CITY OF SANTA CRUZ
809 Center Street
Santa Cruz, California 95060
CITY COUNCIL AGENDA
Regular Meeting – January 10, 2023
12:30 P.M. CLOSED SESSION, ZOOM/COURTYARD CONFERENCE ROOM 2:15 P.M. CONSENT, CONSENT PUBLIC HEARING, AND GENERAL BUSINESS,
ZOOM/COUNCIL CHAMBERS
5:00 P.M. ORAL COMMUNICATIONS AND GENERAL BUSINESS, ZOOM/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, January 9th
January 10, 2023 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, January 8th 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
12:30 PM
Closed Session
1. Conference with Labor Negotiators (Government Code §54957.6) Police Officers Association
Police Management Association
SEIU Temporary Employees
SEIU Service Employees
City Negotiator – Lisa Murphy
2. Conference with Legal Counsel - Existing Litigation (Government Code §54956.9(d)(1))
1) City of Santa Cruz v Service Employees International Union, Local 521, PERB Unfair Practice Charge No: SF-CO-511-M
2) Grant Park Neighborhood Association Advocates, et al., v. California Department of Public Health, et al.
3rd Appellate District No. C095659 (potential amicus support) January 10, 2023 City Council 3
Closed Session (continued)
3. Conference With Legal Counsel – Liability Claims (Government Code §54956.95)
1) Claimant: Koen Hian Liem
2) Claimant: Liberty Mutual Insurance
3) Claimant: Robert Fleck
4) Claimant: Leanne N. Hunter
Claims against the City of Santa Cruz
4. Public Employee Performance Evaluation/Conference with Labor Negotiators (Government Code §54957, §54957.6)
Unrepresented employee: City Manager
Agency designated representative: City Attorney
January 10, 2023 City Council 4
City Council
2:15 PM
Call to Order
Roll Call
Presiding Officer's Announcements
Statements of Disqualification
Additions and Deletions
City Attorney Report on Closed Session
Council Meeting Calendar
5. The City Council will review the meeting calendar attached to the agenda and revise it as necessary.
Consent Agenda
6. 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.
7. Resolution Declaring the Existence of a State of Emergency Arising from December 2022 and January 2023 Winter Storms (CA/CM) Resolution declaring the existence of a state of emergency arising from December 2022 and January 2023 winter storms.
January 10, 2023 City Council 5
Consent Agenda (continued)
8. Resolution Extending Emergency Declaration in Connection with COVID19 Pandemic by Sixty (60) Days (CA) Resolution extending by sixty days the Declaration of Emergency in connection with the COVID-19 pandemic and proclaiming the Declaration of Emergency terminated thereafter.
9. Commission for the Prevention of Violence Against Women Appointment (CC)
Motion to approve Councilmember Kalantari-Johnson’s nomination of Gabriela Trigueiro to the Commission for the Prevention of Violence Against Women.
10. Minutes of the December 13, 2022 City Council Meeting (CC) Motion to approve as submitted.
11. California Department of Water Resources - Authorization of the Submittal of a Grant Application to Study and Develop a Decision Support Tool for Understanding Climate Influenced River Flooding and Flood Control (CM)
Resolution authorizing the City Manager to apply for funds from the California Department of Water Resources (DWR) Proposition 1 Round 2 Integrated Regional Water Management Grant (IRWM)
Implementation grant to study and develop a decision support tool for understanding climate influenced river flooding and flood control.
12. Appointment of Representatives to External Agencies, Groups, Council Committees and Task Forces (CN)
Motion to appoint representatives to external agencies, groups, City Council committees and task forces for the 2023 calendar year.
13. Liability Claims Filed Against the City of Santa Cruz (FN) Motion to reject the liability claims of a) Koen Hian Liem, b) Liberty Mutual Insurance, c) Robert Fleck, and d) Leanne N. Hunter, based on staff recommendation.
January 10, 2023 City Council 6
Consent Agenda (continued)
14. Energy Efficiency Projects Equipment Lease/Purchase Agreement and Escrow Agreement with Banc of America Public Capital Corp (FN) Resolution authorizing the execution and delivery of an Equipment Lease/Purchase Agreement and Escrow Agreement with Banc of America Public Capital Corp relating to the financing of energy efficiency projects to be undertaken pursuant to an agreement with SitelogiQ, and approving related documents and actions.
15. Finalizing Sister City Relationship Between Biarritz, France and the City of Santa Cruz (PR)
Resolution authorizing the Mayor to enter into agreement with Biarritz, France as part of the finalization process to establish Biarritz as a Sister City with the City of Santa Cruz.
16. Integrated Regional Water Management (IRWM) – Adopting the 2019 Addendum to the Santa Cruz Integrated Regional Water Management (Santa Cruz IRWM Plan) (PW)
Resolution adopting the 2019 addendum to the Santa Cruz Integrated Regional Water Management Plan (Santa Cruz IRWM Plan).
17. California Department of Water Resources (DWR) Grant – Authorization for Application, Acceptance and Appropriation of Grant Funds for Construction of a Recreational Vehicle Dump Station (PW) Resolution authorizing the City Manager to apply for, accept, and appropriate funds from the California Department of Water Resources (DWR) for the Santa Cruz Integrated Regional Water Management (IRWM) program to pursue a grant for construction of a Recreational Vehicle Wastewater Dump Station project proposed by the City of Santa Cruz Public Works.
18. West Cliff Drive Walking Path Storm Damage Repair Project (e401707) – Notice of Completion (PW)
Motion to accept the work of Reber Construction Co, Inc. (Santa Cruz, CA) as completed per the plans and specifications and authorize the filing of the Notice of Completion for West Cliff Storm Damage Repair Project (e401707).
