City Council.

MINUTES CITY OF HALF MOON BAY CITY COUNCIL TUESDAY, DECEMBER 6, 2022 VIRTUAL VIA ZOOM MEETING (COVID-19 PROTOCOLS) CALL TO ORDER Mayor Ruddock called the meeting to order at 7:02 p.m. and led the pledge of allegiance. ROLL CALL PRESENT: Councilmembers Brownstone, Jimenez, and Rarback, Vice Mayor Penrose, and Mayor Ruddock APPROVAL OF AGENDA PUBLIC FORUM The following individuals addressed the Council: • John Ullom • Krystlyn Giedt • Carla Young • Connie Santilli • Rocio Avila PROCLAMATIONS AND PRESENTATIONS None. MAYOR’S ANNOUNCEMENTS OF COMMUNITY ACTIVITIES AND COMMUNITY SERVICE Mayor Ruddock reminded residents of Nights of Lights. REPORT OUT FROM RECENT CLOSED SESSION MEETING City Attorney Engberg reported that the City was dismissed in the case of Sandra Harmon vs. County of San Mateo.

DECEMBER 6, 2022 City Council Minutes Page 2 of 5 CITY MANAGER UPDATES TO COUNCIL RECOGNITION / STATE OF THE CITY ANNOUNCEMENT Communications Program Manager Lettire provided an update on the State of the City and City Council reorganization meeting. HERITAGE DOWNTOWN UPDATE Community Development Director Ekas and Community Preservation Officer Butcher provided an update on Heritage Downtown. GRANTS PROGRAM UPDATE Senior Management Analyst Chong provided an overview of the grant program. 1. CONSENT CALENDAR 1.A WAIVE READING OF RESOLUTIONS AND ORDINANCES 1.B RE-RATIFICATION OF RESOLUTION TO CONTINUE HOLDING PUBLIC MEETINGS REMOTELY (AB 361) 1.C NO BUILD DETERMINATION FOR THE MAIN STREET BRIDGE REHABILITATION PROJECT 1.D AGREEMENT WITH SWCA ENVIRONMENTAL CONSULTANTS, FOR ENVIRONMENTAL SERVICES FOR PILARCITOS CREEK RESTORATION AND REMEDIATION PROJECT MOTION Vice Mayor Penrose moved and Councilmember Rarback seconded a motion to approve the Consent Calendar with the exception of Items I.B and I.C. The question was called and the motion carried unanimously. 2. ORDINANCES AND PUBLIC HEARINGS 2.A ADOPTION OF THE 2022 EDITIONS OF THE CALIFORNIA BUILDING STANDARDS CODE Permit Technician Corrales and Public Works Program Manager Vostinak presented the staff report. The Council asked clarifying questions. Mayor Ruddock opened the public hearing. The following individuals addressed the Council: • John Ullom • Krystlyn Geidt

DECEMBER 6, 2022 City Council Minutes Page 3 of 5 Mayor Ruddock closed the public hearing. MOTION Councilmember Brownstone moved and Councilmember Rarback seconded a motion to: 1. Introduce an ordinance amending Chapter 14.04 of the Half Moon Bay Municipal Code, adopting by reference the 2022 Edition of the California Building Standards Code, with local amendments, and finding the amendments to be exempt from environmental review under the California Environmental Quality Act (CEQA); and 2. Direct staff to place the ordinance and the attached resolution establishing the “Need for Local Modifications to the California Building Standards Code” and ratifying the Coastside Fire Protection District’s Ordinance No. 2022-03 on the consent calendar for adoption on December 20, 2022. The question was called and the motion carried unanimously. RECESS Mayor Ruddock called a recess at 8:25 p.m. The meeting reconvened at 8:30 p.m. with all Councilmembers present. 2.B DISPOSABLE FOODWARE ORDINANCE UPDATE Public Works Program Manager Vostinak presented the staff report. The Council asked clarifying questions. Kevin Lieu, County of San Mateo Office of Sustainability, explained the purpose of the amendment. Mayor Ruddock opened the public hearing. The following individuals addressed the Council: • John Ullom • Sally Lieu • Karen Matson • Amanda • Nicole • Lanna Levison • Hazel Joanes Mayor Ruddock closed the public hearing. The Council asked questions and discussed the item.

