CITY OF SANTA CRUZ
809 Center Street
Santa Cruz, California 95060
CITY COUNCIL AGENDA
Regular Meeting – April 25, 2023
Updated April 25, 2023 – Item 36
1:00 P.M. CLOSED SESSION, ZOOM/COURTYARD CONFERENCE ROOM 2:00 P.M. CONSENT, CONSENT PUBLIC HEARINGS, GENERAL BUSINESS AND ORAL
COMMUNICATIONS, ZOOM/COUNCIL CHAMBERS
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Correspondence to be included in the agenda packet must be received by 5:00 pm on Monday, April 24th
April 25, 2023 City Council 2
PLEASE NOTE:
Council may take a break(s) as needed.
Requests for extra speaking time on items other than Oral Communications must be made by 5:00 p.m. on Sunday, April 23rd 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.
Agenda and Agenda Packet Materials: The City Council agenda and the complete agenda packet containing public records, which are not exempt from disclosure pursuant to the California Public Records Act, are available for review on the City’s website:
www.cityofsantacruz.com/government/city-council-meetings and at the Office of the City Clerk located at 809 Center Street, Room 9, Santa Cruz, California, during normal business hours.
Agenda Materials Submitted after Publication of the Agenda Packet: Pursuant to Government Code §54957.5, public records related to an open session agenda item submitted after distribution of the agenda packet are available at the same time they are distributed or made available to the legislative body on the City’s website at: www.cityofsantacruz.com/government/city-councilmeetings and are also available for public inspection at the Office of the City Clerk, 809 Center Street Room 9, Santa Cruz, California, during normal business hours, and at the Council meeting.
Need more information? Contact the City Clerk’s office at 831-420-5030.
April 25, 2023 City Council 3
Closed Session
1:00 PM
Closed Session
1. Conference with Labor Negotiators (Government Code §54957.6) SEIU Temporary Employees
SEIU Service Employees
City Negotiator – Sara De Leon
2. Conference With Legal Counsel – Liability Claims (Government Code §54956.95)
1) Claimant: Bernt Barbera
2) Claimant: Cristopher Allen Malsack
Claims against the City of Santa Cruz
3. Conference with Legal Counsel – Anticipated Litigation (Government Code §54956.9(d)(2)
Significant exposure to litigation (one potential case to be discussed) April 25, 2023 City Council 4
City Council
2:00 PM
Call to Order
Roll Call
Presentations
4. Master Recycler Volunteer Training Program
5. Mayoral Proclamation Declaring the Month of May as Affordable Housing Month
6. Mayoral Proclamation Declaring April 30 - May 6, 2023, as Municipal Clerks Week
Presiding Officer's Announcements
Statements of Disqualification
Additions and Deletions
City Attorney Report on Closed Session
Council Meeting Calendar
7. The City Council will review the meeting calendar attached to the agenda and revise it as necessary.
April 25, 2023 City Council 5
Consent Agenda
8. Minutes of the April 11, 2023 City Council Meeting (CC) Motion to approve as submitted.
9. Minutes of the April 18, 2023 City Council Special Meeting (CC) Motion to approve as submitted.
10. Children’s Fund Oversight Committee Bylaws (CM)
Motion to approve amendments to the Children’s Fund Oversight Committee bylaws and governing document.
11. Initiative No. 21-0032A1, The Taxpayer Protection and Government Accountability Act (CN)
Motion to:
1) Adopt a resolution of the Santa Cruz City Council opposing Initiative No. 21-0042A1, the Taxpayer Protection and Government
Accountability Act; and
2) Authorize the Mayor to send letters and copies of the adopted resolution to state legislators and the League of California Cities on behalf of the Santa Cruz City Council opposing Initiative No. 21- 0032A1.
12. City Council District Engagement Policy (CN)
Motion to approve City Council Policy, 6.21, District Engagement.
13. Support for Senate Bill 331 (SB 331) (CN)
Motion to authorize the Mayor to send a letter of support to Senator Laird on behalf of Santa Cruz City Council in support of Senate Bill 331 (SB 331).
