CITY OF SANTA CRUZ
809 Center Street
Santa Cruz, California 95060
CITY COUNCIL AGENDA
Regular Meeting – April 26, 2022
Updated April 25, 2022
11:00 A.M. CLOSED SESSION, ZOOM
12:30 P.M. CONSENT, CONSENT PUBLIC HEARINGS, AND PUBLIC HEARING, COUNCIL
CHAMBERS/ZOOM
6:30 P.M. ORAL COMMUNICATIONS AND GENERAL BUSINESS, COUNCIL
CHAMBERS/ZOOM
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 to 2 minutes.
Correspondence to be included in the agenda packet must be received by 5:00 pm on Monday, April 25th.
April 26, 2022 City Council 2
PLEASE NOTE:
Councilmembers may participate in person or virtually. In-person attendees will be required to show proof of vaccination before entry. Be mindful of those around you, and maintain 3-feet social distancing. Requests for extra speaking time on items other than Oral Communications must be made by 5:00 p.m. on Sunday, April 24th 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
11:00 AM
Closed Session
1. Conference with Legal Counsel - Existing Litigation (Government Code §54956.9(d)(1))
Trujillo, Emanuel v. City of Santa Cruz, et al
(United States District Court, Northern District Case No. 5:21-cv-06477- NC)
2. Conference with Legal Counsel - Anticipated Litigation (Government Code §54956.9(d)(2))
Significant exposure to litigation (1 potential case to be discussed) April 26, 2022 City Council 3
City Council
12:30 PM
Call to Order
Roll Call
Presentations
3. Mayoral Proclamation Declaring May as Affordable Housing Month
4. Mayoral Proclamation Declaring May 1 - May 7, 2022, as Municipal Clerks Week
The below presentation will occur at or around 4:00 p.m.
5. Outstanding Volunteer Recognition
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.
April 26, 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. Minutes of the April 12, 2022 City Council Meeting (CC) Motion to approve as submitted.
9. Minutes of the April 19, 2022 City Council Special Meeting (CC) Motion to approve as submitted.
The grant name for the below item was corrected.
10. Federal Emergency Management Agency’s (FEMA) Hazard Mitigation Grant - Grant Acceptance, Authorization and Appropriation (CM) Resolution authorizing the City Manager to apply for, accept, authorize and appropriate funds from California Governor’s Office of Emergency Services for the Federal Emergency Management Agency’s Hazard Mitigation Grant Program to complete the 5-year updates to the City’s Climate Adaptation Plan and Local Hazard Mitigation Plan.
11. Opposition to Measure D - Santa Cruz County Greenway Initiative and Reiterated Support for Continued Rail Planning on the Santa Cruz Branch Rail Line (CN)
Resolution opposing Measure D - Santa Cruz County Greenway Initiative on the June 2022 ballot and reiterating the City of Santa Cruz’ support for continued rail planning on the Santa Cruz Branch line.
12. Senate Bill 886 – California Environmental Quality Act Exemption for University of California Housing Developments (CN)
Motion to direct the Mayor to send a letter opposing Senate Bill 886, which would exempt University of California on-campus housing developments from complying with the California Environmental Quality Act.
April 26, 2022 City Council 5
Consent Agenda (continued)
13. Clean California Local Grant Program – Acceptance of Grant Award and Use of Park Facilities Tax Funds for the Main Beach Public Restroom Renovations Project (PR, ED, CM)
Motion to:
1) Adopt a resolution authorizing and directing staff to accept and appropriate funds from an application request to the California Department of Transportation’s Clean California Local Grant Program, and
2) Adopt a resolution amending the FY 2022 budget for the use of $26,183 in Park Facilities Tax Funds to renovate the public restrooms located at Main Beach at 120 Beach Street.
14. Cowell Beach Concession Second Contract Amendment (PR) Resolution authorizing and directing the City Manager to execute a second contract amendment with Ed Guzman to the Cowell Beach Concession License Agreement for the operation of an ocean and beach related concession on Cowell Beach.
15. Approval of the Santa Cruz Friendship City and Sister City Adoption Policy (PR)
Review draft policy and approve the revised Santa Cruz Friendship City and Sister City Adoption Policy as recommended by the Sister Cities Committee.
16. Emergency Escalona Drive Culvert Rehabilitation (c401709) – Notice of Completion (PW)
Motion to accept the work of The Don Chapin Co., Inc. (Salinas, CA) and authorize the filing of the Notice of Completion for the Emergency Escalona Drive Culvert Rehabilitation Project (c401709).
17. Trevethan Ave Storm/Sewer Project - Phase I (c401307, c401810) – Budget Adjustment (PW)
Resolution amending the FY 2022 budget by transferring funds from supporting projects in the amount of $299,595 to fully fund the Trevethan Ave Storm/Sewer Project (c401307, c401810).
April 26, 2022 City Council 6
Consent Agenda (continued)
18. Agreement with Carollo Engineers for Application Assistance for the United States Environmental Protection Agency Water Infrastructure Finance and Innovation Act Loan and State Revolving Loans for Backbone Water Infrastructure Projects (WT)
Motion authorizing the City Manager to execute an agreement in the amount of $335,419 with Carollo Engineers to support the Water Department’s application for a United States Environmental Protection Agency (USEPA) Water Infrastructure Finance and Innovation Act Loan (WIFIA) and State Revolving Loans to support the Capital Investment Program (CIP) in a form to be approved by the City Attorney and to authorize the Water Director to execute future contract amendments within the approved budget.
