CITY OF SANTA CRUZ
809 Center Street
Santa Cruz, California 95060
CITY COUNCIL AGENDA
Regular Meeting - January 23, 2024
Updated 1/19/24 – Changing the start time of afternoon session 10:00 A.M. CLOSED SESSION, ZOOM/COURTYARD CONFERENCE ROOM 12:30 P.M. ORAL COMMUNICATIONS, CONSENT, CONSENT PUBLIC HEARINGS, PUBLIC
HEARING, AND GENERAL BUSINESS, ZOOM/COUNCIL CHAMBERS
The meeting may be viewed remotely, using any of the following sources:
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Enter the meeting ID number: 946 8440 1344
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Correspondence to be included in the agenda packet must be received by 5:00 pm on Monday, January 22nd
January 23, 2024 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, January 21st 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 8, 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.
January 23, 2024 City Council 3
10:00 AM
Closed Session
1. Real Property Negotiations (Government Code §54956.8) 1) Property: 6000 La Madrona Drive, Scotts Valley
APN: 021-141-20
Owner: Scotts Valley Fire Protection District (SVFPD)
City Negotiator: Heidi Luckenbach
Negotiating Parties: City of Santa Cruz and SVFPD
Under Negotiation: Price, terms of payment, or both
2) Property: 175 Sims Road
APN: 067-202-66
Owner: Yates Family Trust
City Negotiator: Heidi Luckenbach
Negotiating Parties: City of Santa Cruz and Yates Family Trust Under Negotiation: Price, terms of payment, or both
3) Property:17-D Municipal Wharf (Santa Cruz Bay Company) APN: 007-351-02
Owner: City of Santa Cruz
City Negotiator: Bonnie Lipscomb
Negotiating Parties: City and Santa Cruz Bay Company
Under Negotiation: Price, terms of payment, or both
4) Property: 17-A Municipal Wharf (Surf Life)
APN: 007-331-06
Owner: City of Santa Cruz
City Negotiator: Bonnie Lipscomb
Negotiating Parties: City and Surf Life
Under Negotiation: Price, terms of payment, or both
5) Property: 501 Upper Park Road (Santa Cruz Shakespeare) APN: 009-471-02
Owner: City of Santa Cruz
City Negotiator: Bonnie Lipscomb
Negotiating Parties: City and Santa Cruz Shakespeare
Under Negotiation: Price, terms of payment, or both
January 23, 2024 City Council 4
Closed Session (continued)
1. Real Property Negotiations (Government Code §54956.8) (continued) 6) Property: 307 Church Street (Civic Auditorium)
APN: 005-071-06
Owner: City of Santa Cruz
City Negotiator: Bonnie Lipscomb
Negotiating Parties: City and Santa Cruz Symphony
Under Negotiation: Price, terms of payment, or both
7) Property: 1020 Cedar Street (Atlantis Fantasy World) APN: 005-042-36
Owner: City of Santa Cruz
City Negotiator: Bonnie Lipscomb
Negotiating Parties: City and Atlantis Fantasy World
Under Negotiation: Price, terms of payment, or both
2. Conference with Legal Counsel - Anticipated Litigation (Government Code §54956.9(d)(4))
Initiation of litigation (two potential cases to be discussed) Please note updated start time.
12:30 PM
Call to Order
Roll Call
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
January 23, 2024 City Council 5
Presentations
3. Age-friendly City Designation
4. Mayoral Proclamation Declaring February 2, 2024 as Rosemary Menard Day
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 Extending the Emergency Declaration in Connection with the December 2022 and January 2023 Winter Storms (CA/CM) Resolution extending by sixty days the Local Emergency Declaration in connection with the December 2022 and January 2023 winter storms.
7. Minutes of the January 9, 2024 City Council Meeting (CC) Motion to approve as submitted.
8. Farallon Strategies – Change Order (CM)
Motion authorizing the City Manager to approve a change order in the amount of $103,000 with Farallon Strategies to facilitate the completion of the 50-year vision for West Cliff.
January 23, 2024 City Council 6
Consent Agenda (continued)
9. Authorization for Application and Acceptance of California Interagency Council on Homelessness Grant Funds for Encampment Resolution Funding Program Round 3 (ERF-3-R) (CM)
Resolution authorizing the City Manager to apply for, accept, and appropriate funds the California Interagency Council on Homelessness Grant Funds for Encampment Resolution Funding Program Round 3 (ERF-3-R).
10. Severe Weather Shelter Pilot Program (CM)
Motion to approve a Memorandum of Understanding with the County of Santa Cruz in the amount of $100,271.70 to facilitate the operation of a Severe Weather Shelter Pilot Program during the period of December 1, 2023 and March 31, 2024.
11. State Legislation on Rental Applications (CN)
Motion to direct the Mayor to send a letter urging State Legislators to address disproportionately high fees imposed on renters during the application process, as outlined in this agenda report.