DECEMBER 6, 2022 City Council Minutes Page 4 of 5 MOTION Councilmember Brownstone moved and Councilmember Rarback seconded a motion to introduce an ordinance repealing and replacing Chapter 7.30 of the Half Moon Bay Municipal Code entitled “Disposable Foodware” regarding food facilities’ provision of single- use foodware accessories, the removal of language surrounding fluorinated chemicals, the removal of language surrounding BPI certified compostable plastics, and, beginning on June 1, 2023, requiring reusable foodware for On-premises dining, and finding the amendments to be exempt under the California Environmental Quality Act (CEQA). The question was called and the motion carried unanimously. 3. RESOLUTION AND STAFF REPORTS None. 1. CONSENT CALENDAR (Continued) The following items were pulled from the Consent Calendar for individual consideration: 1.B RE-RATIFICATION OF RESOLUTION TO CONTINUE HOLDING PUBLIC MEETINGS REMOTELY (AB 361) City Attorney Engberg presented the staff report. The following individuals addressed the Council: • John Ullom • Kimberly Williams • Carlyle Anne Young • Krystlyn Geidt • Hazel Joanes MOTION Councilmember Brownstone moved and Councilmember Rarback seconded a motion to re- ratify the findings in Resolution No. 2021-80 to continue conducting the City’s Council, Commission, and Committee meetings remotely due to health and safety concerns to the public due to COVID-19. The question was called and the motion carried unanimously. 1.C NO BUILD DETERMINATION FOR THE MAIN STREET BRIDGE REHABILITATION PROJECT Public Works Director Bozorginia presented the staff report. The following individual addressed the Council: • John Ullom

DECEMBER 6, 2022 City Council Minutes Page 5 of 5 MOTION Councilmember Brownstone moved and Councilmember Rarback seconded a motion to adopt a resolution authorizing the City Manager to recommend approval of the National Environmental Policy Act “No Build Option” for Main Street Bridge Replacement project and direct staff to prepare all necessary documents to implement this recommendation in accordance with Caltrans and Federal Highway Administration procedures. The question was called and the motion carried unanimously. COMMISSION / COMMITTEE UPDATES City Manager Chidester discussed the upcoming Planning Commission meeting. CITY COUNCIL REPORTS Councilmember Rarback discussed the recent Midcoast Community Council special meeting. FUTURE ITEMS Vice Mayor Penrose requested an update from the Housing Consultant. Councilmember Brownstone and Mayor Ruddock concurred. ADJOURNMENT Mayor Ruddock adjourned the meeting at 9:31 p.m. Respectfully Submitted: Approved: Jessica Blair, City Clerk Debbie Ruddock, Mayor

CITY COUNCIL AGENDA REGULAR MEETING CITY OF HALF MOON BAY TUESDAY, DECEMBER 6, 2022 REMOTE PARTICIPATION (SEE NEXT PAGE) Debbie Ruddock, Mayor Deborah Penrose, Vice Mayor Robert Brownstone, Councilmember Joaquin Jimenez, Councilmember Harvey Rarback, Councilmember 7:00 PM This agenda contains a brief description of each item to be considered. Those wishing to address the City Council on any matter not listed on the Agenda, but within the jurisdiction of the City Council to resolve, may come forward to the podium during the Public Forum portion of the Agenda and will have a maximum of three minutes to discuss their item. Those wishing to speak on a Public Hearing matter will be called forward at the appropriate time during the Public Hearing consideration. Please Note: Anyone wishing to present materials to the City Council, please submit seven copies to the City Clerk. Copies of written documentation relating to each item of business on the Agenda are on file in the Office of the City Clerk at City Hall and the Half Moon Bay Library where they are available for public inspection. If requested, the agenda shall be available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132.) Information may be obtained by calling 650-726- 8271. In compliance with the Americans with Disabilities Act, special assistance for participation in this meeting can be obtained by contacting the City Clerk’s Office at 650-726-8271. A 48-hour notification will enable the City to make reasonable accommodations to ensure accessibility to this meeting (28 CFR 35.102-35.104 ADA Title II). http://hmbcity.com/

