 2021. California Government Code Section 66006 requires annual reporting requirements for development impact fees to occur within 180 days after the close of the fiscal year and includes specific reporting requirements as more fully described in the attachment. The statute requires that the City produce a report on the developer impact fees and make it available to the public at least 15 days prior to the regularly scheduled City Council meeting. In addition, for anyone who provided a written request to be notified, the City Council shall mail them notice of the time and place of the meeting at least 15 days prior to the meeting. Staff has made available the report at the Planning and Community Development Department public counter as of November 28, 2022. The report will remain at the public counter throughout the end of January 2022 for members of the public to view.

DISCUSSION: From July 1, 2021 to June 30, 2022, the Impact Fees collected were:
 Public Safety Impact Fee – Police Fund (Fund 215): $16,138.08  Public Safety Impact Fee – Fire Fund (Fund 217): $16,676.76  Childcare Impact Fee (Fund 218): $19,913.11
Childcare Impact Fee Funds Reallocation
Staff received previous City Council direction to utilize the funds collected from the Childcare Impact Fee towards funding a childcare facility assessment. This study would evaluate the childcare needs throughout the City and inform where future Childcare Impact Fee revenues could be prioritized. However, with the City sponsoring the Library Affordable Housing Project, staff is recommending that the funds be allocated to the childcare facility that is planned within that project.

As noted above, the Childcare Impact Fee funds collected for Fiscal Year 2022 totaled $19,913.11. While this report focuses on Fiscal Year 2022, the Childcare Impact Fee balance

21.1 also includes revenues from Fiscal Year 2021 and 2023. As of November 30, 2022, the total Childcare Impact Fee balance is approximately $31,052.

The pre-development and development costs associated with the childcare facility in Library Affordable Housing Project will far exceed the revenue collected through the course of the project’s construction. While funding a facilities study would still be a recommended course of action to help direct future revenue allocations, the City’s childcare facility offers an opportunity to contribute funding towards a City-sponsored childcare facility that is designed for that specific use and that can offer childcare services in perpetuity. Direction to allocate funding to the childcare portion of the Library Affordable Housing Project would in no way pre-determine the City Council’s vote on said project, and the funds would be re-purposed for the previously anticipated facilities study if the project were to be denied. As this report occurs on an annual basis, staff will report back to Council as to the disbursements of the Childcare Impact Fee towards the childcare facility within the Library Affordable Housing Project on at least an annual basis, and Council could direct staff to re-purpose any unencumbered funds as part of those annual reports. Staff would recommend that, after the total amount of fund disbursement to the childcare component of the Library Affordable Housing Project is specified through a future report to and action by the Council, that funding then go towards the previously-identified approach of preparing a childcare facility assessment.

FISCAL IMPACT: The preparation of this report has no fiscal impact. The Public Safety Impact Fees directly offset what would otherwise be general fund expenditures. The Childcare Impact Fee could reduce costs that the City would need to seek through grants or could provide matching funds towards grants that the City would seek in providing funding for the larger Library Affordable Housing Project, though funds from the Childcare Impact Fee would only go towards the childcare facility component of the project.

Prepared By:

Viviane Nguyen
Principal Management
Analyst
Submitted By:

Lee Butler
Planning & Community
Development Director
Approved By:

Matt Huffaker
City Manager
ATTACHMENT:
1) 2022 Development Impact Fee Annual Reports for Childcare Impact Fee and Citywide Public Safety Impact Fee (Police & Fire) Fund Fiscal Year Ending June 30, 2022 (Also posted on https://www.cityofsantacruz.com/government/city-departments/staff-reportsmemos in compliance with Government Code Sec. 66006(a).)

21.2 City Council Meeting – December 13, 2022 | Page 1

CITY OF SANTA CRUZ
2022 Development Impact Fee Annual Reports for
Childcare Impact Fee and Citywide Public Safety Impact Fee (Police & Fire) Fund Fiscal Year Ending June 30, 2022
Government Code Sec. 66006(a) requires local agencies to produce an annual report, within 180 days of the fiscal year end. The annual report must be made available to the public at the Planning and Community Development Department at least 15 days prior to the City Council meeting.

This report summarizes the following information for each of the development fee programs:
1 – Description of fee
2 – Amount of fee
3 – Beginning and ending fund balances
4 – Amount of fees collected and interest earned
5 – The amount of refunds paid
6 – Identification of projects on which fees were expended and the amount for each improvement that was expended
7 – The total percentage of the cost of the public improvement that was funded with fees 8 – The approximate date by which construction of the improvements will commence for any incomplete improvements for which sufficient funds to complete financing for the improvements have been collected
9 – Description of each interfund transfer or loan made from the fund, if any The following fee programs are included in this report:
 Section A – Citywide Childcare Impact Fee for Fiscal Year Ending June 30, 2022  Section B – Citywide Public Safety Impact Fee (Fire & Police) for Fiscal Year Ending June 30, 2022

21.3 City Council Meeting – December 13, 2022 | Page 2
Section A – Citywide Childcare Impact Fee for Fiscal Year Ending June 30, 2022 1 – Description: A Childcare Impact Fee is assessed in connection with the issuance of certain development permits in the City designated by City Council Resolution NS-29,812. This fee was effective on June 26, 2021. While the education of children has been acknowledged as a public responsibility, the pre-school and after-school care of children traditionally has been seen as a private issue for families, especially women, and not of public concern; however, consideration for the needs of children is a critical part of community planning and is part of an integrated system that supports human development, labor force participation, and job opportunities. The benefits of early childcare development and care in the community speak to the labor market, business recruitment, and retention; improved school readiness and success; and reduced public cost for remediation, prison, and welfare. As such, the City’s General Plan calls for accessible, high-quality childcare facilities and services and includes objectives and policies to encourage an adequate and diverse supply of childcare facilities and services citywide and includes a Childcare Impact fee on new residential and nonresidential development due to its impacts on childcare needs.
2 – Fee Amount: The Childcare Impact Fee in FY 2022 was defined as:

Childcare Impact Fee (Fund 218)
Residential Use Maximum per Dwelling Unit Cost Per Sq. Ft Single-Family $339 $0.45
Multi-Family - $0.35
Commercial Use Cost Per 1,000 Sq. Ft Cost Per Sq. Ft
Retail $1,250 $1.25
Office $1,450 $1.45
Industrial $570 $0.57
Hotel $440 $0.44
3 & 4 – Fund Balances, Fees Collected, & Interest Earned:

The total funds collected in FY 2022 for Child Impact Fee was $19,913.11.

Childcare Impact Fee (Fund 218) – Fund Balance
Ending balance as of 6/30/2021
Total $1,459.98
Receipts
 Fees Collected 7/1/21 to 6/30/22 $19,496.46
 2% Administrative Fee Revenue $387.58
 Interest $29.07
Total $19,913.11
Disbursements % of Cost Funded
 Administrative Expenses 0 100%
 Total Disbursements 0
Ending Balance as of 6/30/2022 $21,373.09*
*Ending Available Fund Balance is unaudited and is before consideration of remaining interest accrual.

21.4 City Council Meeting – December 13, 2022 | Page 3
5 – Refund: The refund amount in FY 2022 for Child Impact Fee was $381.13. 6 – Identification of Project on Which Fees Were Expended & Amount for Each Improvement Expended: Not applicable for FY 2022.
7 – Total Percentage of The Costs of The Public Improvement Funded with Fees: Not applicable for FY 2022.
8 – Approximate Date by Which Construction of Improvements Will Commence: Not applicable for FY 2022.
9 – Interfund Transfer or Loan Made from Fund: Not applicable for FY 2022.

21.5 City Council Meeting – December 13, 2022 | Page 4
Section B – Citywide Public Safety Impact Fee (Fire & Police) for Fiscal Year Ending June 30, 2022
1 – Description: A Public Safety Impact Fee (Fire and Police) is assessed in connection with the issuance of certain development permits in the City as designated by City Council Resolution NS29,813. The fees were effective on June 26, 2021. The City’s General Plan includes objectives and policies to ensure adequate fire and police training and resources and to maintain rapid and timely response to all emergencies and services. A developer voluntary choosing to create new development will place new, additional, and cumulatively overwhelming burdens on public safety services, a network of integrated services that serves existing and planned residential and non-residential development. New development in the City will increase the service population and therefore the need for new fire and police facilities, apparatuses, vehicles, and equipment to adequately serve new residents and employees.

In accordance with the General Plan, the fees shall be used to pay costs associated with the mitigation of fire and police impacts attributable to the development that is the subject of the permit. 2 – Fee Amount: The Public Safety Impact Fee in FY 2022 was defined as:

Public Safety Impact Fee – Police (Fund 215)
Residential Use Maximum per Dwelling Unit Cost Per Sq. Ft.

Single-Family $639 $0.40
Multi-Family $476 $0.69
Non-Residential Use Cost Per 1,000 Sq. Ft Cost Per Sq. Ft.

Retail $387 $0.387
Office $451 $0.451
Industrial $180 $0.180
Hotel $135 $0.135
Public Safety Impact Fee – Fire (Fund 217)
Residential Use Maximum per Dwelling Unit Cost Per Sq. Ft.

Single-Family $630 $0.40
Multi-Family $470 $0.68
Non-Residential Use Cost Per 1,000 Sq. Ft Cost Per Sq. Ft.

Retail $382 $0.382
Office $445 $0.445
Industrial $178 $0.178
Hotel $134 $0.134

21.6 City Council Meeting – December 13, 2022 | Page 5
3 & 4 – Fund Balances, Fees Collected, & Interest Earned:
 The total funds collected in FY 2022 for Public Safety Impact Fee – Police Fund was $16,138.08.  The total funds collected in FY 2022 for Public Safety Impact Fee – Fire Fund was $16,676.76.

Police Program Fees (Fund 215) – Fund Balance
Ending balance as of 6/30/2021
Total $2,575.88
Receipts
 Fees Collected 7/1/21 to 6/30/22 $15,772.98
 2% Administrative Fee Revenue $336.62
 Interest $28.48
Total $16,138.08
Disbursements % of Cost Funded
 Administrative Expenses 0 100%
 Total Disbursements 0
Ending Balance as of 6/30/2022 $18,713.96*
*Ending Available Fund Balance is unaudited and is before consideration of remaining interest accrual.

Fire Program Fees (Fund 217) – Fund Balance
Ending balance as of 6/30/2021
Total $2,515.96
Receipts
 Fees Collected 7/1/21 to 6/30/22 $16,313.67
 2% Administrative Fee Revenue $328.78
 Interest $34.31
Total $16,676.76
Disbursements % of Cost Funded
 Administrative Expenses 0 100%
 Total Disbursements 0
Ending Balance as of 6/30/2022 $19,192.72*
*Ending Available Fund Balance is unaudited and is before consideration of remaining interest accrual. 5 – Refunds:
 The refund amount in FY 2022 for Public Safety Impact Fee – Police Fund was $368.62.  The refund amount in FY 2022 for Public Safety Impact Fee – Fire Fund was $361.66. 6 – Identification of Project on Which Fees Were Expended & Amount for Each Improvement Expended: Not applicable for FY 2022.
7 – Total Percentage of The Costs of The Public Improvement Funded with Fees: Not applicable for FY 2022.
8 – Approximate Date by Which Construction of Improvements Will Commence: Not applicable for FY 2022.
9 – Interfund Transfer or Loan Made from Fund: Not applicable for FY 2022.

21.7 City Council

AGENDA REPORT
DATE: 11/28/2022
AGENDA OF: 12/13/2022
DEPARTMENT: Public Works
SUBJECT: Award Contract for Centrifuge Control Panel Improvement Project (m409659) (PW)
RECOMMENDATION: Motion to award a sole source contract with Separator Technology Solutions in the total amount of $364,205.61 to provide services for Centrifuge Control Panel Improvement Project. The City Manager is hereby authorized and directed to execute the contract in a form approved by the City Attorney. The Director of Public Works is authorized to execute change orders within the approved project budget.

BACKGROUND: The City of Santa Cruz Wastewater Treatment Facility (WWTF), operates three centrifuges in tandem with a polymer delivery system and a conveyor system to dewater wastewater biosolids into transport for beneficial use land application. The electrical and instrumentation systems of PLC and HMI that regulate centrifuge control, polymer dose mixing, and conveyor operation are no longer manufacturer supported, and pose a reliability issue. The cabinets, relays and logic were installed as part of the advanced primary project in 1988 and are over 30 years old.

DISCUSSION: The equipment condition assessment in Study 1 of the WWTF Infrastructure and Major Equipment Study categorized the centrifuge control panels, polymer control panel and sludge cake conveyor panel at high risk of failure. The Centrifuge Control Panel Improvement Project (m409659) will replace the control panels, all control components, and wiring associated with the dewatering centrifuges, the polymer mixing and feed system, and the sludge cake conveyor system.

The choice of a sole source procurement is to assure the new components, programs and controls will be compatible with the WWTF existing equipment, controls and programming scenarios that interface with the WWTF Supervisory Control and Data Acquisition (SCADA) system. The vendor has previously provided and programmed the polymer control system and successfully integrated that new system with existing equipment and the WWTF SCADA system. The vendor has a deep understanding of the systems in place at the WWTF and will be able to successfully integrate the replacement project while keeping the dewatering systems operational during project construction. Compatibility is the overriding consideration, and this service can be obtained from Separator Technology Solutions.

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

22.1 Purchasing Manager concurs that Separator Technology Solution is the only company able to provide service for Centrifuge System Control Panel Improvement Project.

FISCAL IMPACT: The project is funded in the Wastewater Enterprise Fund FY 2023 capital investment program (CIP) project WWTF-Equipment Replacement (m409659). The Santa Cruz County Sanitation District will pay 8/17 of this cost based on wastewater treatment facility capacity dedicated to the SCCSD. There is no impact to the General Fund.

Prepared By:

Ann Hogan
Wastewater Manager
Submitted By:

Mark R. Dettle
Director of Public Works
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. PROFESSIONAL SERVICES AGREEMENT.PDF

22.2 City of Santa Cruz Professional Services Agreement for Centrifuge Control Panel Improvement Project December 2022 (Form Rev.0921) Page 1

PROFESSIONAL SERVICES AGREEMENT FOR

CENTRIFUGE CONTROL PANEL IMPROVEMENT PROJECT
THIS AGREEMENT for professional services is made by and between the City of Santa Cruz (“City”) and Separator Technology Solutions (“Consultant”) (each is referred to individually as a “Party” and collectively, as the “Parties”) as of ____________, 20__ (the “Effective Date”).

NOW, THEREFORE, in consideration of each other’s mutual promises, the Parties hereto agree as follows:

SECTION 1: SCOPE OF WORK
Consultant will furnish services as defined and described in the Scope of Work, attached hereto as Exhibit A and incorporated herein.

SECTION 2: RESPONSIBILITIES OF CONSULTANT
All work performed by Consultant, or under Consultant’s direction, shall be rendered in accordance with the generally accepted practices, and to the standards of, Consultant's profession. Consultant represents and warrants that Consultant: (i) is fully experienced and properly qualified to perform the work and services provided for herein, (ii) has the financial capability required for the performance of the work and services, and (iii) is properly equipped and organized to perform the work and services in a competent, timely, and proper manner, in accordance with the requirements of this Agreement.

Consultant shall not undertake any work beyond the Scope of Work set forth in Exhibit A unless such additional work is approved in advance and in writing by City. The cost of such additional work shall be reimbursed to Consultant by City on the same basis as provided for in Section 4.

If, in performing the work, it is necessary to conduct field operations, security and safety of the job site will be the Consultant's responsibility excluding, the security and safety of any facility of City within the job site which is not under the Consultant's control.

Consultant shall meet with Mark Dettle, Director of the Public Works Department, hereinafter called "Director", or other designated and authorized City personnel, or third parties as necessary, on all matters connected with carrying out of Consultant’s services described in Exhibit A. Such meetings shall be held at the request of either Party. Review and City approval of completed work shall be obtained monthly, or at other intervals as may be mutually agreed upon during the course of this Agreement. Review, approval, or acceptance of Consultant’s work by City or others shall not relieve Consultant from responsibility for errors and omissions in Consultant’s work.

SECTION 3: RESPONSIBILITIES OF THE CITY
City shall make available to Consultant all necessary data and information in the City's possession and shall actively assist Consultant in obtaining such information from other agencies and individuals as needed. Consultant is entitled to reasonably rely upon the accuracy and completeness of such data and information, and Consultant shall provide City prompt written notice of any known defects in such data and information.

The Director may authorize a staff person to serve as his or her representative. The work in progress shall be reviewed at such intervals as may be mutually agreed upon between the Parties. The City will be the sole judge of acceptable work, provided that such approval will not be unreasonably withheld or delayed. If the work is not acceptable, City will inform Consultant of the changes or revisions necessary to secure approval.

22.3 City of Santa Cruz Professional Services Agreement for Centrifuge Control Panel Improvement Project December 2022 (Form Rev.0921) Page 2
SECTION 4: FEES AND PAYMENT
For services actually performed, the City will compensate Consultant at the rates set forth in the Fee Schedule detailed in Exhibit B and in accordance with the terms set forth therein. Payment for Consultant's services in carrying out the entire the Scope of Work shall be made within the budget limit, or limits shown, upon Exhibit B. Such payment shall be considered the full compensation for all personnel, materials, supplies, and equipment used by Consultant in the Scope of Work.

Consultant agrees that the payments to Consultant specified in this Section 4 will constitute full and complete compensation for all obligations assumed by Consultant under this Agreement. Where conflicts regarding compensation may occur, the provisions of this section apply.

Variations from the budget for each task which are justified by statements indicating personnel time expended and submittal of a revised budget are only allowed with prior City approval; however, in no event shall the total fee charged for the Scope of Work set forth in Exhibit A exceed the budget of $20,000 without advance written City authorization in the form of an amendment or change order.

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

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

SECTION 7: TIME OF BEGINNING AND SCHEDULE FOR COMPLETION The term of this Agreement shall be on the effective date of this Agreement and terminating on December 13th 2024.

Consultant shall begin work as specified in a written authorization (e.g. Notice to Proceed) to perform services. The written authorization to perform work shall not be issued until after this Agreement has been approved and authorized by the City.

22.4 City of Santa Cruz Professional Services Agreement for Centrifuge Control Panel Improvement Project December 2022 (Form Rev.0921) Page 3
reasonable period of time within which to complete any additional work which may be required as a result of the ordered changes.

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

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

Consultant acknowledges that it is necessary for Consultant to complete its work on or before the completion date set forth in Exhibit C in order to allow the City to achieve its objectives for entering into this Agreement. The Parties therefore agree that time is of the essence in the performance of this Agreement.

SECTION 8: TERMINATION
The City may terminate the Agreement for convenience by providing written notice to Consultant not less than 10 calendar days prior to an effective termination date.

The City or Consultant may terminate the Agreement for cause by providing written notice to the other party not less than 30 calendar days prior to an effective termination date.

The City may, at its option, allow Consultant to cure its failure to perform within 15 business days (or longer period authorized in writing by the City) from the date of the City’s termination notice. The termination shall be become effective if Consultant has not cured within such time period to the City’s satisfaction.

Consultant may terminate this Agreement for cause if the City fails to cure a material default in performance within a period of 30 calendar days (or such longer period agreed to by the Consultant), from date of the Consultant’s written termination notice specifying the default in performance.

Upon notice of termination by either the City or Consultant, the Consultant will immediately act to not incur any additional obligations, costs or expenses, except as may be reasonably necessary to terminate its activities. The City’s only obligation to the Consultant will be just and equitable payment for services authorized by, and received to the satisfaction of, the City up to and including the effective date of termination less any amounts withheld. All finished or unfinished work or documents procured or produced under the Agreement will become property of the City upon the termination date. In the event of Consultant’s failure to perform pursuant to the Agreement, the City reserves the right to obtain services elsewhere and Consultant will be liable for the difference between the prices set forth in the terminated Agreement and the actual cost to the City. Termination of the Agreement pursuant to this paragraph shall not relieve the Consultant of any liability to City for additional costs, expenses, or damages sustained by City due to failure of the Consultant to perform pursuant to the Agreement. City may withhold any payments to Consultant for the purpose of set-off until such time as the exact amount of damages due City from Consultant is determined. After the effective date of termination, Consultant will have no further claims against the City under the Agreement. No other compensation will be payable for anticipated profit on unperformed services.

22.5 City of Santa Cruz Professional Services Agreement for Centrifuge Control Panel Improvement Project December 2022 (Form Rev.0921) Page 4
injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder. The insurance coverages required shall not in any way limit the liability of the Consultant.

SECTION 10: INDEMNIFICATION
Consultant agrees, to the fullest extent permitted by law, to indemnify, defend, and hold harmless the City, its officials, officers, employees, agents, and volunteers (collectively, “Indemnitees”) from and against any and all liability, claim, action, loss, injury, damage, judgment, or expense, including attorneys’ fees and costs (“Losses”) caused by or resulting from the negligence, recklessness, or willful misconduct of Consultant, Consultant’s officers, employees, agents, or subcontractors in any way related to this Agreement. Consultant’s duty to indemnify and hold harmless Indemnitees shall not apply to the extent such Losses are caused by the sole or active negligence or willful misconduct of Indemnitees, as determined by an adjudicatory body or court of competent jurisdiction. The obligation to defend shall arise regardless of any claim or assertion that Indemnitees caused or contributed to the Losses.

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

SECTION 11: EQUAL EMPLOYMENT OPPORTUNITY/NON-DISCRIMINATION POLICIES City’s policies promote a working environment free from abusive conduct, discrimination, harassment, and retaliation; and require equal opportunity in employment for all regardless of race, religious creed (including religious dress and grooming practices), color, national origin (including language use restrictions), ancestry, religion, disability (mental and physical), medical condition, sex, gender (including gender identity and gender expression), physical characteristics, marital status, age, sexual orientation, genetic information (including family health history and genetic test results), organizational affiliation, and military or veteran status, or any other consideration made unlawful by local, State or Federal law. City requires Consultant to comply with all applicable Federal and State and local equal employment opportunity laws and regulations, and Consultant is responsible for ensuring that effective policies and procedures concerning the prevention of abusive conduct, discrimination, harassment, and retaliation exist in Consultant’s business organization. The City’s current Equal Employment Opportunity and Non-Discrimination policies to which this Section applies may be viewed at http://www.codepublishing.com/CA/SantaCruz/?SantaCruz09/SantaCruz0983.html and http://www.cityofsantacruz.com/home/showdocument?id=59192.

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

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

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

22.6 City of Santa Cruz Professional Services Agreement for Centrifuge Control Panel Improvement Project December 2022 (Form Rev.0921) Page 5
SECTION 14: MISCELLANEOUS PROVISIONS

1. Project Manager. Director reserves the right to approve the project manager assigned by Consultant to said work.

No change in assignment may occur without prior written approval of the City.

2. Consultant Services Only. Consultant is employed to render professional services only and any payments made to Consultant are compensation solely for such professional services.

3. Independent Contractor. In the performance of this Agreement, it is expressly understood that Consultant, including each of Consultant’s employees, agents, subcontractors or others under Consultant’s supervision or control, is an independent contractor solely responsible for its own acts and omissions, and shall not be considered an employee of the City for any purpose. Consultant agrees to comply with AB5, codified at Labor Code section 2750.3, and shall indemnify, defend and hold harmless the City, its officials, officers, employees, and agents against any claim or liability, including attorneys’ fees and costs, arising in any manner related to this Agreement that an employee, agent or others under Consultant’s supervision or control was misclassified.

4. Consultant Not an Agent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.

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

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

7. Conflicts of Interest. Consultant owes City a duty of undivided loyalty in performing the work and services under this Agreement. Consultant covenants (on behalf of Consultant and Consultant’s employees, agents, representatives, and subcontractors) that there is no direct or indirect interest, financial or otherwise, which would conflict in any manner or degree with the performance of services required under this Agreement. Consultant acknowledges and agrees to comply with applicable provisions of conflict of interest law and regulations, including the Political Reform Act, Section 1090 of the Government Code, and the City’s conflict of interest code. Consultant will immediately advise City if Consultant learns of a conflicting financial interest of Consultant during the term of this Agreement.

8. City Property. The work, or any portion, of Consultant in performing this Agreement shall become the property of City. The Consultant may be permitted to retain copies of such work for information and reference in connection only with the provision of services for the City. All materials and work product, whether finished or unfinished, shall be delivered to City upon completion of contract services or termination of this Agreement for any reason. Unless otherwise provided herein, Consultant agrees that all copyrights which arise from creation of project-related documents and materials pursuant to this Agreement shall be vested in the City and Consultant waives and relinquishes all claims to copyright or other intellectual property rights in favor of City. Any work product related to this Agreement shall be confidential, not to be used by the Consultant on other projects or disclosed to any third party, except by agreement in writing by the City, or except as otherwise provided herein.

22.7 City of Santa Cruz Professional Services Agreement for Centrifuge Control Panel Improvement Project December 2022 (Form Rev.0921) Page 6

9. Intellectual Property and Indemnity. Consultant represents to City that, to the best of Consultant’s knowledge, any Intellectual Property (including but not limited to: patent, patent application, trade secret, copyright and any applications or right to apply for registration, computer software programs or applications, tangible or intangible proprietary information, or any other intellectual property right) in connection with any services and/or products related to this Agreement does not violate or infringe upon any Intellectual Property rights of any other person or entity.

To the fullest extent permitted by law, Consultant agrees to indemnify, defend, and hold harmless City, its officials, officers, employees, and agents, from any and all claims, demands, actions, liabilities, damages, or expenses (including reasonable attorneys’ fees and costs) arising out of a claim of infringement, actual or alleged, direct or contributory, of any Intellectual Property rights in any way related to Consultant’s performance under this Agreement or to the City’s authorized intended or actual use of Consultant’s product or service under this Agreement. This provision shall survive termination or expiration of this Agreement.

If any product or service becomes, or in the Consultant’s opinion is likely to become, the subject of a claim of infringement, the Consultant shall, at its sole expense: (i) provide the City the right to continue using the product or service; or (ii) replace or modify the product or service so that it becomes non-infringing; or (iii) if none of the foregoing alternatives are possible even after Consultant’s commercially reasonable efforts, in addition to other available legal remedies, City will have the right to return the product or service and receive a full or partial refund of an amount equal to the value of the returned product or service, less the unpaid portion of the purchase price and any other amounts, which may be due to the Consultant. City shall have the right to retrieve its data and proprietary information at no charge prior to any return of the product or termination of service.

10. Confidentiality.
a. Consultant shall not acquire any ownership interest in data and information (“City Data”) received by Consultant from City, which shall remain the property of the City. Certain information may be considered confidential (“Confidential Information”). Confidential Information shall mean all non-public information or proprietary materials (in every form and media) disclosed or made available directly or indirectly through any means of communication, either verbally or in writing, to Consultant in connection with this Agreement. Unless otherwise required by law, Consultant shall not, without City’s written permission, use or disclose City Data and/or Confidential Information other than in the performance of the obligations under this Agreement. As between Consultant and City, all City Confidential Information shall remain the property of the City. Consultant shall not acquire ownership interest in the City’s Confidential Information.
b. Consultant shall be responsible for ensuring and maintaining the security and confidentiality of City Data and Confidential Information, protect against any anticipated threats or hazards to the security or integrity of City Data and Confidential Information, protect against unauthorized access to or use of City Data and Confidential Information that could result in substantial harm or inconvenience to City or any end users; and ensure the proper return and/or disposal of City Data and Confidential Information upon termination of this Agreement with notice to the City.
c. Consultant shall take appropriate action to address any incident of unauthorized access to City Data and Confidential Information, including addressing and/or remedying the issue that resulted in such unauthorized access, notifying City as soon as possible of any incident of unauthorized access to City Data and Confidential Information, or any other breach in Consultant’s security that materially affects City or end users; and be responsible for ensuring compliance by its officers, employees, agents, and

22.8 City of Santa Cruz Professional Services Agreement for Centrifuge Control Panel Improvement Project December 2022 (Form Rev.0921) Page 7
subcontractors with the confidentiality provisions hereof. Should confidential and/or legally protected City Data be divulged to unauthorized third parties, Consultant shall comply with all applicable federal and state laws and regulations, including but not limited to California Civil Code sections 1798.29 and 1798.82 at Consultant’s sole expense. Consultant shall not charge City for any expenses associated with Consultant’s compliance with these obligations.
d. Consultant shall defend, indemnify and hold harmless City, its officials, officers, employees and agents against any claim, liability, loss, injury or damage (including attorneys’ fee and costs) arising out of, or in connection with, the unauthorized use, access, and/or disclosure of City Data and/or Confidential Information by Consultant and/or its agents, employees or sub-contractors, excepting only loss, injury or damage caused by the sole negligence or willful misconduct of the City. This provision shall survive the termination or expiration of this Agreement.

11. Consultant's Records. Consultant shall maintain accurate accounting records and other written documentation pertaining to the costs incurred relating to this Agreement for examination and audit by the City, State, or federal government, as applicable, during the period of this Agreement, and for a period of at least five years from the date of the final City payment for Consultant's services, unless otherwise stated herein. If Consultant engages a subcontractor to perform work related to this Agreement with a cost of $10,000 or more over a 12-month period, such subcontract shall contain these same requirements. This provision shall survive the termination of this Agreement.

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

Consultant further agrees that it shall defend, indemnify and hold City harmless against any claim, action or litigation (including but not limited to all judgments, costs, and attorney’s fees) that may result from denial by City of a CPRA request for information arising from any representation, or any action (or inaction), by the Consultant.

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

14. Licensure. Consultant warrants that Consultant, its subcontractors and/or agents (if any) has/have complied with any and all federal, state, and local licensing requirements and agrees to provide proof of a current City of Santa Cruz Business Tax Certificate if:
• Consultant, its subcontractor(s) and agent(s) or its business is/are located in the City of Santa Cruz; • Will perform actual work in the City of Santa Cruz for 6 or more days annually; or • Will use company vehicles to deliver within the City of Santa Cruz for 6 or more days annually.

For additional information and licensing requirements, view the City’s Business Licenses and Permits webpage or call the Revenue and Taxation division at 831/420-5070.

22.9 City of Santa Cruz Professional Services Agreement for Centrifuge Control Panel Improvement Project December 2022 (Form Rev.0921) Page 8

15. Living Wage. Every contract for services to the City for $10,000 or more, is subject to City of Santa Cruz Living Wage Ordinance number 2000-25. If applicable, Consultant agrees to comply with the requirements of the Living Wage ordinance as provided in Santa Cruz Municipal Code Chapter 5.10.

16. Prevailing Wages for Public Work. To the extent that the work or services to be performed under this Agreement may be considered a “public work” (construction, alteration, demolition, or repair work) pursuant and subject to Labor Code section 1720 et seq., Consultant (and any subconsultant performing the work or services) shall conform to any and all prevailing wage requirements applicable to such work/and or services under this Agreement. Consultant (and any subconsultant) shall adhere to the prevailing wage determinations made by the Director of Industrial Relations (DIR) pursuant to California Labor Code Part 7, Chapter 1, Article 2, applicable to the work, if any. All workers employed in the execution of a public works contract (as such term is defined California Labor Code section 1720 et seq. and section 1782(d)(1)) must be paid not less than the specified prevailing wage rates for the type of work performed. (CA Labor Code sections 1720, 1774 and 1782.)
To the extent applicable to the scope of work and services under this Agreement, Consultant agrees to be bound by the state prevailing wage requirements, including, but not limited to, the following:
a. If a worker is paid less than the applicable prevailing wage rate owed for a calendar day (or any portion thereof), Consultant shall pay the worker the difference between the prevailing wage rate and the amount actually paid for each calendar day (or portion thereof) for which the worker(s) was paid less than the prevailing wage rate, as specified in Labor Code section 1775; b. Consultant shall maintain and make available payroll and worker records in accordance with Labor Code sections 1776 and 1812;
c. If Consultant employs (and/or is legally required to employ) apprentices in performing the work and/or services under this Agreement, Consultant shall ensure compliance with Labor Code section 1777.5; d. Consultant is aware of the limitations imposed on overtime work by Labor Code sections 1810 et seq. and shall be responsible for any penalties levied in accordance with Labor Code section 1813 for failing to pay required overtime wages;
e. Consultant shall post a copy of the applicable wage rates at each jobsite at a location readily available to its workers.
f. Any failure of Consultant and/or its subconsultant to comply with the above requirements relating to a public work project shall constitute a breach of this Agreement that excuses the City’s performance of this Agreement at the City’s sole and absolute option and shall be at the sole risk of Consultant. Consultant on behalf of itself and any subconsultant, agree to indemnify, defend and hold harmless the City and its officials, officers, employees, and agents from and against any and all claims, liabilities, losses, costs, expenses, attorney’s fees, damages, expenses, fines, financial consequences, interest, and penalties, of any kind or nature, arising from or relating to any failure (or alleged failure) of the Consultant and any subconsultant to pay prevailing wages or to otherwise comply with the requirements of prevailing wage law relating to a public work.
g. Consultant acknowledges that it and/or any subconsultant may not engage in the performance of any contract for public work unless currently registered with the DIR and qualified to perform public work pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].

22.10 City of Santa Cruz Professional Services Agreement for Centrifuge Control Panel Improvement Project December 2022 (Form Rev.0921) Page 9

17. Storm Water Requirements. To the extent applicable to the Scope of Work under this Agreement, Consultant, Consultant’s employees, subcontractors, and agents are required to abide by the applicable City of Santa Cruz Storm Water Best Management Practices (BMPs) for the duration of the work. The City’s mandatory Storm Water BMPs, which are listed according to the type of work, operations, or business, are located on the City website at: https://www.cityofsantacruz.com/government/city-departments/public-works/stormwater/bestmanagement-practices

18. Dispute Resolution. The Parties agree to attempt in good faith to resolve through negotiation any dispute, claim or controversy arising out of or relating to this Agreement. Either party may initiate negotiations by providing written notice in letter form to the other party, setting forth the subject of the dispute and the relief requested. Promptly upon such notification, the Parties shall meet at a mutually agreeable time and place in order to exchange relevant information and perspective, and to attempt to resolve the dispute. In the event that no resolution is achieved, and if, but only if, the parties mutually agree, then prior to pursuing formal legal action, the parties shall make a good faith effort to resolve the dispute by non-binding mediation or negotiations between representatives with decision-making power, who, to the extent possible, shall not have had substantive involvement in the matters of the dispute. To the extent that the dispute involves or relates to a public works project, the Parties agree to attempt to resolve the dispute by complying with the claims process as set forth in Public Contract Code sections 9204(e), 20104-20104.6, but without waiving the requirements of the California Tort Claims Act, Gov’t Code section 800 et seq. unless otherwise agreed to by the Parties.

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

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

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

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

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

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

22.11 City of Santa Cruz Professional Services Agreement for Centrifuge Control Panel Improvement Project December 2022 (Form Rev.0921) Page 10

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

26. Notices. If either party shall desire or is required to give notice to the other such notice shall be given in writing, via email and concurrently delivered by overnight Federal Express [or priority U.S. Mail], addressed to recipient as follows:

To CITY:

City of Santa Cruz WWTF
Anne Hogan
110 California St
Santa Cruz, CA 95060
[email protected]
(831)4205424
To CONSULTANT:

Separator Technology Solutions
Mike Matthews
2591 Nicholson Street
San Leandro, CA 94577
[email protected]
(916)677-6041
Changes to the above information shall be given to the other party in writing ten (10) business days before the change is effective.

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

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

22.12 City of Santa Cruz Professional Services Agreement for Centrifuge Control Panel Improvement Project December 2022 (Form Rev.0921) Page 11
Approved As To Form:

By: ______________________________ Date: __________________ Office of the City Attorney

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

CONSULTANT
By: ______________________________ Date: __________________ Printed: ___________________________ Title: __________________

22.13 1

SEPARATOR TECHNOLOGY SOLUTIONS
2591 Nicholson Street
San Leandro, CA 94577
(916) 677-6041
[email protected]
Date
11/16/2022
Project Number
22‐045
Proposal: Description and scope of supply for complete project City of Santa Cruz WWTP ‐ Centrifuge #1, #2 & #3 control panel replacement, Polymer and Conveyor panel PLC/HMI conversion

1. (x3) Decanter control panels complete, with new 316SS cabinets with Allen Bradly 5069 components

2. (x1) Internal PLC/HMI component modification to the Conveyor panel, with Allen Bradly 5069 components

3. (x1) Internal PLC/HMI component modification to the Polymer panel, with Allen Bradly 5069 components

4. Complete connection information, Ethernet IP Tag list, to operation building for centrifuge monitoring; also add alarm annunciator connection to SCADA. Work with operations and IT during the project, to be included in respective documentation.

5. (x3) Option Add thermocouple (4‐20mA) to the Viscotherm hydraulic tanks and add temperature display on the HMI with adjustable high temperature warning Alarm set point and high Temperature shut‐down set points. Control panel will accept this 4‐20mA signal, programming will be completed. Optional price for supply of the temp sensor and installation is in pricing schedule of this proposal.