January 23, 2024 City Council 7
Consent Agenda (continued)
12. Pacific Station North Affordable Housing and METRO Project Administrative Approvals (ED)
Motion to:
1) Authorize the City Manager to approve necessary easements including but not limited to ingress/egress, public access, utilities, and stormwater easements in Maple Alley, Pacific Station, and the Project as specified in the City building permit(s) for the benefit of Pacific Station and the Project and terminate outdated easements that were left over from prior development and do not benefit the City or the Project. Easement termination and easement agreements will be in a form to be approved by City Attorney, on behalf of the City; 2) Authorize the City Manager to approve modification of the Project Conditions of Approval to allow recording of the Project’s Lot Line Adjustment (already approved by Council), before demolition and construction start;
3) Authorize the City Manager to execute funding documents including agreements, amendments, and related documents in a form to be approved by City Attorney, on behalf of the City for the $2 million Federal set-aside awarded previously to the project as a construction loan; and
4) Authorize the City Manager to approve up to $1 million from the already awarded State Infill and Infrastructure Grant funding to be allocated for METRO’s transit station improvements and to execute funding documents including agreements, amendments, and related documents in a form to be approved by City Attorney, on behalf of the City.
13. Living Wage Rate Annual Prescription for Fiscal Year 2025 (FN) Resolution upwardly indexing the prescribed minimum living wage rate by 2.5%, the amount which corresponds to San Francisco-OaklandHayward Area Consumer Price Index (CPI) for Urban Wage Earners and Clerical Workers, for the period ending October 31, 2023, to become effective July 1, 2024; and rescinding Resolution No. NS-30,111.
January 23, 2024 City Council 8
Consent Agenda (continued)
14. Application and Project Management Support for Information Technology Systems (IT)
Motion to:
1) Approve a professional services agreement and scope of work with 3Nineteen, LLC for application and project management support of critical information technology systems. The City Manager is hereby authorized and directed to execute a contract in a form approved by the City Attorney. The Information Technology Director is hereby authorized to execute change orders within the approved project budget; and
2) Authorize the Information Technology Director to renew for an additional two years under identical contractual terms and conditions at the end of the first contract term.
15. Fiscal Year 2024 California Department of Justice, Office of Attorney General, Tobacco Program Grant Award (PD)
Motion to:
1) Adopt a resolution authorizing the acceptance of the California Department of Justice, Office of Attorney General, Tobacco Program Grant pursuant to the California Healthcare, Research, and Prevention Tobacco Tax Act of 2016, and authorizing and directing the City Manager to execute the contract and agreements associated with acceptance of this grant, and
2) Adopt a resolution amending the FY 2024 budget in the amount of $256,568 for the FY 2024 Tobacco Program Grant.
16. Digester Gas Piping Rehabilitation Project (m409659) – Approval of Plans and Specifications, and Authorization to Award (PW) Motion to approve the plan and specifications for the Digester Gas Piping Rehabilitation Project (m409659) and authorize the City Manager to award the construction contract to MBS Engineering, Inc. in the amount of $116,270.00 in a form acceptable to the City Attorney and authorize the Director of Public Works to execute change orders within the approved project budget.
January 23, 2024 City Council 9
Consent Agenda (continued)
17. Murray Street Bridge Seismic Retrofit and Barrier Replacement (c409321) – Reject All Bids (PW)
Motion to:
1) Reject all bids for the Murray Street Bridge Seismic Retrofit and Barrier Replacement Project (c409321), and
2) Authorize staff to re-advertise for bids and award the contract. The City Manager is hereby authorized and directed to execute the contract as authorized by Resolution No. NS-27,563. The Director of Public Works is authorized to execute change orders within the approved project budget.
18. Anadromous Salmonid Habitat Conservation Plan – Adoption of a Final Mitigated Negative Declaration and a Mitigation Monitoring and Reporting Program (WT)
Resolution adopting the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the Anadromous Salmonid Habitat Conservation Plan.
January 23, 2024 City Council 10
Consent Agenda (continued)
19. Purchase of Real Property Necessary for Newell Creek Pipeline Replacement-Felton to Graham Hill Water Treatment Plant Project:
Multiple Properties, Assessor’s Parcel Numbers 066-211-09, 066-211-10, 066-212-04 Owned by Wood VMS Family Limited Partnership and DK Felton Management, LLC (WT)
Motion to:
1) Adopt a resolution authorizing and directing the City Manager or his designee to execute a purchase sale agreement between the City of Santa Cruz and David Wood for a permanent easement on APN 066-211- 09 located in Felton, CA near Graham Hill Road and Zayante Road for the Newell Creek Pipeline Replacement-Felton to Graham Hill Water Treatment Plant Project;
2) Adopt a resolution authorizing and directing the City Manager or his designee to execute a purchase sale agreement between the City of Santa Cruz and David Wood for a permanent easement on APN 066-211- 10 located in Felton, CA near Graham Hill Road and Zayante Road for the Newell Creek Pipeline Replacement-Felton to Graham Hill Water Treatment Plant Project; and
3) Adopt a resolution authorizing and directing the City Manager or his designee to execute a purchase sale agreement between the City of Santa Cruz and David Wood for a permanent easement on APN 066-212- 04 located in Felton, CA near Graham Hill Road and Zayante Road for the Newell Creek Pipeline Replacement-Felton to Graham Hill Water Treatment Plant Project.
