CITY OF SANTA CRUZ
809 Center Street
Santa Cruz, California 95060
CITY COUNCIL AGENDA
Regular Meeting - February 13, 2024
Updated February 9, 2024 – Item 19.2
11:00 A.M. CLOSED SESSION, ZOOM/COURTYARD CONFERENCE ROOM 12:30 P.M. ORAL COMMUNICATIONS, CONSENT, GENERAL BUSINESS AND PUBLIC
HEARINGS, ZOOM/COUNCIL CHAMBERS
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
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Correspondence to be included in the agenda packet must be received by 5:00 pm on Monday, February 12th
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, February 11th by emailing the Mayor and the City Clerk.
Approval will be confirmed via email.
[email protected] [email protected]
February 13, 2024 City Council 2
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/councilmeetings 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/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. 11:00 AM
Closed Session
1. Conference with Legal Counsel - Existing Litigation (Government Code §54956.9(d)(1))
1) Alicia Lopez v. Mary McCoy, et al.
(Santa Cruz Superior Court Case No. 18CV03301)
2) Don’t Morph the Wharf! v. City of Santa Cruz et al.
(Santa Cruz County Superior Court Case No. 20CV02731)
February 13, 2024 City Council 3
Closed Session (continued)
2. Real Property Negotiations (Government Code §54956.8) 1) Property: 1126 Pacific Avenue
APN: 005-153-10
Owner: Frederick Meng
City Negotiator: Bonnie Lipscomb
Negotiating Parties: City of Santa Cruz and Frederick Meng dba Café Delmarette
Under Negotiation: Price, terms of payment, or both
2) Property: 1016 Cedar Street
APN: 005-042-36
Owner: Farouk Algosaibi
City Negotiator: Bonnie Lipscomb
Negotiating Parties: City of Santa Cruz and Farouk Algosaibi dba Café Limelight
Under Negotiation: Price, terms of payment, or both
3) Property: 1520 K2 Pacific Avenue
APN: No APN / Public Right of Way (Portion)
Owner: Sunny Kavil
City Negotiator: Bonnie Lipscomb
Negotiating Parties: City of Santa Cruz and Sunny Kavil dba Opulence Under Negotiation: Price, terms of payment, or both
4) Property: 37 Municipal Wharf
APN: 007-341-03
Owner: Stagnaro Fish Corporation (c/o Dino Stagnaro) dba Gilda's City Negotiator: Bonnie Lipscomb
Negotiating Parties: City of Santa Cruz and Stagnaro Fish Corporation Under Negotiation: Price, terms of payment, or both
5) Property: 59 Municipal Wharf
APN: 007-351-04
Owner: Stagnaro Bros. Seafood, Inc.
City Negotiator: Bonnie Lipscomb
Negotiating Parties: City of Santa Cruz and Stagnaro Bros. Seafood, Inc.
Under Negotiation: Price, terms of payment, or both
February 13, 2024 City Council 4
City Council
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
Presentation
3. Mayoral Proclamation Declaring February 13, 2024 as Leslie Conner Day Presiding Officer's Announcements
Statements of Disqualification
Additions and Deletions
City Attorney Report on Closed Session
Council Meeting Calendar
4. The City Council will review the meeting calendar attached to the agenda and revise it as necessary.
February 13, 2024 City Council 5
Consent Agenda
5. Resolution Declaring the Existence of a State of Emergency Arising from December 2023 and January and February 2024 Winter Storms (CA/CM)
Resolution declaring the existence of a state of emergency arising from December 2023 and January and February 2024 winter storms.