SPECIAL REMOTE PARTICIPATION PROTOCOLS This meeting will be held entirely by teleconference. All Councilmembers and staff will only participate via the Zoom platform using the process described below. The meeting is being conducted pursuant to recent amendments to the teleconference rules required by the Ralph M. Brown Act allowing teleconferencing during a proclaimed state of emergency when local officials have recommended social distancing (AB 361). The purpose of AB 361 is to provide the safest environment for the public, elected officials, and staff while allowing for continued operation of the government and public participation during the COVID‐19 pandemic. This meeting will be conducted via Zoom Webinar and live Spanish interpretation will be available within the Zoom platform. Members of the public are welcome to login into the webinar as Attendees. During any public comment portions, attendees may use the “raise your hand” feature and will be called upon and unmuted when it is their turn to speak. The meeting will also be streamed on Channel 27, on pacificcoast.tv, and on Facebook at www.facebook.com/cityofhalfmoonbay. Please click to join the webinar: https://us06web.zoom.us/j/99588947925 or join by phone at 669‐900‐9128, using Webinar ID 995‐8894‐7925. If joining by phone, use *9 to raise your hand, *6 to mute and unmute. CALL TO ORDER / ROLL CALL APPROVAL OF AGENDA PUBLIC FORUM PROCLAMATIONS AND PRESENTATIONS MAYOR'S ANNOUNCEMENTS OF COMMUNITY ACTIVITIES AND COMMUNITY SERVICE REPORT OUT FROM RECENT CLOSED SESSION MEETINGS CITY MANAGER UPDATES TO COUNCIL REORGANIZATION / STATE OF THE CITY ANNOUNCEMENT HERITAGE DOWNTOWN UPDATE GRANTS PROGRAM UPDATE 1. CONSENT CALENDAR 1.A WAIVE READING OF RESOLUTIONS AND ORDINANCES 1.B RE-RATIFICATION OF RESOLUTION TO CONTINUE HOLDING PUBLIC MEETINGS REMOTELY (AB 361) Staff Recommendation: By motion, in accordance with Assembly Bill 361, re-ratify the findings in Resolution No. 2021-80 to continue conducting the City’s Council, Commission, and Committee meetings remotely due to health and safety concerns to the public due to COVID-19. STAFF REPORT

1.C NO BUILD DETERMINATION FOR THE MAIN STREET BRIDGE REHABILITATION PROJECT Staff Recommendation: Adopt a resolution authorizing the City Manager to recommend approval of the National Environmental Policy Act “No Build Option” for Main Street Bridge Replacement project and direct staff to prepare all necessary documents to implement this recommendation in accordance with Caltrans and Federal Highway Administration procedures. STAFF REPORT RESOLUTION ATTACHMENT 1 ATTACHMENT 2 ATTACHMENT 3 ATTACHMENT 4 1.D AGREEMENT WITH SWCA ENVIRONMENTAL CONSULTANTS, FOR ENVIRONMENTAL SERVICES FOR PILARCITOS CREEK RESTORATION AND REMEDIATION PROJECT Staff Recommendation: Adopt a resolution authorizing the City Manager to execute a Professional Services Agreement with SWCA Environmental Consultants, in the amount of $53,328 for environmental and entitlement services associated with the Pilarcitos Creek Restoration and Remediation Project. STAFF REPORT RESOLUTION 2. ORDINANCES AND PUBLIC HEARINGS 2.A ADOPTION OF THE 2022 EDITIONS OF THE CALIFORNIA BUILDING STANDARDS CODE Staff Recommendation: Conduct a public hearing, and upon receiving community input: 1. Introduce an ordinance amending Chapter 14.04 of the Half Moon Bay Municipal Code, adopting by reference the 2022 Edition of the California Building Standards Code, with local amendments, and finding the amendments to be exempt from environmental review under the California Environmental Quality Act (CEQA); and 2. Direct staff to place the ordinance and the attached resolution establishing the “Need for Local Modifications to the California Building Standards Code” and ratifying the Coastside Fire Protection District’s Ordinance No. 2022-03 on the consent calendar for adoption on December 20, 2022. STAFF REPORT