6. (x3) Add Pre‐high temperature warning alarm feed end main bearings and drive end main bearings with warning high temp alarm set points and high temperature shut down set points.

7. (x3) Add vibration warning alarm with adjustable set points.

8. Work with Bud Miller the electrical supervisor to review electrical drawings,

9. Work with maintenance and operation to talk about what they would like the system to have.

10. Add annunciator pages on the HMI for, temperature displays, and alarm annunciator for alarms and shut down alarm and auxiliary equipment‐Sludge pumps, Poly pumps, Main drive motors hydraulic unit, and lube oil pump, to view stop, run, and alarm status on the HMI display.

11. Transfer over existing alarms and shutdowns to new HMI/PLC, create new as needed to automate process.

12. Project schedule to be furnished within 2 weeks of purchase order and down payment receipt, as schedule is dependent on material availability which is typically confirmed at time of actual purchase.

13. Take down one centrifuge at a time and have it completed, and all alarms be tested before moving on to the next centrifuge. STS will remove all field wiring from existing centrifuge control panel terminal blocks, relabel as necessary and arrange neatly prior to the enclosure being removed from the floor. City of Santa Cruz to provide labor and rigging to remove existing enclosure and mount the new enclosure onto the floor, the same size enclosure will be supplied, STS to be onsite during the enclosure removal and installation process. The STS technician will land all field wiring onto the new enclosure field terminal block.

14. All secured program and set points will be accessible for the maintenance and electrical staff

22.14 2
when entering a password thru the HMI on the set point screen.

15. Operations will have capability to change operational settings as needed.

16. There shall be two auditable alarms installed one in the centrifuge room and one in the polymer room, and there would be a SCADA alarm annunciator, to be able to see what alarm are triggered from the centrifuges too SCADA. (Assisted by Brandon Ashby IT Department, and Bud Miller Electrical Supervisor.)

17. All centrifuge pumps, motors and drives shall have a manual test run selector screen page on the HMI for maintenance to troubleshoot and test run equipment when the need arises.

18. There shall not be any Proprietary information on components, programs, and controls; The City of Santa Cruz WWTF has the rights to hire any Technician to repair the controls when the time arises.

Contents
Proposal: Pricing Schedule Complete Project............................................................................................... 3 Terms and Conditions of Purchase ........................................................................................................... 4 Bill of Materials for Item 10: Spare Parts Kit................................................................................................. 4

22.15 3
Proposal: Pricing Schedule Complete Project

22.16 4
Terms and Conditions of Purchase
The above contract will follow the City of Santa Cruz Terms and Conditions of Purchase, except for the following project‐specific terms & conditions:
 FOB destination, City of Santa Cruz Wastewater Treatment Plant  Delivery thirty‐two (32) weeks from later date of either written purchase order, sales order confirmation or receipt of down payment.
 Payment Terms – Materials/Equipment Items 1,2,3,10,11 and 12 o 70% down‐payment, due and payable immediately with purchase order o 20% pre‐delivery, due and payable immediately upon notification of readiness to ship o 5% final, due and payable net thirty (30) days after completion of start‐up but not longer than sixteen (16) weeks after delivery to destination.
o 5% retention on all invoices should be released upon thirty (30) days after completion  Payment Terms – Install services and operator training Items 4,5,6,7,8 and 9 o 95%, upon completion of each service
o 5% retention on all invoices should be released upon thirty (30) days after completion  Warranty: Equipment quoted bears a warranty against material and faulty workmanship for twelve (12) months from date of completion of start‐up.  Validity: Prices are firm till December 31, 2022. Component vendors are flagging likely price increases starting 1 Jan 2023.

Bill of Materials for Item 10: Spare Parts Kit

22.17 1

SEPARATOR TECHNOLOGY SOLUTIONS
2591 Nicholson Street
San Leandro, CA 94577
(916) 677-6041
[email protected]
Date
10/31/2022
Project Number
22‐045A
Proposal: Submittal
City of Santa Cruz WWTP ‐ Centrifuge #1, #2 & #3 control panels (x3) Contents
Submittal Description (x3) Centrifuge Control Panels.................................................................................. 1 Purpose .....................................................................................................................................................1 Materials and Tasks ..................................................................................................................................1 Centrifuge Control Panel Enclosure Specification .................................................................................... 2 PLC and HMI Specification ........................................................................................................................ 2 Centrifuge Control Panel Bill of Materials x3............................................................................................ 3 Centrifuge Control Panel Documents....................................................................................................... 4 Proposal: Pricing Schedule............................................................................................................................ 4 Terms and Conditions of Purchase ........................................................................................................... 4 Submittal Description (x3) Centrifuge Control Panels
Purpose
The centrifuge control panel shall be capable of controlling a single centrifuge and be able to communicate via Ethernet protocol to DH485 protocol “polymer and conveyor control system.

Materials and Tasks

1. (x3) Centrifuge Control Panels complete, with Allen Bradley 5069 components

2. (x3) Add Pre‐high temperature warning alarm feed end main bearings and drive end main bearings with warning high temp alarm set points and high temperature shut down set points.

3. (x3) Add vibration warning alarm with adjustable set points.

4. Work with Bud Miller the electrical supervisor to review electrical drawings,

5. Work with maintenance and operation to talk about what they would like the system to have.

22.18 2

6. Add annunciator pages on the HMI for, temperature displays, and alarm annunciator for alarms and shut down alarm and auxiliary equipment‐Sludge pumps, Poly pumps, Main drive motors hydraulic unit, and lube oil pump, to view stop, run, and alarm status on the HMI display.

7. Transfer over existing alarms and shutdowns to new HMI/PLC, create new as needed to automate process.

8. All secured program and set points will be accessible for the maintenance and electrical staff when entering a password thru the HMI on the set point screen.

9. Operations will have capability to change operational settings as needed.

10. There shall be two auditable alarms installed one in the centrifuge room and one in the polymer room, and there would be a SCADA alarm annunciator, to be able to see what alarm are triggered from the centrifuges too SCADA. (Assisted by Brandon Ashby IT Department, and Bud Miller Electrical Supervisor.)

11. All centrifuge pumps, motors and drives shall have a manual test run selector screen page on the HMI for maintenance to troubleshoot and test run equipment when the need arises.

12. There shall not be any Proprietary information on components, programs, and controls; The City of Santa Cruz WWTF has the rights to hire any Technician to repair the controls when the time arises.

Centrifuge Control Panel Enclosure Specification
 Manufacturer, Hoffman
 72.06” x 37.06” x 24.06”
 12 gauge steel
 Seams continuously welded and ground smooth; no holes or knockouts  Internal mounting channels welded horizontally at top, bottom and center  Panels and rack‐mounting angles can be mounted anywhere along channels  Return flange around three sides of door and along enclosure opening excludes liquids and contaminants
 Stainless steel door clamps assure water‐tight seal
 Hasp and staple provided for padlocking
 Data pocket is high‐impact thermoplastic
 Lifting eyes for easy handling
 Oil‐resistant door gasket
 Bonding provision on door
 Provision for mounting fluorescent light
 ANSI 61 gray polyester powder paint inside and out over pretreated surfaces.  Panel with white finish
 NEMA Type 3, 4, 12, 13
 CSA, File No. 42186, Type 4, 12 E.I.A. RS310D
 IEC 60529, IP66
 UL 508A Listed; Type 4, 12; File No. E61997
 cUL Listed per CSA C22.2 No. 94; Type 4, 12; File No. E61997 PLC and HMI Specification
 PLC: Allen Bradley 5380 Controller with associated I/O  HMI: Allen Bradley PanelView Plus 7 Graphic Terminal

22.19 3
Centrifuge Control Panel Bill of Materials x3

22.20 4
Centrifuge Control Panel Documents
Three (3) printed copies for each of the three (3) centrifuge control enclosures electrical schematic to be provided to client at the end of the project, size 8.5x11.  One (1) copy will be supplied in each centrifuge control enclosure, in the door sleeve.  One (1) copy to client’s electrical and maintenance department.  One (1) copy to client’s maintenance department.
o Electrical Drawings shall clearly show Identified terminal points, and conductors.

Drawings will show, existing field wiring identification, and identify terminal points.

Two (2) printed copies for each of the three (3) centrifuge PLC and HMI program to be provided to client at the end of the project, size 8.5x11.
 One (1) copy to client’s electrical and maintenance department.  One (1) copy to client’s maintenance department.

One (1) program file for each of the three (3) centrifuge PLC and HMI program and electrical schematics to be provided to client at the end of the project. Emailed and on a USB.

Three (3) printed copies of the centrifuge operator instruction manual to be provided to client at the end of the project, size 8.5x11.
 One (1) copy to client’s dewatering operations department.  One (1) copy to client’s electrical and maintenance department.  One (1) copy to client’s maintenance department.

Proposal: Pricing Schedule
Qty      Description    Rate   Ext.
3         Centrifuge Control Panel    $64,666.00+tax   $193,980.00+tax Terms and Conditions of Purchase
The above contract will follow the City of Santa Cruz Terms and Conditions of Purchase, except for the following project‐specific terms & conditions:
 FOB destination, City of Santa Cruz Wastewater Treatment Plant  Delivery thirty‐two (32) weeks from later date of either written purchase order, sales order confirmation or receipt of down payment.
 70% down‐payment, due and payable immediately with purchase order  20% pre‐delivery, due and payable immediately upon notification of readiness to ship  10% final, due and payable net thirty (30) days after completion of start‐up but not longer than sixteen (16) weeks after delivery to destination.
 Warranty: Equipment quoted bears a warranty against material and faulty workmanship for twelve (12) months from date of completion of start‐up.  Validity: Prices are firm till December 31, 2022.  Component vendors are flagging likely price increases starting 1 Jan 2023.
 Installation, Start‐up, Operator Training associated travel expenses are not included in this submittal, to be separately submitted.

22.21 1

SEPARATOR TECHNOLOGY SOLUTIONS
2591 Nicholson Street
San Leandro, CA 94577
(916) 677-6041
[email protected]
Date
10/31/2022
Project Number
22‐045B
Proposal: Submittal
City of Santa Cruz WWTP – Polymer Control Panel Retrofit (x1) Contents
Submittal Description (x1) Polymer Control Panel Retrofit.......................................................................... 1 Purpose .....................................................................................................................................................1 Materials and Tasks ..................................................................................................................................1 PLC and HMI Specification ........................................................................................................................ 2 Polymer Control Panel Retrofit Bill of Materials x1.................................................................................. 2 Polymer Control Panel Retrofit Documents ............................................................................................. 3 Proposal: Pricing Schedule............................................................................................................................ 3 Terms and Conditions of Purchase ........................................................................................................... 3 Submittal Description (x1) Polymer Control Panel Retrofit Purpose
Retrofit existing polymer control panel with Allen Bradley 5380 Controller with associated I/O and Allen Bradley PanelView Plus 7 Graphic Terminal.
.

Materials and Tasks

1. (x1) polymer control panel retrofit with Allen Bradley 5069 components

2. Work with Bud Miller the electrical supervisor to review electrical drawings,

3. Work with maintenance and operation to talk about what they would like the system to have.

4. Add annunciator pages on the HMI for alarm annunciator for alarms and shut down alarm and auxiliary equipment ‐ Poly pumps to view stop, run, and alarm status on the HMI display.

5. Transfer over existing alarms and shutdowns to new HMI/PLC, create new as needed to automate process.

6. All secured program and set points will be accessible for the maintenance and electrical staff

22.22 2
when entering a password thru the HMI on the set point screen.

7. Operations will have capability to change operational settings as needed.

8. There shall be two auditable alarms installed one in the centrifuge room and one in the polymer room, and there would be a SCADA alarm annunciator, to be able to see what alarm are triggered from the centrifuges too SCADA. (Assisted by Brandon Ashby IT Department, and Bud Miller Electrical Supervisor.)

9. All polymer pumps, motors and drives shall have a manual test run selector screen page on the HMI for maintenance to troubleshoot and test run equipment when the need arises.

10. There shall not be any Proprietary information on components, programs, and controls; The City of Santa Cruz WWTF has the rights to hire any Technician to repair the controls when the time arises.

PLC and HMI Specification
 PLC: Allen Bradley 5380 Controller with associated I/O  HMI: Allen Bradley PanelView Plus 7 Graphic Terminal
Polymer Control Panel Retrofit Bill of Materials x1

22.23 3
Polymer Control Panel Retrofit Documents
Three (3) printed copies for the polymer control panel retrofit electrical schematic to be provided to client at the end of the project, size 8.5x11.
 One (1) copy will be supplied in the polymer control enclosure, in the door sleeve.  One (1) copy to client’s electrical and maintenance department.  One (1) copy to client’s maintenance department.
o Electrical Drawings shall clearly show Identified terminal points, and conductors.

Drawings will show, existing field wiring identification, and identify terminal points.

Two (2) printed copies of the Polymer Control Panel PLC and HMI program to be provided to client at the end of the project, size 8.5x11.
 One (1) copy to client’s electrical and maintenance department.  One (1) copy to client’s maintenance department.

One (1) program file for the PLC and HMI program and electrical schematics to be provided to client at the end of the project. Emailed and on a USB.

Three (3) printed copies of the Polymer Control Panel operator instruction manual to be provided to client at the end of the project, size 8.5x11.
 One (1) copy to client’s dewatering operations department.  One (1) copy to client’s electrical and maintenance department.  One (1) copy to client’s maintenance department.

Proposal: Pricing Schedule
Qty      Description    Rate   Ext.
1          Polymer Control Panel Retrofit   $40,830.00+tax   $40,830.00+tax Terms and Conditions of Purchase
The above contract will follow the City of Santa Cruz Terms and Conditions of Purchase, except for the following project‐specific terms & conditions:
 FOB destination, City of Santa Cruz Wastewater Treatment Plant  Delivery thirty‐two (32) weeks from later date of either written purchase order, sales order confirmation or receipt of down payment.
 70% down‐payment, due and payable immediately with purchase order  20% pre‐delivery, due and payable immediately upon notification of readiness to ship  10% final, due and payable net thirty (30) days after completion of start‐up but not longer than sixteen (16) weeks after delivery to destination.
 Warranty: Equipment quoted bears a warranty against material and faulty workmanship for twelve (12) months from date of completion of start‐up.  Validity: Prices are firm till December 31, 2022.  Component vendors are flagging likely price increases starting 1 Jan 2023.
 Installation, Start‐up, Operator Training associated travel expenses are not included in this submittal, to be separately submitted.

22.24 1

SEPARATOR TECHNOLOGY SOLUTIONS
2591 Nicholson Street
San Leandro, CA 94577
(916) 677-6041
[email protected]
Date
10/31/2022
Project Number
22‐045C
Proposal: Submittal
City of Santa Cruz WWTP – Conveyor Control Panel Retrofit (x1) Contents
Submittal Description (x1) Conveyor Control Panel Retrofit........................................................................ 1 Purpose .....................................................................................................................................................1 Materials and Tasks ..................................................................................................................................1 PLC and HMI Specification ........................................................................................................................ 2 Conveyor Control Panel Retrofit Bill of Materials x1................................................................................ 2 Conveyor Control Panel Retrofit Documents............................................................................................ 3 Proposal: Pricing Schedule............................................................................................................................ 3 Terms and Conditions of Purchase ........................................................................................................... 3 Submittal Description (x1) Conveyor Control Panel Retrofit Purpose
Retrofit existing conveyor control panel with Allen Bradley 5380 Controller with associated I/O and Allen Bradley PanelView Plus 7 Graphic Terminal.
.

Materials and Tasks

1. (x1) conveyor control panel retrofit with Allen Bradley 5069 components

2. Work with Bud Miller the electrical supervisor to review electrical drawings,

3. Work with maintenance and operation to talk about what they would like the system to have.

4. Add annunciator pages on the HMI for alarm annunciator for alarms and shut down alarm and auxiliary equipment ‐ Poly pumps to view stop, run, and alarm status on the HMI display.

5. Transfer over existing alarms and shutdowns to new HMI/PLC, create new as needed to automate process.

6. All secured program and set points will be accessible for the maintenance and electrical staff

22.25 2
when entering a password thru the HMI on the set point screen.

7. Operations will have capability to change operational settings as needed.

8. There shall be two auditable alarms installed one in the centrifuge room and one in the conveyor room, and there would be a SCADA alarm annunciator, to be able to see what alarm are triggered from the centrifuges too SCADA. (Assisted by Brandon Ashby IT Department, and Bud Miller Electrical Supervisor.)

9. All conveyor motors and drives shall have a manual test run selector screen page on the HMI for maintenance to troubleshoot and test run equipment when the need arises.

PLC and HMI Specification
 PLC: Allen Bradley 5380 Controller with associated I/O  HMI: Allen Bradley PanelView Plus 7 Graphic Terminal
Conveyor Control Panel Retrofit Bill of Materials x1

22.26 3
Conveyor Control Panel Retrofit Documents
Three (3) printed copies for the Conveyor control panel retrofit electrical schematic to be provided to client at the end of the project, size 8.5x11.
 One (1) copy will be supplied in the Conveyor control enclosure, in the door sleeve.  One (1) copy to client’s electrical and maintenance department.  One (1) copy to client’s maintenance department.
o Electrical Drawings shall clearly show Identified terminal points, and conductors.

Drawings will show, existing field wiring identification, and identify terminal points.

Two (2) printed copies of the Conveyor Control Panel PLC and HMI program to be provided to client at the end of the project, size 8.5x11.
 One (1) copy to client’s electrical and maintenance department.  One (1) copy to client’s maintenance department.

One (1) program file for the PLC and HMI program and electrical schematics to be provided to client at the end of the project. Emailed and on a USB.

Three (3) printed copies of the Conveyor Control Panel operator instruction manual to be provided to client at the end of the project, size 8.5x11.
 One (1) copy to client’s dewatering operations department.  One (1) copy to client’s electrical and maintenance department.  One (1) copy to client’s maintenance department.

Proposal: Pricing Schedule
Qty      Description    Rate   Ext.
1          Conveyor Control Panel Retrofit   $43,440.00+tax   $43,440.00+tax Terms and Conditions of Purchase
The above contract will follow the City of Santa Cruz Terms and Conditions of Purchase, except for the following project‐specific terms & conditions:
 FOB destination, City of Santa Cruz Wastewater Treatment Plant  Delivery thirty‐two (32) weeks from later date of either written purchase order, sales order confirmation or receipt of down payment.
 70% down‐payment, due and payable immediately with purchase order  20% pre‐delivery, due and payable immediately upon notification of readiness to ship  10% final, due and payable net thirty (30) days after completion of start‐up but not longer than sixteen (16) weeks after delivery to destination.
 Warranty: Equipment quoted bears a warranty against material and faulty workmanship for twelve (12) months from date of completion of start‐up.  Validity: Prices are firm till December 31, 2022.  Component vendors are flagging likely price increases starting 1 Jan 2023.
 Installation, Start‐up, Operator Training associated travel expenses are not included in this submittal, to be separately submitted.

22.27 City of Santa Cruz Professional Services Agreement for Centrifuge Control Panel Improvement Project December 2022 (Form Rev.0921) Page 13
EXHIBIT B: FEE SCHEDULE
Milestone Definition Task 5% Retention Milestone Payment Milestone Total 1A
70% Down-payment, due with verified
purchase order from STS to Vendor

1. Centrifuge Control Panel Upgrade
(Material and Submittal) $ 7,196.52 $ 136,733.91 $ 143,930.43 1B
20% pre-delivery, due upon
notification of readiness to ship

1. Centrifuge Control Panel Upgrade
(Material and Submittal) $ 2,056.15 $ 39,066.83 $ 41,122.98 1C
10% Final, due 30 days after
completion of start-up

1. Centrifuge Control Panel Upgrade
(Material and Submittal) $ 1,028.07 $ 19,533.42 $ 20,561.49 $ 205,614.90
2A
70% Down-payment, due with verified
purchase order from STS to Vendor

2. Polymer Control Panel Retrofit
(Material and Submittal) $ 1,506.26 $ 28,618.93 $ 30,125.19 2B
20% pre-delivery, due upon
notification of readiness to ship

2. Polymer Control Panel Retrofit
(Material and Submittal) $ 430.36 $ 8,176.84 $ 8,607.20 2C
10% Final, due 30 days after
completion of start-up

2. Polymer Control Panel Retrofit
(Material and Submittal) $ 215.18 $ 4,088.42 $ 4,303.60 $ 43,035.98
3A
70% Down-payment, due with verified
purchase order from STS to Vendor

3. Conveyor Control Panel Retrofit
(Material and Submittal) $ 1,606.07 $ 30,515.34 $ 32,121.41 3B
20% pre-delivery, due upon
notification of readiness to ship

3. Conveyor Control Panel Retrofit
(Material and Submittal) $ 458.88 $ 8,718.67 $ 9,177.54 3C
10% Final, due 30 days after
completion of start-up

3. Conveyor Control Panel Retrofit
(Material and Submittal) $ 229.44 $ 4,359.33 $ 4,588.77 $ 45,887.72
4 100% upon completion of install and
test Centrifuge 1 Control Panel

4. Centrifuge 1 Control Panel Onsite
Installation and Testing $ 728.20 $ 13,835.80 $ 14,564.00 5 100% upon completion of install and
test Centrifuge 2 Control Panel

5. Centrifuge 2 Control Panel Onsite
Installation and Testing $ 528.56 $ 10,042.64 $ 10,571.20 6 100% upon completion of install and
test Centrifuge 3 Control Panel

6. Centrifuge 3 Control Panel Onsite
Installation and Testing $ 528.56 $ 10,042.64 $ 10,571.20 7 100% upon completion of install and
test Polymer Control Panel

7. Polymer Control Panel Onsite
Installation and Testing $ 528.56 $ 10,042.64 $ 10,571.20 8 100% upon completion of install and
test Conveyor Control Panel

8. Conveyor Control Panel Onsite
Installation and Testing $ 528.56 $ 10,042.64 $ 10,571.20 9 100% upon completion of the training 9. Onsite Operator Training $ 528.56 $ 10,042.64 $ 10,571.20 $ 18,097.93 $ 343,860.68 $ 361,958.61
10 (Optional)
70% with purchase order from STS to
Vendor, 20% upon readiness to ship,
10% after delivery to site

10. Spare Part Kit (Include PLC, HMI,
one each I/O module per type used
in all system, PB contacts, Relay,
Fuses) $ 1,763.47 $ 33,505.94 $ 35,269.41
11 (Optional)
70% with purchase order from STS to
Vendor, 20% upon readiness to ship,
10% after delivery to site

11. Stainless Steel Centrifuge
Control Panel Upgrade $ 1,459.68 $ 27,733.96 $ 29,193.64 12 (Optional)
70% with purchase order from STS to
Vendor, 20% upon readiness to ship,
10% after delivery to site 12. Temperature Sensor Installation $ 232.35 $ 4,414.65 $ 4,647.00 $ 21,553.43 $ 409,515.23 $ 431,068.66
* 5% retention apply to all the milestone total will be paid with final invoice Sub Total Item 1 to 9, Including Tax on material
Total Item 1 to 12, Including Tax on Material (Assume 9.25%) Task 1 Total Inlcude Material Tax ($193,908.23+ Tax $11,634.67) Task 2 Total Include Material Tax ($40,829.87 + Tax $2,206.11) Task 3 Total Include Material Tax ($43,440.16 + Tax $2,447.56)

22.28 City of Santa Cruz Professional Services Agreement for Centrifuge Control Panel Improvement Project December 2022 (Form Rev.0921) Page 14
EXHIBIT C: WORK SCHEDULE
N/A

22.29 City of Santa Cruz Professional Services Agreement for Centrifuge Control Panel Improvement Project December 2022 (Form Rev.0921) Page 15
EXHIBIT D: INSURANCE REQUIREMENTS
A. CERTIFICATE REQUIREMENTS
The City will be issued a Certificate of Insurance (a Memorandum of Understanding will not be accepted) with the following minimum requirements:
• Certificate(s) will show current policy number(s) and effective dates, • Coverage and policy limits will meet, or exceed, requirements below, • The Certificate Holder will be City of Santa Cruz, Risk Management, 333 Front Street., Suite 200, Santa Cruz, CA 95060,
• Certificate will be signed by an authorized representative, • An endorsement, if required below, will be provided to show the City, its officers, officials, employees, and volunteers as additional insureds, and
• Coverages must be maintained during the term of the Agreement with the City, unless a longer duration is required.

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

Coverage will be at least as broad as:
• COMMERCIAL GENERAL LIABILITY (CGL): $1,000,000 PER OCCURRENCE; $2,000,000 AGGREGATE Proof of coverage for $1 Million per occurrence including products and completed operations, property damage, bodily injury, personal and advertising injury will be provided on Insurance Services Office (ISO) Form CG 00 01 covering CGL. If a general aggregate limit applies, either the general aggregate limit will apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit will be at least twice the required occurrence limit. • PROFESSIONAL LIABILITY (ERRORS AND OMISSIONS): $2,000,000 PER OCCURRENCE OR CLAIM, $2,000,000 AGGREGATE.

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

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

The Worker’s Compensation policy must be endorsed with a waiver of subrogation in favor of the City for all work performed by the Consultant and its employees.

22.30 City of Santa Cruz Professional Services Agreement for Centrifuge Control Panel Improvement Project December 2022 (Form Rev.0921) Page 16
(Not required if Consultant provides written verification it has no employees) - If Contractor has no employees, Contractor shall complete and sign a Workers’ Compensation Exemption Declaration and Release of Liability.
• For Data Security and Privacy Liability

1. Consultant shall maintain one or more insurance policies - Privacy, Technology and Data Security Liability, Cyber Liability, or Technology Professional Liability Insurance coverage in the amount of $5,000,000 per occurrence or claim, $5,000,000 aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations undertaken by Consultant in this contract.

2. The policy(ies) shall include coverage for claims involving security breach, system failure, data recovery, business interruption, cyber extortion, social engineering, infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, and alteration of electronic information.

3. The policy(ies) shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations.

4. The policy(ies) shall include, or be endorsed to include, property damage liability coverage for damage to, alteration of, loss of, or destruction of electronic data and/or information “property” of the City in the care, custody, or control of the Consultant.

C. OTHER INSURANCE PROVISIONS
The insurance policies are to comply with the following provisions:
• ADDITIONAL INSURED STATUS
The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL and CPL policies with respect to liability arising out of work or operations performed by or on behalf of Consultant including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage will be provided in the form of an endorsement to Consultant’s insurance at least as broad as ISO Form CG 20 10 11 85, or if not available, through the addition of both CG 20 10 CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 (if a later edition is used). • PRIMARY COVERAGE
For any claims related to this Agreement, Consultant’s insurance coverage will be primary insurance as respects the City, its officers, officials, employees, agents, and volunteers. Any insurance or selfinsurance maintained by the City, its officers, officials, employees, agents, or volunteers will be excess of Consultant’s insurance and will not contribute with it. • NOTICE OF CANCELLATION
Each insurance policy required above shall state that the coverage shall not be canceled, except with notice to the City.
• WAIVER OF SUBROGATION
Consultant hereby grants to the City a waiver of any right to subrogation, except as otherwise not applicable, which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss, including attorney’s fees under such insurance. Consultant agrees to obtain any endorsement that may be necessary to effectuate this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. • EXCESS LIABILITY/UMBRELLA INSURANCE POLICIES

22.31 City of Santa Cruz Professional Services Agreement for Centrifuge Control Panel Improvement Project December 2022 (Form Rev.0921) Page 17
The excess/liability policies will provide similar coverage as the primary CGL policy with no new exclusions - Excess liability insurance must follow form the terms, conditions, definitions, and exclusions of the underlying CGL insurance. The excess/umbrella policy must also be written on a primary and noncontributory basis for an additional insured, and that it will apply before any other insurance that is available to such additional insured which covers that person or organization as a named insured, and we will not share with that other insurance.

The policy regarding Limits of Insurance regarding Aggregates must provide that the aggregate limits if applicable shall apply in the same manner as the aggregate limits shown in the Schedule of the Underlying Insurance.
• SELF-INSURED RETENTIONS
Self-insured retentions must be declared to and approved by the City. City may require Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related expenses.

The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.
• ACCEPTABILITY OF INSURERS
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A: VII, unless otherwise acceptable to the City.
• CLAIMS MADE POLICIES
If any of the required policies provide coverage on a claims-made basis:

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

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

3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work. • VERIFICATION OF COVERAGE
Consultant will furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL and CPL Policies listing all policy endorsements to be approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning will not waive the Consultant’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

D. SUBCONTRACTORS
Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors.

E. SPECIAL RISKS/CIRCUMSTANCES
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances and provide notice to Consultant.

22.32 City Council

AGENDA REPORT
DATE: 11/28/2022
AGENDA OF: 12/13/2022
DEPARTMENT: Public Works
SUBJECT: Recycling Building Membrane Structure Replacement Project (c401811) – Authorization to Advertise and Award (PW)
RECOMMENDATION: Motion to approve the plans and specifications for the Recycling Building Membrane Structure Replacement Project (c401811) 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 project budget.

BACKGROUND: In 2005, Santa Cruz Resource Recovery Facility (RRF) upgraded the existing single-stream materials recovery sorting equipment to allow for more efficient mechanical and manual sorting within the recycling building. Part of this system extended beyond the cover of the building, and a 70’ x 80’ membrane structure was added to the recycling building to protect the additional processing equipment and the recyclable material tipping area from the weather.

DISCUSSION: Over the years, the fabric and structure itself has deteriorated due to heavy use and exposure to the elements. The membrane structure needs to be replaced as soon as possible to ensure the Recycling Center continues to function safely and effectively.

The project consists of obtaining a building permit, demolition and removal of the existing membrane structure, and the fabrication, delivery, and installation of the replacement membrane structure. Bollards will be added as part of this project to protect the membrane structure from heavy equipment.

Specifications for this project can be found online at:
www.cityofsantacruz.com/publicworksprojects
FISCAL IMPACT: Construction cost for this project is estimated at $194,000. Funds are available in the FY 2023 Refuse Fund Capital Investment Program (CIP) Recycling Building and Equipment Improvement project c401811. There is no impact to the General Fund.

Prepared By:

Hoi Yu
Associate Professional
Engineer
Submitted By:

Mark R. Dettle
Director of Public Works
Approved By:

Matt Huffaker
City Manager

23.1 ATTACHMENTS:

None.

23.2 City Council

AGENDA REPORT
DATE: 11/28/2022
AGENDA OF: 12/13/2022
DEPARTMENT: Public Works
SUBJECT: Recycling Center Concrete Floor Upgrade 2022 (c401811) – Notice of Completion (PW)
RECOMMENDATION: Motion to accept the work of Kraemer Engineering Inc (Salinas, CA) as completed per the plans and specifications and authorize the filing of the Notice of Completion for Recycling Center Concrete Floor Upgrade 2022 (c401811).

BACKGROUND: The City of Santa Cruz (City) Resource Recovery Facility (RRF) includes a sanitary landfill and Recycling Center. The Recycling Center includes a public tipping area for customer drop-off, and a tipping pad within the recycling tent for the City’s collections truck to unload collected mixed recycling to be mechanically and manually sorted then baled for shipment off site. Due to the wear and tear caused by heavy equipment usage around the recycling center to transport collected and baled material, various sections of the concrete floors are now in need of replacement.

At its June 28, 2022, City Council approved the plans and specifications for the Recycling Center Concrete Floor Upgrade 2022 Project, and authorized staff to advertise the bid and the City Manager to award the bid.

On October 10, 2022, the project was awarded to the lowest, responsive, and responsible bidder, Kraemer Engineering Inc (Salinas, CA), in the amount of $57,175.01 (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 $54,626.45 and was fully funded from the FY 2023 Refuse Refund Capital Investment Program (CIP). There was no impact to the General Fund.

Prepared By:

Scott Glucs
Assistant Engineer
Submitted By:

Mark R. Dettle
Director of Public Works
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. NOTICE OF COMPLETION.DOCX

24.1 Notice of Completion (Revised Oct 2021)
(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: Recycling Center Concrete Floor Upgrade 2022 c401811

3. Nature of Work Performed on the Property or Materials Furnished for the City. The Project consisted of work described as: Replacing an area of concrete at the recycling tipping pad, and replacing an area of concrete in the recycling yard.

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: Kraemer Engineering Inc 223 Harrison Rd K1, Salinas, CA 93907

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: November 12, 2022

8. The filing of this Notice of Completion was authorized by the Santa Cruz City Council Minute Order on Tuesday, December 13, 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

24.2 City Council

AGENDA REPORT
DATE: 11/28/2022
AGENDA OF: 12/13/2022
DEPARTMENT: Public Works
SUBJECT: Ocean Street Pavement Rehabilitation Project (c400809) – Authorization to Advertise and Award (PW)
RECOMMENDATION: Motion to approve plans and specifications for the Ocean Street Pavement Rehabilitation Project (c400809), 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 acceptable to the City Attorney. The Director of Public Works is authorized to execute change orders within the approved project budget.

BACKGROUND: Public Works has implemented a program to rehabilitate city streets long plagued by deferred maintenance. This program targets heavily used arterial and collector streets.

The City of Santa Cruz (City) uses the pavement condition index, or PCI, as a pavement condition measurement, which ranges from zero to 100. A newly constructed street will have a PCI of 100, while a failed street will have a PCI of 25 or less. The pavement condition index is divided into four categories: from 0 to 25, pavement condition is considered very poor; from 25 to 50, pavement condition is poor; from 50 to 70 pavement condition is good; and from 70 to 100, pavement condition is very good. The pavement condition is primarily affected by the climate, traffic, loads and volumes, construction materials, and age. This section of Ocean Street (from Water Street to Plymouth Street) has a PCI of 35.

DISCUSSION: Ocean Street is a primary gateway into the city of Santa Cruz, both downtown and beach areas, serving high volumes of local and visitor traffic. The current condition of the existing asphalt and non-compliant curb ramps along this corridor are disruptive to motorists, bicyclists, and pedestrians.

The project will make improvements for all roadway users, pedestrians, and bicyclists. The proposed improvements in the project area (Ocean Street from Water Street to Plymouth Street) include the removal of non-ADA compliant curb ramps and installation of ADA-compliant curb ramps, removal, and replacement of asphalt pavement, and installation of new striping that draw attention to potential conflict zones between motorists, bicyclists, and pedestrians. These striping improvements include, but are not limited to, through intersection striping, green and shared lane markings, and bike lane buffers where possible. Revocable bid items such as concrete bus pads are also included in the bid sheet should there be enough funding to install them.

The Transportation and Public Works Commission (TPWC) considered this item on October 17, 2022, and had a number of questions that were addressed at the meeting. The TPWC

25.1 recommended that City Council approve the staff recommendation and requests that staff look for opportunities for protected bike lanes and consider targeted parking removal on Ocean Street to facilitate such protected bike lanes. Staff has evaluated and included targeted parking removals to install protected bike lanes.

Project staff will work with adjacent property owners on details of the construction plans and specifications to minimize construction impacts. Staff anticipates that the project will begin construction during the spring of 2023.

Plans and specifications for both projects can be found online at:
www.cityofsantacruz.com/publicworksprojects
FISCAL IMPACT: The project (c400809) has received an allocation of $600,000 in state funds from the Regional Surface Transportation Program (RSTP) from the Santa Cruz County Regional Transportation Commission (SCCRTC) and will be additionally funded by Measure D, Gas Tax, and the General Fund in the FY 2023 Capital Investment Program (CIP). The project construction is estimated at $2,050,000, including construction management costs.

Prepared By:

Miguel Lizarraga
Associate Professional
Engineer
Submitted By:

Mark R. Dettle
Director of Public Works
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. 10-17-2022 TPWC APPROVED MINUTES.PDF

25.2 October 17, 2022 – Transportation and Public Works Commission Minutes Transportation and Public Works Commission
Regular Meeting
Minutes
6:00 p.m., Monday, October 17, 2022
Zoom Webinar
Call to Order: 6:00 P.M.

Roll Call: Chair Philip Boutelle; Vice Chair Ron Goodman; Commissioners: Ryan Meckel, Robert Orrizzi and Zennon Ulate-Crow
Absent with Notification: Commissioners Candace Brown and Kyle Kelley Absent without Notification: None
Statements of Disqualification: None
Oral Communications: None
At 6:01 P.M. Chair Boutelle opened oral communications. There were not any speakers, so Chair Boutelle closed oral communications at 6:02 P.M.

Announcements:

Nathan Nguyen, Assistant Director of Public Works, introduced and welcomed Matthew Starkey, Transportation Manager, to the Transportation and Public Works Commission.

Scott Ruble, Principal Management Analyst, announced that Mark Dettle, Director of Public Works, will not be joining the meeting tonight as he is part of the City negotiations with SEIU.