6. Minutes of the January 23, 2024 City Council Meeting (CC) Motion to approve as submitted.
7. Integrated Regional Water Management – Memorandum of Agreement Renewal, Local Project Sponsorship Agreement Authorization, DecisionSupport Tool Approval of Professional Services Agreement (CM/PW/WT) Motion to authorize the City Manager to:
1) Execute the Memorandum of Agreement for the Santa Cruz Integrated Regional Water Management Program and Complementary Efforts in a form approved by the City Attorney;
2) Execute a Local Project Sponsor Agreement between the Regional Water Management Foundation and the City of Santa Cruz, in a form approved by the City Attorney; accept the funds; and execute all standard agreements for such funds and any amendments thereto and any other documents necessary to secure the Proposition 1 Integrated Regional Water Management Round 2 Implementation Grant Agreement funds for the Projects Entitled Project 3: Decision-Support Tool – Understanding Climate Influenced River Flooding and Project 4:
Recreational Vehicle Sewage Dump Station in a form approved by the City Attorney; and
3) Execute an agreement in a form to be approved by the City Attorney with Environmental Science Associates (ESA) for consulting services for Project 3: Decision-Support Tool and to authorize the City Manager to execute future contract amendments within the approved project budget.
February 13, 2024 City Council 6
Consent Agenda (continued)
8. Resolution Establishing the 2024 Security Deposit Interest Rate for Residential Rental Property (ED)
Resolution establishing the 2024 interest rate for the residential security deposits at 0.03% and rescinding Resolution No. NS-30,096.
9. City Participation in County-wide Landlord Incentive Program – Contract Amendment and Budget Adjustment (ED)
Motion to:
1) Approve an amendment to the Agreement between the City of Santa Cruz and the Housing Authority of Santa Cruz County for the Countywide Landlord Incentive Program, authorizing and directing the City Manager to modify the existing Agreement in a form approved by the City Attorney; and
2) Adopt a resolution amending the FY 2024 budget to increase the allocation to the Landlord Incentive Program by $15,000 for the 2023- 2024 Program Year.
10. Annual Comprehensive Financial Report (ACFR) and Popular Annual Financial Report (PAFR) for the Fiscal Year Ended June 30, 2023 (FN) Receive and file the Annual Comprehensive Financial Report (ACFR), and related reports, for the fiscal year ended June 30, 2023.
11. Neary Street Sewer Rehabilitation (c401511) – Authorization to Advertise and Award (PW)
Motion to approve the plans and specifications for the Neary Street Sewer Rehabilitation (c401511), authorize staff to advertise for bids, and award the contract. The City Manager is hereby authorized and directed to execute the contract as authorized by Resolution No. NS27,563. The Director of Public Works is authorized to execute changes orders within the approved project budget.
February 13, 2024 City Council 7
Consent Agenda (continued)
12. HSIP10: Unsignalized Crossing Improvement Project (c402215) – Notice of Completion (PW)
Motion to accept the work of Kraemer Engineering, Inc. (Salinas, CA) as completed per the plans and specifications and authorize the filing of the Notice of Completion for HSIP10: Unsignalized Crossing Improvement Project (c402215).
13. Resource Recovery Facility Public Tipping Area Concrete Project 2024 (c401811) – Authorization to Advertise for Bids and Award Contract (PW)
Motion to approve the plans and specifications for the Resource Recovery Facility Public Tipping Area Concrete Project (c401811) and authorize staff to 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.
14. Newell Creek Pipeline Replacement Project: Felton/Graham Hill – Award of Professional Engineering Services During Construction to Carollo Engineers (WT)
Motion authorizing the City Manager to execute an agreement in a form to be approved by the City Attorney with Carollo Engineers (Walnut Creek, CA) for professional engineering services during construction for the Newell Creek Pipeline Replacement Project: Felton/Graham Hill Water Treatment Plant section in the amount of $797,742 and to authorize the Water Director to execute future contract amendments within the approved project budget.
End Consent Agenda
February 13, 2024 City Council 8
Consent Public Hearings
15. 2nd Reading and Final Adoption of Ordinance No. 2024-01 Implementing the CalPERS Contract Amendment (CC)
Motion to:
1) Rescind prior action of the adoption of Ordinance No. 2024-01 implementing the CalPERS contract amendment from the January 23, 2024 City Council meeting; and
2) Adopt Ordinance No. 2024-01 implementing the CalPERS contract amendment.
16. 2nd Reading and Final Adoption of Ordinance Number 2024-03 Municipal Code Amendments Relating to Objective Design Standards and Permit Processing Responding to Modifications Requested by the California Coastal Commission (PL)
Motion to adopt Ordinance No. 2024-03 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.
