CITY OF SANTA CRUZ
809 Center Street
Santa Cruz, California 95060
CITY COUNCIL AGENDA
Regular Meeting – April 12, 2022
Updated April 8, 2022 – see item 27.
10:30 A.M. CLOSED SESSION, ZOOM
1:00 P.M. CONSENT, CONSENT PUBLIC HEARINGS, PUBLIC HEARINGS, AND
GENERAL BUSINESS, ZOOM
6:00 P.M. ORAL COMMUNICATIONS AND PUBLIC HEARING, 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, April 11th.
April 12, 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, April 10th 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 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
2. Conference With Legal Counsel – Liability Claims (Government Code §54956.95)
Claimant: Chris and Scott Pinheiro
Claim against the City of Santa Cruz
April 12, 2022 City Council 3
Closed Session (continued)
3. Conference with Legal Counsel - Existing Litigation (Government Code §54956.9(d)(1))
1) Dervishian v. Mott, Konzen, Gieringer, City of Santa Cruz, et al. (Santa Cruz Superior Court, Case No. 18CV01510)
2) Regents of the University of California, et al. v. City of Santa Cruz (Santa Cruz County Superior Court Case No. 20CV02152)
3) City of Santa Cruz v. Regents of the University of California, et al. (Santa Cruz County Superior Court Case No. 22CV00373)
April 12, 2022 City Council 4
City Council
1:00 PM
Call to Order
Roll Call
Presentations
4. Small Business Development Center Presentation
5. Jane Mio - Service Award of Excellence Awardee
6. Mayoral Proclamation Declaring March 15, 2022 as Equal Pay Day for Women
Presiding Officer's Announcements
Statements of Disqualification
Additions and Deletions
City Attorney Report on Closed Session
City Manager Report
7. The City Manager will report and provide updates on the City's business, COVID-19 response, and events.
April 12, 2022 City Council 5
Council Meeting Calendar
8. The City Council will review the meeting calendar attached to the agenda and revise it as necessary.
Consent Agenda
9. Resolution 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.
10. Minutes of the March 22, 2022 City Council Meeting (CC) Motion to accept as submitted.
11. Minutes of the March 29, 2022 City Council Study Session (CC) Motion to accept as submitted.
12. Minutes of the March 29, 2022 City Council Special Meeting (CC) Motion to accept as submitted.
13. Resolution Declaring the City Council’s Intent Regarding Possible Proceeds from Measure F, a Sales and Use Tax Ballot Item on the June 2022 California Statewide Primary Election (CN)
Resolution declaring the City Council’s intent regarding the use of potential revenues generated by Measure F, a sales and use tax ballot item on the June 2022 California Statewide Primary Election.
14. Resolution Condemning Antisemitism (CN)
Resolution condemning antisemitism and expressing solidarity with the Jewish people in the community, in the United States, and around the globe.
April 12, 2022 City Council 6
Consent Agenda (continued)
15. Council Support of the Establishment of a New CalVet Veterans Home in Monterey County in Order to Provide Skilled Nursing and Memory Care Services for Aging, Disabled, and Homeless Veterans Living in the Central Coast Region of California (CN)
Motion to direct the Mayor to write a letter to the Monterey County Board of Supervisors and to California State Legislators in support of the establishment of a new CalVet Veterans Home in Monterey County.
16. Loan Consolidation and Affordability Term Extension for Sycamore Street Commons and La Playa Residential – Affordable Housing (ED) Motion to approve loan terms for the consolidation and extension of City of Santa Cruz loans for Sycamore Street Commons and La Playa Residential and authorize the City Manager to execute the loan documents in a form to be approved by the City Attorney for the purpose of rehabbing this affordable housing and extending the affordability period.
17. Expiration of Statewide Evictions Moratorium – Authorization to Enter into an Agreement with the Community Action Board for $150,000 for Tenant-Based Rental Assistance through December 31, 2022 (ED) Resolution appropriating $150,000 from the CA state funding for homelessness response and authorizing the City Manager to execute an agreement with the Community Action Board, in a form approved by the City Attorney, to provide tenant-based rental assistance through December 31, 2022.
April 12, 2022 City Council 7
Consent Agenda (continued)
18. Amend Lease with 1200 Pacific, LLC. to Include Conference Space at 1200 Pacific Avenue for use by the City’s Finance Department and Appropriate $442,827 for Conference Space, Space Improvements and Infrastructure, Lease Deposit, Office Furniture Move, Rental, and Purchase (FN)
Motion to:
1) Adopt a resolution amending the FY 2022 budget to increase appropriation in the amount of $442,827 for conference space, space improvements and infrastructure, deposit rental, office furniture move, rental, and purchase.