January 10, 2023 City Council 7
Consent Agenda (continued)
19. Newell Creek Pipeline Project: Master Service Agreement NPZ-First Amendment with Ecological Concerns Incorporated for Restoration and Revegetation Services (WT)
Motion authorizing the City Manager to execute NPZ-First Amendment to the Master Service Agreement for professional services related to planning for restoration and revegetation for the Newell Creek Pipeline Project with Ecological Concerns Incorporated (Santa Cruz, CA) 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.
20. Laguna Creek Diversion Retrofit Project: Ratify Master Service Agreement Laguna-Sixth Amendment with Ecological Concerns Incorporated for Restoration and Revegetation Services - Budget Adjustment (WT)
Motion to:
1) Ratify the Laguna-Sixth Amendment to the Master Service Agreement for professional services related to restoration and revegetation for the Laguna Creek Diversion Retrofit Project with Ecological Concerns Incorporated (Santa Cruz, CA) and to authorize the Water Director to execute future contract amendments within the approved budget; and
2) Adopt a resolution transferring $41,000 from Water’s Capital Investment Program, project c701801, for the Laguna Creek Diversion Retrofit Project to Water Engineering’s operating budget, activity 7102.
End Consent Agenda
January 10, 2023 City Council 8
Consent Public Hearing
21. 2nd Reading and Final Adoption of Ordinance No. 2022-23 to Amend the Santa Cruz Municipal Code Section 19.05.170 Adopting Additional Provision of the 2022 Edition of the California Fire Code (FD) Motion to adopt Ordinance No. 2022-23 to amend Santa Cruz Municipal Code (SCMC) Section 19.05.170 to incorporate California Fire Code Section 311.5 which provides standards for marking unsafe vacant or abandoned buildings or structures.
General Business
22. Health in All Policies: 2022 Progress Report and 2023 Workplan (CM) Motion to accept the Health in All Policies (HiAP) 2022 progress report and approve the proposed 2023 work plan.
23. Downtown Library and Affordable Housing Project Permit Applications (CN)
Motion to:
1) Approve the two attached requests from Mayor Keeley and Councilmember Newsome related to the Downtown Library and Affordable Housing Project (located at 113 and 119 Lincoln St.), and 2) Pursuant to these requests, direct that the Council, at a later Council meeting, consider and take final action on: (a) the Parks & Recreation Commission’s denial of an appeal, which affirmed the Parks and Recreation Department’s issuance of a heritage tree removal permit, and (b) all other permits and approvals for the project (the Special Use Permit, Design Permit, Nonresidential Demolition Authorization Permit, Lot Line Adjustment, and Sign Permit).
Recess - The City Council will recess to the 5:00 p.m. session.
January 10, 2023 City Council 9
City Council
5:00 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
General Business
Please note: the public comment period for the below item will be for items 24.1 and 24.2.
24. Downtown Expansion Area Plan Amendment Revision
24.1. Downtown Expansion Area Plan Amendment Revision - Report from Mayor Keeley and Councilmember Newsome (CN)
Motion to:
1) Revise the building height provisions in the draft Downtown Expansion Area Plan Amendment to provide for a maximum of 1,600 dwelling units, with a 20% affordability requirement on the total number of units and with no single building be more than 12 stories, inclusive of any density bonus incentive.
2) Continue to study the 1,800 units that have been evaluated in the Environmental Impact Report (EIR) technical analyses since June of 2022, and direct Planning Department staff to study an alternative in the EIR that includes the parameters noted above in Item #1.
24.2. Downtown Expansion Area Plan Amendment Revision - Report from Planning and Community Development (PL)
Accept the report and consider the information as part of the evaluation of any modifications to the Downtown Plan Expansion, including consideration of staff’s recommendation to continue studying 1,800 units in the plan’s draft Environmental Impact Report.
Adjournment
January 10, 2023 City Council 10
INFORMATION ITEMS PREVIOUSLY DISTRIBUTED TO CITY COUNCILMEMBERS None Issued.
MAYOR'S PROCLAMATIONS
ADDENDUM TO CITY COUNCIL AGENDA – JANUARY 10, 2023
Mayor Sonja Brunner
25. In recognition of December being National Impaired Driving Prevention Month, proclaiming December 6, 2022 as “Nicole Brown Day” because of her commitment to prevention and awareness and encouraging all citizens to join in this observance.
26. Proclaiming December 13, 2022 as “Ryan Coonerty Day” and encouraging all citizens to join in acknowledging his years of dedicated public service and expressing gratitude for his numerous contributions to improving the lives of Santa Cruz citizens and wishing him well in his life after elected office.
Mayor Fred Keeley
27. Proclaiming Thursday, December 22, 2022 as “Patrick Bayani Retirement Day” and encouraging all his coworkers and citizens to join in expressing heartfelt appreciation for his twenty-seven years of dedicated and exemplary service and numerous contributions to the Santa Cruz Police Department and the City of Santa Cruz and wishing him well in his retirement.
January 10, 2023 City Council 11
Advisory Body Appointments
The following positions are vacant. Appointments are scheduled for the January 24, 2023 meeting.
Arts Commission Four openings
Board of Building and Fire Appeals Six openings
Commission for the Prevention of Violence
Against Women
Three openings
Downtown Commission One opening
Historic Preservation Commission One opening
Parks and Recreation Commission Two openings
Planning Commission Two openings
Sister Cities Committee Three openings
Transportation and Public Works Commission One opening
Water Commission Two openings
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.
January 10, 2023 City Council 12
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.