RESOLUTION ORDINANCE 2.B DISPOSABLE FOODWARE ORDINANCE UPDATE Staff Recommendation: Conduct a public hearing and: (1) Introduce an ordinance (Attachment 1) amending Chapter 7.30 of the Half Moon Bay Municipal Code entitled “Disposable Foodware” regarding food facilities’ provision of single-use foodware accessories, the removal of language surrounding fluorinated chemicals, and the removal of language surrounding BPI certified compostable plastics, and finding the amendments to be exempt under the California Environmental Quality Act (CEQA); [Option 1] or (2) Introduce an ordinance (Attachment 2) amending Chapter 7.30 of the Half Moon Bay Municipal Code entitled “Disposable Foodware” regarding food facilities’ provision of single-use foodware accessories, the removal of language surrounding fluorinated chemicals, the removal of language surrounding BPI certified compostable plastics, and, beginning on June 1, 2023, requiring reusable foodware for On-premises dining, and finding the amendments to be exempt under the California Environmental Quality Act (CEQA) [Option 2]. STAFF REPORT ATTACHMENT 1 ATTACHMENT 2 3. RESOLUTIONS AND STAFF REPORTS None. COMMISSION / COMMITTEE UPDATES CITY COUNCIL REPORTS FOR FUTURE DISCUSSION / POSSIBLE AGENDA ITEMS ADJOURNMENT

CITY COUNCIL AGENDA REGULAR MEETING CITY OF HALF MOON BAY TUESDAY, DECEMBER 6, 2022 REMOTE PARTICIPATION (SEE NEXT PAGE) Debbie Ruddock, Mayor Deborah Penrose, Vice Mayor Robert Brownstone, Councilmember Joaquin Jimenez, Councilmember Harvey Rarback, Councilmember 7:00 PM This agenda contains a brief description of each item to be considered. Those wishing to address the City Council on any matter not listed on the Agenda, but within the jurisdiction of the City Council to resolve, may come forward to the podium during the Public Forum portion of the Agenda and will have a maximum of three minutes to discuss their item. Those wishing to speak on a Public Hearing matter will be called forward at the appropriate time during the Public Hearing consideration. Please Note: Anyone wishing to present materials to the City Council, please submit seven copies to the City Clerk. Copies of written documentation relating to each item of business on the Agenda are on file in the Office of the City Clerk at City Hall and the Half Moon Bay Library where they are available for public inspection. If requested, the agenda shall be available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132.) Information may be obtained by calling 650-726- 8271. In compliance with the Americans with Disabilities Act, special assistance for participation in this meeting can be obtained by contacting the City Clerk’s Office at 650-726-8271. A 48-hour notification will enable the City to make reasonable accommodations to ensure accessibility to this meeting (28 CFR 35.102-35.104 ADA Title II). http://hmbcity.com/ 1

SPECIAL REMOTE PARTICIPATION PROTOCOLS This meeting will be held entirely by teleconference. All Councilmembers and staff will only participate via the Zoom platform using the process described below. The meeting is being conducted pursuant to recent amendments to the teleconference rules required by the Ralph M. Brown Act allowing teleconferencing during a proclaimed state of emergency when local officials have recommended social distancing (AB 361). The purpose of AB 361 is to provide the safest environment for the public, elected officials, and staff while allowing for continued operation of the government and public participation during the COVID‐19 pandemic. This meeting will be conducted via Zoom Webinar and live Spanish interpretation will be available within the Zoom platform. Members of the public are welcome to login into the webinar as Attendees. During any public comment portions, attendees may use the “raise your hand” feature and will be called upon and unmuted when it is their turn to speak. The meeting will also be streamed on Channel 27, on pacificcoast.tv, and on Facebook at www.facebook.com/cityofhalfmoonbay. Please click to join the webinar: https://us06web.zoom.us/j/99588947925 or join by phone at 669‐900‐9128, using Webinar ID 995‐8894‐7925. If joining by phone, use *9 to raise your hand, *6 to mute and unmute. CALL TO ORDER / ROLL CALL APPROVAL OF AGENDA PUBLIC FORUM PROCLAMATIONS AND PRESENTATIONS MAYOR'S ANNOUNCEMENTS OF COMMUNITY ACTIVITIES AND COMMUNITY SERVICE REPORT OUT FROM RECENT CLOSED SESSION MEETINGS CITY MANAGER UPDATES TO COUNCIL REORGANIZATION / STATE OF THE CITY ANNOUNCEMENT HERITAGE DOWNTOWN UPDATE GRANTS PROGRAM UPDATE 1. CONSENT CALENDAR 1.A WAIVE READING OF RESOLUTIONS AND ORDINANCES 1.B RE-RATIFICATION OF RESOLUTION TO CONTINUE HOLDING PUBLIC MEETINGS REMOTELY (AB 361) Staff Recommendation: By motion, in accordance with Assembly Bill 361, re-ratify the findings in Resolution No. 2021-80 to continue conducting the City’s Council, Commission, and Committee meetings remotely due to health and safety concerns to the public due to COVID-19. STAFF REPORT 2

