CITY OF SANTA CRUZ
809 Center Street
Santa Cruz, California 95060
CITY COUNCIL AGENDA
Regular Meeting – March 22, 2022
10:30 A.M. CLOSED SESSION, ZOOM
12:00 P.M. CONSENT, PUBLIC HEARINGS, GENERAL BUSINESS, AND CLOSED SESSION, ZOOM
6:30 P.M. ORAL COMMUNICATIONS AND GENERAL BUSINESS, ZOOM COVID-19 ANNOUNCEMENT: Due to the Omicron variant, this meeting will be held via teleconference ONLY.
In order to minimize exposure to COVID-19 and to comply with the social distancing suggestion, the meeting may be viewed remotely, using any of the following sources:
Click on Zoom link (no time delay): https://zoom.us/j/94684401344 Online at http://www.cityofsantacruz.com/government/city-council/council-meetings Online at Watch – Community Television of Santa Cruz County Comcast Channel 25
Or: Call any of the numbers below. If one is busy, try the next one. 1-833-548-0276 (Toll Free)
1-833-548-0282 (Toll Free)
1-877-853-5247 (Toll Free)
1-669-900-9128
Enter the meeting ID number: 946 8440 1344
When prompted for a Participant ID, press #.
Press *9 on your phone to “raise your hand” when the Mayor calls for public comment. It will be your turn to speak when the Mayor calls on you. Press *6 to unmute yourself.
The timer will then be set to 2 minutes.
Correspondence to be included in the agenda packet must be received by 5:00 pm on Monday, March 21st.
March 22, 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, March 20th 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
10:30 AM
Closed Session
1. Conference With Legal Counsel – Liability Claims (Government Code §54956.95)
1) Claimant: Neil Bernardi-Wright
2) Claimant: Armand Joseph Tiano
Claims against the City of Santa Cruz
2. Conference with Labor Negotiators (Government Code §54957.6) SEIU Temporary Employees
SEIU Service Employees
Mid Managers, OE3
Supervisors, OE3
Fire Management
Fire, IAFF
Police Management
Police Officers Association
Executives
City Negotiator - Lisa Murphy
March 22, 2022 City Council 3
City Council
12:00 PM
Call to Order
Roll Call
Presentations
3. Mayoral Proclamation Declaring March 2022 as Red Cross Month
4. Library Mixed-Use Project Update
5. Mayoral Proclamation Declaring March 22, 2022 as Jane Mio Day Presiding Officer's Announcements
Statements of Disqualification
Additions and Deletions
City Attorney Report on Closed Session
Council Meeting Calendar
6. The City Council will review the meeting calendar attached to the agenda and revise it as necessary.
March 22, 2022 City Council 4
Council Memberships in City Groups and Outside Agencies
7. The Presiding Officer will provide Councilmembers with the opportunity to update Council on any external committee meetings that occurred since the last Council meeting.
Consent Agenda
8. Resolution Extending the Emergency Declaration in Connection with the CZU August Lightning Complex Fire by Sixty (60) Days (CA) Resolution extending by sixty days the Local Emergency Declaration in connection with the CZU August Lightning Complex Fire.
9. Resolution Extending the Emergency Declaration in Connection with COVID-19 Pandemic by Sixty (60) Days (CA)
Resolution extending by sixty days the Declaration of Emergency in connection with the COVID-19 pandemic.
10. Resolution 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.
11. Resolution Amending the FY 2022 Budget to Prepare for the Cost of the June 2022 Statewide Primary Election (CC)
Resolution amending the FY 2022 budget to appropriate funds to cover the cost of the election to be held on June 7, 2022.
The attachment for the below item was updated.
12. Minutes of the March 8, 2022 City Council Meeting (CC) Motion to approve as submitted.
March 22, 2022 City Council 5
Consent Agenda (continued)
13. U.S. Department of State U.S. Mission Italy, Public Diplomacy Section, Public Diplomacy Grants Program - Grant Acceptance, Authorization, and Appropriation (CM)
Resolution authorizing the City Manager to apply for, accept, and appropriate funds from the U.S. Department of State U.S. Mission Italy, Public Diplomacy Section, Public Diplomacy Grants Program to complete a year-long academic and cultural Sister Cities exchange program with Sestri Levante, Italy to focus on art, climate change, and tourism.