April 25, 2023 City Council 6
Consent Agenda (continued)
14. Approval of Parklet Design Standards Contained within the Parklet Guidelines and Approval of two “Pre-Approved” Parklet Design Plans (ED/PW)
Motion to:
1) Approve the design standards incorporated in the parklet guidelines; and
2) Approve two “pre-approved” parklet designs created by Dillon Design Associates; and
3) Adopt a resolution approving the design standards incorporated in the parklet guidelines and two “pre-approved” parklet designs pursuant to Government Code Section 830.6.
15. Santa Cruz Parklet Incentive Program for Outdoor Dining (ED) Motion to authorize the establishment of the Santa Cruz Parklet Incentive Program for Outdoor Dining.
16. 223 Darwin Street CFSC, Inc. Loan Extension (APN: 011-122-04) (ED) Motion to authorize the City Manager to execute any and all loan documents necessary, in a form approved by the City Attorney, to extend the terms of existing Red Cross-funded loan in the amount of $75,000 to CFSC, Inc. for the property located at 223 Darwin Street for 30 years with 3% simple interest and deferred payments.
17. Liability Claims Filed Against the City of Santa Cruz (FN) Motion to reject the liability claims of 1) Bernt Barbera and 2) Cristopher Allen Malsack, based on staff recommendation.
April 25, 2023 City Council 7
Consent Agenda (continued)
18. Award Contract for Financial Auditing Services (FN) Motion to:
1) Award a contract for Financial Auditing Services to The PUN Group, LLP, Walnut Creek, California for Fiscal Years ending June 30, 2023, 2024 and 2025, with two option years; and
2) Authorize the City Manager to execute an agreement in a form approved by the City Attorney with The PUN Group, LLP for Financial Auditing Services.
19. Resolution Adopting the Memorandum of Understanding with the Police Management Association (HR)
Resolution adopting the Memorandum of Understanding with the Police Management Association.
20. Resolution Adopting the Memorandum of Understanding with the Police Officers’ Association (HR)
Resolution adopting the Memorandum of Understanding with the Police Officers’ Association.
21. Resolution Adopting the Memorandum of Understanding with Service Employees Local 521 (HR)
Resolution adopting the Memorandum of Understanding with Service Employees SEIU Local 521.
22. City of Santa Cruz Pump Station No. 1 Project (c401707) – Professional Services Agreement Amendment (PW)
Motion authorizing the City Manager to execute Amendment No. 1 to the Professional Services Agreement with Schaaf & Wheeler (Santa Clara, CA) in the amount of $105,900 to provide Consulting Engineering Services for the City of Santa Cruz Pump Station No.1 Project (c401707) in a form acceptable to the City Attorney. The Public Works Director is authorized to execute contract amendments within the approved budget.
April 25, 2023 City Council 8
Consent Agenda (continued)
23. Santa Cruz High School Parking Update (PW)
Receive an update regarding ongoing staff coordination with Santa Cruz High School regarding weekday parking issues.
24. Proposed Permanent Easement Acquisition of Real Property Owned by PAP, LLC, including 24 Front Street (APN 007-212-10) and 30 Front Street (APN 007-212-09) for the Pacific-Beach Roundabout Improvement Project - Budget Adjustment (PW)
Motion to:
1) Adopt a resolution authorizing and directing the City Manager to enter into an agreement, in a form approved by the City Attorney, for acquisition of the permanent easement required for the construction of the Pacific-Beach Roundabout Improvement Project; and
2) Adopt a resolution amending the FY 2023 budget by transferring funds from the City Liability Fund for acquisition of the easement.
25. Purchase Natural Gas at Wastewater Treatment Facility – Budget Adjustment (PW)
Resolution amending the FY 2023 budget and appropriating funds in the amount of $260,000 to fund rising natural gas purchased at the Wastewater Treatment Facility.
April 25, 2023 City Council 9
Consent Agenda (continued)
26. Approval of Contract Amendment No. 1 – Soquel Avenue Main Replacement with MNS Engineers, Inc. for Construction Management Services (WT)
Motion to:
1) Approve Contract Amendment No. 1 - Soquel Avenue Main Replacement with MNS Engineers, Inc. (Santa Barbara, CA) in the amount of $151,740 and to authorize the City Manager to execute Contract Amendment No. 1 in a form approved by the City Attorney; and
2) Authorize the Water Director to approve change orders with MNS Engineers, Inc. in a form to be approved by the City Attorney and for amounts that are within the approved adjusted budget.