1.C NO BUILD DETERMINATION FOR THE MAIN STREET BRIDGE REHABILITATION PROJECT Staff Recommendation: Adopt a resolution authorizing the City Manager to recommend approval of the National Environmental Policy Act “No Build Option” for Main Street Bridge Replacement project and direct staff to prepare all necessary documents to implement this recommendation in accordance with Caltrans and Federal Highway Administration procedures. STAFF REPORT RESOLUTION ATTACHMENT 1 ATTACHMENT 2 ATTACHMENT 3 ATTACHMENT 4 1.D AGREEMENT WITH SWCA ENVIRONMENTAL CONSULTANTS, FOR ENVIRONMENTAL SERVICES FOR PILARCITOS CREEK RESTORATION AND REMEDIATION PROJECT Staff Recommendation: Adopt a resolution authorizing the City Manager to execute a Professional Services Agreement with SWCA Environmental Consultants, in the amount of $53,328 for environmental and entitlement services associated with the Pilarcitos Creek Restoration and Remediation Project. STAFF REPORT RESOLUTION 2. ORDINANCES AND PUBLIC HEARINGS 2.A ADOPTION OF THE 2022 EDITIONS OF THE CALIFORNIA BUILDING STANDARDS CODE Staff Recommendation: Conduct a public hearing, and upon receiving community input: 1. Introduce an ordinance amending Chapter 14.04 of the Half Moon Bay Municipal Code, adopting by reference the 2022 Edition of the California Building Standards Code, with local amendments, and finding the amendments to be exempt from environmental review under the California Environmental Quality Act (CEQA); and 2. Direct staff to place the ordinance and the attached resolution establishing the “Need for Local Modifications to the California Building Standards Code” and ratifying the Coastside Fire Protection District’s Ordinance No. 2022-03 on the consent calendar for adoption on December 20, 2022. STAFF REPORT 3

RESOLUTION ORDINANCE 2.B DISPOSABLE FOODWARE ORDINANCE UPDATE Staff Recommendation: Conduct a public hearing and: (1) Introduce an ordinance (Attachment 1) amending Chapter 7.30 of the Half Moon Bay Municipal Code entitled “Disposable Foodware” regarding food facilities’ provision of single-use foodware accessories, the removal of language surrounding fluorinated chemicals, and the removal of language surrounding BPI certified compostable plastics, and finding the amendments to be exempt under the California Environmental Quality Act (CEQA); [Option 1] or (2) Introduce an ordinance (Attachment 2) amending Chapter 7.30 of the Half Moon Bay Municipal Code entitled “Disposable Foodware” regarding food facilities’ provision of single-use foodware accessories, the removal of language surrounding fluorinated chemicals, the removal of language surrounding BPI certified compostable plastics, and, beginning on June 1, 2023, requiring reusable foodware for On-premises dining, and finding the amendments to be exempt under the California Environmental Quality Act (CEQA) [Option 2]. STAFF REPORT ATTACHMENT 1 ATTACHMENT 2 3. RESOLUTIONS AND STAFF REPORTS None. COMMISSION / COMMITTEE UPDATES CITY COUNCIL REPORTS FOR FUTURE DISCUSSION / POSSIBLE AGENDA ITEMS ADJOURNMENT 4

Page 1 of 3 BUSINESS OF THE COUNCIL OF THE CITY OF HALF MOON BAY AGENDA REPORT For meeting of: December 6, 2022 TO: Honorable Mayor and City Council VIA: Matthew Chidester, City Manager FROM: Jessica Blair, Communications Director / City Clerk TITLE: RE-RATIFICATION OF RESOLUTION TO CONTINUE HOLDING PUBLIC MEETINGS REMOTELY (AB 361) ______________________________________________________________________________ RECOMMENDATION: By motion, in accordance with Assembly Bill 361, re-ratify the findings in Resolution No. 2021- 80 to continue conducting the City’s Council, Commission, and Committee meetings remotely due to health and safety concerns to the public due to COVID-19. FISCAL IMPACT: There is no fiscal impact associated with this item. STRATEGIC ELEMENT: This action supports the Inclusive Governance element of the Strategic Plan. BACKGROUND: On March 4, 2020, Governor Newsom declared a State of Emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the state prepare for a broader spread of COVID-19. Thereafter, on March 17, 2020, the City Council adopted Resolution 2020-16 declaring a local emergency due to COVID-19. The same day, Governor Newsom issued Executive Order N-29- 20, which suspended certain provisions of the Ralph M. Brown Act to allow local legislative bodies to conduct meetings telephonically or by other means. Additionally, the State implemented a shelter-in-place order, requiring all non-essential personnel to work from home. Staff quickly worked to set up remote meetings via Zoom for all City Council and Planning Commission meetings. The Zoom meetings have allowed the Council, Commissions, and Committees to continue to conduct City business from the safety of members’ homes. The City has been utilizing Zoom for the past 18 months to conduct nearly all public meetings. The usage of Zoom for public meetings has allowed the City to ensure the public’s continued access to government meetings while also ensuring the public’s safety. 5