2) Authorize and direct the City Manager to execute an amendment to the Lease Agreement with 1200 Pacific, LLC., and any amendments thereto, in a form acceptable to the City Attorney, for premises located at 1200 Pacific Avenue to serve as office space for the Finance Department.
19. UV Bypass Valve Repair (m409659) – Notice of Completion (PW) Motion to accept the work of Anderson Pacific Engineering Construction Inc., (Santa Clara, CA) and to authorize the filing of the Notice of Completion for the UV Bypass Valve Repair Project (m409659).
April 12, 2022 City Council 8
Consent Agenda (continued)
20. High Voltage Portable Battery Charger for First All Electric Refuse Truck (g402205) – Budget Adjustment (PW)
Motion to:
1) Adopt a resolution amending the FY 2022 budget and appropriate funds in the amount of $179,552.38 to fully fund the high voltage portable battery; and
2) Adopt a resolution to authorize the City Manager to apply, accept, and appropriate funding from California Energy Commission’s grant programs that the City is eligible for a five-year term; and 3) Authorize the City Manager to apply, accept, and appropriate grant funds from California Energy Commission (CEC) Energy Infrastructure Incentives for Zero-Emission Commercial Vehicles (EnergIIZE Commercial Vehicles) and authorize FreeWire Technologies to apply for funds on the behalf of the City for the Ultrafast EV Charger with Integrated Storage (g402205).
21. 3 Water Cogeneration Cooling Line Replacement (c401407) – Authorization to Advertise and Award (PW)
Motion to approve the plans and specifications for 3 Water Cogeneration Cooling Line Replacement (c401407), 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.
22. T2 Systems Parking Pay Stations - Award Contract (PW) Motion to award a contract for the purchase of 10 Luke II Parking Pay Stations from T2 Systems (Burnaby, BC) in the amount not to exceed $148,009.04.
End Consent Agenda
April 12, 2022 City Council 9
Consent Public Hearings
23. Tax Equity and Fiscal Responsibility Act Hearing for Approval of the California Municipal Finance Authority for Issuance of Tax-Exempt Bonds for the Benefit of the Sycamore Street Commons and La Playa Residential Affordable Housing Projects (ED)
1) Conduct the public hearing under the requirements of Tax Equity and Fiscal Responsibility Act (TEFRA) and the Internal Revenue Code of 1986, as amended (the “Code”).
2) Resolution approving the issuance of Tax-Exempt Revenue Bonds by the California Municipal Finance Authority (“CMFA”) for the benefit of Mercy Housing California 72, L.P., a California limited partnership, or another entity to be established by Mercy Housing California or an affiliate thereof (collectively, the “Borrower”), in an amount not to exceed $28 million dollars to provide financing for Sycamore Street Commons and La Playa Residential (the “Project”), such adoption is solely for the purposes of satisfying the requirements of TEFRA, the Code and the California Government Code Section 6500.
24. 2nd Reading and Final Adoption of Ordinance No. 2022-03 Repealing Santa Cruz Municipal Code ("SCMC") Chapter 5.81 ("Vending and Display Devices on City Property") and Adding SCMC Chapter 5.82 (CM) Adopt Ordinance No. 2022-03 repealing Santa Cruz Municipal Code (“SCMC”) Chapter 5.81 (“Vending and Display Devices on City Property”) and adding SCMC Chapter 5.82 (“Sidewalk Vending”).
Public Hearings
25. Municipal Code Amendments Relating to Small Cell Wireless Telecommunications Facilities Responding to Modifications Requested by the California Coastal Commission (PL)
This item is continued to the April 26, 2022 Council meeting.
26. Slope Regulation Ordinance Amendments to Chapters 18.45, 24.04,
24.08, 24.14, and 24.22 of the Santa Cruz Municipal Code (PL) This item is continued to the April 26, 2022 Council meeting.
April 12, 2022 City Council 10
Public Hearings (continued)
The below item was updated to amend the recommendation and the resolution attachment.
27. Green Building Program Proposed Fee Increase (PL)
Motion to:
1) Introduce for publication an amendment to Chapter 24.15, (Green Building Regulations), to specify that the fee associated with the Green Building Educational Resource Fund will be established by resolution of the City Council; and
2) Adopt a resolution to increase the Green Building Fee from 0.0025 to
0.0100 times the overall valuation of a project to retain the $50,000 fee cap, and to incorporate said fee increase into the City Unified Master Fee Schedule with a footnote that annual Consumer Price Index increases do not apply to the fee; and
3) Direct staff to update all associated fee schedules, such as userfriendly fee schedules developed by staff and post them online, where applicable, for the public.