End Consent Agenda
April 25, 2023 City Council 10
Consent Public Hearings
27. 2023-2024 U.S. Department of Housing and Urban Development (HUD) Annual Action Plan, Amendment to the 2019-2020 HUD, Amendment to the 2020-2025 Consolidated Plan, and Amendment to the Citizen Participation Plan (ED)
Motion to:
1) Adopt a resolution for the City’s 2023-2024 HUD Annual Action Plan (AAP) and amendments to the 2019-2020 AAP, 2020-2025 Consolidated Plan, and Citizen Participation Plan for the City’s Housing and Community Development Program, direct staff to submit the 2023-2024 AAP and amended 2019-2020 AAP and 2020-2025 Consolidated Plan (CP) which includes the 2023 Neighborhood Revitalization Strategy Area (NRSA) Plan to HUD, and authorize the City Manager to sign an application for federal funding assistance for the 2023-2024 program year; and
2) Authorize the City Manager to execute program/project contracts, loan agreements and related loan documents with Community Development Block Grant (CDBG) and HOME Investment Partnerships Program (HOME) sub-recipients and contractors in connection with Consolidated Plan (CP) activities proposed in the 2023-2024 Action Plan and any subsequent revisions to the 2023-2024 Action Plan; and 3) Approve the 2023-2024 AAP Budget Adjustment reallocating 2019- 2020 CDBG Funds, allocating 2023-2024 CDBG and HOME Funds and appropriating the funds in the FY 2024 budget.
April 25, 2023 City Council 11
Consent Public Hearings (continued)
28. 2nd Reading of Ordinance No. 2023-06 Amending Title 24 of the Municipal Code - Zoning Ordinance Chapters 24.12 and Chapter 24.22:
Parking and Bicycle Parking Regulations, Including Updates to the Local Coastal Program Implementation Plan (PL/PW)
Motion to:
1) Adopt Ordinance No. 2023-06 amending Municipal Code Title 24 - Zoning Ordinance Chapters 24.12 and Chapter 24.22 to update bicycle parking requirements, incorporate recent changes to state law relating to automobile parking standards, update other existing standards related to bicycle and vehicle parking, and add new definitions, while recognizing the environmental determination; and
2) Adopt a resolution authorizing and directing the City Manager to submit the proposed amendments to Title 24 as Local Coastal Program Implementation Plan amendments to the California Coastal Commission for final certification.
29. 2nd Reading and Final Adoption of Ordinance No. 2023-07 to Amend Chapter 10.52 of the Santa Cruz Municipal Code to Increase Downtown Parking Meter Rates (PW)
Adopt Ordinance No. 2023-07 to amend Chapter 10.52 of the Santa Cruz Municipal Code to increase downtown parking meter rates.
April 25, 2023 City Council 12
Public Hearing
30. Development Proposal at 514, 516, 518, 524, and 530 Front Street Involving Lot Line Adjustment, Non-Residential Demolition Authorization Permit, Special Use Permit, Design Permit, Additional Height Request, Density Bonus Request, Revocable License for Outdoor Extension Area, and Heritage Tree Removal Permit to Demolish Existing Commercial Buildings, Reconfigure Four Lots Into One, Remove Eight Heritage Trees, and Construct a Mixed-Use Building with 276 Residential Dwelling Units (Including a 50% Density Bonus) and 6,865 Square Feet of Commercial Space, with Design Variations to Downtown Plan Development Standards, on a Site in the CBD/F-P/FP-O (Central Business District/ Floodplain/ Floodplain Overlay) Zone District and Within the Front Street Riverfront Area of the Downtown Plan. File Number CP20-0098. Assessor’s Parcel Numbers: 005-151-37, 005-151- 44, -45, -46. Environmental Determination: Categorical Exemption.