Page 2 of 3 On June 11, 2021, Governor Newsom issued Executive Order N-08-21, which extended the ability of agencies to hold remote meetings through September 30, 2021, after which agencies anticipated transitioning back to public meetings held in full compliance with the Brown Act. In preparation for the return to in-person meetings, staff has been working on acquiring audio and visual upgrades for City facilities to conduct hybrid meetings. Although hybrid meetings would help to keep the public safe by allowing them to continue accessing the meetings from their own home, Councilmembers, Commissioners, Committee members, and staff would need to meet in person. Since the Governor issued Executive Order N-08-21, the Delta variant has emerged, causing a spike in cases throughout the state. As a result, the San Mateo County Health Department issued a Health Order requiring masks indoors in public places, regardless of vaccination status, starting August 3, 2021. On September 16, 2021, Governor Newson signed Assembly Bill 361 (AB 361), which allows cities to continue to meet remotely during proclaimed states of emergency under modified Brown Act requirements that are similar but not identical to the rules and procedures established by the previous Executive Orders. AB 361 authorizes local agencies to use teleconferencing without complying with the teleconferencing requirements imposed by the Ralph M. Brown Act during a declared state of emergency, when state or local health officials have imposed or recommended measures to promote social distancing during the proclaimed state of emergency, or when there is an imminent risk to the health or safety of attendees. On October 5, 2021, the City Council adopted Resolution No. 2021-80 under the requirements of AB 361 to continue conducting meetings remotely. AB 361 requires the City Council to make the findings every 30 days, necessitating the need for this item. On December 15, 2021, a statewide mask mandate went into effect due to a rise in cases across the state. On January 10, 2022, in response to the surge of COVID-19 cases, Omicron variant, City Hall closed to the public moving services to remote services. On March 1, 2022, the statewide requirement that unvaccinated individuals mask in indoor public settings moved to a strong recommendation that all persons, regardless of vaccine status, continue indoor masking. The San Mateo Chief Health Officer has likewise recommended the CDC’s masking guidance. It has been announced by the Governor’s Office that the State of Emergency will expire on February 28, 2023. Therefore, the City Council will be required to return to in-person meetings starting on March 1, 2023. 6

Page 3 of 3 DISCUSSION: AB 361 will allow local legislative bodies to continue to meet remotely after the September 30, 2021 expiration of the Governor’s executive orders. A local agency will be allowed to continue to meet remotely when: • The local agency holds a meeting during a declared state of emergency • State or local health officials have imposed or recommended measures to promote social distancing • Legislative bodies declare the need to meet remotely due to present imminent risks to the health or safety of attendees The City meets the requirements to continue holding meetings remotely to ensure the health and safety of the public due to the following: • The City is still under a local state of emergency • County health orders require that all individuals in public spaces maintain social distancing and wear masks • The City can’t maintain social distancing requirements for the public, staff, Councilmembers, Commissioners, and Committee Members in their meeting spaces The City cannot ensure social distancing requirements are met inside City facilities where the City Council, Planning Commission, Parks and Recreation Commission, Redistricting Advisory Committee, Bicycle and Pedestrian Advisory Committee, and Main Street Bridge Advisory Committee meet. Councilmembers, Commissioners, Committee Members, and staff sit well within six feet of each other. Moreover, the County’s indoor mask order is still in effect, making it difficult to hear what Councilmembers, Commissioners, Committee Members, staff, and public speakers are saying. Furthermore, while speaking through masks may be understandable in person, picking up speech on microphones for those attending remotely and those watching any livestreams would be difficult. Per AB 361, the City Council would need to declare every 30 days that the City’s legislative bodies must continue to meet remotely to ensure the health and safety of the public. Staff recommends that the City Council declare these findings are true so these bodies can continue to meet remotely. Staff will return with this resolution for re-ratification at the Council’s 1 st Tuesday meeting each month, at which time the Council can reassess as various health orders and COVID-19 parameters change. 7