Presentations:

1. BBC StoryWorks Video on Pure Water Soquel Project
Ron Duncan, General Manager, and Melanie Mow Schumacher, Program Director, from Soquel Creek Water District, gave a presentation and played the BBC StoryWorks Video on the Pure Water Soquel Project.

At 6:34 P.M. Chair Boutelle opened Public Comment. There were no speakers and Chair Boutelle closed Public Comment at 6:35 P.M.

25.3 October 17, 2022 – Transportation and Public Works Commission Minutes 2 Approval of Minutes:

2. September 19, 2022 – Transportation and Public Works Commission Draft Minutes
MOTION: Vice Chair Goodman moved, seconded by Commissioner Meckel, to approve the minutes of the September 19, 2022 Transportation and Public Works Commission meeting.

ACTION: The motion carried with the following vote:

AYES: Chair Boutelle, Vice Chair Goodman, Commissioners: Meckel and Orrizzi
NOES: None
ABSENT: Commissioners Brown and Kelley
DISQUALIFIED: Commissioner Ulate-Crow
Consent: None
General Business:

3. Ocean Street Overlay Project (c400809) – Authorization to Advertise and Award (PW)
Miguel Lizarraga, Associate Professional Engineer, and Dan Estranero, Associate Professional Engineer, gave a presentation on Ocean Street Overlay Project and responded to questions.

At 7:16 P.M. Chair Boutelle opened public comment and the following person spoke:

Brian Digiorgio
At 7:20 P.M. Chair Boutelle closed public comment.

MOTION: Vice Chair Goodman moved, seconded by Chair Boutelle, that the Transportation and Public Works Commission recommend that the City Council approve plans and specifications for the Ocean Street Overlay Project (c400809) with the addition of requests that staff look for opportunities for protected bike lanes and consider targeted parking removal on Ocean Street to facilitate such protected bike lanes, and authorize staff to advertise for bids, and authorize the Public Works Director to execute change orders within the approved project budget.

25.4 October 17, 2022 – Transportation and Public Works Commission Minutes 3 ACTION: The motion carried with the following vote:

AYES: Chair Boutelle, Vice Chair Goodman, Commissioners: Meckel, Orrizzi, and Ulate-Crow
NOES: None
ABSENT: Commissioners Brown and Kelley
DISQUALIFIED: None

4. Parklet Ordinance
Rebecca Unitt, Economic Development Manager, gave a presentation on Parklet Ordinance and responded to questions.

At 8:22 P.M. Chair Boutelle opened Public Comment. There were no speakers and Chair Boutelle closed Public Comment at 8:23 P.M.

MOTION: Vice Chair Goodman moved, seconded by Commissioner Meckel, that that the Transportation and Public Works Commission recommend that the City Council approve an ordinance to establish a permanent parklet program citywide, levy fees for parking meter revenue replacement in the parking district and adopt an extension of Ordinance No. 2021-21 to extend the temporary outdoor expansion program until March 31, 2023.

ACTION: The motion carried with the following vote:

AYES: Chair Boutelle, Vice Chair Goodman, Commissioners: Meckel, Orrizzi, and Ulate-Crow
NOES: None
ABSENT: Commissioners Brown and Kelley
DISQUALIFIED: None
Informational Items: None
Subcommittee/Advisory Body Oral Reports: None
Items Initiated by Members for Future Agendas:

Chair Boutelle gave an update on previous item initiated by Commissioner Orizzi requesting data regarding eBikes and collisions rates.

Commissioner Meckel requested information on plans to expand ridesharing, such as Zip Cars.

Adjournment: 8:26 P.M.

25.5 City Council

AGENDA REPORT
DATE: 11/28/2022
AGENDA OF: 12/13/2022
DEPARTMENT: Public Works
SUBJECT: San Lorenzo River Flood Control Project Federal Emergency Management Agency (FEMA) Accreditation Vegetation Management and Burrowing Rodent Mitigation Projects (c402112) – Authorization to Advertise and Award (PW)
RECOMMENDATION: Motion to approve the project scopes and specifications for San Lorenzo Flood Control Project Federal Emergency Management Agency Accreditation Vegetation Management and Burrowing Rodent Mitigation Projects (c402112), 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 Director of Public Works is authorized to execute changes orders within the approved project budget.

BACKGROUND: On July 7, 2020 the City of Santa Cruz (City) received notification from the US Army Corps of Engineers (Corps) that the San Lorenzo River flood control project had been officially deemed “complete” and was turned over to the City for continued operation and management. Moreover, in September 2020, the Corps also issued a check to the City in the amount of $1,988,000 as a refund for the City’s investment in raising the Water Street Bridge; that check was deposited to the Stormwater Overlay Fund (Fund 752). In November 2020 a budget adjustment authorized appropriation of the refund deposited to Fund 752 into a newly created project to fully fund the San Lorenzo River flood control project FEMA Certification (c402112).

FEMA certification of the flood control project must be completed within a three-year time period from the July 7, 2020 notification date, or risk the elimination of the 50% discount on flood insurance rates for all properties within the city flood plain of the San Lorenzo River. This discount saves property owners about $1.5 million each year with lower flood insurance rates.

FEMA certification of the levee system will ensure stable flood insurance rates when required for downtown property owners and reduces the City’s liability risk should a failure occur.

Certification requires evaluating and documenting various dimensions of the flood control project to ensure its protective performance as intended. Those evaluations may indicate that infrastructure modifications and/or maintenance activities may be necessary.

The City contracted with MBK Engineers on December 7, 2020 to be the certifying engineer and manage the levee certification team and subconsultant coordination of evaluations pertaining to geotechnical conditions, hydrology and hydraulics, erosion and vegetation encroachments. This also includes preparation of a supplemental OMRR&R Manual to be used as part of the

26.1 certification package to FEMA. The City met early in the summer of 2021 with staff from Congressman Panetta’s office to update them on the progress of the FEMA certification.

DISCUSSION: MBK Engineers has identified two maintenance activities that must be addressed prior to submission of the City’s certification package to FEMA. Certification requirements are based on the criteria and guidelines set forth in USACE's Engineering Pamphlet (EP), EP 1110-2-18, "Guidelines for Landscape Planting and Vegetation Management at Levees, Floodwalls, Embankment Dams, and Appurtenant Structures", which outlines the requirements for managing vegetation on levees. This EP outlines the requirements to ensure that landscape planting and vegetation management provide aesthetic and environmental benefits without compromising the reliability of flood control facilities.

FEMA certification requires that vegetation along levee slopes must be maintained to allow full visibility of the levee slope during a high-water event. This is required to ensure the local maintain agency (City) can directly observe any seepage and/or erosion activity during high water with no obstructions. This differs from previous standards set by the Army Corps of Engineers (ACOE) design exception, which allowed the City greater flexibility with landscape design. Unfortunately, FEMA criteria is more restrictive, and staff plans to work with impacted neighborhood groups and community organizations on future designs. In addition, burrowing rodents threaten the stability of the levee in a high-water event and burrows must be filled in for FEMA certification. City staff anticipate completing these maintenance activities by March 2023, and on an annual ongoing basis throughout the ten-year accreditation period.

Scope documents and specifications for both projects can be found online at:
www.cityofsantacruz.com/publicworksprojects
FISCAL IMPACT: The vegetation management portion of the FEMA accreditation project is estimated to be $300,000. The burrowing rodent mitigation portion of the FEMA accreditation project is estimated to be $200,000. There are sufficient funds in project c402112 (Stormwater Overlay) to fund both projects. There is no impact to the General Fund.

Prepared By:

Katie Stewart
Associate Professional
Engineer
Christina Alberti
Management Analyst
Submitted By:

Mark R. Dettle
Director of Public Works
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

None.

26.2 1
Rosemary Balsley
From: Pauline Seales <[email protected]>
Sent: Sunday, December 11, 2022 11:46 AM
To: City Council; Nathan Nguyen; Matt Huffaker
Subject: Agenda item 26 - San Lorenzo River Levee Work
Please halt the bidding process (prematurely scheduled for January 10, 2023) on a contract which would drastically interrupt the current restoration process on the San Lorenzo River levee . We must move slowly and deliberately regarding the critical environmental importance of the urban river and its wildlife and wildlife habitat. There has not been adequate time for public input and discussion on this drastic step.

Many local groups have worked hard on habitat restoration which has multiple benefits.

This item needs to be pulled from the consent agenda and set aside for further public discussion.

Thanks
Pauline Seales

26.3 1
Rosemary Balsley
From: Lynda Marín CCL-SC <[email protected]>
Sent: Sunday, December 11, 2022 1:48 PM
To: City Council; Nathan Nguyen; Matt Huffaker
Subject: Agenda item 26 - San Lorenzo River Levee Work
Dear Council members and staff,
Please do not allow the premature bidding process to proceed on January 10, 2023 on a contract which would unquestionably harm the current restoration process on the San Lorenzo River levee . This project must take into account the central and critical importance of this urban river and its wildlife and their habitat to the environmental health of our community. That takes time and a great deal of input from the public and experts. The San Lorenzo River levee is the site of major restoration on the part of many local groups. It would seem criminal to negatively impact all that good work without a full understanding of what the real costs would be.

Please pull this item from the consent agenda and allow the public to discuss at a later date.

Thank you,
Lynda Marin
--
Lynda Marín
Santa Cruz Chapter ‐ lead
(831) 840.4176
The linked image cannot be displayed. The file may have been moved, renamed, or deleted. Verify that the link points to the correct file and location.

Virus-free.www.avast.com

26.4 1
Rosemary Balsley
From: crystal hawley <[email protected]>
Sent: Sunday, December 11, 2022 4:16 PM
To: City Council
Subject: Our river
Hey please slow down and take time to balance ecological viability and flood control. We are blessed to live on a river. Let’s take careful, mindful and well thought out approaches to making it a healthy viable water way.

Thank you, Christine Hawley Sent from my iPhone

26.5 1
Rosemary Balsley
From: Roland Saher <[email protected]>
Sent: Sunday, December 11, 2022 5:43 PM
To: Nathan Nguyen; Matt Huffaker; City Council
I strongly urge the City to immediately put a temporary halt to the bidding process re: Consent Agenda Item #26 in order to consult with established environmental groups to explore POSSIBLE VARIANCES to current FEMA requirements, variances that would meet the dual needs of responsible flood control as well as protection of the wildlife habitat on the levee slopes.

The proposed vegetation management plan on the urban San Lorenzo River would reverse years of progress on habitat restoration by the City itself, local non-profits, and independent environmentalists.

Respectfully, Roland Saher

26.6 1
Rosemary Balsley
From: Russell Weisz <[email protected]>
Sent: Sunday, December 11, 2022 6:48 PM
To: City Council; Nathan Nguyen; Matt Huffaker
Subject: Consent Agenda Item 26: “San Lorenzo River Flood Control Project Federal Emergency Management Agency(FEMA) Accreditation Vegetation Management and Borrowing Rodent Mitigation Projects (c402112) - Authorization to Advertise and Award (PW)” Dear Council Members and Staff,
I am one of a number of volunteers who have worked to plant and care for native plants along the San Lorenzo River banks to improve the habitat for insects, fish, birds and mammals including humans. I've worked with both Jane Mio's team and the Coastal Watershed Council over the last several years.

I'm very concerned that this work will be undone and the SLR environmental habitat degraded to comply with FEMA's levee management requirements. The limbing of trees and shrubs, use of herbicides, removal of native plants, planting of non-native grass, mowing, etc may benefit structural inspection of the river banks but will seriously degrade the quality of the environmental habitat.

Please do NOT approve Item 26. Please challenge FEMA's levee management requirements. This is 2022/2023 not the 1950s and we care about environmental sustainability! We can and must do better for the river at the heart of our city!
Sincerely,
Russell Weisz
319 Laguna St, Santa Cruz, CA 95060

26.7 1
Rosemary Balsley
From: Debbie Bulger <[email protected]>
Sent: Sunday, December 11, 2022 8:58 PM
To: City Council; Matt Huffaker
Subject: Item #26 Consent Agenda, SLR
Dear Councilmembers,
Please remove consideration of San Lorenzo River (Item 26) from the consent agenda and discuss this item.

Intensive removal of vegetation from the river levees will greatly affect both our human community and the natural river community. Severe actions against California Ground Squirrels, native plants and other habitat features should not be decided without serious discussion and input from local environmental organizations such as the Bird Club, Santa Cruz Chapter of the California Native Plant Society (CNPS), Sierra Club, UCSC's Norris Center, and other local groups.

Much of Santa Cruz is built on a flood plain. As Climate Change progresses, our community will have to make difficult decisions about properties. How we handle sea level rise and flooding must consider many issues including buying out some property owners, relocating residences and redesigning building standards. These decisions should not be made without careful consideration and inclusion of community members.

Regards,
Debbie Bulger

26.8 1
Rosemary Balsley
From: Carol Long <[email protected]>
Sent: Monday, December 12, 2022 2:17 AM
To: Nathan Nguyen; Matt Huffaker; City Council
Cc: scpel; Santa Cruz Progressive Alliance; SCCAN
Subject: Consent Agenda Item #26: : Explore POSSIBLE FEMA VARIANCES and Protect Wildlife Habitat on San Lorenzo River
Consent Agenda Item #26 on this Tuesday’s City Council agenda, unless reviewed and changed by city council, may initiate " vegetation management on the urban San Lorenzo River which would reverse years of progress on habitat restoration by the City itself, local nonprofits, and independent environmentalists. "* I join with Barbara Riverwomanand many other other environmentalists in urging the City Council to "put a temporary halt to the bidding process in order to consult with established environmental groups to explore POSSIBLE VARIANCES to current FEMA requirements, variances that would meet the dual needs of responsible flood control as well as protection of the wildlife habitat on the levee slopes."* Barbara Riverwoman
Consider these points and provide an appropriate period for public input from the groups and people involved for many years in San Lorenzo habitat restoration, before scheduling bidding on the proposed changes:

1. No environmental or habitat restoration groups have yet been consulted on this process.*

2. We the public have not been provided with the FEMA document describing the requirements for vegetation management replacing those in force from 1956-2020; we must have this in order to comment, and the city Public Works Dept. needs to study the proposed changes' environmental impact.*

3. The city government, businesses, non-profit environmental groups and individuals have historically cooperated to protect this important urban riparian corridor; that work could be undone by applying habitat-razing severe standard FEMA vegetation management.*

26.9 2

4. Critical wildlife habitat is at stake and environmental stakeholders and river guardians have not yet been consulted; we should all come together, environmentalists, businesses, and elected and appointed city government entities, to insure protections for both the urban riparian corridor and appropriate flood insurance protections for the community.*

5. Staff report says that slope vegetation must be maintained to "full visibility of the levee slope during a high-water event," a requirement that has to be explained fully.*

6. No alternative to "filling in burrows" of rodents has been considered, and the alternatives to the San Lorenzo Park homeless encampment have not been explored. Alternative solutions need to be explored in order to protect the river environment and provide adequate governance for all our population.*

7. If the staff intend to consult with community groups on "future designs," now is the time to do it, not--as implied by the staff recommendation-- to adopt the standards now and call for bids in January. Even the Coastal Watershed Council, the city's partner in maintaining the river corridor, has not been consulted; nor the Sierra Club, the California Native Plant Society, the Santa Cruz Bird Club, and other city groups and individuals involved in San Lorenzo River habitat protection have not been consulted.*

8. As noted in this "Consent Agenda" item--supposed to be adopted without even a discussion by City Council--bidding on implementation is supposed to begin January 10, which allows no time or process for public input and participation.*

9. Protecting new development in a flood plain, the goal of these new standards, is not possible by these methods, as the cause of increased future flooding is global climate warming, not river vegetation. We need to have the bigger discussion of where to locate new development in this era.*
*All information credits to Barbara Riverwoman, co-publisher of the San Lorenzo River Blog. https://sanlorenzoriverblog.com/about-us-2/

26.10 3
We urge you to be the guardians of our only environment in existence as well as of the city's business interests. Kindly safeguard our history and investment in environmental protection and integrity. Do not approve this item. Thank you.

Note: I am circulating this letter to my three email group lists with the understanding that anything in it can be copied and forwarded to city government in support of our river environment and democratic participation in these important decisions about it.

Carol Long

26.11 1
Rosemary Balsley
From: Susan Cavalieri <[email protected]>
Sent: Monday, December 12, 2022 8:30 AM
To: City Council
Cc: Nathan Nguyen; Matt Huffaker
Subject: Agenda item 26
Dear City Councilmembers,
I am concerned that trees and plants along the San Lorenzo River riparian corridor are at risk because of City Council Agenda item 26. This item seeks immediate bids to control vegetation along the river in response to FEMA guidelines. I request that the decision to move forward with bids on 12/13/22 be denied and that the FEMA guidelines be made publically available in order for environmental groups and residents to consider variances for flood control and protection of habitat on the levee slopes.

The City faces a difficult future and making decisions without adequate study may lead to unintended consequences.

Please remove Agenda item 26 from the consent agenda and do not proceed with bids to remove vegetation along the river until all information has been assessed.

In the end, the only hope for our City is protecting biodiversity and rapidly reducing GHG emissions.

Thank you,
Susan Cavalieri
City of Santa Cruz

26.12 1
Rosemary Balsley
From: Candice Stenstrom <[email protected]>
Sent: Monday, December 12, 2022 10:08 AM
To: City Council
Subject: River Levee vegetation, item #26
Dear Santa Cruz City Councilmembers,
Our San Lorenzo River matters.

There is in front of you to benefit both flood protection and habitat with these proposed changes regarding item #26 on your agenda for Tuesday, December 13. I am writing today to request your support in:

1. Move this item #26 from the consent agenda to allow for public comment and discussion prior to a vote.

2. Amend Appendix A of the San Lorenzo Flood Control Project Federal Emergency Management Agency Accreditation Vegetation Management Project to ensure stronger protections for existing habitat and vegetation.

3. Direct Public Works staff to prioritize ecological competencies in the scope of work for contractor bids.

Thank you for your consideration and support.

Candice Stenstrom

26.13 1
Rosemary Balsley
From: Drew Meyer <[email protected]>
Sent: Monday, December 12, 2022 10:09 AM
To: City Council
Subject: San Lorenzo River levee maintenance amendments Dear Santa Cruz City Councilmembers,
Our San Lorenzo River matters. It is a central feature for green, human-scale space useful for both habitat, rest and relaxation, community activations, and alternative transportation. The current design works beautifully as a balanced approach between cement flood control channels (like the LA river) and a natural floodplain (as originally built by nature). The river balances the urban downtown with a natural environment, and the balanced green space approach has attracted new investment in riverfront residential development projects There is a chance to benefit both flood protection and habitat with these proposed changes regarding item #26 on your agenda for Tuesday, December 13. I am writing today to request your support in:

1. Move this item #26 from the consent agenda to allow for public comment and discussion prior to a vote.

3. Direct Public Works staff to prioritize ecological competencies in the scope of work for contractor bids.

Thank you for your consideration and support.

Drew Meyer

26.14 1
Rosemary Balsley
From: Maria Hastings <[email protected]>
Sent: Monday, December 12, 2022 10:13 AM
To: City Council
Subject: River vegetation
Dear Santa Cruz City Council,
I am writing to urge you to protect the vegetation along the San Lorenzo River that benefits pollinators, birds, fish and provides extra protection from flooding. In support of the Coastal Watershed Council, I request:

1. Move item #26 from the consent agenda to allow for public comment and discussion prior to a vote.

3. Direct Public Works staff to prioritize ecological competencies in the scope of work for contractor bids.

Sincerely,
Maria Hastings

26.15 1
Rosemary Balsley
From: [email protected]
Sent: Monday, December 12, 2022 10:15 AM
To: City Council
Subject: Item #26 December 13
Dear Santa Cruz City Councilmembers,
Our San Lorenzo River matters. I've spent time volunteering with the coastal watershed council helping to plant native vegetation and remove invasive plants along our riverways. I do this because it's so important to take care of our community, which includes the natural species we coexist with.

There is a in front of you to benefit both flood protection and habitat with these proposed changes regarding item #26 on your agenda for Tuesday, December 13. I am writing today to request your support in:

1.Move this item #26 from the consent agenda to allow for public comment and discussion prior to a vote.

2.Amend Appendix A of the San Lorenzo Flood Control Project Federal Emergency Management Agency Accreditation Vegetation Management Project to ensure stronger protections for existing habitat and vegetation.

3.Direct Public Works staff to prioritize ecological competencies in the scope of work for contractor bids.

Thank you for your consideration and support.

Your Boulder Creek neighbor,
Maria Piva
Sent from Yahoo Mail on Android

26.16 1
Rosemary Balsley
From: Nanlouise Wolfe <[email protected]>
Sent: Monday, December 12, 2022 10:17 AM
To: City Council
Subject: San Lorenzo River - item #26
We must maintain all allowable vegetation along the San Lorenzo River, clearing only what is necessary to comply with this mandate and ensure the safety of our community. To benefit both flood protection and habitat please consider these proposed changes regarding item #26 on your agenda for Tuesday, December 13. I am writing today to request your support in:

1. Move this item #26 from the consent agenda to allow for public comment and discussion prior to a vote.

3. Direct Public Works staff to prioritize ecological competencies in the scope of work for contractor bids.

Thank you for your consideration and support.
~Nanlouise Wolfe, frequent riverside walker
820 Western Dr, Santa Cruz

26.17 1
Rosemary Balsley
From: Sara Hendrix <[email protected]>
Sent: Monday, December 12, 2022 10:18 AM
To: City Council
Subject: San Lorenzo River vegetation + flood control
Dear Santa Cruz City Councilmembers,
I am writing as a long-time city resident, raised in Santa Cruz and returned as an adult to raise my own children here, in the lower Westside. I am also a former environmental engineer and M.S. of hydrology.

The San Lorenzo River is the cornerstone of downtown Santa Cruz, and at the center of many incoming development projects. A beautiful, safe, vegetated, habitat-providing Riverwalk area will truly be the best gift to future generations of Santa Cruzans (both human and non-human) we can possibly give. The decisions made NOW will be of huge impact to whether the river is an aesthetic, ecologically vibrant, naturally meandering and green jewel, or a barren, channelized, 1950s Army Corps style "river"/storm drain system.

I realize that flood protection is a necessity. However, I implore you to look beyond the cheapest way to satisfy the bare legalities, and consider flood protection holistically. There is more to flood protection than visibility for leakage inspection. Trees and shrubs and plants can help protect levee walls by preventing erosion, slow down the river flow, and be an important part of a long-term sustainable flood protection plan.

1. Move this item #26 from the consent agenda to allow for public comment and discussion prior to a vote.

3. Direct Public Works staff to prioritize ecological competencies in the scope of work for contractor bids.

Thank you for your consideration and support.

Sara Hendrix
346 Alta Ave, Santa Cruz

26.18 1
Rosemary Balsley
From: Richard Popchak <[email protected]>
Sent: Monday, December 12, 2022 10:29 AM
To: City Council
Subject: Manage the Ecological Benefits of the San Lorenzo River Levee Dear Santa Cruz City Councilmembers,
I am a 37 year resident of the city of Santa Cruz. While we've turned our back on the San Lorenzo, it is a magnificent river for wildlife to thrive and ecosystem services that benefits humans.

The Army Corp of Engineers unwittingly ruined rivers in many town and cities in the name of flood protection. We are fortunate to have a levee system that can balance the protection of lives and property with the environmental needs of other living things.

There is an opportunity in front of you to benefit both flood protection and habitat with these proposed changes regarding item #26 on your agenda for Tuesday, December 13. I am writing today to request your support:
1) Move this item #26 from the consent agenda to allow for public comment and discussion prior to a vote.
2) Amend Appendix A of the San Lorenzo Flood Control Project Federal Emergency Management Agency Accreditation Vegetation Management Project to ensure stronger protections for existing habitat and vegetation.
3) Direct Public Works staff to prioritize ecological competencies in the scope of work for contractor bids.

Thank you for your consideration and support.

Regards,
Rich
Richard Popchak
346 Getchell ST.

Santa Cruz CA 95060
Richard Popchak (he/him/his)
Communications and Development Director
Ventana Wilderness Alliance
OFFICE is 831-423-3191
[email protected]
ventanawild.org

26.19 1
Rosemary Balsley
From: Roxanne Cnudde <[email protected]>
Sent: Monday, December 12, 2022 10:33 AM
To: City Council
Subject: Levee Management Change
Dear Santa Cruz City Councilmembers,
Our San Lorenzo River matters.

1. Move this item #26 from the consent agenda to allow for public comment and discussion prior to a vote.

3. Direct Public Works staff to prioritize ecological competencies in the scope of work for contractor bids.

Thank you for your consideration and support.

Roxanne Cnudde
Sent from my mobile device

26.20 1
Rosemary Balsley
From: Carey <[email protected]>
Sent: Monday, December 12, 2022 10:33 AM
To: City Council
Dear Santa Cruz City Councilmembers,
I join with the Coastal Watershed Council in asking that additional attention be given to the agenda item referenced below. Our San Lorenzo River matters. It is the heart of the city; a precious natural, recreational, and cultural resource.

There is an opportunity to benefit both flood protection and habitat with these proposed changes regarding item #26 on your agenda for Tuesday, December 13. I am writing today to request your support in:

1. Move this item #26 from the consent agenda to allow for public comment and discussion prior to a vote.

In particular:
o consider alternatives to use of herbicides, and...
o whether "upper 20 feet of the water side slope" could/should be reduced; o give appropriate weight to the role vegetation plays in stabilizing levee slopes; o consider natural alternatives for burrowing rodent management.

3. Direct Public Works staff to prioritize ecological competencies in the scope of work for contractor bids.

Thank you for your consideration and support.

Wm. C. Casey

26.21 1
Rosemary Balsley
From: Marion Vittitow <[email protected]>
Sent: Monday, December 12, 2022 10:53 AM
To: [email protected]; City Council
Subject: Consent Agenda Item #26 on 12/13 City Council Agenda Consent Agenda Item #26 on this Tuesday’s City Council agenda, unless reviewed and changed by city council, may initiate " vegetation management on the urban San Lorenzo River which would reverse years of progress on habitat restoration by the City itself, local non-profits, and independent environmentalists. "
I join with Barbara Riverwoman and many other other environmentalists in urging the City Council to "put a temporary halt to the bidding process in order to consult with established environmental groups to explore POSSIBLE VARIANCES to current FEMA requirements, variances that would meet the dual needs of responsible flood control as well as protection of the wildlife habitat on the levee slopes."* Barbara Riverwoman
Consider these points and provide an appropriate period for public input from the groups and people involved for many years in San Lorenzo habitat restoration, before scheduling bidding on the proposed changes:

1. No environmental or habitat restoration groups have yet been consulted on this process.*

2. We the public have not been provided with the FEMA document describing the requirements for vegetation management replacing those in force from 1956- 2020; we must have this in order to comment, and the city Public Works Dept. needs to study the proposed changes' environmental impact.*

4. Critical wildlife habitat is at stake and environmental stakeholders and river guardians have not yet been consulted; we should all come together,

26.22 2
environmentalists, businesses, and elected and appointed city government entities, to insure protections for both the urban riparian corridor and appropriate flood insurance protections for the community.*

5. Staff report says that slope vegetation must be maintained to "full visibility of the levee slope during a high-water event," a requirement that has to be explained fully.*

9. Protecting new development in a flood plain, the goal of these new standards, is not possible by these methods, as the cause of increased future flooding is global climate warming, not river vegetation. We need to have the bigger discussion of where to locate new development in this era.* We urge you to be the guardians of our only environment in existence as well as of the city's business interests. Kindly safeguard our history and investment in environmental protection and integrity. Do not approve this item. Thank you.

26.23 1
Rosemary Balsley
From: Amity Sandage <[email protected]>
Sent: Monday, December 12, 2022 10:54 AM
To: City Council
Subject: Request regarding 12/13/22 City Council meeting Dear Councilmembers,
I have recently learned of the San Lorenzo River Flood Control management item #26 on the agenda for your December 12, 2022 meeting. I am writing to ask for three actions:

1. Please move item #26 from the consent agenda to allow for discussion and public comment prior to a vote. Ecosystem goods and services are as essential as flood control and should be weighed carefully.

2. Please amend Appendix A of the INVITATION FOR BIDS, SPECIFICATIONS, AND CONTRACT

DOCUMENTS FOR SAN LORENZO RIVER LEVEE FEDERAL EMERGENCY MANAGEMENT AGENCY ACCREDITATION VEGETATION MANAGEMENT PROJECT CITY PROJECT NO. c402112 to prioritize protections for existing habitat and vegetation to the greatest degree possible.

3. Please direct Public Works staff and bid reviewers to prioritize ecological competencies in both the scope of work and in the experience of contractors submitting bids.

Thank you for your attention to these requests.

Amity Sandage
109 Fairbanks Street
Santa Cruz, CA 95060

26.24 1
Rosemary Balsley
From: JGrady <[email protected]>
Sent: Monday, December 12, 2022 10:58 AM
To: City Council
Subject: Keep levee green
Kind members of the city council,
Please:

1. Move item #26from the consent agenda to allow for public comment and discussion prior to a vote.

3. Direct Public Works staff to prioritize ecological competencies in the scope of work for contractor bids.

Thank you,
Jennifer Grady
414 Avalon Street
Santa Cruz

26.25 1
Rosemary Balsley
From: Lynette Adelson <[email protected]>
Sent: Monday, December 12, 2022 10:58 AM
To: City Council
Subject: San Lorenzo River protection
We must maintain all allowable vegetation along the San Lorenzo River, clearing only what is necessary to comply with this mandate and ensure the safety of our community.

As a voting resident of Santa Cruz I am asking that the Council -

1. Move this item #26 from the consent agenda to allow for public comment and discussion prior to a vote.

3. Direct Public Works staff to prioritize ecological competencies in the scope of work for contractor bids.

Thank you.

Lynette DuClos Adelson

26.26 1
Rosemary Balsley
From: Jeff Schmelter <[email protected]>
Sent: Monday, December 12, 2022 11:03 AM
To: City Council
Subject: Preserve San Lorenzo River Vegetation
Dear Santa Cruz City Councilmembers,
The San Lorenzo River matters. It's some of the most beautiful and accessible nature, recreation, and habitat in our city.

There is an opportunity in front of you to benefit both flood protection and habitat with these proposed
changes regarding item #26 on your consent agenda for
Tuesday, December 13. I am writing today to request your support in:

1. Move this item #26 from the consent agenda to allow for public comment and discussion prior to a vote.

2. Amend Appendix A of the San Lorenzo Flood Control Project Federal Emergency Management Agency Accreditation
Vegetation Management Project to ensure stronger
protections for existing habitat and vegetation.

3. Direct Public Works staff to prioritize ecological competencies in the scope of work for contractor bids.

Thank you for your consideration and support.

Jeff Schmelter

26.27 1
Rosemary Balsley
From: Linda Rosewood <[email protected]>
Sent: Monday, December 12, 2022 11:06 AM
To: City Council
Subject: please move item 26 to consent agenda
Please consider waiting for more public comment and discussion before voting to remove vegetation from the riverbank. I have lived near the levee for 30 years and have watched how the willows and other river plants have provided habitat and beauty. We do not need a barren ditch. We can maintain the levee and keep it green at the same time.

Linda Rosewood
[email protected]

26.28 1
Rosemary Balsley
From: Sandi Dutra <[email protected]>
Sent: Monday, December 12, 2022 11:09 AM
To: City Council
Subject: San Lorenzo Flood Control Project
Dear Santa Cruz City Councilmembers,
I urge you to approve Item #26 the San Lorenzo Flood Control Project Federal Emergency Management Agency Accreditation Vegetation Management Project, but with amendment.

It’s important that we pass this item so that our neighbors can continue to receive the discounted flood insurance that FEMA accreditation provides. Yet, there is an opportunity in front of you to benefit both flood protection and habitat with these proposed changes regarding item #26 on your consent agenda for Tuesday, December 13. I am writing today to request your support in:

1. Move this item #26 from the consent agenda to allow for public comment and discussion prior to a vote.

3. Direct Public Works staff to prioritize ecological competencies in the scope of work for contractor bids.

Thank you for your consideration and support.

Sincerely,
Sandi Dutra
2395 Delaware Ave
Santa Cruz

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Rosemary Balsley
From: Jonathan Wittwer <[email protected]>
Sent: Monday, December 12, 2022 11:11 AM
To: City Council
Cc: [email protected]
Subject: Agenda Item 26
Dear Santa Cruz City Council:

Please

1. Remove item #26 from the consent agenda to allow for public comment and discussion prior to a vote.

3. Direct Public Works staff to prioritize ecological competencies in the scope of work for contractor bids.

Thank you.

Jonathan Wittwer
1927 Smith Grade
Santa Cruz, CA 95060
T: 831.423.8265
Email: [email protected]

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Rosemary Balsley
From: Julie DuClos <[email protected]>
Sent: Monday, December 12, 2022 11:16 AM
To: City Council
Subject: San Lorenzo costal commission
I urge you to accept #26. People must have a say. There must be a way to protect the waterway and still maintain a healthy vital habitat.

Thank you,
Julie duclos
657-345-8892

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Rosemary Balsley
From: Nancy Leatham <[email protected]>
Sent: Monday, December 12, 2022 11:16 AM
To: City Council
Subject: San Lorenzo Flood Control Project, Item #26
Dear Santa Cruz City Councilmembers,
The San Lorenzo River matters. It is a life force in our area.

I urge you to approve Item #26 the San Lorenzo Flood Control Project Federal Emergency Management Agency Accreditation Vegetation Management Project, but with amendment.

1. Move this item #26 from the consent agenda to allow for public comment and discussion prior to a vote.

3. Direct Public Works staff to prioritize ecological competencies in the scope of work for contractor bids.

Thank you for your consideration and support.

Nancy Leatham
2395 Delaware, Spc 149

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Rosemary Balsley
From: Sarah Reed <[email protected]>
Sent: Monday, December 12, 2022 11:18 AM
To: City Council
Subject: River Levee project
Hello SC City Council,
I am a member of the Coastal Watershed Council and I am writing to ask that you do the following:

1. Move item #26 from the consent agenda to allow for public comment and discussion prior to a vote.

3. Direct Public Works staff to prioritize ecological competencies in the scope of work for contractor bids.

The river and levee are an under utilized asset to Santa Cruz. There should be more vegetation, not less, to make the levee an inviting place for people and animals.

Sincerely,
Sarah Reed, Santa Cruz Resident

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Rosemary Balsley
From: [email protected]
Sent: Monday, December 12, 2022 11:21 AM
To: City Council
Subject: River levee
Dear Santa Cruz City Councilmembers,
The San Lorenzo River matters. [TELL YOUR LEADERS WHY THE RIVER MATTERS TO YOU!] I urge you to approve Item #26 the San Lorenzo Flood Control Project Federal Emergency Management Agency Accreditation Vegetation Management Project, but with amendment.

1. Move this item #26 from the consent agenda to allow for public comment and discussion prior to a vote.

3. Direct Public Works staff to prioritize ecological competencies in the scope of work for contractor bids.

Thank you for your consideration and support.

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Rosemary Balsley
From: virginialumbard <[email protected]>
Sent: Monday, December 12, 2022 11:21 AM
To: City Council
Subject: Significant River Levee Management Change Mandated by FEMA - Coastal Watershed Council
"m #26 from the consent agenda to allow for public comment and discussion prior to a vote.

Amend Appendix A of the San Lorenzo Flood Control Project Federal Emergency Management Agency Accreditation Vegetation Management Project to ensure stronger protections for existing habitat and vegetation.

Direct Public Works staff to prioritize ecological competencies in the scope of work for contractor bids.

Thank you for your consideration.

Virginia Lumbard
Sent from my Verizon, Samsung Galaxy smartphone

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Rosemary Balsley
From: Suzanne Kent <[email protected]>
Sent: Monday, December 12, 2022 11:24 AM
To: City Council
Subject: FEMA-mandated San Lorenzo River Levee Management Changes Dear Santa Cruz City Council members,
Our San Lorenzo River ‐ with its riparian corridor and watershed ‐ has great importance to our community, and to me personally. I enjoy walking the levee path for exercise and enjoyment of our local native biodiversity of plants, pollinators, birds, and small animals. It presents a valuable source of learning and appreciation of nature for families and school/youth groups, and a model of our City’s values.

There is now an immediate opportunity for the Council to benefit BOTH flood protection and habitat with these proposed changes regarding Item #26 on your agenda for Tuesday, December 13th. I am writing today to request your support in:

1. Move this Item #26 from the consent agenda to allow for public comment and discussion prior to a vote.

3. Direct Public Works staff to prioritize ecological competencies in the scope of work for contractor bids.

Thank you for considering utilizing these opportunities to define a path forward to benefit both flood protection AND native habitat.

Sincerely,
Suzanne Kent
250 Calvin Pl.

Santa Cruz, CA 95060

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Rosemary Balsley
From: Matthew Oliver Sloan <[email protected]>
Sent: Monday, December 12, 2022 11:27 AM
To: City Council
Subject: Water Levee Vegetation
Dear Councilors,
Please do everything in your power and for an ecologically and aesthetically beautiful natural footprint at our levees.