14. Urban Sustainability Directors Network Emergent Learning Fund Proposal - Grant Acceptance, Authorization, and Appropriation (CM) Resolution authorizing the City Manager to apply for, accept, and appropriate funds from the Urban Sustainability Directors Network Emergent Learning Fund to complete a six-month collaborative regional project entitled Centering Justice: Monterey Bay Climate Response.
15. A Resolution of Support for Workers at Starbucks in Santa Cruz (CN) Motion to:
1) Adopt a resolution expressing the Santa Cruz City Council’s support for workers at Starbucks in Santa Cruz who are attempting to form a union, and urging Starbucks to accept card check neutrality or allow these workers to hold a free and fair election so they can vote to form a union.
2) Authorize the Mayor to send a letter on behalf of the City Council to the Starbucks Chief Executive Officer in support of the rights of Starbucks workers to form a union.
16. AB 1690 (Rivas) Smoking Waste Pollution Prevention Act (CN) Motion to direct the Mayor to send a letter of support urging State Legislators to pass AB 1690, the California Smoking Waste Pollution Prevention Act.
March 22, 2022 City Council 6
Consent Agenda (continued)
17. City Art of Recovery Design (CARD) Pilot Grant Program Dancing Waters Project (ED)
Motion to approve funding the City Art of Recovery Design (CARD) Pilot Grant Project Dancing Waters in the amount of $117,120 from the Water Percent for Art Fund and authorize the City Manager to execute a Sponsorship Agreement for the project, in a form approved by the City Attorney.
18. Liability Claims Filed Against the City of Santa Cruz (FN) Motion to reject the liability claims of a) Neil Bernardi-Wright, and b) Armand Joseph Tiano, based on staff recommendation.
19. Establishing Juneteenth as a Citywide Holiday (HR)
Resolution declaring Juneteenth (June 19) a holiday for all City employees in the City of Santa Cruz.
20. Encroachment Permit – Accessibility Improvements for 261 Evergreen Street (APN 001-101-06) (PW)
Resolution granting an encroachment permit to Sibley Simon for construction and maintenance of ADA accessible parking, hardscape paths, and curb ramp adjacent to 261 Evergreen Street (APN 001-101- 06).
21. Rising Prices for City Vehicle and Equipment Tires and Fuel – Budget Adjustment (PW)
Resolution amending the FY 2022 budget to appropriate funds in the amount of $365,000 to fund rising fuel expenses and tire purchases.
March 22, 2022 City Council 7
Consent Agenda (continued)
22. Resource Recovery Facility Household Hazardous Waste Collection Facility Upgrade (c402202) – Advertise for Bids and Award Contract (PW)
Motion to approve the plans and specifications for the Resource Recovery Facility Household Hazardous Waste Collection Facility Upgrade (c402202) and authorize staff to advertise for bids and award the contract. The City Manager is hereby authorized and directed to execute the contract, in a form approved by the City Attorney. The Public Works Director is authorized to execute change orders within the approved budget.
23. Library Lane Sewer Improvement Project (c402206) – Notice of Completion (PW)
Motion to accept the work of Precision Grade, Inc. (San Juan Bautista, CA) and authorize the filling of the Notice of Completion for the Library Lane Sewer Improvement Project (c402206).
24. 3rd Quarter FY 2022 Water Department Capital Investment Program Transfer – Budget Adjustment (WT)
Resolution amending the FY 2022 budget and transferring budget appropriations within the Water Department Capital Investment Program (CIP) to update various project budgets with current cost forecasts.
End Consent Agenda
Public Hearings
25. 2022-2023 U.S. Department of Housing and Urban Development (HUD) Action Plan (ED)
Make initial funding awards for the 2022-2023 U.S. Department of Housing and Urban Development (HUD) Annual Action Plan for both Community Development Block Grant (CDBG) and Home Investment Partnerships Program (HOME).
March 22, 2022 City Council 8
Public Hearings (continued)
26. 2nd Reading and Final Adoption of Ordinance No. 2022-02 Small Housing Units General Plan, Downtown Plan, Local Coastal Plan, and Zoning Ordinance Updates – Single Room Occupancy, Small Ownership Units, and a New Use Called Flexible Density Units (PL) 1) Adopt Ordinance No. 2022-02 amending Title 24 of the Municipal Code regulating small housing units including replacing Small Ownership Units with Flexible Density Units and making minor clarifying amendments to the Single Room Occupancy regulations. 2) Adopt a resolution authorizing and directing the City Manager to submit Ordinance No. 2022-02 and changes to the Downtown Plan as Local Coastal Implementation Plan Amendments to the California Coastal Commission for final certification.