Page 1 of 4 BUSINESS OF THE COUNCIL OF THE CITY OF HALF MOON BAY AGENDA REPORT For meeting of: December 6, 2022 TO: Honorable Mayor and City Council VIA: Matthew Chidester, City Manager FROM: John Doughty, Public Works Director Maz Bozorginia, City Engineer TITLE: NO BUILD DETERMINATION FOR THE MAIN STREET BRIDGE REHABILITATION PROJECT ______________________________________________________________________________ RECOMMENDATION: Adopt a resolution approving the NEPA “No Build” option for the Main Street Bridge Rehabilitation project and direct staff to take all necessary actions to close out the Project in accordance with Caltrans and FHWA procedures. FISCAL IMPACT: Selection of the No Build Option and close-out of the Project will result in an immediate savings of approximately $150,000 related to design and environmental review with an additional savings of approximately $1.35 million in City matching funds during construction. To date, Caltrans has reimbursed the City approximately $750,000 in design and environmental costs. Because environmental, right-of-way, and legal issues have arisen during this preliminary engineering phase that make the project not feasible or cost-effective, Caltrans reimbursement of the City’s preliminary engineering costs is authorized under the Caltrans Local Assistance Program Guidelines, Chapter 6 (Highway Bridge Program), and should not be subject to a refund. STRATEGIC ELEMENT: This recommendation supports the Infrastructure and Environment, Healthy Communities and Public Safety, and Inclusive Governance Elements of the Strategic Plan. BACKGROUND: The Main Street Bridge was constructed in the early 1900’s and serves as the primary access point to downtown Half Moon Bay from State Route 92. The Main Street Bridge is a critical element of the City’s downtown and environmental setting. It is a historic structure and has a critical relationship to the riparian habitat resources of Pilarcitos Creek. The Bridge structure is a concrete arch that is supported on concrete abutments and timber piles. A spandrel wall 8

Page 2 of 4 projects out from the arch soffit and supports the earthen fill used as the roadbed. Wingwalls extend back from the abutments to support the roadway approaches. Main Street Bridge Rehabilitation Project In 2012, the City authorized design of a new Main Street Bridge that would demolish the existing bridge and replace it with a new, wider bridge to address identified structural deficiencies. Staff subsequently applied for a bridge replacement grant from Caltrans and the Federal Highway Administration (FHWA). There was significant community opposition to this bridge replacement project and in 2014 Half Moon Bay voters passed Measure F, the “Main Street Bridge Preservation Act,” which requires the Bridge’s “historical, visual, and physical integrity (including appearance and character)” to be “preserved intact” and prohibits the City from demolishing or physically expanding the Bridge without a prior vote of the people. In addition, the Main Street Bridge (also known as the Pilarcitos Creek Bridge) was listed on the National Register of Historic Places. In 2015, the City Council commissioned a report from Atkinson Noland & Associates, a Colorado-based structural engineering firm regarding the Main Street Bridge. The report did not evaluate seismic stability, but ultimately concluded that the bridge was structurally adequate and not eminently likely to fail. In 2016, the City applied for federal grant funding to address seismic retrofit of the Bridge as part of the Highway Bridge Program (HBP). The purpose of this Project was to have a federally funded Main Street Bridge rehabilitation project consistent with Measure F’s requirement to preserve the Bridge’s historical, visual, and physical integrity intact. On February 28, 2018, Caltrans approved a $1,291,000 budget for Preliminary Engineering, authorizing preparation of plans, specifications, environmental document, permits and project management for the Project. Right-of-Way Issues Associated with New Barrier Standards and Resulting Design Modifications While preliminary engineering work was underway, Caltrans adopted new bridge barrier requirements. These standards apply to all State and federally funded bridge construction and rehabilitation projects advertised for construction on or after September 1, 2019, and were not contemplated at the time of the Project grant application or award. Under the new provisions, all barriers must comply with the Manual for Assessing Safety Hardware (MASH) criteria and must be crash-tested. The new MASH criteria required significant modifications to the initial bridge rehabilitation design, including replacing the existing barriers, widening of the sidewalks to accommodate the new barriers, removal of the pilasters, and providing additional weight support. This new design became the Preferred Design Alternative for review under the National Environmental Policy Act (NEPA), which is required in addition to CEQA for any project that is federally-funded. 9