We must maintain all allowable vegetation along the San Lorenzo River, clearing only what is necessary to comply with this mandate and ensure the safety of our community.

We are asking Santa Cruz City Council to:

1. Move item #26 from the consent agenda to allow for public comment and discussion prior to a vote.

3. Direct Public Works staff to prioritize ecological competencies in the scope of work for contractor bids.

Yours Sincerely,
Matthew Sloan

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Rosemary Balsley
From: nancy jo lowe <[email protected]>
Sent: Monday, December 12, 2022 11:38 AM
To: City Council
Subject: San Lorenzo vegetation
Dear Santa Cruz City Councilmembers,
The San Lorenzo River matters. We must prioritize habitat for all of natures life forms. it serves us to have healthy ecosystems. If we haven't learned by now that all life is connected, we are lost.

I urge you to approve Item #26 the San Lorenzo Flood Control Project Federal Emergency Management Agency Accreditation Vegetation Management Project, but with amendment.

1. Move this item #26 from the consent agenda to allow for public comment and discussion prior to a vote.

3. Direct Public Works staff to prioritize ecological competencies in the scope of work for contractor bids.

Thank you for your consideration and support.

Dr. Nancy Lowe

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Rosemary Balsley
From: Sharon Hull <[email protected]>
Sent: Monday, December 12, 2022 11:44 AM
To: City Council
Subject: Item #26 - protect the habitat on our river please! Dear Santa Cruz City Councilmembers,
The San Lorenzo River matters.

I urge you to approve Item #26 the San Lorenzo Flood Control Project Federal Emergency Management Agency Accreditation Vegetation Management Project, but with amendment.

1. Move this item #26 from the consent agenda to allow for public comment and discussion prior to a vote.

3. Direct Public Works staff to prioritize ecological competencies in the scope of work for contractor bids.

Thank you for your consideration and support.

Sharon Hull
Santa Cruz

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Rosemary Balsley
From: Lois Van Buren <[email protected]>
Sent: Monday, December 12, 2022 11:45 AM
To: City Council
Subject: RE: Considering Changes to Levee Maintenance
Dear Santa Cruz City Councilmembers;
Part of the response I submitted when I became 2018 Volunteer of the Year for the CWC included these words:
"Working for the CWC turned my nostalgia [regarding the San Lorenzo] into a hands-on, present-day reality that has made me a part of their commitment to the work of preserving an environmentally healthy and welcoming San Lorenzo River."
The CWC Executive Director Ms. Eagan's scripted letter, which you see quoted below, speaks for me on the matter at hand concerning the future of the levee and what could be a win-win for the community and the environment so important to it.
"The San Lorenzo River matters.

I urge you to approve Item #26 the San Lorenzo Flood Control Project Federal Emergency Management Agency Accreditation Vegetation Management Project, but with amendment.

1. Move this item #26 from the consent agenda to allow for public comment and discussion prior to a vote.

3. Direct Public Works staff to prioritize ecological competencies in the scope of work for contractor bids." Sincerely,
Lois Van Buren

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Rosemary Balsley
From: Lisa Piediscalzi <[email protected]>
Sent: Monday, December 12, 2022 11:46 AM
To: City Council
Subject: Levee
Dear Santa Cruz City Council Members,
I urge you to approve Item #26 the San Lorenzo Flood Control Project Federal Emergency Management Agency Accreditation Vegetation Management Project, but with amendment.

1. Move this item #26 from the consent agenda to allow for public comment and discussion prior to a vote.

3. Direct Public Works staff to prioritize ecological competencies in the scope of work for contractor bids.

Thank you for your consideration and support.

Lisa Piediscalzi and Kirk Allen
334 Pacheco Ave
Santa Cruz 95062
831-334-7250
Get Outlook for iOS

26.41 1
Rosemary Balsley
From: Nancy Lenz <[email protected]>
Sent: Monday, December 12, 2022 12:03 PM
To: City Council
Subject: Item #26 San Lorenzo Flood Control
To Members of the City Council:

As a City of Santa Cruz citizen who for many years as followed the progress of the Coastal Watershed Commission in their efforts to revitalize the habitat of our major riparian area, I ask that you follow their recommendations on Item #26 from your upcoming consent agenda.

Nancy S. Lenz, 230-B Pilkington Ave., Santa Cruz, CA 95062 [email protected]. 831-426-5252
When the levees along the lower San Lorenzo River were built, it was the Santa Cruz community who advocated for a channel that not only protects our communities from flooding, but also one with willows hanging over the water’s edge, flowers for pollinators and bushes with food for birds.

Tomorrow, Santa Cruz City Council will consider a major change to levee maintenance – a change that threatens habitat and the aesthetic beauty of our parks.

Specifically, councilmembers will decide whether to approve a new contract to significantly reduce vegetation along the San Lorenzo River levee between the paved Riverwalk path and the street. The change is so that when waters rise, City staff can observe if there is any leakage.

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There have always been requirements to maintain the levees following specific protocols, since their construction by the Army Corps of Engineers in the 1950s. What’s changed, is that management of the levees has shifted from the Army Corps to the City of Santa Cruz. With that shift, the Federal Emergency Management Agency (FEMA), rather than the Army Corps itself will now monitor and accredit the flood control structure. Both federal agencies use the same criteria for the accreditation process. This criteria outlines, that landscape planting and vegetation management can provide aesthetic and environmental benefits, but must not compromise the reliability of flood control facilities.

The details are what matter. The City of Santa Cruz has a mandate to comply with FEMA’s requirements for a well-functioning levee system. Yet there are different ways to meet those requirements as established working with the Army Corps of Engineers. The details of this change still had not been communicated until this item was agendized for council review this month, only requiring three days for documents to be posted prior to meeting. While the Coastal Watershed Council and our partners have worked to increase biodiversity and habitat along the river with the approval of the City of Santa Cruz since 2017, we had not received any proactive communication around these changes, which is why this notice is coming to you only now.

We must maintain all allowable vegetation along the San Lorenzo River, clearing only what is necessary to comply with this mandate and ensure the safety of our community.

With your help, we are asking Santa Cruz City Council to:

1. Move this item #26 from the consent agenda to allow for public comment and discussion prior to a vote.

3. Direct Public Works staff to prioritize ecological competencies in the scope of work for contractor bids.

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Rosemary Balsley
From: Michelle Y. Merrill <[email protected]>
Sent: Monday, December 12, 2022 12:19 PM
To: City Council
Cc: Nathan Nguyen; Matt Huffaker
Subject: Consent Agenda Item #26 re San Lorenzo River
Dear Councilmembers,
I urge you to take Item #26 off the consent agenda, to allow more public input and consideration on this matter. The complexity of managing an urban flood plain requires taking into account both the high cost of flood insurance to the landowners along the river, as well as responsible stewardship of critical wildlife habitat. This complex problem requires input from business and environmental advocates, working together to seek variances that are mutually agreeable to both parties. My colleagues in local environmental organizations have assured me that this has not happened. On the contrary, we are aware of no environmental experts or advocacy groups that have been consulted in this process.

We note that the staff report on agenda item #26 states that FEMA criteria are “more restrictive” than the former landscaping criteria employed by the Army Corps of Engineers used between 1956 and 2020. Has the Public Works Department and staff fully studied these new restrictions in the light of their environmental impact? Where can the public find the FEMA document that describes in detail the scope and specifications of vegetation management that they are requiring for certification? Without this document, we are unable to seek variances.

Santa Cruz has a proud history of individuals and groups advocating to protect and restore native vegetation along the urban river banks. Many community leaders, both inside and outside of City government have, over the years, successfully challenged the Army Corps of Engineers in their unnecessarily extreme approach to flood control. Happily, in recent years, the City, local nonprofits and businesses, alongside independent lovers of our River, have invested thousands of dollars and hours into protecting and enhancing native vegetation on this environmentally significant riparian corridor - all within the constraints of flood control. All or much of this work to protect our natural resources could be undone by new FEMA standards.

In order to comply with new and stricter FEMA flood control requirements, the City is asking the Council to approve everything from the “scope and specifications” of the new FEMA requirements to the bidding process for a vegetation management company. The City’s staff report vaguely states that "FEMA certification requires that vegetation along levee slopes must be maintained to allow full visibility of the levee slope during a high-water event. This is required to ensure the local agency (City) can directly observe any seepage and/or erosion activity during high water with no obstruction.” The meaning and reasoning behind this obscure statement is concerning. The staff needs to further explain to the public what it means by this.

The staff report further states that “burrowing rodents threaten the stability of the levee in a high water event and burrows must be filled in for FEMA certification” The report does not specify the substance to be used to fill the burrows or the effect this unnamed substance might have on the overall vegetation of the levee slopes. Over the years, many people have suggested alternative methods of controlling the rodent population with more environmentally friendly strategies, including

26.44 2
owl boxes. Has Public Works explored with community experts any more environmentally friendly alternatives to controlling the ground squirrel population? As long time river protector, Bruce Van Allen states that mutually agreeable solutions can and have been found. He writes, "We fought for decades to get the Army Corps of Engineers (ACE) to accept habitat values as part of the River’s management, including accepting more vegetation than their canal-like models say is OK. Many of the ACE’s past concerns, i.e. trees, squirrels, etc., were shown to not be the hazards the Corps initially claimed.”
From the perspective of concerned environmentalists, the focus of staff work on this issue should be to consult with environmental experts and advocacy groups as to the best strategies for reducing, to the fullest extent possible, the impact on wildlife habitat. It appears that the City, in this case, has not even consulted with the Coastal Watershed Commission, which in the past was its fallback “environmental” partner in development projects.It is almost certain that Public Works has not met with environmental groups such as the California Native Plant Society, Sierra Club, and other respected environmental groups. This is the kind of communication failure that creates major errors of judgment as well as community distrust. The Public Works Department needs to consult with environmentally informed community members early in the process before any project reaches a point of no return or flares up into antagonistic factions. Authentic community engagement is key! We note with alarm that the bidding process is to open on January 10, 2023. How does that provide adequate time for community input into a decision that will affect a critical natural resource? I join in the chorus of local environmental advocates in urging the City Council to fulfill its important role as a watchdog, not only over the legitimate business and financial interests of our community, but as the steward of our shared natural resources. Please take Item #26 off of the Consent Agenda, and give this the time for public deliberation that it so clearly deserves.

Sincerely,
Michelle Y. MERRILL, Ph.D.

P
erplexed
P
rimate.org
, founder Novasutras.org
“The major problems in the world are the result of the difference between how nature works and the way people think.” ~Gregory Bateson

26.45 1
Rosemary Balsley
From: Gillian Greensite <[email protected]>
Sent: Monday, December 12, 2022 12:22 PM
To: Sandy Brown; Sonja Brunner; Martine Watkins; Justin Cummings; Donna Meyers; Shebreh Kalantari-Johnson; Renee Golder; City Council; Nathan Nguyen Subject: Item 26 on Consent Agenda
Dear Mayor Brunner and City Council members,
You are probably receiving many emails of concern, mine included, regarding Item 26 on tomorrow afternoon's consent agenda. The reason for the concern is that this plan has caught people by surprise and the details are alarming.

Many individuals and groups have volunteered thousands of hours planting and nurturing native plants on both sides of the San Lorenzo River levees and both sides of the river. To suddenly hear just a few days before you vote on the issue, that the results of their hard work will be ripped out under a new vegetation management plan is to say the least, alarming.

The scant details available say that all vegetation 10 feet from the top of the inside of the levees will be removed, although some trees can be limbed up 5 feet, and all vegetation on the outside of the levees from path to toe will be removed. In addition, sprays will be used and gopher holes filled. Apparently the purpose is to be able to see if the levees have sprung leaks. How this goal handles the filling- in with thousands of cubic tons of soil on the outside of the levees to create more surface space with the new multipurpose high rise buildings is not mentioned. Nor is addressed the likelihood of increased erosion from newly denuded inside levee soils, flushing downstream and potentially impacting the new pipes at the river mouth.

The maps available seem to show a far more extensive area for vegetation removal than the suggested 10 feet on the inside of the levees. Some of the areas under this management plan are well-vegetated and its removal will affect habitat, erosion and privacy.

In sum, this is a very significant and environmentally impactful plan. To not include the various groups and individuals who have worked for years to make the levees a viable habitat and an attractive planted area is a regrettable oversight. Such well-informed groups and individuals not only deserve to be part of the process but may well spot some options not yet considered.

This is to request that you continue this item until all the constituents who have given so much time to planting and caring for the levees have had a chance to examine the entirety of the plan, have had a chance to give input and have their concerns addressed. It may well be that they eventually do get behind the plan but so far they have been blind-sided.

Respectfully submitted,
Gillian

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Rosemary Balsley
From: Wendy King <[email protected]>
Sent: Monday, December 12, 2022 12:39 PM
To: City Council
Subject: Consent agenda #26
Dear City Council members,
I am writing you today to urge you to not approve Consent Agenda #26 regarding vegetation management practices along our San Lorenzo River. Surely, given full information regarding FEMA requirements for river bank vegetation management, we can find ways to mitigate floods AND maintain the flora and fauna biodiversity that has been nurtured over decades of work by local environmental groups in concert with local government. Let’s find a way that doesn’t undo decades of cooperative efforts to manage our unique riverine environment that graces our city.

Please consider the following and postpone the January 10 construction contract bidding to give our community a chance to work together to nurture a riverine environment that fulfills both our community and FEMA requirements:

1. No environmental or habitat restoration groups have yet been consulted on this process.*

5. Staff report says that slope vegetation must be maintained to "full visibility of the levee slope during a high-water event," a requirement that has to be explained fully.*

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Thank you,
Wendy King
Santa Cruz voter

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Rosemary Balsley
From: Nancy Ogle <[email protected]>
Sent: Monday, December 12, 2022 12:52 PM
To: City Council
Subject: San Lorenzo Flood Control Project agenda item
Dear Council Members,
Regarding proposed changes to the beautifully evolving natural habitat along the San Lorenzo river, please protect as much vegetation as possible. As a member of the California Native Plant Society, and supporter of the Xerces Society and Coastal Watershed Council, I request the following:

1. Move item #26 from the consent agenda to allow for public comment and discussion prior to a vote.

3. Direct Public Works staff to prioritize ecological competencies in the scope of work for contractor bids.

Thank you, Nancy Ogle
416 California Ave, Santa Cruz

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Rosemary Balsley
From: Barbara Riverwoman <[email protected]>
Sent: Monday, December 12, 2022 1:00 PM
To: City Council
Cc: Nathan Nguyen; Matt Huffaker
Subject: 12.12.22 Agenda Item #26
Attachments: Kittleson Baseline Study 2015.pdf
December 13, 2022
Dear Council Members:

I was alarmed to learn that Item #26 regarding FEMA certification could begin a process of vegetation management on the urban San Lorenzo River which would reverse years of community progress on habitat restoration carried out by the City itself, local non-profits like the Coastal Watershed Commission, local agencies like the Chamber of Commerce and local environmental groups and individuals.

There is indisputable evidence that the inner and outer slopes of the urban stretch of the River constitute a major wildlife habitat. I am attaching a baseline study of the bird population on the urban stretch of the River during September, October and November of 2015, commissioned by the City Council and written by local birding expert Gary Kittleson. The study identifies 103 separate species present at that narrow point in time. Over many years of devoted birding, local bird expert Stephen Gerow identified 122 birds species that regularly inhabit the urban stretch of the the San Lorenzo River. Significantly, this 2-mile stretch of the River is identified as the #14 top birding hotspot of 100 hotspots throughout the entire bird-rich County of Santa Cruz.

Some examples of matters that concern me in reading the Report before you, including Appendix A, are :
 Appendix A mentions use of pesticides and herbicides and the replacement of native vegetation with grass.
 The Report states that "FEMA certification requires that vegetation along levee slopes must be maintained to allow full visibility of the levee slope during a high-water event. This is required to ensure the local agency (City) can directly observe any seepage and/or erosion activity during high water with no obstruction.” The meaning and reasoning behind this summary statement is murky. It is hard to imagine being able to observe anything but rushing water during a highwater event. We hope the City staff will offer further explanation on this point.  The Report states that "burrowing rodents threaten the stability of the levee in a high water event and burrows must be filled in for FEMA certification” but does not specify the substance to be used to fill the burrows or the effect this unnamed substance might have on the overall vegetation of the levee slopes. Over the years, many people have suggested alternative methods of controlling the rodent population with environmentally friendly strategies, including owl boxes. Recently, housing campers on the Benchlands without enforcing adequate trash removal standards has contributed significantly to the dramatic increase in the rodent

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population. I would like the City staff to explain the specifics of the proposed rodent management plan to the Council and public, and inform us as to whether alternatives to chemical pesticides have been adequately explored.

Santa Cruz,in contrast to many cities, has a proud history of protecting the habitat value of our downtown river banks - even within the limits of flood control. Bruce Van Allen, a long time river advocate, states that mutually agreeable solutions can and have been found in the past. He writes, “We worked for decades to get the Army Corps of Engineers (ACE) to accept habitat values as part of the River’s management, including accepting more vegetation than their canal-like models say is OK. Many of the ACE’s past concerns about vegetation were shown to not be the hazards the Corps initially claimed. For example, native trees sprouting here bend over in high flows, unlike in some other levee systems where trees get pulled out at their roots, damaging the levees."
I hope that City Council members, as the ultimate stewards of our City’s natural treasures, and in keeping with our history of protecting the wildlife habitat of the river, will move thoughtfully and with full knowledge of the situation, before giving any go-ahead to an even stricter vegetation management plan than was bequeathed to us while we were still under the guidelines established by the Army Corps of Engineers. Our community will want us to make a good faith effort to seek any variance that would offer protection to this important wetland habitat — within the reasonable constraints of flood control.

I would like to respectfully request that the City Council postpone any decision on this matter tonight and also request that the staff meet with local environmentalists, including local representatives of the California Native Plant Society and the Santa Cruz Bird Club, to explore any variances that can be reasonably included in the bidding process.

Thank you for your commitment to preserving our natural resources and to seeking a full understanding of the environmental issues involved in this agenda item.

Sincerely,
Barbara Riverwoman

26.51 Lower San Lorenzo River
2015 Fall Migration
Bird Surveys
Gary Kittleson
Kittleson Environmental Consulting
Bryan Mori
Bryan Mori Biological Consulting
Prepared for

Santa Cruz City Council
City of Santa Cruz, CA
1/11/2016

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SUMMARY
Kittleson Environmental Consulting (KEC) and partner Bryan Mori Biological Consulting Services conducted baseline fall bird surveys in the San Lorenzo River Flood Control Channel.

The goals of the study are to document all bird species, assess relative abundances, and characterize patterns of occurrence and distribution through the fall migration period in the San Lorenzo Lagoon and Flood Control Channel in anticipation of the 2016 Pilot Paddling Program approved by the Santa Cruz City Council on 6/23/2015.

The surveys consisted of avian inventories from the San Lorenzo Trestle Bridge at the river mouth to the Highway 1 Bridge. A total of 17 surveys were done in September, October and November 2015 to characterize bird use throughout the project area. All surveys were during daylight hours consistent with the proposed 2016 Pilot Paddling Program's periods of operation. An effort was made to sample both in the morning and in late afternoon to adequately capture the widest range of species and patterns of bird use throughout the project area.

The study team observed 103 bird species in the project area during September, October and November of 2015. Six (6) other taxa were observed but not fully identified to species. A total of 9,036 birds were identified and counted, representing a wide range of year-round resident waterfowl, wading birds, raptors and songbirds, which included expected and unusual migratory species. During the study period the study area was also visited by a handful of genuine rarities seen by others that resulted in numerous additional bird observations within the study area by the local birding community.

All study data was compiled in the online Ebird public database and is available to the general public and all Ebird users. Summary results and Ebird data plots are discussed below and are attached in Appendices A and B.

STUDY AREA
The San Lorenzo River Fall Bird Survey study area is located in the lowest reach of the 137 square mile San Lorenzo River watershed. The San Lorenzo River drains to the Pacific Ocean at the north end of Monterey Bay. The study area is located within the “levee reach” of the San Lorenzo River, which generally includes the area between CA Route 1 and the river mouth.

FIGURE 1.

The San Lorenzo River Fall Bird Survey study area is broken down into two sub units: the Upper Unit and the Lower Unit, which are divided by the Soquel Avenue Bridge. The overall study area includes all available habitats within the levee alignment, including the river bottom habitats, waterside and landside levee slopes, riverside mudstone bluffs and eucalyptus stands,

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Upper Unit
Lower Unit
FIGURE 1.

Lower San Lorenzo River
Fall Baseline Bird Survey
Project Area

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and the fence line trees and shrubs that line the numerous private properties adjacent to the flood control channel. Riverside and floodplain open space habitats at San Lorenzo Park, Mimi de Marta Park and Mike Fox Park/Ken Wormhoudt Skate Park are included. The artificial duck pond area at San Lorenzo Park and mature landscape trees that surround the County Building are excluded from consideration due to their distance from the river.

The habitat types most common in the overall project area are ruderal grassland, mixed riparian forest, willow thickets, freshwater marsh, and brackish water tule marsh. Native riparian tree species present include arroyo willow (Salix lasiolaepis), white alder (Alnus rhombifolia), yellow willow (Salix lucida ssp. lasiandra), black cottonwood (Populus tricocarpa), redwood (Sequoia sempervirens) and box elder (Acer negundo). Cattail (Typha latifolia), matted water primrose (Ludwegia peploides ssp. peploides), and water smartweed (Polygonum amphibium) are most common in the freshwater marsh habitats in upstream and bulrush (Scirpus californicus) becomes the dominant marsh plant along the water's edge in the downstream areas subject to tidal influence and brackish lagoon conditions. The levee crests are paved and the levee-top ruderal community is regularly mowed and weed-whipped for fire suppression and offers relatively little habitat value.

Waterside levee slopes throughout the project area are dominated by ruderal grassland with scattered coyote brush (Baccharis pilularis), red valerian (Centranthus ruber), fennel (Foeniculum vulgare), field mustrad (Brassica rapa) and iceplant (Carpobrotus edulis).

Dominant species include perennial ryegrass (Lolium), wild oat (Avena fatua), Himalayan blackberry (Rubus discolor) and ripgut brome (Bromus). Rip rap, rock slope protection is underlies the waterside levee embankments and is exposed in many places just below the levee crest hingepoint. Soils placed by the US Army Corps of Engineers (USACE) contractors over newly placed rip rap on the east side levee have partially eroded in the 15 years since placement and rock is now visible within the ruderal grasses on the upper slope. Abundant California ground squirrels are present throughout the levees.

Landside levee slopes throughout the project area were landscaped with an broad assemblage of native trees, shrubs and forbs during the 1999-2003 San Lorenzo River Flood Control Improvement Project. Fence line trees and neighbor landscape shrubs represent a broad mix of native and introduced species. All overhanging fence line vegetation was considered within the study area.

The Upper Study Unit encompasses the San Lorenzo River Flood Control Channel, levees and fence line vegetation from Highway 1 downstream to the Water Street Bridge, the lower floodplain benches in San Lorenzo Park and the floodwall-contained reach between Water Street Bridge and the Soquel Avenue Bridge. The total area covered by surveys in the Upper Unit is approximately 44 acres. FIGURE 2.

In the Upper Unit project area between the levees, the San Lorenzo River is depositional upstream of Water Street Bridge and typically has a meandering or braided low flow channel during the summer and fall migration season. The San Lorenzo Park bench lands supports mature riparian cottonwood trees and within the braided channel between Water Street Bridge and Soquel Avenue Bridge, there are mid-channel willow scrub islands and a nearly continuous riparian strip along the edge of water.

The Lower Unit of the study area extends from the Soquel Avenue Bridge to the Railroad trestle bridge near the river mouth. FIGURE 3. The Lower Unit is characterized by a single, wide channel that is less heavily vegetated with willow riparian vegetation on its margins and is

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Upper Unit Lower Unit
FIGURE 2.

Upper Study Unit
FIGURE 3.

Lower Study Unit

26.56 5
characterized by relatively abundant tule occurring in a narrow band along both sides of the water's edges. In addition to the numerous ruderal species mentioned above, weedy species like kikuyu grass (Pennisetum clandestinum) and sweet white clover (Melilotus albus) are prevalent along much of the waterside levee toe.

The Lower Unit also includes the 2004 Riverbend Restoration Project area at the base of Beach Hill, Mimi de Marta Park, Mike Fox Park and the eucalyptus stand along East Cliff Drive. The river mouth, bluff-side, and beach area that is viewable from the railroad trestle bridge is included in the Lower Unit of the study. The total area covered by surveys in the Lower Unit is approximately 47 acres.

The total length of the levee path traveled during each full survey (Upper and Lower Units combined) is approximately 3.75 miles. Observers walked the levee crest paths and levee slopes.

PROJECT BACKGROUND
The San Lorenzo River reach downstream of Highway 1 is referred to as the San Lorenzo River Flood Control Channel. Following catastrophic flooding of downtown Santa Cruz in 1955, the USACE stripped all riparian vegetation, channelized and built levees from 1957-1959 to contain the lower 2.2 miles of the San Lorenzo River and lagoon. FIGURE 4. Since then, the City has operated and maintained this reach primarily as a flood control channel, periodically removing riparian vegetation and riverbed sediment to provide flood protection for downtown Santa Cruz.

In the mid 1980's the Santa Cruz City Council began to re-evaluate its river management activities in an attempt to balance habitat quality with flood control obligations. These efforts resulted in the development of the San Lorenzo River Design Concept Plan (1987) and the San Lorenzo River Enhancement Plan (1989) which guided flood control and vegetation management for a decade. In 1999 the Santa Cruz City Council initiated the San Lorenzo Urban River Planning Process and authorized the development of the Lower San Lorenzo River and Lagoon Management Plan (2002). The San Lorenzo Urban River Plan (2003) provides a 20 year comprehensive plan that updates the 1987 and 1989 Plans and serves as vision-setting document that promotes conservation and enhancement of the river as a wildlife area with complimentary recreation and community uses.

Along with the development and approval of the San Lorenzo Urban River Plan, from 1999 to 2004, the City of Santa Cruz and the US Army Corps of Engineers constructed Phases 1, 2 and 3 of the San Lorenzo River Flood Control and Environmental Restoration Project which raised levee heights, landscaped, and improved bike and pedestrian paths along the entire levied reach of the San Lorenzo River in downtown. The habitat enhancement efforts of San Lorenzo River Flood Control and Environmental Restoration Project focused on the landside of the levees in the study area which were landscaped with native trees, shrubs, and groundcover.

FIGURE 5.

The majority of riparian habitat in the study area is located within the river bottom between the levee toes. It can best be classified as a “managed” central coast arroyo willow riparian forest with scattered red alder, sycamore and cottonwood trees. Within the river bottom riparian habitat, annual vegetation thinning and periodic sandbar “ripping” is conducted by the City of Santa Cruz DPW to minimize channel roughness and to facilitate sediment transport though the

26.57 6

2015 Figure 4 Figure 5

26.58 reach. The City holds a USACE Section 404 nationwide permit (NWP File 268761S) and obtains California Department of Fish and Wildlife (CDFW) Streambed Alteration Agreements for these activities.

The annual maintenance program limits the size of riparian trees to <4” dbh, and creates 4’-10’ wide riparian strands of immature willow, alder, cottonwood, and sycamore at the levee toes and on the edges of instream islands. This annual maintenance activity significantly limits bird nesting opportunities by creating sparse riparian patches. The semi-annual bed-ripping activities required to maintain hydraulic capacity in this reach also results in dry sand and gravel bar habitats in the areas upstream or Water Street Bridge.

SURVEY METHODS
Daytime avian surveys were conducted from the railroad trestle bridge to the pedestrian-bike bridge downstream of the Highway 1 bridge. Surveys were performed using binoculars while walking the two levee crest trails and the adjacent levee slopes. Total length of the walking surveys is approximately

3.75 miles. Surveys were conducted by Gary Kittleson and Bryan Mori.

During each site visit, all visible and audible bird species were identified, counted and logged in field books. Observers communicated from opposite sides of the river by phone and text during the surveys to minimize potential for missed birds obscured by waterside vegetation and double-counting of flushed birds. Each day's observations were then compiled into an Excel spreadsheet and entered as Hotspot Checklists into Ebird (http://ebird.org). The Ebird Hotspot for the study area is known as the San Lorenzo River (within Santa Cruz) location.

LIMITATIONS
All bird surveys were conducted during daylight hours and observations were limited to birds within or over the San Lorenzo River Flood Control Project area, which extends from the Highway 1 Bridge to the San Lorenzo river mouth. Fence line trees and shrubs that contacted or overhung the real property boundary of the Flood Control Project were included in the observations, but birds on and across the adjacent surface streets and on neighboring buildings were not counted. Birds outside of the project limits and some gulls at high altitude were not counted.

Surveys were typically conducted from the river mouth upstream, which may have resulted in lower numbers of observations during morning surveys in the upper reach above Water Street as the sun rose overhead between 11:00 and noon. Investigators chose the downstream to upstream protocol to assure optimal counts in that the lower study unit, which includes the potential public paddling reach, was counted each time. One survey (9/14/2015) was cut short and covered only the lower unit.

Surveys occurred during the fall migration season and represent a mix of resident and migratory species.

The results represent only those birds observed during KEC surveys and do not reflect the overall fluctuations of fall migration. Other species observed in the project area and entered into Ebird by other birders during the study period are not included in the KEC datasets, but are included in the discussion below.

26.59 RESULTS
One hundred three distinct bird species were observed and positively identified by the study team during the September 7 through November 19, 2015 fall migration study period. Six other taxa were observed but not identified to species. A total of 9,036 birds were identified and counted. A cumulative total of 202 bird species (and 26 other taxa) have been recorded in the project area, based on Ebird data and local records. Nearly 51% of the species known to use the San Lorenzo River were observed by KEC during the fall migration study. The results of the surveys, by month, are attached as Appendix A.

Sixty-nine different, confirmed species of landbirds and 34 species of waterbirds were observed. Table 1 lists all landbirds seen by the investigators and provides information on each species generalized residency status in the Santa Cruz County area and its primary foraging (or feeding) guild. Riparian species are noted, and the conservation status of six listed landbird species is included. Table 2 lists all waterbirds seen by the investigators.

In terms of total numbers observed, the most common bird observed was America coot with a total of 1,065 birds which represents 11.8% of all birds counted during the study period. White-crowned sparrow, western gull, rock pigeon, house finch, double crested cormorant, mallard, and America crows also were present in large numbers (greater than 3% of total numbers observed). Four of the top species by number were waterbirds. The most common species, by total count, are listed in Table 3.

Eight species of raptors and falcons were observed, with peregrine falcon and red-shouldered hawk most common during surveys. Red-shouldered hawks are known to nest in the eucalyptus trees at the Highway 1 bridge and a peregrine falcon is known to perch regularly in the eucalyptus grove near the railroad trestle bridge at the river mouth. Red-tailed hawk, Cooper's hawk and osprey were also observed on multiple occasions. Merlin, sharp-shinned hawk and turkey vulture were also seen hunting and foraging in the project area.

The study period covered the fall migration period, and as a result, does not fully represent the full list of species known to occur in the project area. Results from KEC's 2015 Fall surveys are plotted as a histogram in Appendix B. Two additional surveys conducted by KEC during the nesting season in July 2015 are also included in the Appendix B histogram. Appendix B also provides a histogram of all known species for all seasons and all years of data for the general project area in Ebird. The benefit of the histogram plot is the graphical illustration of which species are migratory or resident, and the seasonal fluctuations that migratory patterns bring.

A number of locally uncommon and rare birds were observed in the project area by KEC (tropical kingbird, chipping sparrow, palm warbler, Tennessee warbler, and black-throated grey warbler) and several species were observed by other birders, concurrent with the KEC fieldwork, which in turn brought out numerous observers to the site in search of rarities. Notable among these species not seen by KEC in the study area but documented by others were vermillion flycatcher (Pyrocephalus rubinus), black and white warbler (Mniotilta varia), and lark sparrow (Chondestes grammacus).

26.60 TABLE 1. San Lorenzo River Landbirds Observed by KEC in Fall 2015 Species Residency
Status
Foraging
Guild
Riparian
Associate
Conservation
Status
Turkey Vulture (Cathartes aura) Y Scavenger
Osprey (Pandion haliaetus) Y Fish eater X WL
Sharp-shinned Hawk (Accipiter striatus) Y Bird eater WL Cooper’s Hawk (Accipiter cooperi) Y Bird eater WL
Red-shouldered Hawk (Buteo lineatus) Y Ground vertebrate X Red-tailed Hawk (Buteo jamaicensis) Y Ground vertebrate Merlin (Falco columbarius) W Bird eater WL
Peregrine Falcon (Falco pereginus) Y Bird eater FP
Rock Pigeon (Columbia livia) Y Ground seed
Eurasian Collared Dove (Streptopelia decaocto) Y Ground seed Mourning Dove (Zenaida macroura) Y Ground seed
Anna’s Hummingbird (Calypte annae) Y Foliage nectar
Rufous/Allen’s Hummingbird (Selasphorus rufus/sasin) S Foliage nectar X Belted Kingfisher (Megaceryle alcyon) Y Fish eater X
Downy Woodpecker (Picoides pubescens) Y Bark insect X
Black Phoebe (Sayornis nigricans) Y Aerial insect X
Say’s Phoebe (Sayornis saya) Y Aerial insect
Tropical Kingbird (Tyrannus melancholicus) F Aerial insect Warbling Vireo (Vireo gilvus) S Foliage insect X
Steller’s Jay (Cyanocitta stelleri) Y Omnivore
Western Scrub-Jay (Aphelocoma californica) Y Omnivore
American Crow (Corvus brachyrhynchos) Y Omnivore
Common Raven (Corvus corax) Y Omnivore
Barn Swallow (Hirundo rustica) Y Aerial insect
Chestnut-backed Chickadee (Poecile rufescens) Y Foliage insect X Oak Titmouse (Baeolophus inornatus) Y Foliage insect
Bushtit (Psaltriparus minimuss) Y Foliage insect
Red-breasted Nuthatch (Sitta canadensis) Y Bark insect/seeds Brown Creeper (Certhia americana) Y Bark insect
House Wren (Troglodytes aedon) Y Foliage insect
Marsh Wren (Cistothorus palustris) Y Foliage insect X
Bewick’s Wren (Thryomanes bewickii) Y Foliage insect X
Golden-crowned Kinglet (Regulus satrapa) Y Foliage insect Ruby-crowned Kinglet (Regulus calendula) W Foliage insect Hermit Thrush (Catharus guttatus) Y Ground insect

26.61 Codes: Y = species occurs in all seasons and nests in the county; S = migrates into the region in summer to nest and occurs during migration; W = migrates into the region to overwinter; T = irregularly occurs as a transient during migration; I = irruptive species with irregular breeding and winter occurrence; FP = CDFW fully protected species; WL = CDFW special concern species watch list Northern Mockingbird (Mimus polygottos) Y Ground insect European Starling (Sturnus vulgaris) Y Omnivore
Cedar Waxwing (Bombycilla cedrorum) W Foliage fruit
Tennessee Warbler (Oreothlypis peregrina) T Foliage insect Orange-crowned Warbler (Oreothlypis celata) Y Foliage insect X Common Yellowthroat (Geothlypis trichas) Y Foliage insect X Yellow Warbler (Setophaga petechia) S Foliage insect X SSC Palm Warbler (Setophaga palmarum) W Foliage/Ground insect X Yellow-rumped Warbler (Setophaga coronata) Y Foliage insect Black-throated Gray Warbler – (Setophaga nigrescens) S Foliage insect Townsend's Warbler (Setophaga townsendii) S Foliage insect Wilson’s Warbler (Cardellina pusilla) S Foliage insect X Chipping Sparrow – (Spizella passerina) Y Ground insect/seed Fox Sparrow (Passerella iliaca) W Ground insect/seed
Dark-eyed Junco (Junco hyemalis) Y Ground insect/seed
White-crowned Sparrow (Zonotricha leucophrys) Y Ground insect/seed Golden-crowned Sparrow (Zonotrichia atricapilla) W Ground insect/seed Savannah Sparrow (Passerculus sandwichensis) Y Ground insect/seed Song Sparrow (Melospiza melodia) Y Ground insect/seed X Lincoln's Sparrow (Melospiza lincolnii) W Ground insect/seed X California Towhee (Melozone crissalis) Y Ground insect/seed Spotted Towhee (Pipilo maculatus) Y Ground insect/seed X Black-headed Grosbeak (Pheuticus melanocephalus) S Foliage insect/seeds X Red-winged blackbird (Agelaius phoeniceus Y Ground insect/seeds X Western Meadowlark (Sturnella neglecta) Y Ground insect/seeds Brewer’s Blackbird (Euphagus cyanocephalus) Y Ground insect/seeds Great-tailed Grackle (Quiscalus mexicanus) Y Omnivorous Brown-headed Cowbird (Molothrus ater) Y Ground insect/seeds X House Finch (Carpodacus mexicanus) Y Ground seed
Purple Finch (Carpodacus purpureus) Y Ground seed
Red Crossbill (Loxia curvirostra) I Foliage seed
Pine Siskin (Spinus pinus) Y Foliage seed
Lesser Goldfinch (Carduelis psaltria) Y Foliage seed
American Goldfinch (Carduelis tristis) Y Foliage seed X House Sparrow (Passer domesticus) Y Ground seed

26.62 TABLE 2. San Lorenzo River Water Birds Observed by KEC in Fall 2015 Species Residency
Status
Guild Conservation
Status
Canada Goose (Branta canadensis) Y Grazer
Mallard (Anas platyrhynchos) Y Dabbler
Bufflehead (Bucephala albeola) W Diver
Common Goldeneye (Bucephala clangula) W Diver
Common Merganser (Mergus merganser) Y Fisheater
Ruddy Duck (Oxyura jamaicensis) Y Diver
Pied-billed Grebe (Podilymbus podiceps) Y Diver
Horned Grebe (Podiceps auritus) W Diver
Eared Grebe (Podiceps nigricollis) W Diver
Double-crested Cormorant (Phalacrocorax auritus) Y Fisheater WL Pelagic Cormorant (Phalacrocorax pelagicus) Y Fisheater Brown Pelican (Pelecanus occidentalis) P Fisheater FP
Great Blue Heron (Ardea herodias) Y Heron
Great Egret (Ardea alba) Y Heron
Snowy Egret (Egretta thula) Y Heron
Green Heron (Butorides virescens) Y Heron
Black-crowned Night Heron (Nycticorax nycticorax) Y Heron Virginia Rail (Rallus limicola) Y Rail
Sora (Porzana carolina) Y Rail
Common Gallinule (Gallinula galeata) Y Dabbler
American Coot (Fulica americana) Y Dabbler
Killdeer (Charadrius vociferus) Y Shorebird
Spotted Sandpiper (Actitis macularius) Y Shorebird
Wilson's Snipe (Gallinago delicate) W Shorebird
Red-necked Phalarope (Phalaropus lobatus) W Phalarope
Heermann's Gull (Larus heermanni) W Gull
Mew Gull (Larus canus) W Gull
Ring-billed Gull (Larus delawarensis) W Gull
Western Gull (Larus occidentalis) Y Gull
California Gull (Larus californicus) W Gull WL
Herring Gull (Larus argentatus) W Gull
Thayer’s Gull (Larus thayeri) W Gull
Glaucous-winged Gull (Larus glaucescens) W Gull
Elegant Tern (Thalasseus elegans) P Tern
Codes: Y = species occurs in all seasons and nests in the county; W = generally considered a winter resident but may be found in migration and as non-breeders in summer; P = post-breeding summer resident, but may be found in all seasons; FP = CDFW fully protected species; WL = CDFW special concern species watch list

26.63 TABLE 3. Most Commonly Observed Bird Species San Lorenzo River in Fall 2015 Species Total count Average per count Percent of total birds American coot 1065 62.6 11.8%
White-crowned sparrow 846 49.8 9.4%
Western gull 697 41.0 7.7%
Rock dove (common pigeon) 463 27.2 5.1%
House finch 400 23.5 4.4%
Double crested cormorant 354 20.8 3.9%
Mallard 331 19.5 3.7%
American crow 292 17.2 3.2%
Black phoebe 238 14.0 2.6%
Song sparrow 200 11.8 2.2%
Bushtit 184 10.8 2.0%
Pie-billed grebe 124 7.3 1.4%
Anna's hummingbird 117 6.9 1.3%
House sparrow 110 6.5 1.2%
American goldfinch 64 3.8 0.7%
Yellow warbler 61 3.6 0.7%
Western scrub jay 56 3.3 0.6%
Marsh wren 50 2.9 0.6%

DISCUSSION
The 2015 San Lorenzo Fall Bird Survey was undertaken during a persistent multi-year drought that significantly reduced San Lorenzo River flow into the lagoon project area and resulted in extremely poor water quality conditions. Due to the lack of inflow the San Lorenzo Lagoon maintained a closed condition throughout the first two months of the study period (September and October). Throughout the fall algal growth was present in the San Lorenzo Lagoon and resulted in harmful levels of toxins produced by blue-green algae.

