CITY OF SANTA CRUZ
809 Center Street
Santa Cruz, California 95060
CITY COUNCIL AGENDA
Regular Meeting – November 15, 2022
11:30 A.M. CLOSED SESSION, ZOOM/COURTYARD CONFERENCE ROOM 1:30 P.M. CONSENT, CONSENT PUBLIC HEARINGS, AND PUBLIC HEARINGS,
ZOOM/COUNCIL CHAMBERS
6:00 P.M. ORAL COMMUNICATIONS AND PUBLIC HEARING, 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, November 14th
November 15, 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, November 13th 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
11:30 AM
Referral to Closed Session
1. Tannery Arts Center – 890 River Street, 1000 River Street, and 1020 River Street (ED)
Motion to refer to Closed Session for discussion regarding potential termination of non-housing ground lease.
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
November 15, 2022 City Council 3
Closed Session (continued)
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
3) Property: 24,30, and 38 Front Street
APNs: 007-212-10, 007-212-09, 007-212-08
Owner: PAP LLC
City Negotiator: Christoph Schneiter
Negotiating Parties: City of Santa Cruz and PAP LLC.
Under Negotiation: Price, terms of payment, or both
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
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
November 15, 2022 City Council 4
City Council
1:30 PM
Call to Order
Roll Call
Presentations
6. Mayoral Proclamation Declaring November 26, 2022 as Small Business Saturday
7. Mayoral Proclamation Declaring November 15, 2022 as Mark Stone Day Presiding Officer's Announcements
Statements of Disqualification
Additions and Deletions
City Attorney Report on Closed Session
City Manager Report
8. The City Manager will report and provide updates on the City's business and events of interest.
Council Meeting Calendar
9. The City Council will review the meeting calendar attached to the agenda and revise it as necessary.
November 15, 2022 City Council 5
Consent Agenda
10. Resolution Extending the Emergency Declaration in Connection with the COVID-19 Pandemic by Sixty (60) Days (CA)
Resolution 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 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 authorizing legislative bodies of the City of Santa Cruz to continue the use of teleconferenced meetings pursuant to Assembly Bill 361.
13. Minutes of the October 25, 2022 City Council Meeting Motion to approve as submitted.
14. Set Meeting Dates for Annual Advisory Body Interviews and Appointments and Reappointments (CC)
Motion 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 setting the regular meeting schedule for the calendar year 2023, and canceling the following meeting dates: July 11 and 25, and December 26.
November 15, 2022 City Council 6
Consent Agenda (continued)
16. Contract for City Attorney Services (Effective January 1, 2023) (CM) Motion 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 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.
18. Terminate the Non-Housing Ground Lease at the Tannery Arts Center (ED)
Motion to terminate 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 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 a resolution 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.
November 15, 2022 City Council 7
Consent Agenda (continued)
20. Amendment to Extend Contract for Heating, Ventilation and Air Conditioning (HVAC) Preventive Maintenance Services (FN) Motion 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 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 to reject the liability claims of a) Mitchell E. Swienton, and b) Janet Cantolan based on staff recommendation.
23. Year-End Budget Adjustment for FY 2022 (FN)
Resolution 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 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 approving a tentative agreement with the Supervisor Unit Association of the City of Santa Cruz effective November 12, 2022 through December 5, 2025.
November 15, 2022 City Council 8
Consent Agenda (continued)
26. Office of Traffic Safety Selective Traffic Enforcement Program – Grant Acceptance (#PT23069) (PD)
Resolution 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 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 a resolution 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.
28. SCRRF Green and Wood Waste Processing Services – Authorization to Advertise and Award (PW)
Motion 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 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.
November 15, 2022 City Council 9
Consent Agenda (continued)
30. Santa Cruz High School Parking (PW)
Motion to direct staff to continue working with Santa Cruz High School to address weekday parking issues.
31. Downtown Intersection Improvements (c401903) – Concept Striping Plan (PW)
Motion 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 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 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.
November 15, 2022 City Council 10
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 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
Consent Public Hearings
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 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.
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 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.
November 15, 2022 City Council 11
Consent Public Hearings (continued)
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 an ordinance amending Section 24.12.1310 of Santa Cruz Municipal Code Title 24, as presented in the attached documents.