20. Felton Diversion Pipeline Emergency Repair Project (e702301) – Notice of Completion (WT)
Motion to accept the work of Anderson Pacific Engineering Construction, Inc. (Santa Clara, CA) as complete per the Agreement, authorize the filing of a Notice of Completion for the Felton Diversion Pipeline Emergency Repair Project (e702301), and authorize the Water Director to sign the Notice of Completion as the Owner’s Authorized Agent.
End Consent Agenda
January 23, 2024 City Council 11
Consent Public Hearings
21. 2nd Reading and Final Adoption of Ordinance No. 2024-01 Implementing the CalPERS Contract Amendment (HR)
Motion to adopt Ordinance No. 2024-01 implementing the CalPERS contract amendment.
22. 2nd Reading and Final Adoption of Ordinance No. 2024-02 Amending Chapter 5.11 – Delivery Driver Tipping at Section 5.11.030 - Exceptions (CA)
Motion to adopt Ordinance 2024-02 amending Chapter 5.11 – Delivery Driver Tipping at Section 5.11.020 “Tipping Option Requirement” and
5.11.030 “Exceptions” pertaining to delivery driver tipping.
23. Municipal Code Amendments Relating to Objective Design Standards and Permit Processing Responding to Modifications Requested by the California Coastal Commission (PL)
Motion to:
1) Adopt a resolution acknowledging receipt of the resolution of certification from the California Coastal Commission, including the suggested modifications, and
2) Introduce for publication an ordinance amending various parts Chapter 24.04 of the Santa Cruz Municipal Code related to permit processing in response to action by the California Coastal Commission.
January 23, 2024 City Council 12
Consent Public Hearings (continued)
24. A23-0001: Downtown Plan Amendments and Local Coastal Program Implementation Plan Amendments Responding to Modifications Requested by the California Coastal Commission on Previously Adopted Downtown Plan Amendments Related to Removing Public Hearing Requirements for Day Care and Supportive Housing, Consistent with State Law; Expanding Hotel, Residential, and Recreational Use Allowances; Revising Additional Height Criteria; Adding Language to Encourage Activated Roof Top Amenities; and Amending Landscape Requirements to Allow More Flexibility with Landscaping and Tree Selection (PL)
Motion to adopt a resolution:
1) Acknowledging receipt of the resolution of certification from the California Coastal Commission, including the suggested modifications, 2) Amending the Downtown Plan and Local Coastal Program Implementation Plan to match the minor changes related to contributions to the Affordable Housing Trust Fund in response to action by the California Coastal Commission, and
3) Directing the Director of Planning and Community Development to submit the accepted changes to the Coastal Commission.
25. Extension of Urgency Ordinance Relating to Accessory Dwelling Units (ADUs), Junior ADUs, and Associated Changes to Permitting Required by State Law (PL)
Motion to:
1) Adopt an urgency ordinance to extend the term of the previously adopted urgency ordinance for a term of twelve months in accordance with the allowances in State Law, and
2) Direct staff to proceed with developing a regular ordinance that addresses the same state code changes.
January 23, 2024 City Council 13
Public Hearing
26. Tree Appeal 339 Walnut Avenue (PR)
Resolution to deny the appeal and uphold the Parks and Recreation Commission’s approval of tree removal permit application TR23-0089 submitted by Santa Cruz Property Management to remove one coast redwood tree located at 339 Walnut Avenue.
General Business
27. Communitywide Climate Action Plan 2030 – Year 1 Progress Report Update (CM)
Accept progress report update for the first year of the City’s Communitywide Climate Action Plan 2030.
28. 2023 Health in All Policies Progress Update and 2024 Health in All Policies Committee Workplan (CN)
Motion to:
1) Accept 2023 Health in All Policies (HiAP) progress update; 2) Adopt the 2024 HiAP Committee workplan and targets for increasing diversity in City committees and commissions;
3) Direct staff to prepare a commissioner/committee member compensation policy and process and provide an update to HiAP Committee; and
4) Direct staff to include HiAP committee recommended HiAP budget in FY 2025 proposals, and provide an update to the HiAP Committee on integrating HiAP into budget decision making for FY 2025 prior to budget hearings.