Prior to the start of the fall bird study, the City of Santa Cruz conducted a manual breach of the lagoon on 8/17/2015. During this effort, water surface elevation in the lagoon was lowered to approximately 5' msl.

This water surface elevation quickly rose more than a foot, back to pre-breach levels within a week and remained high until a second mechanical breach was conducted on 10/23/2015. That breach also lowered the lagoon to approximately 5.0' msl.

In the San Lorenzo Lagoon, under closed lagoon conditions, deep backwater conditions exist to just upstream of the Water Street Bridge. In 2015, during closed lagoon conditions, no exposed sandbar habitat was present in the project area until early November, with the exception of the edge of the lagoon downstream of the trestle. The low number of wading birds and shore birds in September and October is likely a reflection of this lack of shallow habitat and exposed sandbars.

26.64 Overall, the documentation of more than 50% of known "San Lorenzo River within Santa Cruz" species by KEC during the 2015 fall migration period indicates that the study effort was sufficient in geographic coverage and the frequency of observations. The presence of at least three rare species seen by others, but not by the investigators illustrates the limits and the vagaries of bird surveys, in general. Subsequent fall migration period survey efforts during the proposed 2016 paddling season should provide a useful comparison.

REFERENCES
City of Santa Cruz - San Lorenzo Urban River Plan Task Force, 2003. San Lorenzo Urban River Plan: A Plan for the San Lorenzo River, Branciforte Creek and Jessie Street Marsh. eBird. 2012. eBird: An online database of bird distribution and abundance [web application]. eBird, Ithaca, New York. Available: http://www.ebird.org. (Accessed: Date [e.g., February 2, 2012]).

Swanson Hydrology & Geomorphology, Native Vegetation Network and Hagar Environmental Science, 2002. Lower San Lorenzo River & Lagoon Management Plan. Prepared for the City of Santa Cruz Redevelopment Agency.

Kittleson Environmental Consulting, July 2015. Nesting Bird Survey Memo. Unpublished report.

26.65 SITE PHOTOS
LEFT: San Lorenzo River Upper Study Unit looking upstream from west levee to Highway 1.

RIGHT: San Lorenzo River Upper Study Unit looking upstream from center of channel u/s of Water St Br LEFT: San Lorenzo River Upper Study Unit looking upstream from west levee to Water St.

RIGHT: San Lorenzo River Upper Study Unit looking upstream to San Lorenzo Park from Soquel Ave.

LEFT AND RIGHT. Lower Study Unit at closed lagoon conditions, looking u/s and d/s from west levee.

26.66 LEFT: Eucalyptus stand at East Cliff Drive near trestle. Cormorant roost and peregrine falcon perch.

RIGHT: Closed lagoon conditions at river mouth.

LEFT: 2 kayakers in study area in vicinity of trestle. 9/11/2015.

RIGHT: Exposed sandbar habitat following natural river breach in early November.

LEFT: Common merganser.

RIGHT: Tropical kingbird.

26.67 Appendix A.

Summary of KEC Results by Month

26.68 MONTH REPORT: Species Totals
Report Details
Date range: Sep 1, 2015 - Sep 30,
2015
Total # of
Species: 66
Total # of
Checklists: 7
Location(s): San Lorenzo River (within Santa Cruz)
Summary
Sep
1-5
Sep
6-10
Sep
11-15
Sep
16-20
Sep
21-25
Sep
26-30
Number of Species -- 27 30 37 49 37
Number of Individuals -- 531 282 299 578 485
Number of Checklists -- 1 2 1 2 1
Total Number of Birds (sample size)
Species Name Sep
1-5
Sep
6-10
Sep
11-15
Sep
16-20
Sep
21-25
Sep
26-30
Canada Goose (Branta
canadensis) -- 2
(1)
5 (1)
8 (1) -- --
Mallard (Anas platyrhynchos) -- 29
(1)
30 (2)
13 (1)
29 (2)
27 (1)
Common Merganser (Mergus
merganser) -- -- -- -- 2
(1) --
Pied-billed Grebe (Podilymbus
podiceps) -- 12
(1)
13 (2)
10 (1)
18 (2)
8 (1)
Eared Grebe (Podiceps
nigricollis) -- -- -- -- 1
(1)
1 (1)
Double-crested Cormorant
(Phalacrocorax auritus) -- 39(1)
75 (2)
2 (1)
20 (2)
55 (1)
Great Blue Heron (Ardea
herodias) -- 1
(1)
1 (1)
1 (1)
3 (2) --
Great Egret (Ardea alba) -- -- -- -- -- 1
(1)
Snowy Egret (Egretta thula) -- -- -- -- 1
(1) --
Green Heron (Butorides
virescens) -- 2
(1)
1 (1)
2 (1) -- 1
(1)
Black-crowned Night-Heron
(Nycticorax nycticorax) -- -- -- 1
(1)
1 (1) --
Red-shouldered Hawk (Buteo
lineatus) -- -- 1
(1)
1 (1)
2 (1)
2 (1)
Red-tailed Hawk (Buteo
jamaicensis) -- -- -- 1
(1) -- --
Virginia Rail (Rallus limicola) -- -- 1
(1) -- -- --
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26.69 Sora (Porzana carolina) -- -- -- -- -- 1
(1)
American Coot (Fulica
americana) -- 2
(1)
12 (2)
16 (1)
58 (2)
33 (1)
Killdeer (Charadrius vociferus) -- -- -- -- 1
(1) --
Heermann's Gull (Larus
heermanni) -- -- -- -- 2
(1) --
Western Gull (Larus
occidentalis) -- 261
(1) -- 8
(1)
32 (2)
2 (1)
California Gull (Larus
californicus) -- -- 6
(1) -- 9
(1) --
Larus sp. (Larus sp.) -- -- -- -- 55
(1) --
gull sp. (Larinae sp.) -- -- 5
(1) -- -- 8
(1)
Elegant Tern (Thalasseus
elegans) -- 4
(1) -- -- -- --
Rock Pigeon (Columba livia) -- 24
(1)
45 (2)
62 (1)
16 (2)
22 (1)
Eurasian Collared-Dove
(Streptopelia decaocto) -- -- 2
(1)
2 (1)
1 (1) --
Mourning Dove (Zenaida
macroura) -- 1
(1)
5 (2)
6 (1)
12 (2)
2 (1)
Anna's Hummingbird (Calypte
anna) -- 5
(1)
4 (1)
8 (1)
7 (2)
8 (1)
hummingbird sp. (Trochilidae
sp.) -- -- -- 1
(1) -- --
Belted Kingfisher (Megaceryle
alcyon) -- 1
(1)
1 (1)
2 (1) -- --
Merlin (Falco columbarius) -- -- -- -- 1
(1) --
Peregrine Falcon (Falco
peregrinus) -- 1
(1)
1 (1)
1 (1)
1 (1) --
Black Phoebe (Sayornis
nigricans) -- 16
(1)
18 (2)
16 (1)
31 (2)
13 (1)
Warbling Vireo (Vireo gilvus) -- -- -- -- 1
(1) --
Steller's Jay (Cyanocitta
stelleri) -- -- -- -- 1
(1) --
Western Scrub-Jay
(Aphelocoma californica) -- 7
(1)
4 (1)
6 (1)
9 (2)
2 (1)
American Crow (Corvus
brachyrhynchos) -- 23
(1)
5 (1)
17 (1)
21 (2)
158
(1)
Barn Swallow (Hirundo rustica) -- -- -- 1
(1)
2 (1) --
Chestnut-backed Chickadee
(Poecile rufescens) -- 5
(1)
5 (1)
8 (1)
14 (2)
5 (1)
Oak Titmouse (Baeolophus
inornatus) -- -- -- 1
(1)
1 (1)
1 (1)
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26.70 Bushtit (Psaltriparus minimus) -- 20
(1) -- 30
(1)
16 (2)
8 (1)
House Wren (Troglodytes
aedon) -- -- -- 3
(1) -- --
Marsh Wren (Cistothorus
palustris) -- -- -- 1
(1)
6 (2)
1 (1)
Bewick's Wren (Thryomanes
bewickii) -- -- -- -- 2
(1) --
Northern Mockingbird (Mimus
polyglottos) -- 2
(1) -- -- -- --
European Starling (Sturnus
vulgaris) -- -- 3
(1) -- 2
(1)
13 (1)
Orange-crowned Warbler
(Oreothlypis celata) -- 2
(1) -- -- 3
(1)
1 (1)
Common Yellowthroat
(Geothlypis trichas) -- 7
(1)
4 (1)
3 (1)
13 (2)
3 (1)
Yellow Warbler (Setophaga
petechia) -- -- -- 1
(1)
42 (2)
7 (1)
Yellow-rumped Warbler
(Setophaga coronata) -- -- -- -- -- 4
(1)
Townsend's Warbler
(Setophaga townsendi) -- -- -- -- 2
(1)
2 (1)
Wilson's Warbler (Cardellina
pusilla) -- -- -- -- 2
(2) --
warbler sp. (Parulidae sp.)
(Parulidae sp.) -- -- -- -- -- 2
(1)
Dark-eyed Junco (Junco
hyemalis) -- -- -- -- 7
(2)
19 (1)
White-crowned Sparrow
(Zonotrichia leucophrys) -- -- -- 7
(1)
59 (2)
28 (1)
Golden-crowned Sparrow
(Zonotrichia atricapilla) -- -- -- -- 9
(1)
14 (1)
Song Sparrow (Melospiza
melodia) -- 23
(1)
11 (2)
18 (1)
26 (2)
12 (1)
Lincoln's Sparrow (Melospiza
lincolnii) -- -- -- 2
(1)
6 (2) --
California Towhee (Melozone
crissalis) -- 7
(1)
1 (1)
6 (1)
4 (2)
5 (1)
sparrow sp. (Emberizidae sp.
(sparrow sp.)) -- -- 2
(1)
2 (1)
5 (1) --
Black-headed Grosbeak
(Pheucticus melanocephalus) -- -- -- -- -- 1
(1)
Red-winged Blackbird
(Agelaius phoeniceus) -- -- 1
(1) -- -- --
Western Meadowlark
(Sturnella neglecta) -- -- 1
(1) -- 1
(1)
1 (1)
House Finch (Haemorhous
mexicanus) -- 22
(1)
9 (1)
27 (1)
12 (2)
10 (1)
Purple Finch (Haemorhous
purpureus) -- 1
(1) -- 1
(1) -- --
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26.71 Lesser Goldfinch (Spinus
psaltria) -- -- -- -- 1
(1) --
House Sparrow (Passer
domesticus) -- 12
(1)
10 (1)
4 (1)
8 (1)
4 (1)
Detailed Month Report http://ebird.org/ebird/ca/eBirdReports 4 of 4 1/4/2016 12:47 PM

26.72 MONTH REPORT: Species Totals
Report Details
Date range: Oct 1, 2015 - Oct 31,
2015
Total # of
Species: 88
Total # of
Checklists: 8
Location(s): San Lorenzo River (within Santa Cruz)
Summary
Oct
1-5
Oct
6-10
Oct
11-15
Oct
16-20
Oct
21-25
Oct
26-31
Number of Species 51 41 52 53 41 50
Number of Individuals 999 261 924 530 514 796
Number of Checklists 2 1 2 1 1 1
Total Number of Birds (sample size)
Species Name Oct
1-5
Oct
6-10
Oct
11-15
Oct
16-20
Oct
21-25
Oct
26-31
Canada Goose (Branta
canadensis) -- -- -- 6
(1) -- 7
(1)
Mallard (Anas platyrhynchos) 90
(2)
4 (1)
39 (2)
21 (1)
2 (1)
26 (1)
Bufflehead (Bucephala albeola) -- -- -- -- -- 2
(1)
Ruddy Duck (Oxyura
jamaicensis) -- -- -- -- 3
(1) --
Pied-billed Grebe (Podilymbus
podiceps)
21 (2)
6 (1)
17 (2)
7 (1)
12 (1)
8 (1)
Horned Grebe (Podiceps
auritus) -- -- 1(1) -- 3
(1)
3 (1)
Eared Grebe (Podiceps
nigricollis)
4 (2)
3 (1)
7 (2)
4 (1)
7 (1)
3 (1)
Double-crested Cormorant
(Phalacrocorax auritus)
41 (2)
5 (1)
63 (2)
20 (1) -- 66
(1)
Pelagic Cormorant
(Phalacrocorax pelagicus) -- -- -- 1
(1) -- --
Brown Pelican (Pelecanus
occidentalis) -- -- -- 1
(1) -- --
Great Blue Heron (Ardea
herodias)
1 (1)
1 (1)
1 (1)
1 (1)
2 (1)
4 (1)
Great Egret (Ardea alba) -- -- -- -- 1
(1) --
Snowy Egret (Egretta thula) 28
(1) -- 5
(2)
1 (1)
3 (1)
1 (1)
Green Heron (Butorides
virescens)
1 (1) -- 1
(1)
2 (1) -- --
Detailed Month Report http://ebird.org/ebird/ca/eBirdReports 1 of 4 1/4/2016 12:53 PM

26.73 Sharp-shinned Hawk (Accipiter
striatus) -- 1
(1) -- -- -- --
Cooper's Hawk (Accipiter
cooperii)
1 (1)
2 (1)
1 (1) -- -- --
Red-shouldered Hawk (Buteo
lineatus)
1 (1)
1 (1)
1 (1)
1 (1) -- --
Red-tailed Hawk (Buteo
jamaicensis) -- 1
(1)
1 (1)
1 (1) -- --
Sora (Porzana carolina) -- -- 2
(2)
2 (1)
1 (1) --
American Coot (Fulica
americana)
109
(2)
71 (1)
132
(2)
30 (1)
115
(1)
82 (1)
Spotted Sandpiper (Actitis
macularius)
3 (2) -- 3
(1) -- -- 1
(1)
Wilson's Snipe (Gallinago
delicata) -- -- -- -- 3
(1) --
Red-necked Phalarope
(Phalaropus lobatus)
1 (1) -- -- -- -- --
Ring-billed Gull (Larus
delawarensis)
1 (1) -- -- -- -- --
Western Gull (Larus
occidentalis)
19 (2)
2 (1)
15 (2)
2 (1)
10 (1)
73 (1)
California Gull (Larus
californicus)
7 (2) -- 38
(2)
17 (1)
3 (1)
13 (1)
Herring Gull (Larus
argentatus) -- 1
(1) -- -- -- --
Larus sp. (Larus sp.) 3
(1) -- -- -- -- --
gull sp. (Larinae sp.) 11
(1) -- 62
(1)
120
(1) -- --
Rock Pigeon (Columba livia) 123
(2)
14 (1)
48 (2)
15 (1)
53 (1)
6 (1)
Eurasian Collared-Dove
(Streptopelia decaocto) -- -- 7
(2) -- -- --
Mourning Dove (Zenaida
macroura)
10 (1)
4 (1)
13 (2)
3 (1)
8 (1)
3 (1)
Anna's Hummingbird (Calypte
anna)
15 (2)
5 (1)
20 (2)
9 (1)
5 (1)
15 (1)
Rufous/Allen's Hummingbird
(Selasphorus rufus/sasin) -- 1
(1) -- -- -- --
Belted Kingfisher (Megaceryle
alcyon)
2 (2)
1 (1)
1 (1)
1 (1) -- 1
(1)
Downy Woodpecker (Picoides
pubescens)
3 (1)
1 (1) -- 1
(1) -- --
Peregrine Falcon (Falco
peregrinus) -- 1
(1)
1 (1) -- -- 1
(1)
Black Phoebe (Sayornis
nigricans)
20 (1)
14 (1)
35 (2)
9 (1)
15 (1)
21 (1)
Say's Phoebe (Sayornis saya) 1
(1) -- -- -- -- --
Detailed Month Report http://ebird.org/ebird/ca/eBirdReports 2 of 4 1/4/2016 12:53 PM

26.74 Tropical Kingbird (Tyrannus
melancholicus) -- -- 1
(1) -- -- --
Warbling Vireo (Vireo gilvus) -- -- 1
(1) -- -- --
Steller's Jay (Cyanocitta
stelleri) -- -- -- 1
(1) -- --
Western Scrub-Jay
(Aphelocoma californica)
5 (2)
2 (1)
10 (2)
6 (1)
6 (1)
6 (1)
American Crow (Corvus
brachyrhynchos)
26 (2)
16 (1)
29 (2)
23 (1)
21 (1)
7 (1)
Common Raven (Corvus
corax) -- 1
(1) -- -- -- --
Chestnut-backed Chickadee
(Poecile rufescens)
14 (2)
4 (1)
9 (2)
3 (1)
3 (1)
11 (1)
Oak Titmouse (Baeolophus
inornatus)
3 (1) -- 2
(1)
2 (1) -- 1
(1)
Bushtit (Psaltriparus minimus) 32
(2)
5 (1)
7 (1)
25 (1)
6 (1)
36 (1)
Red-breasted Nuthatch (Sitta
canadensis) -- -- -- 2
(1)
1 (1) --
Brown Creeper (Certhia
americana) -- -- 3
(1) -- -- --
House Wren (Troglodytes
aedon) -- -- -- -- -- 1
(1)
Marsh Wren (Cistothorus
palustris)
3 (1)
2 (1)
14 (2)
8 (1)
2 (1)
8 (1)
Bewick's Wren (Thryomanes
bewickii) -- -- 2
(2)
1 (1)
1 (1)
4 (1)
Ruby-crowned Kinglet
(Regulus calendula) -- -- 6
(2)
1 (1)
1 (1)
10 (1)
Hermit Thrush (Catharus
guttatus) -- -- -- -- -- 1
(1)
Northern Mockingbird (Mimus
polyglottos) -- -- -- 1
(1) -- 1
(1)
European Starling (Sturnus
vulgaris)
9 (1) -- 9
(2)
2 (1) -- 2
(1)
Cedar Waxwing (Bombycilla
cedrorum) -- -- -- -- 37
(1) --
Tennessee Warbler
(Oreothlypis peregrina)
1 (1) -- -- -- -- --
Orange-crowned Warbler
(Oreothlypis celata)
3 (2) -- -- 1
(1) -- --
Common Yellowthroat
(Geothlypis trichas)
8 (2)
4 (1)
8 (1)
4 (1)
5 (1)
12 (1)
Yellow Warbler (Setophaga
petechia)
11 (2)
2 (1)
3 (2)
4 (1) -- 1
(1)
Palm Warbler (Setophaga
palmarum) -- -- -- -- -- 1
(1)
Yellow-rumped Warbler
(Setophaga coronata)
40 (2)
14 (1)
78 (2)
32 (1)
41 (1)
25 (1)
Detailed Month Report http://ebird.org/ebird/ca/eBirdReports 3 of 4 1/4/2016 12:53 PM

26.75 Black-throated Gray Warbler
(Setophaga nigrescens) -- -- -- -- -- 1
(1)
Townsend's Warbler
(Setophaga townsendi)
6 (2)
3 (1)
1 (1)
3 (1)
4 (1)
4 (1)
warbler sp. (Parulidae sp.)
(Parulidae sp.) -- 1
(1) -- 1
(1) -- --
Chipping Sparrow (Spizella
passerina)
1 (1)
1 (1) -- -- -- --
Fox Sparrow (Passerella iliaca) -- 1
(1) -- -- -- --
Dark-eyed Junco (Junco
hyemalis)
3 (2)
6 (1) -- -- 4
(1)
3 (1)
White-crowned Sparrow
(Zonotrichia leucophrys)
131
(2)
45 (1)
91 (2)
41 (1)
54 (1)
158
(1)
Golden-crowned Sparrow
(Zonotrichia atricapilla)
5 (2) -- 17
(2)
3 (1)
6 (1)
33 (1)
Savannah Sparrow
(Passerculus sandwichensis)
1 (1)
1 (1) -- 1(1)
1 (1) --
Song Sparrow (Melospiza
melodia)
31 (2)
6 (1)
19 (2)
10 (1)
15 (1)
14 (1)
Lincoln's Sparrow (Melospiza
lincolnii)
5 (1)
2 (1)
5 (2)
4 (1)
2 (1)
10 (1)
California Towhee (Melozone
crissalis)
12 (2)
3 (1)
8 (2)
4 (1)
4 (1)
8 (1)
Spotted Towhee (Pipilo
maculatus) -- -- -- -- -- 1
(1)
Red-winged Blackbird
(Agelaius phoeniceus)
14 (1) -- -- -- -- --
Western Meadowlark
(Sturnella neglecta)
1 (1) -- -- -- -- --
Brewer's Blackbird (Euphagus
cyanocephalus)
1 (1) -- -- 1
(1) -- --
Great-tailed Grackle
(Quiscalus mexicanus) -- -- 1
(1) -- -- --
Brown-headed Cowbird
(Molothrus ater) -- -- 2
(1) -- -- --
House Finch (Haemorhous
mexicanus)
96 (2)
2 (1)
49 (2)
46 (1)
3 (1)
36 (1)
Purple Finch (Haemorhous
purpureus) -- -- 1
(1)
2 (1) -- 1
(1)
Pine Siskin (Spinus pinus) -- -- -- -- 36
(1)
33 (1)
Lesser Goldfinch (Spinus
psaltria)
4 (1) -- 1
(1)
8 (1)
5 (1)
12 (1)
American Goldfinch (Spinus
tristis) -- -- 2
(1)
2 (1)
3 (1)
12 (1)
House Sparrow (Passer
domesticus)
17 (2)
1 (1)
31 (2)
13 (1)
7 (1)
7 (1)
Detailed Month Report http://ebird.org/ebird/ca/eBirdReports 4 of 4 1/4/2016 12:53 PM

26.76 MONTH REPORT: Species Totals
Report Details
Date range: Nov 1, 2015 - Nov 30,
2015
Total # of
Species: 74
Total # of
Checklists: 4
Location(s): San Lorenzo River (within Santa Cruz)
Summary
Nov
1-5
Nov
6-10
Nov
11-15
Nov
16-20
Nov
21-25
Nov
26-30
Number of Species 47 -- 47 59 44 --
Number of Individuals 752 -- 856 814 415 --
Number of Checklists 1 -- 1 1 1 --
Total Number of Birds (sample size)
Species Name Nov
1-5
Nov
6-10
Nov
11-15
Nov
16-20
Nov
21-25
Nov
26-30
Canada Goose (Branta
canadensis)
11 (1) -- 9
(1) -- -- --
Mallard (Anas platyrhynchos) 72
(1) -- 40
(1)
14 (1)
4 (1) --
Bufflehead (Bucephala albeola) 13
(1) -- 21
(1)
14 (1)
12 (1) --
Common Goldeneye
(Bucephala clangula) -- -- -- 3
(1)
26 (1) --
Common Merganser (Mergus
merganser) -- -- 1
(1)
6 (1)
2 (1) --
Ruddy Duck (Oxyura
jamaicensis)
4 (1) -- 3
(1)
1 (1)
2 (1) --
Pied-billed Grebe (Podilymbus
podiceps)
3 (1) -- 11
(1)
12 (1)
7 (1) --
Horned Grebe (Podiceps
auritus)
5 (1) -- -- 1
(1) -- --
Eared Grebe (Podiceps
nigricollis) -- -- 10
(1)
4 (1)
2 (1) --
Double-crested Cormorant
(Phalacrocorax auritus)
4 (1) -- 4
(1)
54 (1)
1 (1) --
Great Blue Heron (Ardea
herodias)
4 (1) -- 3
(1)
3 (1)
1 (1) --
Snowy Egret (Egretta thula) 6
(1) -- 5
(1)
2 (1)
6 (1) --
Turkey Vulture (Cathartes
aura)
1 (1) -- -- -- 1
(1) --
Osprey (Pandion haliaetus)-- -- 1
(1)
1 (1)
1 (1) --
Detailed Month Report http://ebird.org/ebird/ca/eBirdReports 1 of 4 1/4/2016 12:52 PM

26.77 Red-shouldered Hawk (Buteo
lineatus)
1 (1) -- 1
(1)
1 (1) -- --
Red-tailed Hawk (Buteo
jamaicensis)
1 (1) -- -- -- -- --
Sora (Porzana carolina) -- -- 1
(1) -- -- --
Common Gallinule (Gallinula
galeata) -- -- 1
(1) -- -- --
American Coot (Fulica
americana)
149
(1) -- 113
(1)
158
(1)
85 (1) --
Killdeer (Charadrius vociferus) -- -- -- -- 2
(1) --
Spotted Sandpiper (Actitis
macularius) -- -- 1
(1)
1 (1) -- --
Wilson's Snipe (Gallinago
delicata) -- -- 1
(1)
1 (1)
1 (1) --
Heermann's Gull (Larus
heermanni)
21 (1) -- -- -- -- --
Mew Gull (Larus canus) -- -- -- 5
(1) -- --
Ring-billed Gull (Larus
delawarensis) -- -- 2
(1) -- 1
(1) --
Western Gull (Larus
occidentalis)
93 (1) -- 141
(1)
50 (1)
18 (1) --
California Gull (Larus
californicus)
5 (1) -- 19
(1)
9 (1)
23 (1) --
Herring Gull (Larus
argentatus) -- -- -- 3
(1) -- --
Thayer's Gull (Larus thayeri) -- -- 3
(1) -- -- --
Glaucous-winged Gull (Larus
glaucescens)
1 (1) -- -- 2
(1) -- --
Larus sp. (Larus sp.) -- -- -- 2
(1) -- --
Rock Pigeon (Columba livia) 26
(1) -- 71
(1)
14 (1)
28 (1) --
Mourning Dove (Zenaida
macroura)
9 (1) -- 5
(1)
7 (1)
2 (1) --
Anna's Hummingbird (Calypte
anna)
10 (1) -- 3
(1)
17 (1)
5 (1) --
Belted Kingfisher (Megaceryle
alcyon)
1 (1) -- 1
(1)
3 (1)
1 (1) --
Downy Woodpecker (Picoides
pubescens) -- -- 1
(1) -- -- --
Peregrine Falcon (Falco
peregrinus) -- -- -- 1
(1) -- --
Black Phoebe (Sayornis
nigricans)
19 (1) -- 16
(1)
14 (1)
9 (1) --
Steller's Jay (Cyanocitta
stelleri) -- -- -- 1
(1) -- --
Detailed Month Report http://ebird.org/ebird/ca/eBirdReports 2 of 4 1/4/2016 12:52 PM

26.78 Western Scrub-Jay
(Aphelocoma californica)
2 (1) -- 1
(1)
3 (1) -- --
American Crow (Corvus
brachyrhynchos) -- -- 96
(1)
18 (1)
14 (1) --
Common Raven (Corvus
corax) -- -- -- 3
(1) -- --
Chestnut-backed Chickadee
(Poecile rufescens) -- -- 6
(1)
1 (1)
1 (1) --
Oak Titmouse (Baeolophus
inornatus)
1 (1) -- 1
(1)
1 (1)
1 (1) --
Bushtit (Psaltriparus minimus) 5
(1) -- 12
(1)
21 (1)
12 (1) --
Brown Creeper (Certhia
americana) -- -- 1
(1)
2 (1) -- --
House Wren (Troglodytes
aedon)
1 (1) -- -- -- -- --
Marsh Wren (Cistothorus
palustris)
9 (1) -- 2
(1)
5 (1)
1 (1) --
Bewick's Wren (Thryomanes
bewickii) -- -- -- 5
(1)
2 (1) --
Golden-crowned Kinglet
(Regulus satrapa)
1 (1) -- -- -- -- --
Ruby-crowned Kinglet
(Regulus calendula)
1 (1) -- 4
(1)
13 (1)
5 (1) --
Hermit Thrush (Catharus
guttatus)
2 (1) -- -- -- -- --
Northern Mockingbird (Mimus
polyglottos) -- -- -- 1
(1)
1 (1) --
European Starling (Sturnus
vulgaris) -- -- 9
(1)
8 (1) -- --
Cedar Waxwing (Bombycilla
cedrorum)
30 (1) -- -- 1
(1) -- --
Common Yellowthroat
(Geothlypis trichas)
8 (1) -- 5
(1)
2 (1)
4 (1) --
Palm Warbler (Setophaga
palmarum) -- -- -- 1
(1) -- --
Yellow-rumped Warbler
(Setophaga coronata)
30 (1) -- 21
(1)
18 (1)
6 (1) --
Townsend's Warbler
(Setophaga townsendi)
3 (1) -- 4
(1)
3 (1)
2 (1) --
Dark-eyed Junco (Junco
hyemalis)
2 (1) -- -- 1
(1)
2 (1) --
White-crowned Sparrow
(Zonotrichia leucophrys)
95 (1) -- 86
(1)
114
(1)
60 (1) --
Golden-crowned Sparrow
(Zonotrichia atricapilla)
20 (1) -- 9
(1)
27 (1)
31 (1) --
Song Sparrow (Melospiza
melodia)
12 (1) -- 11
(1)
16 (1)
5 (1) --
Lincoln's Sparrow (Melospiza
lincolnii) -- -- 2
(1)
6 (1)
2 (1) --
Detailed Month Report http://ebird.org/ebird/ca/eBirdReports 3 of 4 1/4/2016 12:52 PM

26.79 California Towhee (Melozone
crissalis)
4 (1) -- 3
(1)
1 (1)
2 (1) --
Brewer's Blackbird (Euphagus
cyanocephalus)
1 (1) -- -- 6
(1) -- --
Great-tailed Grackle
(Quiscalus mexicanus)
2 (1) -- -- -- -- --
House Finch (Haemorhous
mexicanus)
24 (1) -- 87
(1)
53 (1)
7 (1) --
Purple Finch (Haemorhous
purpureus)
1 (1) -- -- -- -- --
Red Crossbill (Loxia
curvirostra) -- -- -- 15
(1) -- --
Pine Siskin (Spinus pinus) 10
(1) -- -- 29
(1) -- --
Lesser Goldfinch (Spinus
psaltria)
5 (1) -- -- 4
(1)
12 (1) --
American Goldfinch (Spinus
tristis)
20 (1) -- 4
(1)
25 (1)
2 (1) --
House Sparrow (Passer
domesticus)
4 (1) -- 4
(1)
7 (1)
3 (1) --
Detailed Month Report http://ebird.org/ebird/ca/eBirdReports 4 of 4 1/4/2016 12:52 PM

26.80 Appendix B.

Ebird Data Plots
KEC 2015 Results
&
Full Ebird Dataset of All Recorded Observations
for
San Lorenzo River within Santa Cruz

26.81 Home About Submit Observations Explore Data My eBird Help Hello Gary Kittleson (GaryKitt) | Preferences | Sign Out For
[ San Lorenzo River (within Santa Cruz) ]
103 species (+6 other taxa)
« Start Over
Date Range:
8/1 - 11/30, 2015-2015 Separate Years
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
Canada Goose (Branta canadensis) MAP
Mallard (Anas platyrhynchos) MAP
Bufflehead (Bucephala albeola) MAP
Common Goldeneye (Bucephala
clangula) MAP
Common Merganser (Mergus
merganser) MAP
Ruddy Duck (Oxyura jamaicensis) MAP
Pied-billed Grebe (Podilymbus
podiceps) MAP
Horned Grebe (Podiceps auritus) MAP
Eared Grebe (Podiceps nigricollis) MAP
Double-crested Cormorant
(Phalacrocorax auritus) MAP
Pelagic Cormorant (Phalacrocorax
pelagicus) MAP
Brown Pelican (Pelecanus
occidentalis) MAP
Great Blue Heron (Ardea herodias) MAP
Great Egret (Ardea alba) MAP
Snowy Egret (Egretta thula) MAP
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
Green Heron (Butorides virescens) MAP
Black-crowned Night-Heron
(Nycticorax nycticorax) MAP
Turkey Vulture (Cathartes aura) MAP
Osprey (Pandion haliaetus) MAP
Sharp-shinned Hawk (Accipiter
striatus) MAP
Cooper's Hawk (Accipiter cooperii) MAP
Red-shouldered Hawk (Buteo
lineatus) MAP
Language
Explore Data http://ebird.org/ebird/ca/GuideMe?src=changeDate&getLocations=myL... 1 of 4 12/30/2015 2:55 PM

