CITY OF SANTA CRUZ
809 Center Street
Santa Cruz, California 95060
CITY COUNCIL AGENDA
Regular Meeting - February 27, 2024
2:00 P.M. CLOSED SESSION, ZOOM/COURTYARD CONFERENCE ROOM 2:20 P.M. ORAL COMMUNICATIONS, CONSENT 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
Or: Call any of the numbers below. If one is busy, try the next one. 1-833-548-0276 (Toll Free)
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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, February 26th
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 25th by emailing the Mayor and the City Clerk.
Approval will be confirmed via email.
[email protected] [email protected]
February 27, 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/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.
February 27, 2024 City Council 3
2:00 PM
Closed Session
1. Real Property Negotiations (Government Code §54956.8) 1) Property: 1010 River Street (Colligan Theater)
APN: 008-661-13
Owner: Jewel Theater Company
City Negotiator: Bonnie Lipscomb
Negotiating Parties: City of Santa Cruz and Julie James Under Negotiation: Price, terms of payment, or both
2) Property: 1520 K1 Pacific Ave (Kiosk)
APN: N/A – Right of Way
Owner: Tsegarede Embaye (dba NahNa Eritrean Foods)
City Negotiator: Bonnie Lipscomb
Negotiating Parties: City of Santa Cruz and Tsegarede Embaye Under Negotiation: Price, terms of payment, or both
3) Property: 49-B Municipal Wharf
APN: 007-371-01
Owner: Olita’s Cantina & Grill, LLC
City Negotiator: Bonnie Lipscomb
Negotiating Parties: City of Santa Cruz and Steve Elb
Under Negotiation: Price, terms of payment, or both
4) Property: 121 Soquel Avenue
APN: 005-081-51 (Portion)
Owner: Oswald, LLC dba Oswald
City Negotiator: Bonnie Lipscomb
Negotiating Parties: City of Santa Cruz and Damani Thomas Under Negotiation: Price, terms of payment, or both
5) Property: 401 Upper Park Road
APN: 009-471-02 (Portion)
Owner: Dela Upper Park, Inc.
City Negotiator: Bonnie Lipscomb
Negotiating Parties: City of Santa Cruz and Tim and Jamie Loustalot Under Negotiation: Price, terms of payment, or both
February 27, 2024 City Council 4
City Council
2:20 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
Presentations
2. Mayoral Proclamation Declaring February as Black History Month
3. Zero Emission Rail and Trail Project
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 27, 2024 City Council 5
Consent Agenda
5. Minutes of the February 13, 2024 City Council Meeting (CC) Motion to approve as submitted.
6. 119-123 Locust Street Purchase and Sale Agreement and Related Actions (ED)
Resolution authorizing the City Manager to enter into a Purchase and Sale Agreement for real property located at 119-123 Locust Street (APN 005-043-02) and execute any related documents, amendments, modifications, or extensions of a non-substantive or conforming nature, in a form approved by City Attorney, between the City of Santa Cruz and David Posner.
7. 1122 Pacific Avenue – Lease Agreement with Eco Leo LLC, (aka Dyane Villalobos) dba Childish Toy Shop (ED)
Motion to authorize and direct the City Manager to execute a Lease Agreement with Eco Leo LLC (aka Dyane Villalobos) dba Childish Toy Shop for the retail space located at 1122 Pacific Avenue, and to execute any documents, amendments, or modifications, of a nonsubstantive or conforming nature, and to assign and relocate premises, as needed, in a form approved by City Attorney.
8. State Affordable Housing Sustainable Communities Program Funding Application for the 136 River St 100% Affordable Housing Project (ED) Resolution authorizing the City Manager to jointly apply for, accept, and appropriate any grant funds from the California Strategic Growth Council (SGC), if awarded, through the State Affordable Housing and Sustainable Communities Grant Program (AHSC); and, to authorize the City Manager or his designee to negotiate, execute, enter into, and deliver any necessary contracts, agreements, documents, amendments, in a form to be approved by the City Attorney; and take any other actions necessary to implement the grant-funded project, in an amount(s) not to exceed the grant award.
February 27, 2024 City Council 6
Consent Agenda (continued)
9. Coastal Conservancy Resilience Grant Program for the Santa Cruz Wharf Resilience Upgrades and Improvements Project and Related Actions (ED)
Resolution authorizing and directing staff to apply for and accept $6,893,700 in grant funds from the California Coastal Conservancy for the Santa Cruz Wharf Resilience Upgrades and Improvements Project; and, if awarded, authorizing the City Manager or his designee to appropriate funds not to exceed total project cost of $8,527,600, and to execute any agreements, documents, or project modifications necessary for acceptance and implementation of the grant.
10. Professional Services Agreements for On-Call Landscape Architectural Services (PR)
Motion to approve and authorize the City Manager to execute Professional Services Agreements with Conger Moss Guillard (CMG), SWA Group (SWA), Royston, Hanamoto, Alley & Abey (RHAA), and Bionic Landscape, in the form approved by the City Attorney, for oncall landscape architectural services for an amount not to exceed $1,000,000 per vendor over a three-year term with an option to extend for an additional three years. The Director of Parks and Recreation is authorized to execute contract amendments within the approved project budget.
11. Neary Lagoon Security Fencing Project (m409688) – Notice of Completion (PW)
Motion to accept the work of Abacherli Fence Company (Soquel, CA) as completed per plans and specifications and authorize the filing of the Notice of Completion for the Neary Lagoon Security Fencing Project (m409688).
End Consent Agenda
February 27, 2024 City Council 7
Public Hearings
12. 2nd Reading and Final Adoption Ordinance No. 2024-06 Amending Uncodified Ordinance No. 2022-16 Extending Temporary Use of Certain Adjacent Public Street and Outdoor Areas for Eligible Businesses (ED) Motion to adopt Ordinance No. 2024-06 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.
13. Joby Employment Incentive Loan Agreement (ED)
Motion authorizing the City Manager to execute an Employment Incentive Loan Agreement and any non-substantive changes, in a form approved by the City Attorney, and other related documents, with Joby Aero, Inc. in an amount up to $500,000.
Adjournment
February 27, 2024 City Council 8
INFORMATION ITEMS PREVIOUSLY DISTRIBUTED TO CITY COUNCILMEMBERS None issued.
MAYOR'S PROCLAMATIONS
ADDENDUM TO CITY COUNCIL AGENDA – FEBRUARY 27, 2024
14. Proclaiming February 13, 2024 as “Leslie Conner Day” and encouraging all citizens to join in this observance.
15. Proclaiming February 17, 2024 as “Laurie R. King Day” and encouraging all citizens to join in honoring her for her contribution to the local and national literary community.
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.