Owner: Green Valley Corporation. Applicant: Jessie Bristow, Swenson. (PL)
Resolution acknowledging the environmental determination and approving the Lot Line Adjustment, Non-Residential Demolition Authorization Permit, Special Use Permit, Design Permit, Additional Height Request, Density Bonus Request, Revocable License for Outdoor Extension Area, and Heritage Tree Removal Permit for File Number CP20-0098 at 514, 516, 518, 524, and 530 Front Street, subject to the attached conditions of approval.
General Business
31. Santa Cruz Children’s Fund Oversight Committee Appointments (CC) Appoint two at-large members to the City of Santa Cruz Children’s Fund Oversight Committee, with terms ending January 31, 2026.
April 25, 2023 City Council 13
General Business (continued)
32. Collective of Results and Evidence-Based (CORE) Progress Report (CM) Motion to:
1) Accept Santa Cruz County’s Human Services Department CORE FiveYear Lookback, Lessons Learned, 2022 Mid-Year Assessment, and Alternative Funding Sources Summary update; and
2) Direct staff to coordinate with the Human Services Department to return on or before December 12, 2023 with a progress report of the FY 2022-23 annual summary of CORE Investments-funded programs with an update on community engagement; and
3) Approve the proposed Timeline and Next Steps for the RFP process.
33. Tobacco Product Waste Update (CN)
Receive a presentation update from staff and Councilmembers from the Health in All Policies (HiAP) Committee (Committee) and direct staff to continue working with the Committee, the County, and stakeholders on community engagement, and provide feedback as needed.
34. Receipt of AB 481 Annual Military Equipment Report and Renewal of SCMC Chapter 9.90 Pertaining to AB 481 Military Equipment (PD) Motion to:
1) Receive the Santa Cruz Police Department’s (SCPD) Annual Military Equipment Report.
2) Adopt a resolution renewing Chapter 9.90 of the Santa Cruz Municipal Code (SCMC) pertaining to AB 481, Military Equipment.
The below item is continued and will not be discussed at the April 25th meeting.
35. Appeal of Proposed Single Space Markings on David Way (PW) Continued to the June 27, 2023 City Council meeting.
April 25, 2023 City Council 14
Oral Communications Announcement – Members of the public may address Council on matters not on the agenda, but within the jurisdiction of the Council. 30 minutes is allocated for Oral Communications. No extra time for groups will be granted.
Oral Communications
General Business
A supplemental agenda report has been added for the below item.
36. Draft 6th Cycle Housing Element Update Review for State Submittal (PL)
Review and provide comments on the Draft 6th Cycle Housing Element Update, including the information provided in the Supplemental Agenda Report, prior to its presentation to the City Council and prior to its submittal to the State’s Housing and Community Development Department.
Adjournment
INFORMATION ITEMS PREVIOUSLY DISTRIBUTED TO CITY COUNCILMEMBERS None issued.
MAYOR'S PROCLAMATIONS
ADDENDUM TO CITY COUNCIL AGENDA – APRIL 25, 2023
37. Proclaiming April 16, 2023 as “Senderos Vive Oaxaca Day” and encouraging all citizens to join in honoring Oaxacan and other indigenous people in Santa Cruz for their culture and contributions to the community.
38. Proclaiming Friday, April 28, 2023 as “Harry Mayo Day” and urging all residents, visitors, businesses, and civic organizations to join in thanking him for his years of service and contributions to our April 25, 2023 City Council 15
community.
April 25, 2023 City Council 16
MAYOR'S PROCLAMATIONS (continued)
39. Proclaiming the month of May 2023 as “Affordable Housing Month,” along with other local leaders in the greater San Francisco and Monterey Bay areas.
40. Proclaiming the week of April 30–May 6, 2023 as “Professional Municipal Clerks Week” in recognition of the exemplary dedication to public service and extending appreciation to our City Clerk Bonnie Bush, Deputy City Clerk Julia Wood, and the staff of the City of Santa Cruz City Clerk’s Office.
Advisory Body Appointments
The following positions are vacant. Council will make the appointments at a future meeting.
County Latino Affairs Commission One opening – at-large nomination Sister Cities Committee One opening – at-large nomination 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 25, 2023 City Council 17
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.