26.82 103 species (+6 other taxa) Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Red-tailed Hawk (Buteo
jamaicensis) MAP
Virginia Rail (Rallus limicola) MAP
Sora (Porzana carolina) MAP
Common Gallinule (Gallinula
galeata) MAP
American Coot (Fulica americana) MAP
Killdeer (Charadrius vociferus) MAP
Spotted Sandpiper (Actitis
macularius) MAP
Wilson's Snipe (Gallinago delicata) MAP
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
Red-necked Phalarope (Phalaropus
lobatus) MAP
Heermann's Gull (Larus heermanni) MAP
Mew Gull (Larus canus) MAP
Ring-billed Gull (Larus
delawarensis) MAP
Western Gull (Larus occidentalis) MAP
California Gull (Larus californicus) MAP
Herring Gull (Larus argentatus) MAP
Thayer's Gull (Larus thayeri) MAP
Glaucous-winged Gull (Larus
glaucescens) MAP
Larus sp. (Larus sp.) MAP
gull sp. (Larinae sp.) MAP
Elegant Tern (Thalasseus elegans) MAP
Rock Pigeon (Columba livia) MAP
Eurasian Collared-Dove
(Streptopelia decaocto) MAP
Mourning Dove (Zenaida macroura) MAP
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
Anna's Hummingbird (Calypte
anna) MAP
Rufous/Allen's Hummingbird
(Selasphorus rufus/sasin) MAP
hummingbird sp. (Trochilidae sp.) MAP
Belted Kingfisher (Megaceryle
alcyon) MAP
Downy Woodpecker (Picoides
pubescens) MAP
Merlin (Falco columbarius) MAP
Peregrine Falcon (Falco peregrinus) MAP
Black Phoebe (Sayornis nigricans) MAP
Say's Phoebe (Sayornis saya) MAP
Tropical Kingbird (Tyrannus
melancholicus) MAP
Explore Data http://ebird.org/ebird/ca/GuideMe?src=changeDate&getLocations=myL... 2 of 4 12/30/2015 2:55 PM

26.83 103 species (+6 other taxa) Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Warbling Vireo (Vireo gilvus) MAP
Steller's Jay (Cyanocitta stelleri) MAP
Western Scrub-Jay (Aphelocoma
californica) MAP
American Crow (Corvus
brachyrhynchos) MAP
Common Raven (Corvus corax) MAP
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
Barn Swallow (Hirundo rustica) MAP
Chestnut-backed Chickadee (Poecile
rufescens) MAP
Oak Titmouse (Baeolophus
inornatus) MAP
Bushtit (Psaltriparus minimus) MAP
Red-breasted Nuthatch (Sitta
canadensis) MAP
Brown Creeper (Certhia americana) MAP
House Wren (Troglodytes aedon) MAP
Marsh Wren (Cistothorus palustris) MAP
Bewick's Wren (Thryomanes
bewickii) MAP
Golden-crowned Kinglet (Regulus
satrapa) MAP
Ruby-crowned Kinglet (Regulus
calendula) MAP
Hermit Thrush (Catharus guttatus) MAP
Northern Mockingbird (Mimus
polyglottos) MAP
European Starling (Sturnus
vulgaris) MAP
Cedar Waxwing (Bombycilla
cedrorum) MAP
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
Tennessee Warbler (Oreothlypis
peregrina) MAP
Orange-crowned Warbler
(Oreothlypis celata) MAP
Common Yellowthroat (Geothlypis
trichas) MAP
Yellow Warbler (Setophaga
petechia) MAP
Palm Warbler (Setophaga
palmarum) MAP
Yellow-rumped Warbler (Setophaga
coronata) MAP
Black-throated Gray Warbler
(Setophaga nigrescens) MAP
Townsend's Warbler (Setophaga
townsendi) MAP
Wilson's Warbler (Cardellina pusilla) MAP
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26.84 103 species (+6 other taxa)
KEY:| = insufficient data | = rare to widespread Download Histogram Data Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
warbler sp. (Parulidae sp.)
(Parulidae sp.) MAP
Chipping Sparrow (Spizella
passerina) MAP
Fox Sparrow (Passerella iliaca) MAP
Dark-eyed Junco (Junco hyemalis) MAP
White-crowned Sparrow
(Zonotrichia leucophrys) MAP
Golden-crowned Sparrow
(Zonotrichia atricapilla) MAP
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
Savannah Sparrow (Passerculus
sandwichensis) MAP
Song Sparrow (Melospiza melodia) MAP
Lincoln's Sparrow (Melospiza
lincolnii) MAP
California Towhee (Melozone
crissalis) MAP
Spotted Towhee (Pipilo maculatus) MAP
sparrow sp. (Emberizidae sp.
(sparrow sp.)) MAP
Black-headed Grosbeak (Pheucticus
melanocephalus) MAP
Red-winged Blackbird (Agelaius
phoeniceus) MAP
Western Meadowlark (Sturnella
neglecta) MAP
Brewer's Blackbird (Euphagus
cyanocephalus) MAP
Great-tailed Grackle (Quiscalus
mexicanus) MAP
Brown-headed Cowbird (Molothrus
ater) MAP
House Finch (Haemorhous
mexicanus) MAP
Purple Finch (Haemorhous
purpureus) MAP
Red Crossbill (Loxia curvirostra) MAP
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
Pine Siskin (Spinus pinus) MAP
Lesser Goldfinch (Spinus psaltria) MAP
American Goldfinch (Spinus tristis) MAP
House Sparrow (Passer domesticus) MAP
© Cornell Lab of Ornithology | Contact | FAQ
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26.85 Home About Submit Observations Explore Data My eBird Help Hello Gary Kittleson (GaryKitt) | Preferences | Sign Out For
[ San Lorenzo River (within Santa Cruz) ]
202 species (+26 other taxa)
« Hotspot Explorer
Date Range:
1/1 - 12/31, 1900-2016 Combine Years
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
Greater White-fronted Goose (Anser
albifrons) MAP
Ross's Goose (Chen rossii) MAP
Cackling Goose (Branta hutchinsii) MAP
Canada Goose (Branta canadensis) MAP
Wood Duck (Aix sponsa) MAP
Mallard (Anas platyrhynchos) MAP
Mallard (Domestic type) (Anas
platyrhynchos (Domestic type)) MAP
Northern Shoveler (Anas clypeata) MAP
Northern Pintail (Anas acuta) MAP
Green-winged Teal (Anas crecca) MAP
Ring-necked Duck (Aythya collaris) MAP
Greater Scaup (Aythya marila) MAP
Lesser Scaup (Aythya affinis) MAP
Greater/Lesser Scaup (Aythya
marila/affinis) MAP
Surf Scoter (Melanitta perspicillata) MAP
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
Bufflehead (Bucephala albeola) MAP
Common Goldeneye (Bucephala
clangula) MAP
Hooded Merganser (Lophodytes
cucullatus) MAP
Common Merganser (Mergus
merganser) MAP
Red-breasted Merganser (Mergus
serrator) MAP
Ruddy Duck (Oxyura jamaicensis) MAP
duck sp. (Anatinae sp.) MAP
Red-throated Loon (Gavia stellata) MAP
Language
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26.86 202 species (+26 other taxa) Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Pacific Loon (Gavia pacifica) MAP
Common Loon (Gavia immer) MAP
Pied-billed Grebe (Podilymbus
podiceps) MAP
Horned Grebe (Podiceps auritus) MAP
Eared Grebe (Podiceps nigricollis) MAP
Western Grebe (Aechmophorus
occidentalis) MAP
Clark's Grebe (Aechmophorus
clarkii) MAP
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
Western/Clark's Grebe
(Aechmophorus occidentalis/clarkii) MAP
Brandt's Cormorant (Phalacrocorax
penicillatus) MAP
Double-crested Cormorant
(Phalacrocorax auritus) MAP
Pelagic Cormorant (Phalacrocorax
pelagicus) MAP
cormorant sp. (Phalacrocorax sp.) MAP
Brown Pelican (Pelecanus
occidentalis) MAP
American Bittern (Botaurus
lentiginosus) MAP
Great Blue Heron (Ardea herodias) MAP
Great Egret (Ardea alba) MAP
Snowy Egret (Egretta thula) MAP
Green Heron (Butorides virescens) MAP
Black-crowned Night-Heron
(Nycticorax nycticorax) MAP
Turkey Vulture (Cathartes aura) MAP
Osprey (Pandion haliaetus) MAP
White-tailed Kite (Elanus leucurus) MAP
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
Northern Harrier (Circus cyaneus) MAP
Sharp-shinned Hawk (Accipiter
striatus) MAP
Cooper's Hawk (Accipiter cooperii) MAP
Accipiter sp. (Accipiter sp.) MAP
Red-shouldered Hawk (Buteo
lineatus) MAP
Red-tailed Hawk (Buteo
jamaicensis) MAP
Buteo sp. (Buteo sp.) MAP
hawk sp. (Accipitridae sp.) MAP
Virginia Rail (Rallus limicola) MAP
Sora (Porzana carolina) MAP
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26.87 202 species (+26 other taxa) Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Common Gallinule (Gallinula
galeata) MAP
American Coot (Fulica americana) MAP
Black-necked Stilt (Himantopus
mexicanus) MAP
American Avocet (Recurvirostra
americana) MAP
Black-bellied Plover (Pluvialis
squatarola) MAP
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
Semipalmated Plover (Charadrius
semipalmatus) MAP
Killdeer (Charadrius vociferus) MAP
Spotted Sandpiper (Actitis
macularius) MAP
Solitary Sandpiper (Tringa solitaria) MAP
Greater Yellowlegs (Tringa
melanoleuca) MAP
Willet (Tringa semipalmata) MAP
Whimbrel (Numenius phaeopus) MAP
Long-billed Curlew (Numenius
americanus) MAP
Marbled Godwit (Limosa fedoa) MAP
Black Turnstone (Arenaria
melanocephala) MAP
Surfbird (Calidris virgata) MAP
Sanderling (Calidris alba) MAP
Dunlin (Calidris alpina) MAP
Least Sandpiper (Calidris minutilla) MAP
Western Sandpiper (Calidris mauri) MAP
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
peep sp. (Calidris sp. (peep sp.)) MAP
Short-billed Dowitcher
(Limnodromus griseus) MAP
Long-billed Dowitcher
(Limnodromus scolopaceus) MAP
Wilson's Snipe (Gallinago delicata) MAP
Red-necked Phalarope (Phalaropus
lobatus) MAP
Pigeon Guillemot (Cepphus
columba) MAP
Bonaparte's Gull (Chroicocephalus
philadelphia) MAP
Little Gull (Hydrocoloeus minutus) MAP
Heermann's Gull (Larus heermanni) MAP
Mew Gull (Larus canus) MAP
Ring-billed Gull (Larus
delawarensis) MAP
Explore Data http://ebird.org/ebird/ca/GuideMe?cmd=decisionPage&getLocations=ho... 3 of 8 1/4/2016 1:54 PM

26.88 202 species (+26 other taxa) Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Western Gull (Larus occidentalis) MAP
California Gull (Larus californicus) MAP
Herring Gull (Larus argentatus) MAP
Thayer's Gull (Larus thayeri) MAP
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
Glaucous-winged Gull (Larus
glaucescens) MAP
Western x Glaucous-winged Gull
(hybrid) (Larus occidentalis x
glaucescens)
MAP
Herring x Glaucous-winged Gull
(hybrid) (Larus argentatus x
glaucescens)
MAP
Glaucous Gull (Larus hyperboreus) MAP
Herring x Glaucous Gull (hybrid)
(Larus argentatus x hyperboreus) MAP
Larus sp. (Larus sp.) MAP
gull sp. (Larinae sp.) MAP
Caspian Tern (Hydroprogne caspia) MAP
Elegant Tern (Thalasseus elegans) MAP
Black Skimmer (Rynchops niger) MAP
Rock Pigeon (Columba livia) MAP
Band-tailed Pigeon (Patagioenas
fasciata) MAP
Eurasian Collared-Dove
(Streptopelia decaocto) MAP
Mourning Dove (Zenaida macroura) MAP
Great Horned Owl (Bubo
virginianus) MAP
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
Vaux's Swift (Chaetura vauxi) MAP
Anna's Hummingbird (Calypte
anna) MAP
Rufous Hummingbird (Selasphorus
rufus) MAP
Allen's Hummingbird (Selasphorus
sasin) MAP
Rufous/Allen's Hummingbird
(Selasphorus rufus/sasin) MAP
hummingbird sp. (Trochilidae sp.) MAP
Belted Kingfisher (Megaceryle
alcyon) MAP
Acorn Woodpecker (Melanerpes
formicivorus) MAP
Red-breasted Sapsucker
(Sphyrapicus ruber) MAP
Nuttall's Woodpecker (Picoides
nuttallii) MAP
Explore Data http://ebird.org/ebird/ca/GuideMe?cmd=decisionPage&getLocations=ho... 4 of 8 1/4/2016 1:54 PM

26.89 202 species (+26 other taxa) Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Downy Woodpecker (Picoides
pubescens) MAP
Hairy Woodpecker (Picoides
villosus) MAP
Downy/Hairy Woodpecker (Picoides
pubescens/villosus) MAP
Northern Flicker (Colaptes auratus) MAP
American Kestrel (Falco sparverius) MAP
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
Merlin (Falco columbarius) MAP
Peregrine Falcon (Falco peregrinus) MAP
falcon sp. (Falco sp.) MAP
Olive-sided Flycatcher (Contopus
cooperi) MAP
Western Wood-Pewee (Contopus
sordidulus) MAP
Hammond's Flycatcher (Empidonax
hammondii) MAP
Pacific-slope Flycatcher (Empidonax
difficilis) MAP
Black Phoebe (Sayornis nigricans) MAP
Eastern Phoebe (Sayornis phoebe) MAP
Say's Phoebe (Sayornis saya) MAP
Vermilion Flycatcher (Pyrocephalus
rubinus) MAP
Dusky-capped Flycatcher
(Myiarchus tuberculifer) MAP
Ash-throated Flycatcher (Myiarchus
cinerascens) MAP
Tropical Kingbird (Tyrannus
melancholicus) MAP
Western Kingbird (Tyrannus
verticalis) MAP
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
Eastern Kingbird (Tyrannus
tyrannus) MAP
Loggerhead Shrike (Lanius
ludovicianus) MAP
Plumbeous Vireo (Vireo plumbeus) MAP
Hutton's Vireo (Vireo huttoni) MAP
Warbling Vireo (Vireo gilvus) MAP
Steller's Jay (Cyanocitta stelleri) MAP
Western Scrub-Jay (Aphelocoma
californica) MAP
American Crow (Corvus
brachyrhynchos) MAP
Common Raven (Corvus corax) MAP
Northern Rough-winged Swallow
(Stelgidopteryx serripennis) MAP
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26.90 202 species (+26 other taxa) Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Tree Swallow (Tachycineta bicolor) MAP
Violet-green Swallow (Tachycineta
thalassina) MAP
Barn Swallow (Hirundo rustica) MAP
Cliff Swallow (Petrochelidon
pyrrhonota) MAP
swallow sp. (Hirundinidae sp.) MAP
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
Chestnut-backed Chickadee (Poecile
rufescens) MAP
Oak Titmouse (Baeolophus
inornatus) MAP
Bushtit (Psaltriparus minimus) MAP
Red-breasted Nuthatch (Sitta
canadensis) MAP
Pygmy Nuthatch (Sitta pygmaea) MAP
Brown Creeper (Certhia americana) MAP
House Wren (Troglodytes aedon) MAP
Marsh Wren (Cistothorus palustris) MAP
Bewick's Wren (Thryomanes
bewickii) MAP
Golden-crowned Kinglet (Regulus
satrapa) MAP
Ruby-crowned Kinglet (Regulus
calendula) MAP
Swainson's Thrush (Catharus
ustulatus) MAP
Hermit Thrush (Catharus guttatus) MAP
American Robin (Turdus
migratorius) MAP
Varied Thrush (Ixoreus naevius) MAP
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
California Thrasher (Toxostoma
redivivum) MAP
Northern Mockingbird (Mimus
polyglottos) MAP
European Starling (Sturnus
vulgaris) MAP
American Pipit (Anthus rubescens) MAP
Cedar Waxwing (Bombycilla
cedrorum) MAP
Northern Waterthrush (Parkesia
noveboracensis) MAP
Black-and-white Warbler (Mniotilta
varia) MAP
Tennessee Warbler (Oreothlypis
peregrina) MAP
Orange-crowned Warbler
(Oreothlypis celata) MAP
Explore Data http://ebird.org/ebird/ca/GuideMe?cmd=decisionPage&getLocations=ho... 6 of 8 1/4/2016 1:54 PM

26.91 202 species (+26 other taxa) Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Nashville Warbler (Oreothlypis
ruficapilla) MAP
Common Yellowthroat (Geothlypis
trichas) MAP
Yellow Warbler (Setophaga
petechia) MAP
Palm Warbler (Setophaga
palmarum) MAP
Yellow-rumped Warbler (Setophaga
coronata) MAP
Black-throated Gray Warbler
(Setophaga nigrescens) MAP
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
Townsend's Warbler (Setophaga
townsendi) MAP
Hermit Warbler (Setophaga
occidentalis) MAP
Wilson's Warbler (Cardellina pusilla) MAP
warbler sp. (Parulidae sp.)
(Parulidae sp.) MAP
Grasshopper Sparrow
(Ammodramus savannarum) MAP
Chipping Sparrow (Spizella
passerina) MAP
Clay-colored Sparrow (Spizella
pallida) MAP
Lark Sparrow (Chondestes
grammacus) MAP
Fox Sparrow (Passerella iliaca) MAP
Dark-eyed Junco (Junco hyemalis) MAP
White-crowned Sparrow
(Zonotrichia leucophrys) MAP
Golden-crowned Sparrow
(Zonotrichia atricapilla) MAP
White-throated Sparrow
(Zonotrichia albicollis) MAP
Vesper Sparrow (Pooecetes
gramineus) MAP
Savannah Sparrow (Passerculus
sandwichensis) MAP
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
Song Sparrow (Melospiza melodia) MAP
Lincoln's Sparrow (Melospiza
lincolnii) MAP
Swamp Sparrow (Melospiza
georgiana) MAP
California Towhee (Melozone
crissalis) MAP
Spotted Towhee (Pipilo maculatus) MAP
sparrow sp. (Emberizidae sp.
(sparrow sp.)) MAP
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26.92 202 species (+26 other taxa)
KEY:| = insufficient data | = rare to widespread Download Histogram Data Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
Western Tanager (Piranga
ludoviciana) MAP
Rose-breasted Grosbeak
(Pheucticus ludovicianus) MAP
Black-headed Grosbeak (Pheucticus
melanocephalus) MAP
Lazuli Bunting (Passerina amoena) MAP
Indigo Bunting (Passerina cyanea) MAP
Lazuli/Indigo Bunting (Passerina
amoena/cyanea) MAP
Passerina sp. (Passerina sp.) MAP
Red-winged Blackbird (Agelaius
phoeniceus) MAP
Western Meadowlark (Sturnella
neglecta) MAP
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
Brewer's Blackbird (Euphagus
cyanocephalus) MAP
Common Grackle (Quiscalus
quiscula) MAP
Great-tailed Grackle (Quiscalus
mexicanus) MAP
Brown-headed Cowbird (Molothrus
ater) MAP
Hooded Oriole (Icterus cucullatus) MAP
Bullock's Oriole (Icterus bullockii) MAP
blackbird sp. (Icteridae sp.) MAP
Brambling (Fringilla montifringilla) MAP
House Finch (Haemorhous
mexicanus) MAP
Purple Finch (Haemorhous
purpureus) MAP
House/Purple Finch (Haemorhous
mexicanus/purpureus) MAP
Red Crossbill (Loxia curvirostra) MAP
Pine Siskin (Spinus pinus) MAP
Lesser Goldfinch (Spinus psaltria) MAP
American Goldfinch (Spinus tristis) MAP
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
Spinus sp. (goldfinch sp.) (Spinus
sp. (goldfinch sp.)) MAP
Evening Grosbeak (Coccothraustes
vespertinus) MAP
House Sparrow (Passer domesticus) MAP
© Cornell Lab of Ornithology | Contact | FAQ
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26.93 1
Rosemary Balsley
From: Melodee Kistner <[email protected]>
Sent: Monday, December 12, 2022 1:02 PM
To: City Council
Subject: River levee vegetation decision
Dear Santa Cruz City Councilmembers,
The San Lorenzo River matters.

I urge you to approve Item #26 the San Lorenzo Flood Control Project Federal Emergency Management Agency Accreditation Vegetation Management Project, but with amendment.

It’s important that we pass this item so that our neighbors can continue to receive the discounted flood insurance that FEMA accreditation provides. Yet, there is an opportunity in front of you to benefit both flood protection andhabitat with these proposed changes. I am writing today to request your support in:

1. Move this item #26 from the consent agenda to allow for public comment and discussion prior to a vote.

3. Direct Public Works staff to prioritize ecological competencies in the scope of work for contractor bids.

Thank you for your consideration and support.

Melodee Kistner,
Santa Cruz resident

26.94 1
Rosemary Balsley
From: Michael Keenan <[email protected]>
Sent: Monday, December 12, 2022 1:18 PM
To: City Council
Subject: Our San Lorenzo River ~~~ Item #26
Hello Santa Cruz City Councilmembers,
For me and my family, for over 40 years, the San Lorenzo River is the best nature preserve in the county! I urge you to approve Item #26 the San Lorenzo Flood Control Project Federal Emergency Management Agency Accreditation Vegetation Management Project, but with amendment.

Move this item #26 from the consent agenda to allow for public comment and discussion prior to a vote.

Direct Public Works staff to prioritize ecological competencies in the scope of work for contractor bids.

Thank you for your consideration and support.

Michael Keenan
Santa Cruz, California

26.95 1
Rosemary Balsley
From: Bar Lowenberg <[email protected]>
Sent: Monday, December 12, 2022 1:26 PM
To: City Council
Subject: please follow recommendations of Coastal Watershed Council I am asking the Santa Cruz City Council to:

1. Move this item #26 from the consent agenda to allow for public comment and discussion prior to a vote.

3. Direct Public Works staff to prioritize ecological competencies in the scope of work for contractor bids.

Thank you,
Bar Lowenberg
402 Lincoln St.

Santa Cruz, CA 95060

26.96 1
Rosemary Balsley
From: Larry Kistner <[email protected]>
Sent: Monday, December 12, 2022 1:31 PM
To: City Council
Subject: River levee vegetation issue
Dear Santa Cruz City Councilmembers,
The San Lorenzo River matters.

I urge you to approve Item #26 the San Lorenzo Flood Control Project Federal Emergency Management Agency Accreditation Vegetation Management Project, but with amendment.

It’s important that we pass this item so that our neighbors can continue to receive the discounted flood insurance that FEMA accreditation provides. Yet, there is an opportunity in front of you to benefit both flood protection andhabitat with these proposed changes. I am writing today to request your support in:

1. Move this item #26 from the consent agenda to allow for public comment and discussion prior to a vote.

3. Direct Public Works staff to prioritize ecological competencies in the scope of work for contractor bids.

Thank you for your consideration and support.

Larry Kistner,
Santa Cruz resident

26.97 1
Rosemary Balsley
From: Mark Sordo <[email protected]>
Sent: Monday, December 12, 2022 1:34 PM
To: City Council
Subject: San Lorenzo Flood Control Project
Dear Santa Cruz City Councilmembers,
The San Lorenzo River matters. [TELL YOUR LEADERS WHY THE RIVER MATTERS TO YOU!] I urge you to approve Item #26 the San Lorenzo Flood Control Project Federal Emergency Management Agency Accreditation Vegetation Management Project, but with amendment.

1. Move this item #26 from the consent agenda to allow for public comment and discussion prior to a vote.

3. Direct Public Works staff to prioritize ecological competencies in the scope of work for contractor bids.

Thank you for your consideration and support.

Mark Sordo
Sent from my iPhone

26.98 1
Rosemary Balsley
From: Donna Ramos <[email protected]>
Sent: Monday, December 12, 2022 1:59 PM
To: City Council
Subject: Coastal Watershed Council
Dear City Council members,
Given we have an engaged and active Watershed Council working in Santa Cruz, it makes sense to me that we accept their following recommendations:

1. Move this item #26 from the consent agenda to allow for public comment and discussion

2. Amend Appendix A of the San Lorenzo Flood Control Project Federal Emergency Manag protections for existing habitat and vegetation.

3. Direct Public Works staff to prioritize ecological competencies in the scope of work for co Thank you for your consideration,
Donna Ramos
831 419-8500

26.99 1
Rosemary Balsley
From: Alec Webster <[email protected]>
Sent: Monday, December 12, 2022 2:14 PM
To: City Council
Subject: Item 26
Please remove item 26 from the consent agenda and put into the public agenda for open discussion.

Please take the Coastal Watershed Council's recommendations under consideration.

Alec Webster and claudia webster...

26.100
1 Rosemary Balsley
From: Natasha Fraley <[email protected]>
Sent: Monday, December 12, 2022 2:15 PM
To: City Council; Nathan Nguyen; Matt Huffaker
Subject: SanL orenzo River project
Please halt the bidding process (prematurely scheduled for January 10, 2023) on a contract which would drastically interrupt the current restoration process on the San Lorenzo River levee . We must move slowly and deliberately regarding the critical environmental importance of the urban river and its wildlife and wildlife habitat. There has not been adequate time for public input and discussion on this drastic step.

Many local groups have worked hard on habitat restoration which has multiple benefits. Why would the city undermine those efforts? The river is a life line with so much potential.

This item needs to be pulled from the consent agenda and set aside for further public discussion.

Thanks,
Natasha Fraley
[email protected]

26.101
1 Rosemary Balsley
From: Charlene Clarke & Bill Barnes <[email protected]> Sent: Monday, December 12, 2022 2:22 PM
To: City Council
Subject: City Council meeting Dec 13 - letter re #26 re. San Lorenzo Flood Control Dear Councilmembers,
As an active birder in our community, I take great pride in introducing my neighbors and visiting friends to the natural wonders of our San Lorenzo River! Our community so enjoys its easy access to view and appreciate 122 local and migratory bird species along the river's 2 mile urban stretch - not to mention its rich and diverse insect, plant and animal populations that find food and shelter along its shoreline.

That's why I am writing to ask you to move ahead and approve item #26 regarding the San Lorenzo Flood Control Project FEMA's Accreditation Vegetation Management Project but with very specific amendments.

1. Move item #26 from the consent agenda to allow for public comment and discussion prior to a vote.

2. Amend Appendix A of the San Lorenzo Flood Control Project document to provide stronger protections for existing vegetation and natural habitat.

3. Direct Public Works staff to require a proven track record in the ecological scope of work required by this project in the selection of any and all contractors.

Thanks,
Charlene Clarke
227 Oregon Street
Bill Barnes & Charlene Clarke
Steamer Lane Cottage
227 Oregon Street
Santa Cruz, CA 95060
[email protected]

26.102
1 Rosemary Balsley
From: Danielle Cruz <[email protected]>
Sent: Monday, December 12, 2022 2:23 PM
To: City Council
Subject: San Lorenzo River Levee
Dear Santa Cruz City Councilmembers,
The San Lorenzo River matters!
I urge you to approve Item #26 the San Lorenzo Flood Control Project Federal Emergency Management Agency Accreditation Vegetation Management Project, but with amendment.

1. Move this item #26 from the consent agenda to allow for public comment and discussion prior to a vote.

3. Direct Public Works staff to prioritize ecological competencies in the scope of work for contractor bids.

Thank you for your consideration and support.

Danielle Cruz

26.103
1 Rosemary Balsley
From: Michael Levy <[email protected]>
Sent: Monday, December 12, 2022 2:36 PM
To: City Council
Cc: Nathan Nguyen; Matt Huffaker
Subject: San Lorenzo river levee vegetation
City Councilmembers,
I am writing to ask that you ensure that local environmental protection groups (Native Plant Society, Sierra Club, etc. and not just the Coastal Watershed Council) be brought into a discussion of plans to alter the vegetation on the San Lorenzo River Levee.

You may be aware that for decades, community groups and City leaders have worked with the Corps of Engineers and relevant City planners to improve the habitat along the river, leading to wonderful improvements in native vegetation. Before changing the plan, it is imperative that those concerned with the habitat needs be consulted.

This may mean pushing back the date of implementation.

This is obviously a complex issue involving the burdensome expense of flood insurance and FEMA requirements. We should explore possible variances available in the FEMA rules. In the deliberations, the habitat needs should not be subordinated to the financial pressures of the moment. The planet is full of the terrible results of that kind of thinking.

With appreciation,
Michael Levy
Downtown Resident
Michael Levy
2120 N Pacific Ave Spc 45
Santa Cruz, CA 95060
408-458-3566

26.104
1 Rosemary Balsley
From: Rachel O'Malley <[email protected]>
Sent: Monday, December 12, 2022 2:45 PM
To: City Council
Subject: Please reschedule item #26 on 12/13/2022 SC City Council Agenda Dear Mayor and City Council,
Regarding item #26 on the 12/13/2022 Santa Cruz City Council Agenda, I respectfully request that Councilmembers:

1. direct city staff to meet and consult with local stakeholders (including but not limited to representatives of the Santa Cruz Chapter of the California Native Plant Society, the Santa Cruz Bird Club, and the Coastal Watershed Council) to identify and incorporate adequate environmental/habitat protection that can be reasonably included in the levee management scope of work, and

2. postpone and reschedule consideration of any other Council decisions related to this agenda item until after the staff has completed this consultation.

Thanks for your consideration.

Warm regards,
Rachel O'Malley
123 Green Street
Santa Cruz, CA 95060

26.105
1 Rosemary Balsley
From: Linda Brodman <[email protected]>
Sent: Monday, December 12, 2022 2:59 PM
To: City Council
Cc: Matt Huffaker
Subject: Item #26 Consent Agenda, San Lorenzo River
Dear Councilmembers,
Please consider removal of the San Lorenzo River (Item #26) from the consent agenda until staff can meet and discuss this further, and necessary input is sought from ecological/biological experts, and community members.

Sincerely,
Linda Brodman

26.106
1 Rosemary Balsley
From: Alan Voegtlen <[email protected]>
Sent: Monday, December 12, 2022 3:06 PM
To: City Council
Subject: Vegetation management along the San Lorenzo River Dear members of the SC city council,
It has come to my attention that the council is thinking of implementing vegetation management measures along the San Lorenzo River that have not been discussed enough with experts. Please SLOW this process down and seek the advice and help of concerned and knowledgeable environmental groups as well as business owners. This is a critical wildlife habitat and it is crucial that wise and informed decisions be made as to its management. Please treat this wildlife corridor as the gem that it is for our city and do not make hasty decisions which lack input from those who can help you/us make prudent decisions.

Thank you for considering my request!
Sincerely, Alan Voegtlen

26.107
1 Rosemary Balsley
From: jan hill <[email protected]>
Sent: Monday, December 12, 2022 3:05 PM
To: City Council
Subject: San Lorenzo River Levy Maintenance
Dear Council Members,

Do not pass Item 26 without pubic input.

Residents of Santa Cruz like myself support maintaining as much biodiverse vegetation as is safe along the San Lorenzo Riverwalk. I bike from the Seabright Area to UCSC on this path about 5 days a week. I often carry binoculars and have seen birds ranging from Ospreys, Cooper’s Hawks and Great Blue Herons to Dark‐eyed Juncos and Yellow‐rumped Warblers.

Many of the birds I see are at the river because it provides food and/or vegetative cover for nesting or safety.

Do not allow our San Lorenzo to service only as a flood control channel.

Do not use your consent agenda to deal with the change in how the levy area is maintained. (Item 26). Allow pubic input from those of us who love the river to express why we want it to be maintained with the maximum amount of vegetative habitat that is safe.

Since the criteria for levy accreditation has not changed, there is no reason to push Item 26 though without public input. Prioritize ecological competencies in the documents that direct contractors working on land near the San Lorenzo River.

Move Item 26 to allow for public comment. Thank you for considering my ideas that will help wildlife and city residents.

Jan Hill
411 Effey St
Santa Cruz, CA 95062

26.108
1 Rosemary Balsley
From: Barbara Novelli <[email protected]>
Sent: Monday, December 12, 2022 3:09 PM
To: City Council
Subject: River Levee Vegetation Concerns
Dear Santa Cruz City Council members,
The San Lorenzo River matters. As a teacher in Santa Cruz City Schools for over 30 years, I worked with our local water department and other groups to develop curriculum for elementary school students that included the history and stewardship of our local San Lorenzo River and our watershed. Hundreds of students in our local district have learned that our river has been transformed from a concrete channel (circa 1950's, Army Corp of Engineers 'beautification' project after the floods) into a vibrant ecosystem that includes thriving populations of plants and animals. For the last few years many of our Bay View students have planted native plants as part of the Watershed Rangers program through Coastal Watershed Council. While we understand that there are federal regulations now that must be adhered to, I urge the council to investigate ways to keep as much of the essential vegetation as possible.

I urge you to approve Item #26 the San Lorenzo Flood Control Project Federal Emergency Management Agency Accreditation Vegetation Management Project, but with amendment.

It’s important that we pass this item so that our neighbors can continue to receive the discounted flood insurance that FEMA accreditation provides. However, there is an opportunity to benefit both flood protection and habitat with these proposed changes. I am writing today to request your support in:

1. Move this item #26 from the consent agenda to allow for public comment and discussion prior to a vote.

3. Direct Public Works staff to prioritize ecological competencies in the scope of work for contractor bids. Work with our local groups like the Coastal Watershed Council, founded, I believe, by council member Donna Meyers, to keep as much intact habitat and thriving ecosystem as possible.

Our Santa Cruz community has demonstrated that we value the natural beauty of our town, and that we are willing to take the time to thoroughly investigate how to balance the needs of our downtown infrastructure with sound ecological decisions about how our San Lorenzo River watershed will be impacted for generations.

I urge the council to investigate ways to keep as much of the essential vegetation as possible.

Thank you for your consideration and support.

Barbara Novelli

26.109
2 112 Laurent Street
Santa Cruz, California 95060
We must maintain all allowable vegetation along the San Lorenzo River, clearing only what is necessary to comply with this mandate and ensure the safety of our community.

1. Move this item #26 from the consent agenda to allow for public comment and discussion prior to a vote.

3. Direct Public Works staff to prioritize ecological competencies in the scope of work for contractor bids.

26.110
1 Rosemary Balsley
From: Bill Drulias <[email protected]>
Sent: Monday, December 12, 2022 3:19 PM
To: City Council
Subject: Consent calendar and Item 26
Council Members,
Do not pass Item 26 without pubic input.

Residents of Santa Cruz like myself support maintaining as much biodiverse vegetation as is safe along the San Lorenzo Riverwalk. I bike and walk from the Seabright Area to UCSC on this path about 5 days a week. I often carry binoculars to enjoy watching the water flow and have seen birds ranging from Ospreys, Cooper’s Hawks and Great Blue Herons to Dark-eyed Juncos and Yellow-rumped Warblers.

Many of the birds I see are at the river because it provides food and/or vegetative cover for nesting or safety. Do not allow our San Lorenzo to service only as a flood control channel.

Move Item 26 off the consent calendar and move it to allow for public comment. Thank you for considering my ideas that will help wildlife and city residents.

Bill Drulias
411 Effey St
Santa Cruz, CA 95062
Bill Drulias
WATER POLO . . . some field players spend an entire lifetime wondering if they made a difference, . . . a goalie doesn't have that problem.

26.111
1 Rosemary Balsley
From: Lira Filippini <[email protected]>
Sent: Monday, December 12, 2022 3:34 PM
To: City Council; Sonja Brunner; Martine Watkins; Donna Meyers; Shebreh KalantariJohnson; Renee Golder; Sandy Brown; Justin Cummings Subject: Agenda Item 26; 12/13/22; San Lorenzo River Habitat Dear Mayor and Council Elect,
It has come to my attention that the process in which the City is undertaking to secure lower insurance rates for levee stability and flooding is jeopardizing key riparian habitat along the San Lorenzo River.

I have volunteered with Jane Mio for the BEST (Benchlands Estuary Stewardship Team) project that she has partnered with the Parks and Recreation Department to implement. Spending time with her picking up trash and tending to the native plant species along the river constitutes a deep dive into the integral role that riparian corridor has on the natural environment of Santa Cruz, including many migratory bird species.

The level of disturbance and removal of habitat described in the program being proposed for agenda item 26 will dramatically damage the delicate ecosystem that depends on this nature corridor.

Though flood control and insurance is immensely important, there are other ways to achieve them without doing this amount of damage to what is meant to be a protected area.

Please do not clear such a dramatic amount of integral native vegetation, and follow the example of other municipalities that both protect riparian habitat while also acquiring the needed level of flood insurance for the safety of the neighboring areas.

Thank you for your thoughtful consideration,
Lira Filippini
130 Belvedere Terrace
Santa Cruz, CA 95062

26.112
1 Rosemary Balsley
From: Jeb Bishop <[email protected]>
Sent: Monday, December 12, 2022 3:37 PM
To: City Council
Subject: keep vegetation on the levees!
Dear Santa Cruz City Councilmembers,
Please keep all the vegetation possible on the San Lorenzo River levees. The native plants that CWC is planting is bringing back native habitat which benefits birds, fish, pollinators, and even we humans who need a healthy natural environment for us to be healthy. And a well-vegetated river makes for a beautiful focal point for the City. Please don’t take that away from us.