19. Approval of Exemption from Local and Apprentice Employment (SCMC Ch. 3.10.080(2)) for Coast Pump Station Powerpack Construction Agreement, Pursuant to the California Public Utilities Commission’s Self-Generation Incentive Program (SGIP) (WT)
Motion exempting Tesla, Inc. from the City’s local hiring and local apprentice employment requirements as part of the Coast Pump Station Powerpack Construction Agreement, pursuant to the California Public Utilities Commission’s Self-Generation Incentive Program (SGIP).
20. Hydrologic Modeling Support from Shawn Chartrand, Simon Fraser University (SFU), for the Water Supply Augmentation Strategy, Anadromous Salmonid Habitat Conservation Plan, and Water Rights Project (WT)
Motion authorizing the Water Department to issue annual direct contracting purchase orders, for a period not to exceed five years, exceeding the formal bid limit to Simon Fraser University for ongoing water supply modeling to support the implementation of the City’s Water Supply Augmentation Strategy, Anadromous Salmonid Habitat Conservation Plan, and Water Rights Project.
April 26, 2022 City Council 7
Consent Agenda (continued)
21. University Tank 4 Replacement Project – Award of Professional Services Agreement (WT)
Motion to:
1) Accept the proposal of Mesiti-Miller Engineers, Inc. (Santa Cruz CA) for Engineering Consulting Design Services for the University Tank 4 Replacement Project in the amount of $427,660 and to authorize the City Manager to execute an agreement in a form approved by the City Attorney, and reject all other proposals.
2) Authorize the Water Director to approve change orders with MesitiMiller Engineers, Inc. in a form to be approved by the City Attorney for amounts that are within the approved adjusted budget.
End Consent Agenda
Consent Public Hearings
22. 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.
23. 2nd Reading and Final Adoption of Ordinance No. 2022-04 Green Building Program Proposed Fee Increase (PL)
2nd reading and final adoption of Ordinance No. 2022-04 amending 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 City Council.
April 26, 2022 City Council 8
Consent Public Hearings (continued)
24. 2nd Reading and Final Adoption of Ordinance No. 2022-05 Public Gathering and Expression Events Ordinance Amendment (CA) 2nd reading and final adoption of Ordinance No. 2022-05 amending City of Santa Cruz Municipal Code (“SCMC”) Chapter 10.65 – Public Gathering and Expression Events.
25. 415 Natural Bridges, 2931 Mission Street (Application No. CP21-0059) - Assessor’s Parcel Numbers 003-011-06 and 003-011-10 - Lot Line Adjustment, Planned Development Permit, Design Permit, and Coastal Permit to Transfer 4,054 Square Feet of Land from APN 003-011-10 to APN 003-011-06, Remove Four Heritage Trees, and Construct a 100 Percent Affordable, 20-Unit SRO (Single Room Occupancy) Project with a Variation to Allowed Uses to Allow an SRO Use and Variations to Development Standards for Building Height, Side Yard Setback, and Number of Required Parking Spaces on a Vacant Lot in the R-L/CZO/SP-O/P-F (Multiple Residence - Low-Density/Coastal Zone Overlay/Shoreline Protection Overlay/Public Facilities) Zone District (PL)
Resolution acknowledging the environmental determination and approving the Lot Line Adjustment, Planned Development Permit, Design Permit, Coastal Permit, and heritage tree removal to construct a 20-unit Single Room Occupancy (SRO) development based on the findings contained in the attached draft resolution and the Conditions of Approval.
Public Hearing
26. A20-0008: Slope Regulation Ordinance Amendments to Chapters 18.45,
24.04, 24.08, 24.14, and 24.22 of the Santa Cruz Municipal Code (PL) Introduce for publication an ordinance amending Chapters 18.45,
24.04, 24.08, 24.14, and 24.22 of the Santa Cruz Municipal Code (SCMC), acknowledging the Addendum to the 2030 General Plan certified Environmental Impact Report (EIR).
Recess - The City Council will recess to the 6:30 p.m. session.
April 26, 2022 City Council 9
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
27. AB 481 - Military Equipment Funding, Acquisition and Use Policy (PD) Motion to:
(1) Introduce for publication an ordinance amending City of Santa Cruz Municipal Code (“SCMC”) Chapter 9.90; and
(2) Approve Santa Cruz Police Department (“Department”) Policy 705 and an inventory of military equipment as defined by AB 481; and (3) Provide direction as necessary.
28. Parks & Recreation Department Annual Report for Fiscal Year 2021 (PR) Review, provide feedback, and accept the Parks and Recreation Department FY 2021 Annual Report.
Adjournment
April 26, 2022 City Council 10
INFORMATION ITEMS PREVIOUSLY DISTRIBUTED TO CITY COUNCILMEMBERS ADDENDUM TO CITY COUNCIL AGENDA – APRIL 26, 2022
29. Water Department: Recommended Framework and Decision-Making Schedule for the Securing Our Water Future Process to Complete the 2014-2015 Water Supply Adivsory Committee Work - 4/13/22 (WTFYI 080)
MAYOR'S PROCLAMATIONS
ADDENDUM TO CITY COUNCIL AGENDA – APRIL 26, 2022
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
Parks and Recreation Commission One Opening
County Latino Affairs Commission One opening
April 26, 2022 City Council 11
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.