General Business
28. Transportation and Public Works Commission (TPWC) Appointment (CC) This item is continued to the May 10, 2022 Council meeting.
29. Parks and Recreation Annual Report (PR)
This item is continued to the April 26, 2022 Council meeting.
30. Public Gathering and Expression Events Ordinance Amendment (CA) Introduce for publication an ordinance amending City of Santa Cruz Municipal Code (“SCMC”) Chapter 10.65 – Public Gathering and Expression Events.
Recess - The City Council will recess to the 6:00 p.m. session.
April 12, 2022 City Council 11
City Council
6:00 PM
Call to Order
Roll Call
Oral Communications Announcement – Community members may address the Council for three minutes or less about any matter not on the agenda. 30 minutes is allocated for Oral Communications. No extra time for groups will be granted.
Oral Communications
Public Hearing
31. City Council Review of the Planning Commission’s Approval of the Coastal and Design Permits to Authorize the Development Associated with the Amended Municipal Code Pertaining to the Parking of Oversized Vehicles and to Implement City-wide Safe Parking Programs for Unhoused City Residents Living in Oversized Vehicles in the City of Santa Cruz (PL)
Resolution acknowledging the environmental determination and approving the Coastal Permit and Design Permit based on the findings listed in the draft resolution and the Conditions of Approval attached as Exhibit “A”.
Adjournment
April 12, 2022 City Council 12
INFORMATION ITEMS PREVIOUSLY DISTRIBUTED TO CITY COUNCILMEMBERS ADDENDUM TO CITY COUNCIL AGENDA – APRIL 12, 2022
32. City Manager: Quarterly Grant Report – Fiscal Year 2022 as of December 31, 2021 - 3/17/22 (CMFYI 260)
33. Finance Department: Portfolio Management Report – Pooled Cash and Investments as of February 28, 2022 - 3/21/22 (FNFYI 352)
MAYOR'S PROCLAMATIONS
ADDENDUM TO CITY COUNCIL AGENDA – APRIL 12, 2022
34. Proclaiming the month of March 2022 as “Red Cross Month” and encouraging all citizens to reach out and support its humanitarian mission.
35. Proclaiming March 22, 2022 as “Jane Mio Day” in recognition of the past five years and countless hours that she has volunteered her time, while also engaging with numerous organizations and volunteers, to improve the community and habitat along the San Lorenzo River; for her ongoing dedication to the environment, parks, and people of Santa Cruz; for her work as a Parks and Recreation Commissioner and Chair; and for her special service creating the Benchlands Environmental Stewardship Team—she is truly a champion of the community.
36. Proclaiming March 23, 2022 as “Madelyn McCaul Day” and encouraging all local residents to join in recognizing this extraordinary resident of our local community.
April 12, 2022 City Council 13
Advisory Body Appointments
The following positions are vacant. Council will make the appointments at a future meeting.
Historic Preservation Commission One opening
Sister Cities Committee Two openings
Transportation and Public Works Commission One opening
County Latino Affairs Commission One opening
Public Hearing
If, in the future, you wish to challenge in court any of the matters on this agenda for which a public hearing is to be conducted, you may be limited to raising only those issues which you (or someone else) raised orally at the public hearing or in written correspondence received by the City at or before the hearing.
Any person seeking to challenge a City Council decision made as a result of a proceeding in which, by law, a hearing is required to be given, evidence is required to be taken, and the discretion in the determination of facts is vested in the City Council, shall be required to commence that action either 60 days or 90 days following the date on which the decision becomes final as provided in Code of Civil Procedure Section 1094.6 Please refer to code of Civil Procedure 1094.6 to determine how to calculate when a decision becomes “final.” The 60-day rule applies to all public hearings conducted pursuant to the City’s Zoning Ordinance, Title 24, Santa Cruz Municipal Code. The 90-day rule applies to all other public hearings.
April 12, 2022 City Council 14
City Council Agenda Legislative History Addendum
No information was submitted.
City staff is responsible for providing the City Clerk with such documentation and information for the Legislative History Addendum. The information will be on file in the City Clerk’s Department.
The Addendum is a listing of information specific to City Council business, but which does not appear on a Council meeting agenda. Such entities would include, but not be limited to: Court decisions, Coastal Commission Appeals of City Council actions, Closed Session Agreements/Settlements, which are public record, Association of Monterey Bay Area Governments, Local Agency Formation Commission.