Page 3 of 4 Environmental and Legal Issues Associated with the Project Design Given the design modifications to accommodate the MASH barriers, there is a concern that the Project could result in an adverse effect on historic integrity under Section 106 of the National Historic Preservation Act or significant historical resource impacts under NEPA or CEQA. Caltrans’ Architectural Historian has emphasized the importance of maintaining the overall visual appearance of the bridge to pedestrian and vehicle users and has not accepted the bridge design as meeting historic requirements. There is also a concern that the Project design is not consistent with Measure F. In January 2022, the City received a letter from a resident threatening litigation for alleged violations of Measure F and asking the City to Cease and Desist all work on the Main Street Bridge Rehabilitation Project. This was followed by a May 2022 communication from the Caltrans Structural Group informing the City that Highway Bridge Program managers received FHWA input on the project design and the FHWA considers this a bridge replacement project, not a rehabilitation project. They concluded that “this is essentially a bridge replacement project with the existing arch bridge being rehabilitated for the purposes of aesthetics.” Given this state and federal determination that the Preferred Design Alternative is a bridge replacement project, not a rehabilitation project, it is advisable that the City does not proceed with the project, in light of Measure F. The voters of Half Moon Bay overwhelmingly rejected a bridge replacement project in adopting Measure F, and the surrounding circumstances have not materially changed since that time. In staff’s opinion, submitting this bridge Project to the voters would not achieve a different result. This is based on consultations with community members involved in the Measure F election. Further, at a public meeting in March of 2022, the City Council directed staff to suspend all work on the bridge Project due to potential adverse impacts to the historic bridge, project delays, and increased costs. The City did not receive comments before or after that meeting expressing concerns over that action or advocating to move forward with the Project. Accordingly, it is unlikely that the Project is legally feasible. Further, calling an election would entail considerable expense, as the City would be required to reimburse the County for the costs associated with holding the election. Cost-Effectiveness, Purpose and Need The design modifications necessitated by the new MASH barrier standards and associated review delays have resulted in total anticipated bridge costs at least 30-percent higher than anticipated in 2018. Further, Caltrans informed the City in May of 2022 that, given it considered the new design a replacement project, further grant funds for the Project would be limited to the cost of demolition of the existing arch bridge (which would violate Measure F). In other words, federal funds would not be available to construct the Preferred Design Alternative for this Project. As such, the project is no longer cost-effective. Further, this Alternative no longer meets the Project purpose of a federally funded bridge rehabilitation project and the only viable option remains the No Build Alternative. 10

Page 4 of 4 The “No Build” Alternative The NEPA alternatives for the Project consist of the Preferred Design Alternative and a No Build Alternative. The No Build Alternative is defined as not moving forward with a federally funded project to rehabilitate the Main Street Bridge. It includes minimum maintenance by the City limited to repainting the barriers, replacing timber decking boards etc. when required, similar to the current maintenance program. DISCUSSION: City staff is submitting the attached BCA Project Report for Council’s Consideration and recommending that the City Council approve the NEPA “No Build Alternative” for the Project for the following reasons: 1. There are environmental concerns regarding the project’s impact to a historic resource, the Main Street Bridge, given modifications to bridge necessitated by MASH standards. 2. Caltrans and FHWA determination that this is a “replacement” project as opposed to a “rehabilitation” project and the approved rehabilitation funds could only be used towards demolition of the existing bridge, but Measure F prohibits demolition without voter approval. 3. Legal issues have arisen that make the project not feasible. Submitting this Project to voters is unlikely to achieve an approval by a majority of voters and would be a waste of public funds. ATTACHMENTS: 1. City’s Measure F 2. Cease and Desist Letter 3. Caltrans Structural Group Determination 4. BCA Project Report, Technical Memorandum re Main Street Bridge Rehabilitation— Alternatives Analysis and Project Closeout 11

RESOLUTION NO. C-2022- A RESOLUTION OF THE CITY COUNCIL OF THE C