17. 2nd Reading and Final Adoption of Ordinance No. 2024-05 Military Equipment Purchase Request and Policy Update per Assembly Bill 481 (PD)
Motion to:
1) Adopt Ordinance No. 2024-05 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 (UAS); 2) Adopt a resolution amending the FY 2024 budget in the amount of $170,942 from the Police Asset Seizure 214 Fund, and
3) 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.
February 13, 2024 City Council 9
Public Hearing
Please note the below process for item 18:
Staff presentation
Appellant presentation (maximum twenty minutes)
Opponents/applicant or representative presentation (maximum twenty minutes)
Public Comment (maximum one hour)
Appellant rebuttal (maximum five minutes)
Council deliberation and action
18. 900 High Street: CP23-0164 (APN 001-022-40). Appeal of the Planning Commission Approval of the Development Proposal at 900 High Street Involving a Minor Land Division, Design Permit, Slope Development Permit, Density Bonus Request, and Heritage Tree Removal Permit to Divide a Parcel Into Two Lots and Construct a 40 Unit, Four-Story Apartment Building Within 20 Feet of a 30-Percent Slope and to Remove 14 Heritage Trees on a Site With an Existing Church in the R-1- 10 (Single Family Residence) Zone District. (Environmental Determination: Exempt Under PRC Section 21083.3/CEQA Guidelines Section 15183), Applicant: Diana Alfaro, Workbench, Filed 11/30/22 (PL)
Resolution denying the appeal of Norman Tardif, representing Springtree Homeowner’s Association (HOA) and Westlake Neighbors Association, thereby upholding the Planning Commission’s acknowledgment of the environmental determination and approval of the Minor Land Division, Design Permit, Slope Development Permit, Density Bonus Request, and Heritage Tree Removal Permit based on the findings listed below and the Conditions of Approval attached as “Exhibit A.”
February 13, 2024 City Council 10
General Business
19. Mid-Year Budget Update
19.1. FY 2024 Budget Adjustments and Information on City’s Financial Status (FN)
Motion to:
1) Adopt a resolution amending the fiscal year (FY) 2024 budget appropriation of expenditures to all funds as listed in Exhibit A, in the amount of $14,274,517, including an increase of $721,206 to the General Fund, and a total appropriation decrease of revenues as listed in Exhibit A in the amount of $10,782,600 to all funds, including a net addition of $358,844 to the General Fund,
2) Authorize the City Manager to allocate budgetary changes within the applicable funds and departments, and
3) Receive an update on the City of Santa Cruz’s financial status.
The below item was updated to correct the affected departments on agenda as well as the draft resolution.
19.2. Resolution Amending the City of Santa Cruz Personnel Complement and Classification and Compensation Plans for the Public Works, Planning, Parks and Recreation, Police, Economic Development, Fire, and Water Departments (HR)
Resolution amending the Classification and Compensation Plans and the Mid-Year 2024 Budget Personnel Complement by approving
classification and position changes in certain departments.
General Business
20. First Reading of an Ordinance Amending Uncodified Ordinance No. 2022-16 Extending Temporary Use of Certain Adjacent Public Street and Outdoor Areas for Eligible Businesses (ED)
Introduce for publication an ordinance amending uncodified Ordinance No. 2022-16 extending temporary use of certain adjacent public street and outdoor areas for eligible businesses that extends the temporary period for commercial use on private property from March 31, 2024 to May 31, 2025.
February 13, 2024 City Council 11
General Business (continued)
21. Review of Recent State of California Legislation Impacting Local Control and 2023 Land Use and Housing Legislation Update (PL) Motion to accept the review of recent state of California legislation impacting local control and 2023 land use and housing legislation update.
Adjournment
February 13, 2024 City Council 12
INFORMATION ITEMS PREVIOUSLY DISTRIBUTED TO CITY COUNCILMEMBERS None issued.
MAYOR'S PROCLAMATIONS
ADDENDUM TO CITY COUNCIL AGENDA – FEBRUARY 13, 2024
22. Proclaiming February 2, 2024 as “Rosemary Menard Day” and encouraging all citizens to join in honoring her; recognizing the contributions of her work to ensure public health and safety by providing a clean, safe, reliable supply of water to our community; and wishing her well in her retirement.
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 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.