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 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 rightof-way, 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.
November 15, 2022 City Council 12
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 the Parklet Guidelines, and Review the PreApproved Parklet Designs (ED) Motion to:
1) Adopt Ordinance No. 2022-15 establishing a permanent parklet program citywide; and
2) Adopt a resolution establishing the Parklet Fee Schedule; and 3) Adopt a resolution adopting the Parklet Guidelines.
Recess - The City Council will recess to the 6:00 p.m. session.
November 15, 2022 City Council 13
City Council
6:00 PM
Call to Order
Roll Call
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
November 15, 2022 City Council 14
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-of-Way 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)
Motion to:
1) Introduce for publication an ordinance making the amendments to the Santa Cruz Municipal Code, as presented in the attached documents, for code sections not included in the Local Coastal Program or Implementation Plan; and
2) Introduce for publication an ordinance making the amendments to the Santa Cruz Municipal Code, as presented in the attached documents, for code sections included in and making modifications to the Local Coastal Program or Implementation Plan, and in doing so, select Option 1 (Streamlined) as the policy governing a requirement for public hearings for conforming residential and mixed-use projects; and 3) Introduce for publication an ordinance 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
November 15, 2022 City Council 15
Public Hearing (continued)
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-of-Way 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) (continued)
4) Introduce for publication an ordinance 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) Direct staff to consider options for 111-119 Leonard St. as part of the forthcoming Ocean Street Area Plan Amendments, as further described in this report; and
6) Adopt a resolution establishing a new in lieu fee requirement for street tree removals; and
7) Adopt a resolution establishing mitigation requirements for the removal of a heritage tree or heritage shrub, replacing existing Council Resolution No. NS-21,436.
Adjournment
November 15, 2022 City Council 16
INFORMATION ITEMS PREVIOUSLY DISTRIBUTED TO CITY COUNCILMEMBERS ADDENDUM TO CITY COUNCIL AGENDA – NOVEMBER 15, 2022
41. Finance Department: Portfolio Management Report – Pooled Cash and Investments as of September 30, 2022 - 10/20/22 (FNFYI 360)
42. Parks and Recreation Department/Economic Development Department/Public Works Department: Downtown Site Furnishing Standards Report -11/2/22 (PKFYI 77)
43. Public Works Department: Beach Flats Parking - 11/8/22 (PWFYI 0107)
MAYOR'S PROCLAMATIONS
ADDENDUM TO CITY COUNCIL AGENDA – NOVEMBER 15, 2022
44. Proclaiming Sunday, October 23, 2022 as “International Live Looping Day” and urging all citizens to join in supporting the work of these innovative artists from around the world, welcoming them to perform here, and thanking them all for their tireless work to innovate in this emerging global musical art form.
45. Proclaiming November 1, 2022 as “Extra Mile Day” and urging each individual in the community to take time on this day to not only “go the extra mile” in his or her own life, but to also acknowledge all those who are inspirational in their efforts and commitment to make their organizations, families, community, country, or world a better place.
46. Proclaiming November 10, 2022 as “Santa Cruz Elks Lodge Dictionary Project Day” and encouraging all citizens to join in expressing heartfelt appreciation to Santa Cruz Elks Lodge No. 824 for its dedicated service and positive contributions to the Santa Cruz community and celebrating its Dictionary Project to increase youth literacy by providing third-grade students with their own personal dictionary.
November 15, 2022 City Council 17
MAYOR'S PROCLAMATIONS (continued)
47. Proclaiming Saturday, November 26, 2022 as “Small Business Saturday Day” and encouraging all citizens to join in shopping local today and throughout the year.
48. Proclaiming Wednesday, November 9, 2022 as “City Veteran Appreciation Day” and encouraging all citizens to join in saying “thank you” to these employees for their dedicated service to our country and continued service to our community and committing to causes that are greater than self and promoting public service.
49. Proclaiming December 2, 2022 as “Steve Wolfman Day” and encouraging all citizens to join in acknowledging his three-and-a-half decades of dedicated service, expressing gratitude for his abundant contributions to our safety and quality of life, and wishing him well in his retirement.
The following position is vacant. Council will make the appointment at a future meeting.
Commission for the Prevention of Violence
Against Women
One opening
November 15, 2022 City Council 18
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.