27. Municipal Code Amendments Relating to Small Cell Wireless Telecommunications Facilities Responding to Modifications Requested by the California Coastal Commission (PL)
Motion to:
1) Adopt resolution acknowledging receipt of the resolution of certification from the California Coastal Commission, including the suggested modifications.
2) Introduce for publication an ordinance amending Chapters 24.04 and
24.12 of the Municipal Code related to small cell wireless telecommunications facilities in response to action by the California Coastal Commission.
General Business
28. Review and Accept the Final Parks and Recreation Department FY 2021 Annual Report (PR)
Review, accept, and provide feedback to staff on the Parks and Recreation Department FY 2021 Annual Report.
March 22, 2022 City Council 9
General Business (continued)
29. Expiration of Statewide Evictions Moratorium – Additional Legal Aid and Support for Tenants Affected by COVID-19 (CM/CA)
Receive a status update on the March 31, 2022 expiration of COVID-19 eviction protections and multi-jurisdictional efforts to provide additional COVID-19-related tenant assistance and direct staff to continue to work with regional partners regarding rental and legal assistance programs and services.
Recess - The City Council will recess to Closed Session.
Closed Session
30. Conference with Legal Counsel - Existing Litigation (Government Code §54956.9(d)(1))
Don’t Morph the Wharf! v. City of Santa Cruz et al.
(Santa Cruz County Superior Court Case No. 20CV02731)
March 22, 2022 City Council 10
City Council
6:30 PM
Call to Order
Roll Call
Oral Communications Announcement – Community members may address the Council for three minutes or less about any matter not on the agenda. 30 minutes is allocated for Oral Communications. No extra time for groups will be granted.
Oral Communications
General Business
31. Annual Housing Element and General Plan Progress Reports (PL) Accept the 2021 General Plan and Housing Element Annual Progress Reports and direct staff to submit the reports to the Governor’s Office of Planning and Research and the California Department of Housing and Community Development.
March 22, 2022 City Council 11
General Business (continued)
32. Sidewalk Vending Ordinance, Program, and Resource Request (CM) Motion to:
1) Introduce for publication an ordinance repealing Santa Cruz Municipal Code (“SCMC”) Chapter 5.81 (“Vending and Display Devices on City Property”) and adding SCMC Chapter 5.82 (“Sidewalk Vending”); and
2) Adopt a resolution creating a new sidewalk vending permit fee required upon issuance of a sidewalk vending permit; and 3) Adopt a resolution to amend the FY 2022 budget to appropriate funds and authorize the City Manager or their designee to complete necessary actions for the resources requested per costs associated with an e-citation platform and devices, permit materials, contract Code Compliance and security staff, and other expenditures; and 4) Direct staff to return to Council with FY 2023 requests, as part of the regular budget and personnel complement change process, to support operational needs for one Senior Code Compliance Specialist, contract Code Compliance staff, contract security staff, and other expenditures.
Adjournment
March 22, 2022 City Council 12
INFORMATION ITEMS PREVIOUSLY DISTRIBUTED TO CITY COUNCILMEMBERS None issued.
MAYOR'S PROCLAMATIONS
ADDENDUM TO CITY COUNCIL AGENDA – MARCH 22, 2022
33. Proclaiming March 7–14, 2022 as “California Arbor Week” and March 10, 2022 as “Arbor Day” and encouraging all citizens to join in recognizing the important work and contributions of the Cabrillo College Horticulture Program and the City of Santa Cruz Parks and Recreation Department, and urging students and citizens to plant trees to offset climate change and enhance our local environment and natural world for our present and future generations.
34. Proclaiming March 20, 2022 as “Nowrūz Day” and encouraging all citizens to join in this observance.
35. 3. Proclaiming the month of March 2022 as “Women’s History Month” and calling upon our community and institutions to recognize the incredible contributions that women have made; celebrate the generations of women who have shaped our history, and continue to advance gender equity; and invite all citizens to visit our Santa Cruz Public Libraries and local bookstores to learn more about Women’s History Month events and the important contributions of women in our history.
March 22, 2022 City Council 13
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.