January 23, 2024 City Council 14
General Business (continued)
29. Economic Development Strategy Update: Downtown and
Eastside/Midtown District Activation and Direction (CN/ED) Accept the Economic Development Strategy Update regarding downtown and eastside/midtown actions and direct staff to move forward on the following additional recommended action areas to further activate the two districts during the current fiscal year:
1) Placemaking and activation activities
2) Assessment of empty storefronts
3) Permanent planning for future use of the existing downtown library site
4) Integration of new downtown housing projects into the downtown business, retail, and shopping environment
5) Pursue establishment of an eastside/midtown Business or Property-Based Improvement District
6) Amend the Economic Development Strategy to include these additional strategies and actions, and
7) Return to Council with an update on progress during the current fiscal year.
30. Military Equipment Purchase Request and Policy Update per Assembly Bill 481 (PD)
Motion to:
1) Introduce for publication an ordinance amending City of Santa Cruz Municipal Code (“SCMC”) Chapter 9.90 “AB 481 Military Equipment Use,” adopting an amended Military Equipment Use Policy (Policy) and incorporating the acquisition of unmanned aerial systems, and 2) Should the Council adopt the amended Policy and upon ordinance adoption:
a) Adopt a resolution amending the FY 2024 budget in the amount of $170,942 from the Police Asset Seizure 214 Fund, and
b) Approve a five-year purchase with Axon, Inc. for a drone program, with Year 1 totaling $114,844, and authorize the City Manager to execute a contract in a form approved by the City Attorney.
January 23, 2024 City Council 15
Advisory Body Appointments
31. Arts Commission (CC)
Appoint two at-large Arts Commissioners with terms ending January 31, 2025.
32. County Library Advisory Commission (CC)
Appoint two at-large County Library Advisory Commissioners with terms ending January 31, 2028.
33. Downtown Commission (CC)
Approve Mayor Keeley’s nomination for one Downtown Commissioner with a term ending January 31, 2027, and appoint one Downtown Commissioner, at-large, with a term ending January 31, 2025.
34. Historic Preservation Commission (CC)
Approve Vice Mayor Golder’s and Mayor Keeley’s nominations for two Historic Preservation Commissioners, with terms ending January 31, 2027.
35. Parks and Recreation Commission (CC)
Approve Vice Mayor Golder’s nomination of one Parks and Recreation Commissioner, with a term ending January 31, 2027.
36. Planning Commission (CC)
Approve Councilmember Newsome’s nomination for one Planning Commissioner with a term ending January 31, 2027, and appoint one Planning Commissioner, at-large, with a term ending January 31, 2025.
37. Sister Cities Committee (CC)
Appoint two Sister Cities Committee Members with terms ending January 31, 2028.
January 23, 2024 City Council 16
Advisory Body Appointments (continued)
38. Transportation and Public Works Commission (CC)
Approve Vice Mayor Golder’s nomination of one Transportation and Public Works Commissioner with a term ending January 31, 2027, Councilmember Newsome’s nomination of one Transportation and Public Works Commissioner with a term ending January 31, 2027, and appoint two Transportation and Public Works Commissioners, at-large, both with terms ending January 31, 2025.
39. Water Commission (CC)
Approve Vice Mayor Golder’s nomination of one Water Commissioner with a term ending January 31, 2027, and appoint one Water Commissioner, at-large, with a term ending January 31, 2025.
General Business
40. Impact Report on the Effect of the Proposed Housing for People Initiative (Measure M) (PL/ED)
Accept the impact report on the effect of the proposed Housing for People initiative (Measure M) and, should the Council choose to do so, vote to take a formal position on the measure.
Adjournment
January 23, 2024 City Council 17
INFORMATION ITEMS PREVIOUSLY DISTRIBUTED TO CITY COUNCILMEMBERS ADDENDUM TO CITY COUNCIL AGENDA – JANUARY 23, 2024
41. City Clerk: 2023 Advisory Body Attendance Reports - 1/11/24 (CCFYI 221)
MAYOR'S PROCLAMATIONS
ADDENDUM TO CITY COUNCIL AGENDA – JANUARY 23, 2024
42. Proclaiming January 11, 2024 as “Doug Engfer Day” in acknowledgment of his long service to our community and urging all citizens to join in recognizing and honoring his exemplary citizenship for his contributions to our community’s ongoing efforts to responsibly and sustainably manage our City’s precious natural resources, its critically important water resources and infrastructure, and the financial resources that customers provide to support the Santa Cruz water system in its mission to deliver high quality and reliable water to Santa Cruz water service customers.
Advisory Body Appointments
The following positions are either currently vacant or the terms are due to expire.
Council will make the appointments at a future meeting.
Commission for the Prevention of
Violence Against Women
One opening, to be appointed by
Councilmember Watkins.
County Latino Affairs Commission One opening – at-large nomination January 23, 2024 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.