I urge you to approve Item #26 the San Lorenzo Flood Control Project Federal Emergency Management Agency Accreditation Vegetation Management Project, but with amendment.

1. Move this item #26 from the consent agenda to allow for public comment and discussion prior to a vote.

3. Direct Public Works staff to prioritize ecological competencies in the scope of work for contractor bids.

Thank you for your consideration and support.

Jeb Bishop
319 Brook Ave
Santa Cruz CA 95062

26.113
1 Rosemary Balsley
From: Mary Nelson <[email protected]>
Sent: Monday, December 12, 2022 3:43 PM
To: City Council
Subject: River Levee Management
The San Lorenzo River matters! It’s biodiversity is a tremendous asset to the city.

I urge you to approve item #26 but with an amendment.

There is an opportunity in front of you to benefit both flood protection and habitat. Please do the following:

1. Move item #26 from the Consent Agenda to allow for public comment before the vote.

2. Amend Appendix A to ensure stronger protection for existing habitat and vegetation.

3. Direct Public Works staff to prioritize ecological competencies in the scope of work for contractor bids.

Thank you.

Mary Nelson
1036 Cayuga St.

Sent from my iPad

26.114
1 Rosemary Balsley
From: Lance Sprague <[email protected]>
Sent: Monday, December 12, 2022 3:49 PM
To: City Council
Subject: San Lorenzo River Management
Dear Santa Cruz City Councilmembers,
The San Lorenzo River needs to be managed with an eye to flood management while providing healthy habitat for pollinators and food for birds, insects and fish.

Please approve Item #26 of the San Lorenzo Flood Control Project Federal Emergency Management Agency Accreditation Vegetation Management Project, but with amendment.

We have an opportunity to benefit both flood protection and habitat with these proposed changes. I am writing today to request your support in:
- Move item #26 from the consent agenda to allow for public comment and discussion prior to a vote.
- Amend Appendix A of the San Lorenzo Flood Control Project Federal Emergency Management Agency Accreditation Vegetation Management Project to ensure stronger protections for existing habitat and vegetation.
- Direct Public Works staff to prioritize ecological competencies in the scope of work for contractor bids.

Thank you for your consideration.

Lance Sprague
1036 Cayuga Street
Santa Cruz, CA 95062

26.115
1 Rosemary Balsley
From: Jane Mio <[email protected]>
Sent: Monday, December 12, 2022 3:50 PM
To: City Council
Subject: 12/13 Consent Agenda Item # 26
Attachments: 1213 City Council letter.pdf
Dear Mayor & City Council Members,
I thank you for considering my input for Consent Agenda Item # 26.

Best regards,
jane

26.116
Santa Cruz City Council
809 Center St.

Santa Cruz, Ca. 95060
Dear Mayor and City Council Members,
Subject:
12/13 City Council meeting ~ Consent Agenda Item #26: “San Lorenzo River Flood Control Project Federal Emergency Management Agency(FEMA) Accreditation Vegetation Management and Borrowing Rodent Mitigation Projects (c402112) - Authorization to Advertise and Award (PW)”
My decades long involvement with the San Lorenzo River warrant that I share my Program's environment and logistic concerns with you:
• The extend of the native vegetation removal, as planned for the FEMA Accreditation, has severe river habitat implications, which counter state & federal directions of fostering important river, wetland biodiversity.
• The available Supporting Documents don't supply details if or what variances were pursued with the Corps according to EP 1110-2-18 (Variance. A variance is a Corps-approved exemption from compliance with specific standards).
• The Supporting Documents don't mention if the FEMA Accreditation lead or the MBK Engineers conducted any Public outreach and/or consulted with Native Calif. Plant Society, Restoration groups.
• Based on previous experience with the Corps collaboration with the Corps have resulted in environmental and Corps policy win-win situation. Therefore it would be helpful to know if such negotiations took place.
• The FEMA Accreditation has to be completed by July 7, 2023 - 3 years after the July 7, 2020 US Army Corps of Engineers' notification. Yet Item # 26 aims to have the work completed by March 2023. In view of the considerable environment impact due to the the drastic vegetation removal It is advisable that the March completion date is revisited This would allow for variances explorations that would benefit all. EP 1110-2-18 states: 1-3.

Environmental Quality and Aesthetics. Environmental quality and aesthetics are of special concern. The design and maintenance of flood damage reduction systems must fully consider the environmental implications of the proposed actions and must ensure that they are consistent with the doctrine outlined in the Corps’ Environmental Operating Principles.

Project design should respond appropriately to the visual character of the project context with respect to the characteristics of both the natural and built landscapes. Landscape planting design should consider both human use and the environmental processes and characteristics of the entire area influenced by the project. While it is seldom feasible to preserve the natural setting intact, design techniques and careful construction methods can protect and perhaps enhance local environmental and aesthetic values. (1) Urban Levees.

Because levee projects have the potential to dominate these high visibility landscapes, planting is often desirable, particularly in high-visibility locations, such as at and along major thoroughfares, parks, and waterfront developments. • It is regrettable that the input of the Calif. Department of Fish and Wildlife and NOAA for major river vegetation reduction wasn't available under the Supporting Documents.

The Santa Cruz Community and the San Lorenzo River environment deserves to keep

1. vegetation carbon sequestering;

26.117

2. natural erosion control;

3. good air pollution control;

4. cooling effect thanks to vegetation;

5. rich biodiversity;

6. healthy quality of life that includes enjoyable Nature Resource's visuals.

Thank you for considering my concerns worthwhile to move Item 26 off the Consent Agenda to allow further deliberation on this important Program.

Sincerely,
Jane Mio
December 12, 2022

26.118
1 Rosemary Balsley
From: Lisa Lurie <[email protected]>
Sent: Monday, December 12, 2022 3:54 PM
To: City Council
Subject: San Lorenzo Flood Control Project FEMA Accreditation Vegetation Management Project
The Resource Conservation District of Santa Cruz County (RCD) works to inspire and assist the people and communities of Santa Cruz County to protect, conserve, and restore our natural resources. We have partnered with numerous land managers and stakeholder groups, including the City of Santa Cruz, to restore natural resources of the San Lorenzo River watershed for decades. We share the City’s commitment to serving the needs and safety of our community while protecting and enhancing natural resources and we appreciate the City’s willingness to work with entities like the RCD, the Coastal Watershed Council, and many others on finding balanced solutions. With regards to the San Lorenzo Flood Control Project FEMA Accreditation Vegetation Management Project, we understand the need to move this process forward to not penalize rate payers while also encouraging the City to continue to work with expert advisors to refine the scope of work to strengthen habitat protections without compromising safety. For example, required or desired contractor certifications could be added to demonstrate ecological competencies, such as Certified Ecological Restoration Practitioner (CERP), Certified Professional in Erosion and Sediment Control (CPESC), Certified Natural Resources Professional (CNRP) or completion of the Monterey Bay Certified Green Gardeners program. We believe win‐ wins can be achieved that meet the needs for FEMA certification while strengthening protections for native vegetation along the San Lorenzo River. The RCD stands ready to support the City and its partners in advising on ways to achieve this balance.

Lisa Lurie
Executive Director
Resource Conservation District of Santa Cruz County
820 Bay Avenue, Suite 136
Capitola, CA 95010
Office: 831‐464‐2950
Direct Line: 831‐205‐3397
[email protected]

26.119
1 Rosemary Balsley
From: Jan McGirk <[email protected]>
Sent: Monday, December 12, 2022 3:57 PM
To: Nathan Nguyen; Matt Huffaker; City Council
Subject: City council meeting- [SCPEL] Consent Agenda Item #26:

Dear city council people-

Let's explore POSSIBLE FEMA VARIANCES and protect the wildlife on San Lorenzo River. Why does the City want to undo decades of riverbank vegetation restoration based on an obscure FEMA regulation that seems contradictory to its purpose - better avoidance and management of flood risks? Riverbank vegetation restoration actually mitigates flood hazards. I urge the City to check in with the public, their environmental partners and the university. instead of doing this fix ASAP without exammining all the repercussions.

Sincerely,
Jan McGirk
Santa Cruz resident

26.120
1 Rosemary Balsley
From: Bruce Ashley <[email protected]>
Sent: Monday, December 12, 2022 4:07 PM
To: City Council
Subject: Item #26, Levee Vegetation
Dear City Council,
Was surprised to learn today that a plan to comply with FEMA requirements for vegetation management on the sides of the San Lorenzo river levees has been put on the consent agenda for tomorrow. Given how this plan will affect the health and appearance of the river I think the Council needs to provide time for the public to comment to avoid negative feelings and criticism. Further, to really be fair to the river itself, I think the council needs to hear suggestions to amend Appendix A to provide stronger protections for habitat and vegetation. Public Works and the Council don’t need to simply accept the engineering firm's recommendation without due diligence to the possibility of keeping as much of the plant community as possible and still fulfilling FEMA approval. I recall the many years when we cleared the river channel through town completely of vegetation only to learn that the whole riverbed moved downstream in a major flood event and the total removal was a waste of time. Is it possible that having all the trees on the levee cut to 4 feet in height and all the ground seeded with a monoculture is also unnecessary? Sincerely,
Bruce Ashley

26.121
1 Rosemary Balsley
From: Brennan Ladd <[email protected]>
Sent: Monday, December 12, 2022 4:10 PM
To: City Council
Subject: Item #26 - Levee for San Lorenzo River
Hello,
I'm writing regarding Item #26 on the agenda.
 Please move this item #26 from the consent agenda to allow for public comment and discussion prior to a vote.
 Amend Appendix A of the San Lorenzo Flood Control Project Federal Emergency Management Agency Accreditation Vegetation Management Project to ensure stronger protections for existing habitat and vegetation.
 Direct Public Works staff to prioritize ecological competencies in the scope of work for contractor bids.

We have all seen the resurgence and preservation of the levee's natural habitat with the help of our community and Coastal Watershed Council.

Please consider reviewing.

Brennan Ladd (he/him)
Santa Cruz - Retail Operations Lead
(714) 552-1070 | REI.com

26.122
1 Rosemary Balsley
From: Cece <[email protected]>
Sent: Monday, December 12, 2022 4:19 PM
To: City Council
Subject: San Lorenzo Flood Control Project
Dear Citicouncil,
Please amend the San Lorenzo Flood Control Project to include the following...

1. Move this item #26 from the consent agenda to allow for public comment and discussion prior to a vote.

3. Direct Public Works staff to prioritize ecological competencies in the scope of work for contractor bids.

Thank you,
Cece McNeil
Community Member

26.123
1 Rosemary Balsley
From: Aliza <[email protected]>
Sent: Monday, December 12, 2022 4:22 PM
To: City Council
Subject: River vegetation
Dear Santa Cruz City Councilmembers,
The San Lorenzo River matters. [TELL YOUR LEADERS WHY THE RIVER MATTERS TO YOU!] I urge you to approve Item #26 the San Lorenzo Flood Control Project Federal Emergency Management Agency Accreditation Vegetation Management Project, but with amendment.

1. Move this item #26 from the consent agenda to allow for public comment and discussion prior to a vote.

3. Direct Public Works staff to prioritize ecological competencies in the scope of work for contractor bids.

Thank you for your consideration and support.

Aliza Heckert
Sent from my iPhone

26.124
1 Rosemary Balsley
From: grace donatelli sordo <[email protected]>
Sent: Monday, December 12, 2022 4:26 PM
To: City Council
Subject: Levee
Dear Santa Cruz City Councilmembers,
The San Lorenzo River matters. We ride bikes along the river each week from the west side of SC to downtown.

The wild life and foliage along the river makes this route an attractive alternative way to access businesses in SC for locals and tourists. We take our granddaughter with us and teach her about the different habitats along the way.

I urge you to approve Item #26 the San Lorenzo Flood Control Project Federal Emergency Management Agency Accreditation Vegetation Management Project, but with amendment.

1. Move this item #26 from the consent agenda to allow for public comment and discussion prior to a vote.

3. Direct Public Works staff to prioritize ecological competencies in the scope of work for contractor bids.

Thank you for your consideration and support.

Grace Donatelli Sordo
Sent from my iPhone

26.125
1 Rosemary Balsley
From: Laurie Egan <[email protected]>
Sent: Monday, December 12, 2022 4:59 PM
To: City Council
Cc: Sonja Brunner
Subject: Agenda Item #26 Comment from Coastal Watershed Council Attachments: Agenda Item 26 - Coastal Watershed Council Comment 12_13_2022.pdf Dear Councilmembers,
The San Lorenzo River is not a flood control system above all else. The river is the sustaining force of our community providing drinking water to 100,000 residents, habitat for flora and fauna and a beautiful park in the heart of Santa Cruz’s downtown business district and diverse riverside neighborhoods.

The consequences of flooding along the river are severe. As such, we must maintain the levees in accordance with federally mandated protocol, ensuring the protection of our community.

I urge you to approve Item #26 the San Lorenzo Flood Control Project Federal Emergency Management Agency Accreditation Vegetation Management Project, but with amendment.

It’s important that we pass this item so that our neighbors can continue to receive the discounted flood insurance that FEMA accreditation provides. Yet, there is a path forward to benefit both flood protection and habitat.

Please:
 Move this item #26 from the consent agenda to allow for public comment and discussion prior to a vote.  Amend Appendix A of the San Lorenzo Flood Control Project Federal Emergency Management Agency Accreditation Vegetation Management Project to ensure stronger protections for existing habitat and vegetation.
 Direct Public Works staff to prioritize ecological competencies in the scope of work for contractor bids.

I have shared some examples of specific amendments that could bolster ecological protections, while maintaining flood protection with Public Works staff including, but not limited to:

 Increase the specificity of the project scope
o From a risk management perspective, the lack of specificity in the existing scope of work opens up the city for change orders and/or gamesmanship by an unethical bidder. o From an ecological perspective, the lack of clarity weakens the protections for existing habitat.

By amending Appendix A of the San Lorenzo Flood Control Project Federal Emergency Management Agency Accreditation Vegetation Management Project with simple, specific clarifications, you can strengthen protections for existing habitat and vegetation. For example:
 Make it mandatory to retain and limb up all allowable trees and prune up native shrubs rather than remove them.
 Any areas disturbed by vegetation management must be revegetated with native species as opposed to “herbaceous grass mix” which could make non-natives or even invasive herbaceous grasses (i.e. Pampas grass) allowable under the current scope.

26.126
2  Add required/desired contractor certifications that demonstrate ecological competencies.

Examples include, Certified Ecological Restoration Practitioner (CERP), Certified Professional in Erosion and Sediment Control (CPESC), Certified Natural Resources Professional (CNRP), and Qualified Applicators Licenses (as herbicide application is included in the current scope of work). These examples were pulled from the qualifications of local firms that have previously contracted with the City of Santa Cruz.
 Change structure from Lump Sum to Time and Materials. Issuing bids on a Lump Sum rather than Time and Materials basis can incentivize quick work, as the contractor gets paid the same no matter how careful they are or how long they spend on the job. A Time and Materials basis allows for a more tailored approach allowing the contractor to listen to city staff and make accommodations and adjustments for ecological/vegetative value as they go.

Thank you for your time and consideration.

Sincerely,

Laurie Egan
Executive Director
Coastal Watershed Council
Laurie Egan (Pronouns: She/Her)
Executive Director
Coastal Watershed Council
107 Dakota Ave., Suite 4
Santa Cruz, CA 95060
Office: (831) 464-9200 x102
Direct: (831) 824-2183
CWC Website | Blog | Facebook | Instagram | LinkedIn
CWC’s work takes place on the unceded territory of the Awaswas-speaking Uypi tribe. These lands are called Popeloutchom by the Amah Mutsun Tribal Band, the living descendants of Mutsun and Awaswas-speaking peoples who have stewarded the coastal watersheds of the greater Monterey Bay region for millennia.

26.127

COASTAL WATERSHED COUNCIL
107 Dakota Ave., Suite 4, Santa Cruz, CA 95060 · (831) 464-9200 www.coastal-watershed.org
December 12, 2022
Dear Councilmembers,
The San Lorenzo River is not a flood control system above all else. The river is the sustaining force of our community providing drinking water to 100,000 residents, habitat for flora and fauna and a beautiful park in the heart of Santa Cruz’s downtown business district and diverse riverside neighborhoods.

The consequences of flooding along the river are severe. As such, we must maintain the levees in accordance with federally mandated protocol, ensuring the protection of our community.

I urge you to approve Item #26 the San Lorenzo Flood Control Project Federal Emergency Management Agency Accreditation Vegetation Management Project, but with amendment.

Please:
• Move this item #26 from the consent agenda to allow for public comment and discussion prior to a vote.
• Amend Appendix A of the San Lorenzo Flood Control Project Federal Emergency Management Agency Accreditation Vegetation Management Project to ensure stronger protections for existing habitat and vegetation.
• Direct Public Works staff to prioritize ecological competencies in the scope of work for contractor bids.

I have shared some examples of specific amendments that could bolster ecological protections, while maintaining flood protection with Public Works staff including, but not limited to:
• Increase the specificity of project scope.
o From a risk management perspective, the lack of specificity in the existing scope of work opens up the city for change orders and/or gamesmanship by an unethical bidder.
o From an ecological perspective, the lack of clarity weakens the protections for existing habitat. By amending Appendix A of the San Lorenzo Flood Control Project Federal Emergency Management Agency Accreditation Vegetation Management Project with simple, specific additions, you can strengthen protections for existing habitat and vegetation. For example:

26.128

COASTAL WATERSHED COUNCIL
107 Dakota Ave., Suite 4, Santa Cruz, CA 95060 · (831) 464-9200 www.coastal-watershed.org
§ Make it mandatory to retain and limb up all allowable trees and prune up native shrubs rather than remove them.
§ Any areas disturbed by vegetation management must be revegetated with native species as opposed to “herbaceous grass mix” which could make non-natives or even invasive herbaceous grasses (i.e. Pampas grass) allowable under the current scope.
• Add required/desired contractor certifications that demonstrate ecological competencies. Examples include, Certified Ecological Restoration Practitioner (CERP), Certified Professional in Erosion and Sediment Control (CPESC), Certified Natural Resources Professional (CNRP), and Qualified Applicators Licenses (as herbicide application is included in the current scope of work). These examples were pulled from the qualifications of local firms that have previously contracted with the City of Santa Cruz.
• Change structure from Lump Sum to Time and Materials. Issuing bids on a Lump Sum rather than Time and Materials basis can incentivize quick work, as the contractor gets paid the same no matter how careful they are or how long they spend on the job.

A Time and Materials basis allows for a more tailored approach allowing the contractor to listen to city staff and make accommodations and adjustments for ecological/vegetative value as they go.

Thank you for your time and consideration.

Sincerely,
Laurie Egan
Executive Director
Coastal Watershed Council

26.129
City Council

AGENDA REPORT
DATE: 12/01/2022
AGENDA OF: 12/13/2022
DEPARTMENT: Water
SUBJECT: Beltz Water Treatment Plant Upgrade Project – Award of Professional Services Agreement and Budget Adjustment (WT)
RECOMMENDATION: Motion to:
1) Authorize the City Manager to execute an agreement in a form to be approved by the City Attorney with CDM Smith (Concord, CA) for engineering design services for the Beltz Water Treatment Plant Upgrade Project (c702108) and to authorize the Water Director to execute future contract amendments within the approved project budget; and 2) Adopt a resolution amending the FY 2023 budget to transfer $500,000 within the Water Department's Capital Investment Program from project c701609 for Aquifer Storage and Recovery Planning to a new project for Beltz Water Treatment Plant Upgrades, c702305.

BACKGROUND: The Beltz Water Treatment Plant (Beltz WTP) is located near 38th Avenue and Roland Drive in unincorporated Santa Cruz County, near the eastern boundary of the City’s water service area. The Beltz WTP was constructed in the early 1970s and was upgraded and expanded in the mid-1980s to its current configuration. From 2007 to 2008, the City worked with Camp Dresser & McKee Inc (now CDM Smith) to develop a Preliminary Design Report (PDR) to rehabilitate Beltz WTP. The rehabilitation project was put on hold in 2009 while additional groundwater supply options were evaluated. Minor upgrades were since performed at Beltz WTP such as installing an onsite disinfection generation system, replacing the redwood tank with a bolted steel tank, replacing the packed tower aerator blower and media, installing a new site access gate, and upgrading controls. The Beltz WTP treats water from Beltz groundwater wells #8, #9, and #10, operating between April and October and remaining offline in the winter months when water demand is lower.

The City is in the process of evaluating new water sources and supply options including aquifer storage and recovery (ASR) using existing and new wells. Water recovered through the ASR process requires treatment and Beltz WTP can potentially function as a central treatment plant in the ASR network. ASR recovery water has distinctively different water qualities than native groundwater; this project will consider a full range of water quality characteristics.

DISCUSSION: CDM Smith was selected to provide alternative analysis and recommendations to upgrade Beltz WTP due to their long history and familiarity with the facility. The preliminary

27.1 design phase evaluation has two alternative objectives: to upgrade Beltz WTP to exclusively treat groundwater or to upgrade the plant to be a part of the ASR network.

An updated scope of work and fee has been negotiated with CDM Smith to reflect changes from the 2008 project. CDM Smith will provide professional engineering and technical services necessary to evaluate several alternatives for each of the treatment plant facility objectives.

These services include planning analysis and cost estimating, facilitating workshops and developing summary technical memoranda deliverables.

The City will lead the environmental and permitting efforts and apply for any necessary permits and notices towards the end of the preliminary design process.

FISCAL IMPACT: The estimate for engineering design services for CDM Smith is $444,169.

Funds are available in Water Department’s Capital Investment Program budget and $500,000 will be transferred from project c701609, ASR Planning to a new project for Beltz WTP Upgrades, c702305.

Prepared By:

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

Rosemary Menard
Water Director
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. BUDGET ADJUSTMENT.PDF

2. BELTZ WTP CONTRACT AGREEMENT.PDF

27.2 City of Santa Cruz

BUDGET ADJUSTMENT REQUEST
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ACCOUNT REVENUE EDEN ACCOUNT TITLE

TOTALREVENUE

ACCOUNT EXPENDITURE EDENACCOUNT TITLE

TOTAL EXPENDITURE
NET: $

REQUESTED BY

DEPARTMENT HEAD

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BUDGET/ACCOUNTING
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FINANCE DIRECTOR

APPROVAL

CITYMANAGER

APPROVAL
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11/30/2022
Transfer $500K from c701609, ASR Planning to a new project c702305, Beltz WTP Upgrades.
0 711-70-91-7153-57302 c701609-100-2020-0 Water system -500,000 711-70-91-7152-57302 c702305-100-2020-0 Water system 500,000 0 0
Digitally signed by Malissa Kaping
DN: cn=Malissa Kaping, o=City of
Santa Cruz, ou=Water
Department,
[email protected]
om, c=US
Date: 2022.11.30 08:27:15 -08'00'
Rosemar
y Menard
Digitally signed by Rosemary Menard
DN: cn=Rosemary Menard, o=Santa Cruz Water
Department, ou=Water Director,
[email protected], c=US
Date: 2022.11.30 08:42:41 -08'00'
Nicholas
Gong
Digitally signed by Nicholas Gong
DN: cn=Nicholas Gong, o=City of
Santa Cruz, ou=Finance,
[email protected],
c=US
Date: 2022.12.01 16:27:28 -08'00'
Elizabet
h Cabell
Digitally signed by Elizabeth Cabell
DN: cn=Elizabeth Cabell, o=City of Santa Cruz,
ou=Finance Department,
[email protected], c=US
Date: 2022.12.02 07:54:31 -08'00'

27.3 City of Santa Cruz Professional Services Agreement for Beltz WTP Upgrades December 2022 (Water Rev. Sept2021) Page 1

PROFESSIONAL SERVICES AGREEMENT FOR

BELTZ WTP UPGRADES
THIS AGREEMENT for professional services is made by and between the City of Santa Cruz (“City”) and CDM Smith (“Consultant”) (each is referred to individually as a “Party” and collectively, as the “Parties”) as of ____________, 20__ (the “Effective Date”).

NOW, THEREFORE, in consideration of each other’s mutual promises, the Parties hereto agree as follows:

SECTION 1: SCOPE OF WORK
Consultant will furnish services as defined and described in the Scope of Work, attached hereto as Exhibit A and incorporated herein.

Consultant shall meet with Rosemary Menard, Director of the Water Department, hereinafter called "Director", or other designated and authorized City personnel, or third parties as necessary, on all matters connected with carrying out of Consultant’s services described in Exhibit A. Such meetings shall be held at the request of either Party. Review and City approval of completed work shall be obtained monthly, or at other intervals as may be mutually agreed upon during the course of this Agreement. Review, approval, or acceptance of Consultant’s work by City or others shall not relieve Consultant from responsibility for errors and omissions in Consultant’s work.

SECTION 3: RESPONSIBILITIES OF THE CITY
City shall make available to Consultant all necessary data and information in the City's possession and shall actively assist Consultant in obtaining such information from other agencies and individuals as needed. Consultant is entitled to reasonably rely upon the accuracy and completeness of such data and information, provided that Consultant shall provide City prompt written notice of any known defects in such data and information.

27.4 City of Santa Cruz Professional Services Agreement for Beltz WTP Upgrades December 2022 (Water Rev. Sept2021) Page 2
SECTION 4: FEES AND PAYMENT
For services actually performed, the City will compensate Consultant at the rates set forth in the Fee Schedule detailed in Exhibit B and in accordance with the terms set forth therein. Payment for Consultant's services in carrying out the entire the Scope of Work shall be made within the budget limit, or limits shown, upon Exhibit B. Such payment shall be considered the full compensation for all personnel, materials, supplies, and equipment used by Consultant in the Scope of Work.

Variations from the budget for each task which are justified by statements indicating personnel time expended and submittal of a revised budget are only allowed with prior City approval; however, in no event shall the total fee charged for the Scope of Work set forth in Exhibit A exceed the budget of $444,169 without advance written City authorization in the form of an amendment or change order.

All invoices shall contain the following affidavit signed by Consultant (if individual) or by a principal of Consultant’s firm (if Consultant is an entity):
"I hereby certify [or as principal of Consultant] that the charge of (Insert invoice amount) as summarized above and shown in detail on the attachments is a fair and reasonable use of public funds, is in accordance with the terms of Agreement dated (Insert Agreement Date), and has not been previously paid."
SECTION 5: TRAVEL REIMBURSEMENT POLICY
The City agrees to reimburse Consultant and Consultant’s employee(s) for only authorized travel expenses, as indicated by a mark below, and according to the City’s Travel Reimbursement Policy. It is expected that all travel expenses incurred by Consultant while conducting activities on behalf of the City will be at reasonable rates and that Consultant and Consultant’s employee(s) will exercise prudence in incurring these expenses.  Meals: Meals are reimbursed at the current GSA Meals & Incidental per diem rate by county (www.gsa.gov/travel). The City does not reimburse for actual costs for meals. Reimbursement is based solely on per diem rates. Do not submit meal receipts.
 Travel before 8:00am qualifies for breakfast reimbursement.  Travel between 8:00am – 1:30pm qualifies for lunch reimbursement.  Travel between 1:30pm – 7:00pm (or later) qualifies for dinner reimbursement.  Days between hotel stays and days starting before 8am and ending after 7pm, qualify for the full GSA Meals & Incidental per diem rate.
Ground Transportation: Ground transportation is reimbursable when it is for travel between the Consultant’s place of business, an airport, or Santa Cruz hotel, as applicable, to the City work location.

27.5 City of Santa Cruz Professional Services Agreement for Beltz WTP Upgrades December 2022 (Water Rev. Sept2021) Page 3

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

2. When using vehicles owned by Consultant or Consultant’s employer:
 Mileage will be reimbursed at the current IRS mileage rate.  Evidence of automobile liability insurance meeting the City’s requirements must be provided.  Maps showing starting point, City work location, and total miles are required for reimbursement.

3. Use of car rentals are reimbursable when:
 Travel is necessary from an airport to the City work location.  The rental reservation is made as far in advance as is practical and the lowest possible price is obtained.
 Insurance coverage is included, and the car is returned with a full tank of gas.  The smallest vehicle necessary is rented.
 Parking expenses are included in the GSA Meals & Incidental per diem rate. The City will not pay additionally for parking expenses.
 Receipts are required for reimbursement.
 Airfare: Airfare is reimbursable when the Consultant’s place of business, or Consultant’s employee’s home, is more than 250 miles away from Santa Cruz.
 Airfare must be lowest available coach class fare. Flights may be non-stop.  Airfare must be booked as far in advance as is practical.  Fees for one piece of checked luggage (and any equipment necessary for the work being done) will be reimbursed.
 Extra charges for seat assignments, refundable tickets, travel insurance/protection, and similar fees are not reimbursable.
 If the City cancels the need for travel and the ticket cannot be changed or refunded, the ticket cost will be reimbursable.
 Receipts are required for reimbursement.
 Lodging: Lodging is reimbursable when the Consultant must work on site for two or more consecutive days and the Consultant’s place of business or personal residence, is more than 60 miles away from Santa Cruz.  Lodging is reimbursed up to the current GSA rate by county (www.gsa.gov/travel).  Costs for hotel rooms above this rate are the responsibility of the traveler.  Receipts are required for reimbursement.

General Rule

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

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

3. Exceptions to any of the above requirements require advance written permission from the Director or City’s designated agent contracting with the Consultant.

4. Tips and gratuities will not be reimbursed.

5. Alcoholic beverage purchases will not be reimbursed.

6. Vendors will exercise prudence in incurring reimbursable expenses.

7. The City of Santa Cruz has the sole discretion to deny any vendor/contractor proposed reimbursable expense the City has determined to be excessive or an inappropriate use of public funds.

27.6 City of Santa Cruz Professional Services Agreement for Beltz WTP Upgrades December 2022 (Water Rev. Sept2021) Page 4
B shall be approved in advance in writing by the City. Only City’s authorized representative(s) is authorized to approve changes to this Agreement on behalf of City.

SECTION 7: TIME OF BEGINNING AND SCHEDULE FOR COMPLETION Consultant shall begin work as specified in a written authorization (e.g. Notice to Proceed) to perform services. The written authorization to perform work shall not be issued until after this Agreement has been approved and authorized by the City.

The Work Schedule for completion of the work shall be as shown upon Exhibit C. In the event that major changes are ordered, the schedule for completion as stated in Exhibit C may be adjusted by City so as to allow Consultant a reasonable period of time within which to complete any additional work which may be required as a result of the ordered changes.

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

Consultant acknowledges that it is necessary for Consultant to complete its work on or before the completion date set forth in Exhibit C in order to allow the City to achieve its objectives for entering into this Agreement. Consultant shall perform its services as expeditiously as is consistent with professional skill and care, as well as the orderly progress of the project, and at the time or times required by the City.

SECTION 8: TERMINATION
The City may terminate the Agreement for convenience by providing written notice to Consultant not less than 10 calendar days prior to an effective termination date.

The City or Consultant may terminate the Agreement for cause by providing written notice to the other party not less than 30 calendar days prior to an effective termination date.

27.7 City of Santa Cruz Professional Services Agreement for Beltz WTP Upgrades December 2022 (Water Rev. Sept2021) Page 5
Agreement pursuant to this paragraph shall not relieve the Consultant of any liability to City for additional costs, expenses, or damages sustained by City due to failure of the Consultant to perform pursuant to the Agreement. City may withhold any payments to Consultant for the purpose of set-off until such time as the exact amount of damages due City from Consultant is determined. After the effective date of termination, Consultant will have no further claims against the City under the Agreement. No other compensation will be payable for anticipated profit on unperformed services.

SECTION 9: INSURANCE
Prior to the beginning of and throughout the duration of the Agreement, Consultant will maintain and comply with the Insurance Requirements as set forth in Exhibit D. Consultant will insure the City against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder. The insurance coverages required shall not in any way limit the liability of the Consultant.

SECTION 12: LEGAL ACTION/ATTORNEYS’ FEES
The laws of the State of California, with jurisdiction in the Santa Cruz County Superior Court or the United States Court, Northern District, shall govern all matters relating to the validity, interpretation, and effect of this Agreement

27.8 City of Santa Cruz Professional Services Agreement for Beltz WTP Upgrades December 2022 (Water Rev. Sept2021) Page 6
and any authorized or alleged changes, the performance of any of its terms, as well as the rights and obligations of Consultant and the City.

SECTION 14: MISCELLANEOUS PROVISIONS

1. Project Manager. Director reserves the right to approve the project manager assigned by Consultant to said work.

No change in assignment may occur without prior written approval of the City.

2. Consultant Services Only. Consultant is employed to render professional services only and any payments made to Consultant are compensation solely for such professional services.

27.9 City of Santa Cruz Professional Services Agreement for Beltz WTP Upgrades December 2022 (Water Rev. Sept2021) Page 7
code. Consultant will immediately advise City if Consultant learns of a conflicting financial interest of Consultant during the term of this Agreement.

Notwithstanding any other provision of this Agreement to the contrary, Consultant shall retain its rights in its preexisting standard drawing details, designs, specifications, databases, computer software, proprietary information, documents, templates, and any other property owned by Consultant on the date of this Agreement or developed outside of this Agreement.

27.10 City of Santa Cruz Professional Services Agreement for Beltz WTP Upgrades December 2022 (Water Rev. Sept2021) Page 8
under this Agreement. As between Consultant and City, all City Confidential Information shall remain the property of the City. Consultant shall not acquire ownership interest in the City’s Confidential Information.
b. Consultant shall be responsible for ensuring and maintaining the security and confidentiality of City Data and Confidential Information, protect against any anticipated threats or hazards to the security or integrity of City Data and Confidential Information, protect against unauthorized access to or use of City Data and Confidential Information that could result in substantial harm or inconvenience to City or any end users; and ensure the proper return and/or disposal of City Data and Confidential Information upon termination of this Agreement with notice to the City.
c. Consultant shall take appropriate action to address any incident of unauthorized access to City Data and Confidential Information, including addressing and/or remedying the issue that resulted in such unauthorized access, notifying City as soon as possible of any incident of unauthorized access to City Data and Confidential Information, or any other breach in Consultant’s security that materially affects City or end users; and be responsible for ensuring compliance by its officers, employees, agents, and subcontractors with the confidentiality provisions hereof. Should confidential and/or legally protected City Data be divulged to unauthorized third parties, Consultant shall comply with all applicable federal and state laws and regulations, including but not limited to California Civil Code sections 1798.29 and 1798.82 at Consultant’s sole expense. Consultant shall not charge City for any expenses associated with Consultant’s compliance with these obligations.

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

11. Consultant's Records. Consultant shall maintain accurate accounting records and other written documentation pertaining to the costs incurred relating to this Agreement for examination and audit by the City, State, or federal government, as applicable, during the period of this Agreement, and for a period of at least five years from the date of the final City payment for Consultant's services, unless otherwise stated herein. If Consultant engages a subcontractor to perform work related to this Agreement with a cost of $10,000 or more over a 12 month period, such subcontract shall contain these same requirements. This provision shall survive the termination of this Agreement.

27.11 City of Santa Cruz Professional Services Agreement for Beltz WTP Upgrades December 2022 (Water Rev. Sept2021) Page 9
Consultant.

14. Licensure. Consultant warrants that Consultant, its subcontractors and/or agents (if any) has/have complied with any and all federal, state, and local licensing requirements and agrees to provide proof of a current City of Santa Cruz Business Tax Certificate if:
 Consultant, its subcontractor(s) and agent(s) or its business is/are located in the City of Santa Cruz;  Will perform actual work in the City of Santa Cruz for 6 or more days annually; or  Will use company vehicles to deliver within the City of Santa Cruz for 6 or more days annually.

For additional information and licensing requirements, view the City’s Business Licenses and Permits webpage or call the Revenue and Taxation division at 831/420-5070.

27.12 City of Santa Cruz Professional Services Agreement for Beltz WTP Upgrades December 2022 (Water Rev. Sept2021) Page 10
f. Any failure of Consultant and/or its subconsultant to comply with the above requirements relating to a public work project shall constitute a breach of this Agreement that excuses the City’s performance of this Agreement at the City’s sole and absolute option and shall be at the sole risk of Consultant. Consultant on behalf of itself and any subconsultant, agree to indemnify, defend and hold harmless the City and its officials, officers, employees, and agents from and against any and all claims, liabilities, losses, costs, expenses, attorney’s fees, damages, expenses, fines, financial consequences, interest, and penalties, of any kind or nature, arising from or relating to any failure (or alleged failure) of the Consultant and any subconsultant to pay prevailing wages or to otherwise comply with the requirements of prevailing wage law relating to a public work.
g. Consultant acknowledges that it and/or any subconsultant may not engage in the performance of any contract for public work unless currently registered with the DIR and qualified to perform public work pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].

27.13 City of Santa Cruz Professional Services Agreement for Beltz WTP Upgrades December 2022 (Water Rev. Sept2021) Page 11
stated, to the extent there is any conflict between this Agreement and any other agreement (written or oral), the terms of this Agreement shall control.

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

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

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

26. Notices. If either party shall desire or is required to give notice to the other such notice shall be given in writing, via email and concurrently delivered by overnight Federal Express (or priority U.S. Mail), addressed to recipient as follows:

To CITY:

City of Santa Cruz Water Department
Rosemary Menard, Director
212 Locust St Ste A
Santa Cruz CA 95060
[email protected]
To CONSULTANT:

CDM Smith
Servando Molina, P.E.
2300 Clayton Road, Suite 950
Concord, CA, 94520
[email protected]
Changes to the above information shall be given to the other party in writing ten (10) business days before the change is effective.

27.14 City of Santa Cruz Professional Services Agreement for Beltz WTP Upgrades December 2022 (Water Rev. Sept2021) Page 12

Approved As To Form:

By: ______________________________ Date: __________________ Office of the City Attorney

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

CONSULTANT
By: ______________________________ Date: __________________ Servando Molina, Client Service Manager
Technical Review By:

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

WATER DEPARTMENT
By: ______________________________ Date: __________________ Rosemary Menard, Director

27.15 City of Santa Cruz Professional Services Agreement for Beltz WTP Upgrades December 2022 (Water Rev. Sept2021) Page 13
EXHIBIT A: SCOPE OF WORK

27.16 SCWD Beltz Groundwater Treatment Plant Rehabilitation Study – FINAL 11-22-2022
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27.25 City of Santa Cruz Professional Services Agreement for Beltz WTP Upgrades December 2022 (Water Rev. Sept2021) Page 14
EXHIBIT B: FEE SCHEDULE

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27.27 Billing Rate Schedule
Effective January 1, 2023

PROFESSIONAL AND SUPPORT SERVICES HOURLY RATES
Vice President/Senior Vice President $110 - $140
Principal, Associate & Engineer/Scientist (Grade 7 & 8) $80 - $110 Senior Engineer/Scientist (Grade 6) $65 - $80
Engineer/Scientist (Grade 4 & 5) $50 - $65
Staff Engineer/Scientist (Grade 1, 2, & 3) $35 - $50
Cost Estimator/Scheduler $75 - $100
Draftsperson/Designer (DNDF1- DNDF8) $35 - $55
Contract/Project Administrator (FNCA5-8, ASPR8) $45 - $60 Secretary/Word Processor (ASWP1-ASWP5) $30 - $45
Administrative Assistant (ASAD1-ASAD5) $25 - $30
Hourly rates will be multiplied by 3.10 for billing purposes.

The above are based on regular rates current at the time of execution of this Agreement. If the regular rates of the employee are increased during the life of this Agreement, billing and payment will be at the increased regular rates for the applicable period of time.

Other Direct Costs
Other reimbursable direct costs shall be billed at 1.00 times actual cost. These reimbursable costs include, but are not limited to:

Travel: Air Fare, Auto Rental, Local Mileage ($0.625/mile or current IRS limit) Subsistence: Lodging and Meals
Communications: Long Distance and Cellular Telephone, Fax, Postage, and Courier Services Printing: Internal Reproduction ($1.25/sheet Color, $.15/sheet B&W); Outside Printing Services Equipment Rental
Subcontractor Services
Subcontractor services shall be billed at 1.1 times actual costs to cover the costs of general administrative services and handling.

27.28 City of Santa Cruz Professional Services Agreement for Beltz WTP Upgrades December 2022 (Water Rev. Sept2021) Page 15
EXHIBIT C: WORK SCHEDULE

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Exhibit C: Work Schedule

27.30 City of Santa Cruz Professional Services Agreement for Beltz WTP Upgrades December 2022 (Water Rev. Sept2021) Page 16
EXHIBIT D: INSURANCE REQUIREMENTS
A. CERTIFICATE REQUIREMENTS
The City will be issued a Certificate of Insurance (a Memorandum of Understanding will not be accepted) with the following minimum requirements:
 Certificate(s) will show current policy number(s) and effective dates,  Coverage and policy limits will meet, or exceed, requirements below,  The Certificate Holder will be City of Santa Cruz, Risk Management, 333 Front Street., Suite 200, Santa Cruz, CA 95060,
 Certificate will be signed by an authorized representative,  An endorsement, if required below, will be provided to show the City, its officers, officials, employees, and volunteers as additional insureds, and
 Coverages must be maintained during the term of the Agreement with the City, unless a longer duration is required.

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

Coverage will be at least as broad as:
 COMMERCIAL GENERAL LIABILITY (CGL): $1,000,000 PER OCCURRENCE; $2,000,000 AGGREGATE Proof of coverage for $1 Million per occurrence including products and completed operations, property damage, bodily injury, personal and advertising injury will be provided on Insurance Services Office (ISO) Form CG 00 01 covering CGL. If a general aggregate limit applies, either the general aggregate limit will apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit will be at least twice the required occurrence limit.
 PROFESSIONAL LIABILITY (ERRORS AND OMISSIONS): $2,000,000 PER OCCURRENCE OR CLAIM, $2,000,000 AGGREGATE.

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

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

27.31 City of Santa Cruz Professional Services Agreement for Beltz WTP Upgrades December 2022 (Water Rev. Sept2021) Page 17
The Worker’s Compensation policy must be endorsed with a waiver of subrogation in favor of the City for all work performed by the Consultant and its employees. (Not required if Consultant provides written verification it has no employees) - If Contractor has no employees, Contractor shall complete and sign a Workers’ Compensation Exemption Declaration and Release of Liability

OTHER INSURANCE PROVISIONS
The insurance policies are to comply with the following provisions:
 ADDITIONAL INSURED STATUS
The City, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of Consultant including materials, parts, or equipment furnished in connection with such work or operations.

General liability coverage will be provided in the form of an endorsement to Consultant’s insurance at least as broad as ISO Form CG 20 10 11 85, or if not available, through the addition of both CG 20 10 CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 (if a later edition is used).  PRIMARY COVERAGE
For any claims related to this Agreement, Consultant’s insurance coverage will be primary insurance as respects the City, its officers, officials, employees, agents, and volunteers. Any insurance or selfinsurance maintained by the City, its officers, officials, employees, agents, or volunteers will be excess of Consultant’s insurance and will not contribute with it.  NOTICE OF CANCELLATION
Each insurance policy required above shall state that the coverage shall not be canceled, except with notice to the City.
 WAIVER OF SUBROGATION
Consultant hereby grants to the City a waiver of any right to subrogation, except as otherwise not applicable, which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss, including attorney’s fees under such insurance. Consultant agrees to obtain any endorsement that may be necessary to effectuate this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.  EXCESS LIABILITY/UMBRELLA INSURANCE POLICIES
The excess/liability policies will provide similar coverage as the primary CGL policy with no new exclusions - Excess liability insurance must follow form the terms, conditions, definitions, and exclusions of the underlying CGL insurance. The excess/umbrella policy must also be written on a primary and noncontributory basis for an additional insured, and that it will apply before any other insurance that is available to such additional insured which covers that person or organization as a named insured, and we will not share with that other insurance.

The policy regarding Limits of Insurance regarding Aggregates must provide that the aggregate limits if applicable shall apply in the same manner as the aggregate limits shown in the Schedule of the Underlying Insurance.
 SELF-INSURED RETENTIONS
Self-insured retentions must be declared to and approved by the City. City may require Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related expenses.

The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.
 ACCEPTABILITY OF INSURERS

27.32 City of Santa Cruz Professional Services Agreement for Beltz WTP Upgrades December 2022 (Water Rev. Sept2021) Page 18
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A: VII, unless otherwise acceptable to the City.
 CLAIMS MADE POLICIES
If any of the required policies provide coverage on a claims-made basis:

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

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

3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work.  VERIFICATION OF COVERAGE
Consultant will furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL Policy listing all policy endorsements to be approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning will not waive the Consultant’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

C. SUBCONTRACTORS
Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors.

D. SPECIAL RISKS/CIRCUMSTANCES
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances and provide notice to Consultant.

27.33 City Council

AGENDA REPORT
DATE: 12/01/2022
AGENDA OF: 12/13/2022
DEPARTMENT: Water
SUBJECT: Resolution Supporting an Application by the Santa Margarita Groundwater Agency to the California Department of Water Resources for Grant Funding to Support Implementation of the Santa Margarita Groundwater Sustainability Plan (WT)
RECOMMENDATION: Resolution supporting an application to the California Department of Water Resources for grant funding to support implementation of the Santa Margarita Groundwater Sustainability Plan.

BACKGROUND: The Santa Margarita Groundwater Basin (SMGWB) is located north of the City of Santa Cruz and underlies all or portions of the service areas of San Lorenzo Valley Water District (SLVWD) and Scotts Valley Water District (SVWD). The Santa Margarita Groundwater Agency (SMGWA) was created following the passage of the 2014 Sustainable Groundwater Management Act (SGMA) and is responsible for development and implementation of a Groundwater Sustainability Plan (GSP). The SMGWA was formed through a Joint Powers Agreement in June 2017 among the San Lorenzo Valley and Scotts Valley water districts, and the County of Santa Cruz. While not a direct user of the groundwater in the SMGWB, the City of Santa Cruz is a represented agency of the SMGWA because of its reliance on the watershed in general including base flows and runoff to Loch Lomond Reservoir, Newell Creek and the San Lorenzo River, major contributors to the City’s water supply system.

As designated by the State Department of Water Resources (DWR), the SMGWB is a mediumpriority basin and as required by DWR submitted their GSP by the January 2022 deadline.

Included in the GSP are a variety of projects and management actions to be undertaken by the SMGWA and its member and represented agencies to support ongoing planning and implementation of projects to achieve groundwater sustainability within 20 years of the GSP adoption (i.e., by 2042) and to maintain sustainability for an additional 30 years.

On October 4, 2022, the DWR Sustainable Groundwater Management Implementation Round 2 grant solicitation opened; the application deadline is December 16, 2022. An estimated $231 million is available for applicants in eligible high and medium-priority groundwater basins (> 70 basins), including critically over drafted basins (21). Accounting for funding already designated to specific intended uses, there is slightly less than $200 million available for Round 2. If awarded, the grant agreement execution is not anticipated until fall 2023. However, costs incurred after October 4, 2022, are eligible for reimbursement and there is no required local cost share for the grant funds.

28.1 DISCUSSION: Staff from the SMGWA member and represented agencies, Regional Water Management Foundation staff, and SMGWA technical consultants evaluated the near-term activities that would result in the most competitive application. Staff focused on securing funds for project components that will help implement many of the adopted GSP required elements, which will help directly offset future committed expenses by the SMGWA and its member and represented agencies.

While the grant application is still under final development, grant-funded components include the following elements.
• grant administration
• evaluation, prioritization, and refinement of GSP Projects • implementation, including annual reporting, surface water monitoring, deep monitoring well construction
• private well assistance, including the installation of potable water filling stations The SMGWA Board adopted a resolution authorizing the submittal of an application and, if awarded, execution of a funding agreement with DWR on October 27, 2022. Implementing agencies, including agencies that will lead activities to be reimbursed by the grant, must also adopt a resolution authorizing the SMGWA to apply for funds on their behalf. As the City of Santa Cruz is expected to benefit from this proposed grant, staff is requesting adoption of the attached resolution.

FISCAL IMPACT: The City supports its participation in the SMGWA with resources from the Water Enterprise Fund. The Round 2 Grant includes activities that will fund approximately $500,000 in activities that will have a direct benefit to the Water Department and will replace Water Enterprise supported funding for this work.

Prepared/Submitted By:

Rosemary Menard
Water Director
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. RESOLUTION.DOCX

28.2 RESOLUTION NO. NS-30

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

AN APPLICATION TO THE CALIFORNIA DEPARTMENT OF WATER RESOURCES FOR

GRANT FUNDING TO BE USED TO SUPPORT IMPLEMENTATION OF THE SANTA

MARGARITA GROUNDWATER AGENCY GROUNDWATER SUSTAINABILITY PLAN WHEREAS, the City of Santa Cruz is a represented agency of the joint powers agency, the Santa Margarita Groundwater Agency (SMGWA); and
WHEREAS, in January 2022 the SMGWA completed and submitted a required Groundwater Sustainability Plan (GSP) to the California Department of Water Resources (DWR) for the Santa Margarita Groundwater Basin (SMGWB); and
WHEREAS, the SMGWA’s GSP lays out an action plan to achieve sustainability of the SMGWB by 2042 and to maintain basin sustainability for a further 30 years; and WHEREAS, achieving sustainability requires the SMGWA and its member agencies to plan and implement various programs and projects to achieve sustainability; and WHEREAS, to support groundwater sustainability agencies in their work, the State of California has established the 2021 Sustainable Groundwater Management (SGM) Grant Program, SGMA Implementation Round 2 Grant (Round 2 Grant) pursuant to the California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access For All Act of 2018 (Proposition 68) (Pub.

Resource Code, § 80000 et seq.), and provided additional funds for this grant program through the California Budget Acts of 2021 and 2022; and
WHEREAS, the Round 2 Grant is a competitive grant open to medium-priority basins such as the SMGWB; and
WHEREAS, working with the member agencies of the SMGWA, the City of Santa Cruz has identified projects and management actions to be included in the grant; and WHEREAS, DWR requires Resolutions of support from all entities having projects included in the Round 2 Grant;
NOW, THEREFORE BE IT RESOLVED the City Council of the City of Santa Cruz supports the SMGWA’s grant application for the Round 2 Grant and for the project elements included in the grant that will be implemented by the City of Santa Cruz and the member agencies as part of its work to support achieving groundwater sustainability in the Santa Margarita Groundwater Basin.

28.3 PASSED AND ADOPTED this 13th day of December, 2022 by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

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

28.4 City Council

AGENDA REPORT
DATE: 12/01/2022
AGENDA OF: 12/13/2022
DEPARTMENT: Water
SUBJECT: 2022 Pavement Restoration Project – Notice of Completion (WT) RECOMMENDATION: Motion to accept the work of JV Lucas Paving, Inc. as complete per the plans and specifications, authorize the filing of the Notice of Completion for the 2022 Pavement Restoration Project, and authorize the Water Director to sign the Notice of Completion as the Owner’s Authorized Agent.

BACKGROUND: Water Department staff is responsible for the maintenance and repair of approximately 250 miles of water main within the City’s water service area that extends outside of the City limits in to portions of the City of Capitola and Live Oak. Water main breaks occur for a variety of reasons including extreme weather (e.g., freezing) and mismarked utilities. Staff from the Water Department’s Distribution section responds to and repairs nearly 50 main breaks annually.

In addition to making repairs to water-related infrastructure, restoration of pavement, sidewalks, and other aboveground features are also often impacted during main breaks and needing repairs.

While department staff can make many of these repairs, some damage requires specialty equipment, larger crews, complex traffic control, or night work. For these circumstances, the Department attempts to coordinate with other agencies suited for this type of work (i.e., City or County Public Works Departments), or contracts with an outside contractor.

This project replaced approximately 6,910 square feet of pavement, traffic striping, and intersection signal loops damaged by two separate water main break incidences, located within the jurisdiction of the County of Santa Cruz on Soquel Drive and 41st Avenue. Due to the high volume of traffic in these areas, most of the work was performed at night.

On May 10, 2022, City Council approved the project Plans and Specifications, authorized staff to advertise for bids and award the contract and authorized the Water Director to execute change orders within the approved project budget. Four bids were received with JV Lucas Paving, Inc. as the lowest responsible bidder.

DISCUSSION: During the course of construction, a design change led to a single negotiated change order totaling $16,894.45 which was within the approved contract contingency.

29.1 All services required under the contract have now been completed, inspected by Water Department staff, accepted by the County and Caltrans Encroachment Permit Engineers, and found to be constructed in accordance with the approved plans and specifications.

With respect to the City’s Local Hire Ordinance, 18% of the contractor’s workforce were locally hired; no apprentices appear to have been successfully employed.

FISCAL IMPACT: The final cost of all work under this contract was $181,254.45. The project was funded by the Water Operations Fund 711 for Water Distribution maintenance projects.

There was no impact on the General Fund.

Prepared By:

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

Rosemary Menard
Water Director
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. NOTICE OF COMPLETION FORMS.PDF

29.2 Notice of Completion (Revised Oct 2021)
(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.

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: 2022 Pavement Restoration Project 90-23008

3. Nature of Work Performed on the Property or Materials Furnished for the City. The Project consisted of work described as: Replace approximately 6,910 square feet of paving, including striping, traffic signal loops, and traffic control.

4. The general site location description or address (the “Property”) of the public improvement is located at: Soquel Drive at Research Park Drive and 41st Ave at Cory Street, Santa Cruz County, CA

5. Name and Address of Contractor. The Contractor on the Project is: J V Lucas Paving, Inc.

P.O. Box 2887 Martinez, CA 94553

6. Construction Lender. The name and address of the construction lender, if any, is: n/a

7. Date of Completion. The Project on the Property was completed on: September 27, 2022 RECORDED AT THE REQUEST OF:

City of Santa Cruz, Water
Attn: Doug Valby
WHEN RECORDED MAIL TO:

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

29.3 Notice of Completion (Revised Oct 2021)

8. The filing of this Notice of Completion was authorized by the Santa Cruz City Council Minute Order on Tuesday, December 13, 2022
DATE: ___________________
Rosemary Menard
Water Director, City of Santa Cruz

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

Executed on ____________________at Santa Cruz, CA
Rosemary Menard
Water Director, City of Santa Cruz

29.4 Notice of Completion (Revised Oct 2021)

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

Direct Contractor: Name of Direct Contractor
Address Line 1 of contractor.
☐ REGISTERED, CERTIFIED, OR EXPRESS MAIL: by placing the Notice in a sealed envelope with postage fully prepaid and depositing the envelope in the United States mail by registered, certified, or express mail. Documentation of such service is attached herein. ☐ OVERNIGHT DELIVERY: by causing the Notice to be picked up for overnight delivery by an express service carrier. Documentation of such service is attached herein. ☐ PERSONAL DELIVERY: by causing the Notice to be personally delivered to each of the addresses above stated on the date below.
☐ CODE OF CIV. PROC. § 415.20: by leaving the Notice and mailing a copy of the Notice in the manner provided under California Code of Civil Procedure § 415.20 for service of a summons and complaint in a civil action.

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

Executed on Click here to enter a date., at Santa Cruz, California.

Name of Person Making Service.

29.5 ORDINANCE NO. 2022-17
AN ORDINANCE OF THE CITY OF SANTA CRUZ AMENDING SECTION 24.12.1310 – ADMINISTRATIVE USE PERMIT REQUIRED OF PART 14: COMMERCIAL MEDICAL AND ADULT USE CANNABIS REGULATIONS OF TITLE 24 – ZONING ORDINANCE OF

THE CITY OF SANTA CRUZ MUNICIPAL CODE TO ALLOW CANNABIS DELIVERIES

INTO THE CITY FROM LEGAL BUSINESSES LOCATED WITHIN ANY JURISDICTION

WITHIN THE COUNTY OF SANTA CRUZ
BE IT ORDAINED by the City Council of the City of Santa Cruz as follows:

Section 1. Section 24.12.1310 – Administrative Use Permit Required of Part 14: Commercial Medical and Adult Use Cannabis Regulations of Chapter 24.12 – Community Design of Title 24 – Zoning Ordinance of the City of Santa Cruz Municipal Code is hereby amended as follows:

24.12.1310 ADMINISTRATIVE USE PERMIT REQUIRED.
(a) All commercial cannabis uses allowed within the city must be authorized pursuant to the procedures described in Section 24.08.030 for administrative use permits with the exception of testing laboratories, which are principal permitted uses in IG and IG/PER-2 Districts. So long as state law and/or regulation requires the city to permit delivery by businesses located anywhere within the State, delivery services performed by businesses located outside the County of Santa Cruz are also exempted from this requirement; otherwise, delivery by businesses located outside Santa Cruz County is not permitted within the city, with or without a permit. Legal retail delivery businesses located within any jurisdiction within Santa Cruz County may deliver within the City if they are licensed to do so by the State and the jurisdiction in which they are located. Such businesses may be required to obtain a City of Santa Cruz business license per Chapter 5.04 – Business Licenses and Fees and, if located within the City of Santa Cruz, must also have a valid cannabis retailer license.
(b) Each commercial cannabis business shall meet the siting criteria and performance standards described in other sections of this chapter in addition to: (1) the other requirements of the zoning districts in which they are located; (2) the licensing requirements set forth in Chapter

6.91; and (3) other state and local laws and regulations. For properties with multiple tenant spaces, separate use permits are required for each separate business unless a master use permit is approved per Section 24.08.027.
(c) Each and every provision made in this section shall be deemed independent and severable, and the invalidity or partial invalidity or unenforceability of any one provision or portion thereof shall not affect the validity or enforceability of any other provision thereof.

30.1 ORDINANCE NO. 2022-17
2 PASSED FOR PUBLICATION this 15th day of November, 2022, by the following vote:

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

NOES: None.

ABSENT: Councilmember Golder.

DISQUALIFIED: None.

APPROVED: ______________________________
Sonja Brunner, Mayor
ATTEST: _________________________________
Bonnie Bush, City Clerk Administrator
PASSED FOR FINAL ADOPTION this 13th day of December, 2022, by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

APPROVED: ______________________________
Sonja Brunner, Mayor
ATTEST: _________________________________
Bonnie Bush, City Clerk Administrator
This is to certify that the above and
foregoing document is the original
of Ordinance No. 2022-17 and that
it has been published or posted in
accordance with the Charter of the
City of Santa Cruz.
________________________________
Bonnie Bush, City Clerk Administrator

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

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

December 7, 2022
I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge.

This 7th day of December, 2022, Santa Cruz, California
____________________________
Julia Wood
Deputy City Clerk Administrator
Julia Wood

30.3 DECLARATION OF POSTING

STATE OF CALIFORNIA )
) SS.

COUNTY OF SANTA CRUZ )
On the 5th day of December, 2022, I posted conspicuously in three public places within the City of Santa Cruz, Ordinance No. 2022-17, to wit:

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

2. City Hall: Bulletin Board outside Council Chambers

3. The City of Santa Cruz website
The document, posted in its entirety, consists of pages 1—2.

I declare under penalty of perjury that the foregoing is true and correct. Executed this 5th day of December, 2022, in Santa Cruz, California.
_______________________________
Julia Wood
Deputy City Clerk Administrator
Julia Wood

30.4 City Council

AGENDA REPORT
DATE: 12/01/2022
AGENDA OF: 12/13/2022
DEPARTMENT: Planning
SUBJECT: 2nd Reading and Final Adoption of Ordinance No. 2022-18 Amending the Santa Cruz Municipal Code for Code Sections Not Included in the Local Coastal Program or Implementation Plan (File Nos. A22-0002 and A22- 0003); 2nd Reading and Final Adoption of Ordinance No. 2022-19 Amending the Santa Cruz Municipal Code for Code Sections Included in the Local Coastal Program or Implementation Plan; that Require Subsequent Coastal Commission Approval; 2nd Reading and Final Adoption of Ordinance No. 2022-20 Amending Title 24 of the Municipal Code Associated Updates to the Zoning Map inside the Coastal Zone; 2nd Reading and Final Adoption of Ordinance. No. 2022-21 Amending Title 24 of the Municipal Code Associated Updates to the Zoning Map Outside the Coastal Zone (PL)
RECOMMENDATION: Motion to:
1) Adopt Ordinance No. 2022-18 amending Chapters 6, 12, 13, 15, 16 and 24 of the Santa Cruz Municipal Code for sections not included in the Local Coastal Program or Implementation Plan related to objective development standards for multi-family housing, new mixed-use zoning districts, development review process changes, street trees, right-of-way improvements, and the Water Efficient Landscape Ordinance; remove obsolete Sections and references; streamline application processes; and bring the Zoning Ordinance into conformity with state law, also rezoning parcels of property throughout the City to reflect existing General Plan Land Use Allowances; and establish in-lieu fees for street rree removals (File No. FP20-0002) and additional modifications to Municipal Code Title 24 to clarify and update various code sections related to wireless communication facilities, accessory structures, fences, and other minor updates; (File Nos. A22-0002 and A22-0003); and
2) Adopt Ordinance No. 2022-19 Amending the Santa Cruz Municipal Code for sections included in the Local Coastal Program or Implementation Plan, and in doing so, selecting Option 3 (hybrid) as the policy governing a requirement for public hearings for conforming residential and mixed-use projects; and
3) Adopt Ordinance No. 2022-20 making the proposed amendments to the zoning map, as stated in the ordinance and as shown in the associated map exhibit and parcels list for parcels inside the Coastal Zone, which represent changes to the Local Coastal Program Implementation Plan; and

31.1 4) Adopt Ordinance No. 2022-21 making the proposed amendments to the zoning map, as stated in the ordinance and as shown in the associated map exhibit and parcels list for parcels outside the Coastal Zone; and
5) Adopt a resolution authorizing and directing the City Manager to submit the proposed amendments to Title 24 and proposed amendments to the zoning map as Local Coastal Implementation Plan amendments to the California Coastal Commission for final certification.

ATTACHMENTS:

1. 2022-18 - OBJECTIVE STANDARDS - AMENDING THE SCMC NON-LCP.PDF

2. 2022-19 - OBJECTIVE STANDARDS - AMENDING THE SCMC, LCP.PDF

3. 2022-20 - OBJECTIVE STANDARDS - AMENDING ZONING MAP, COASTAL.PDF

4. 2022-21 - OBJECTIVE STANDARDS - AMENDING ZONING MAP, NONCOASTAL.PDF

5. RESOLUTION.DOCX

31.2 ORDINANCE NO. 2022-18

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ AMENDING CHAPTERS 6.12 – SOLID WASTE; 12.60 – UNDERGROUND UTILITY DISTRICTS; 13.30 – TREES; 15.20 – DRIVEWAYS AND SIDEWALKS; 16.16 – WATER-EFFICIENT LANDSCAPING ORDINANCE; SECTION 24.06.020 – INITIATION OF CHAPTER 24.06; PART 14: RESIDENTIAL DEMOLITION/CONVERSION AUTHORIZATION PERMITS OF CHAPTER 24.08 LAND USE PERMITS AND FINDINGS; SECTION 24.10.160 – HOME OCCUPATION REGULATIONS; PART 10: COMMERCIAL THOROUGHFARE ZONE OF CHAPTER 24.10 – LAND USE DISTRICTS; SECTION 24.10.2301 – USES DEVELOPMENT STANDARDS AND DESIGN GUIDELINES; PART 8: UNDERGROUND UTILITY DISTRICTS OF CHAPTER 24.12 – COMMUNITY DESIGN; SECTION 24.12.1108 –

MODIFICATION OF EXISTING ESTABLISHMENTS SELLING ALCOHOLIC BEVERAGES; SECTION 24.14.030 – SLOPE REGULATIONS; CHAPTER 24.16 – AFFORDABLE HOUSING PROVISIONS; CHAPTER 24.22 – DEFINITIONS; DELETING PART 23 OF CHAPTER 24.08 – CONDITIONAL DRIVEWAY PERMIT; CREATING SECTIONS 15.15 – PUBLIC REALM DESIGN FOR MULTIFAMILY AND MIXED-USE RESIDENTIAL PROJECTS; AND PARTS 9A, 9D, AND 9E OF CHAPTER 24.10 – LAND

USE DISTRICTS OF THE SANTA CRUZ MUNICIPAL CODE IN ORDER TO ESTABLISH

OBJECTIVE DEVELOPMENT STANDARDS FOR MULTI-FAMILY HOUSING, CREATE MIXED USE ZONING DISTRICTS, REGULATE STREET TREES, REQUIRE RIGHT-OFWAY IMPROVEMENTS, AND UPDATE THE WATER EFFICIENT LANDSCAPE ORDINANCE; AND TO INCORPORATE MODIFICATIONS TO MUNICIPAL CODE TITLE 24 TO CLARIFY AND UPDATE VARIOUS CODE SECTIONS, REMOVE OBSOLETE

SECTIONS AND REFERENCES, STREAMLINE APPLICATION PROCESSES, AND BRING

THE ZONING ORDINANCE INTO CONFORMITY WITH STATE LAW
BE IT ORDAINED By the City of Santa Cruz as follows:

Section 1. Section 6.12.050 – Storage of Receptacles of Chapter 6.12 – Solid Waste of the City of Santa Cruz Municipal Code is hereby amended as follows:

6.12.050 STORAGE OF RECEPTACLES
Containers or receptacles must be stored in a manner which facilitates a safe and sanitary condition and which does not impose a barrier to efficient and physically safe collection by city collection crews as determined by the director of public works. All receptacles or containers shall be stored in a manner as to prevent their contents from being scattered or carried by wind or water in a fashion which causes the accumulation of litter or an unsightly, unsafe or unsanitary condition to exist.

All containers or receptacles containing acceptable wastes or recyclables produced by any commercial or industrial establishment shall be placed for collection at a convenient and accessible place on the premises of the producer, unless special permission is obtained from the director of public works to place the containers or receptacles on public property.

31.3 ORDINANCE NO. 2022-18
2 Development permit applications for all industrial, institutional, commercial, professional office and residential developments having more than two units in each structure shall be reviewed by the director of public works to assure that sufficient space is provided in accordance with this section.

In all cases of dispute or complaints concerning the place where refuse or receptacles shall be placed while awaiting the removal of their contents and the same is not specifically fixed by this chapter, the director of public works shall forthwith designate the place and such decision shall be final.

Refuse Container Storage Facility Design Standards – Refuse container enclosures are required of all new multi-family and mixed-use residential projects with 3 or more housing units or any commercial development as set forth in the City of Santa Cruz Department of Public Works Refuse Container Storage Facility Design Standards that are current at the time of design review available from the Public Works Department.

Section 2. Chapter 10.46 – Citywide Trip Reduction Program of Title 10 – Vehicles and Traffic of the City of Santa Cruz Municipal Code is hereby amended as follows:

Chapter 10.46 - CITYWIDE TRIP REDUCTION PROGRAM
Sections:

10.46.010 Purpose.

10.46.020 Applicability.

10.46.030 Definitions.

10.46.040 Compliance measures for residential developments of twenty or more housing units in a single application.

10.46.010 PURPOSE.

The purposes of this chapter are as follows:
(a) To establish programs and requirements for new multifamily residential projects of 20 units or more that will help reduce automobile trips and improve mobility. (b) To ensure the city plays a significant role in promoting alternative transportation use other than the single-occupant vehicle;
(Ord. 93-53 § 1 (part), 1994).

10.46.020 APPLICABILITY
(a) This chapter shall apply to all of the following:

New Multifamily projects of 20 units or more that are located within ½ mile of public transit.

31.4 ORDINANCE NO. 2022-18
3 10.46.030 DEFINITIONS
For the purpose of this chapter, the following words and phrases are defined and explained:
“Public transit” means a major transit stop as defined in Section 21155 of the Public Resources Code

10.46.040 COMPLIANCE MEASURES FOR RESIDENTIAL DEVELOPMENTS OF

TWENTY OR MORE HOUSING UNITS IN A SINGLE APPLICATION
Applications for residential developments in which twenty or more housing units are proposed within one half-mile of public transit shall enter into a contract with Santa Cruz Metropolitan Transit District (Santa Cruz METRO) to provide unlimited local transit passes for all residents.

Section 3. Section 12.60.010 – Definitions of Chapter 12.60 – Underground Utility Districts, Division II of Title 12 – Local Improvements of the City of Santa Cruz Municipal Code is hereby amended as follows:

12.60.010 DEFINITIONS.

Whenever in this chapter or in chapter 24.12.700 the words or phrases hereinafter in this section defined are used, they shall have the respective meanings assigned to them in the following definitions:
(1) “City” means the city of Santa Cruz, a municipal corporation of the state of California. (2) “Commission” means the Public Utilities Commission of the state of California. (3) “Communications Service” means any service offering a capability for generating, acquiring, storing, transforming, processing, retrieving, utilizing, or making available information via telecommunications most typically via subatomic particles or the electromagnetic spectrum, including but not explicitly, those under jurisdiction of the Federal Communications Commission such as cable, cellular, telephone, radio, fiber-optic, or internet.
(4) “Council” means the city council of the city.
(5) “Dark Conduit” means unused or empty conduit and any associated infrastructure, such as but not exclusively, junction boxes, termini, and access panels, for the installation or expansion of electrical or communications services and lines by others or at a future date, all as specified by Public Works.
(6) “Underground utility district” or “district” means an area in the city within which poles and overhead wires and associated overhead structures are prohibited by a resolution adopted pursuant to the provisions of Section 12.60.020.
(7) “Person” means and includes individuals, firms, corporations, copartnerships, and their agents and employees.
(8) “Poles and overhead wires and associated overhead structures” mean poles, towers, supports, wires, conductors, guys, stubs, platforms, cross-arms, braces, transformers, insulators, cut-outs, switches, communication circuits, appliances, attachments and appurtenances located above ground upon, along, across or over the streets, alleys and ways of the city and used or useful in supplying electric, communication or similar or associated service.

31.5 ORDINANCE NO. 2022-18
4 (9) “Utility” includes all persons or entities supplying electric, communication or similar or associated service by means of electrical materials or devices.

Section 4. Section 12.60.040 – Overhead Wires – Exception by Special Permission of Chapter

12.60 – Underground Utility Districts, Division II of Title 12 – Local Improvements of the City of Santa Cruz Municipal Code is hereby amended as follows:

12.60.040 OVERHEAD WIRES – EXCEPTION BY SPECIAL PERMISSION.

The council may grant special permission, on such terms as the council may deem appropriate, in cases of emergency or unusual circumstances, without discrimination as to any person or utility, to erect, construct, install, maintain, use or operate poles and overhead wires and associated overhead structures, notwithstanding any other provisions of this part.

The City Engineer, may also grant special permission for a period not to exceed three (3) years, on such terms as the Department may deem appropriate, in cases of emergency or unusual circumstances, without discrimination as to any person or utility, to erect, construct, install, maintain, use or operate temporary poles and overhead wires and associated overhead structures, notwithstanding any other provisions of this part.

Section 5. Chapter 13.30 – Trees of Title 13 – Parks and Recreation of the City of Santa Cruz Municipal Code is hereby amended as follows:

Chapter 13.30 - TREES
Sections:

13.30.010 Short title.

13.30.020 Purpose.

13.30.030 Definitions.

13.30.040 Parks and recreation director – Powers and duties.

13.30.050 Parks and recreation commission – Powers and duties.

13.30.060 Property owner maintenance responsibilities – Duties and liabilities.

13.30.063 Replacement of Street Trees

13.30.065 Damaging street trees forbidden.

13.30.067 House moving.

13.30.070 Duties of public utilities.

13.30.080 Approved street tree list.

13.30.090 Street tree planting.

13.30.100 Permits required.

13.30.110 Prohibited vegetation – Nuisance.

13.30.120 Abatement of public nuisances.

13.30. 130 Recovery of damages for loss of street trees.

13.30.140 Infraction.

13.30.150 Legal Remedies/Penalties and Fines.

13.30.160 Right of appeal.

13.30.170 Where to file appeal.

31.6 ORDINANCE NO. 2022-18
5 13.30.180 Procedure for appeals.

13.30.190 Stay, pending appeal.

13.30.200 Hearing on appeal.

13.30.210 Liability.

13.30.220 Severability.

13.30.010 SHORT TITLE.

This chapter shall be known as the “Street Tree and Nuisance Vegetation Ordinance of the City of Santa Cruz.”

13.30.020 PURPOSE.

The city council finds that planting and preserving trees enhances the natural beauty of Santa Cruz, promotes the city’s ecological balance, and is in the public interest. The purpose of this Street Tree and Nuisance Vegetation Ordinance is to provide a set of standards and regulations for the protection, maintenance, and planting of street trees and other vegetation within the city of Santa Cruz. For any street trees that are also heritage trees, the provisions of chapter 9.56 shall be applied in addition to the provisions of this chapter 13.30.

13.30.030 DEFINITIONS.

For the purposes of this chapter, the following words have the meaning given in this section:
(a) “Approved Street Tree List” means a list prepared and maintained by the Parks & Recreation Department of the city of Santa Cruz of tree species approved for use in the city’s public right-ofway. (b) “Clear Vision Area” means the twenty-five foot triangle of property at the intersection of any streets improved for vehicular traffic as diagrammed below. (c) “Damage” means any action undertaken which may be harmful or detrimental to the health of any tree or other vegetation regulated by this chapter. This shall include, but is not limited to, the cutting, topping, girdling, or poisoning of any street tree or vegetation, any trenching or excavating near any street tree or vegetation, or any action which may cause death, destruction or injury to any street tree or vegetation, or which places any street tree or vegetation in a hazardous condition or in an irreversible state of decline.
(d) “Director” shall mean the director of parks and recreation of the city of Santa Cruz, or his/her designee.
(e) “Discretionary review” shall mean any review by the city requiring the exercise of judgment in deciding whether to approve a permit or project.

Santa Cruz City CouncilDecember 13, 2022

Santa Cruz City Council
December 13, 2022