CITY OF SANTA CRUZ
809 Center Street
Santa Cruz, California 95060
CITY COUNCIL AGENDA
Regular Meeting - March 12, 2024
12:00 P.M. CLOSED SESSION, ZOOM/COURTYARD CONFERENCE ROOM 1:15 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, March 11th
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, March 10th by emailing the Mayor and the City Clerk.
Approval will be confirmed via email.
[email protected] [email protected]
March 12, 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 8, 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. 12:00 PM
Closed Session
1. Conference With Legal Counsel – Liability Claims (Government Code §54956.95)
1) Claimant: Robert David Worel
2) Claimant: Sean M. Bergman
3) Claimant: Lisa Foster
Claims against the City of Santa Cruz
2. Conference with Legal Counsel – Existing Litigation (Government Code §54956.9(d)(1))
Alicia Lopez v. Mary McCoy, et al.
(Santa Cruz County Superior Court Case No. 18CV03301)
March 12, 2024 City Council 3
Closed Session (continued)
3. Real Property Negotiations (Government Code §54956.8) 1) Property: 25 Municipal Wharf
APN: 007-341-01
Owner: Mark Gilbert dba Firefish
City Negotiator: Bonnie Lipscomb
Negotiating Parties: City of Santa Cruz and Mark Gilbert Under Negotiation: Price, terms of payment, or both
2) Property: 55 Municipal Wharf B, C, D
APN: 007-381-01
Owner: Debra Szecsei dba Vino Locale
City Negotiator: Bonnie Lipscomb
Negotiating Parties: City of Santa Cruz and Debra Szecsei Under Negotiation: Price, terms of payment, or both
3) Property: 55 Municipal Wharf B, C, D
APN: 007-381-01
Owner: Ana Wold and Josh Taylor dba Vino by the Sea, Inc.
City Negotiator: Bonnie Lipscomb
Negotiating Parties: City of Santa Cruz and Ana Wold
Under Negotiation: Price, terms of payment, or both
4) Property: 110 Cedar Street
APN: 005-042-14
Owner: Paul and Kim, Inc. dba Mandarin Gourmet
City Negotiator: Bonnie Lipscomb
Negotiating Parties: City of Santa Cruz and Paul Hui
Under Negotiation: Price, terms of payment, or both
5) Property: 302 and 326 Front Street
APNs: 005-151-48 and 005-151-35
Owner: City of Santa Cruz
City Negotiator: Bonnie Lipscomb
Negotiating Parties: City of Santa Cruz and SCFS Venture LLC.
Under Negotiation: Price, terms of payment, or both
March 12, 2024 City Council 4
City Council
1:15 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
The below presentation #4 will be heard around 4:00 PM
4. Outgoing Delegation to Shingu
5. Parking for Hope Check Presentation
6. Santa Cruz Mountains Trail Stewardship 2023 Annual Report Presiding Officer's Announcements
Statements of Disqualification
Additions and Deletions
City Attorney Report on Closed Session
March 12, 2024 City Council 5
Council Meeting Calendar
7. The City Council will review the meeting calendar attached to the agenda and revise it as necessary.
Consent Agenda
8. 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.
9. Minutes of the February 27, 2024 City Council Meeting (CC) Motion to approve as submitted.
10. Authorization for Application and Acceptance of Prohousing Incentive Program Funds (CM)
Resolution authorizing the City Manager to apply for and accept the Prohousing Incentive Program Funds and, if awarded, to execute any agreement(s) or documents in a form to be approved by the City Attorney, and to take any other actions necessary for implementation of the grant-funded project.
11. City of Santa Cruz: Local Hazard Mitigation and Climate Adaptation Plan Integration and Update - Budget Adjustment (CM)
Resolution amending the FY 2024 budget for the use of $190,000 from the Federal Emergency Management Agency (FEMA) Hazard Mitigation Grant Program (HMGP) fund to complete the Local Hazard Mitigation and Climate Adaptation Plan Integration and Update.
12. Resolution Requesting that the State of California Department of Transportation (CalTrans) Restrict Parking along State Highway 9 (CM/PR)
Resolution requesting that the State of California Department of Transportation (CalTrans) restrict parking along State Highway 9.
March 12, 2024 City Council 6
Consent Agenda (continued)
13. Proposed Expansion of Marine-Protected Areas, and Removal of OneMile Buoy (CN) Motion to:
1) Oppose, unless amended, the petition pending at the California Fish and Game Commission to modify the California Marine Protected Areas Network to enhance protections for California’s kelp forests; 2) Oppose the proposed action by the United States Coast Guard to remove the One-Mile Buoy; and
3) Direct the Mayor to convey the position of the City of Santa Cruz on these two items, to the appropriate legislative delegation, and to the California Fish and Game Commission, Marine Resources Committee.
14. Support for Establishing a Regional Program of All-Inclusive Care for the Elderly (PACE) to Provide High-Quality Health Care Services to LowIncome Seniors (CN) Motion to direct the Mayor to send a letter to the California Department of Health Care Services in support of GoldenPACE Health’s application to establish a regional Program of All-Inclusive Care for the Elderly (PACE) for Santa Cruz, San Benito, and Monterey Counties, as outlined in the agenda report.
15. Approve the Purchase of Seven (7) Physio-Control LifePak 15 Heart Monitor Electrocardiogram (EKGs) (FD)
Motion to:
1) Approve the purchase of Seven (7) Physio-Control LifePak 15 Heart Monitor Electrocardiogram (EKGs), charging and accessory packages for a total cost of $191,776; and
2) Adopt a resolution to transfer $106,000 from the City of Santa Cruz Fire Department Public Safety Impact Fee Fund 217 into the FY 2024 budget to cover a portion of the purchase of the equipment, with the remainder allocated from Fire’s FY 2024 operating budget, and to authorize the appropriation of funds for the purchase of EKGs through the Santa Cruz County Emergency Medical Services Integration Authority (EMSIA).
March 12, 2024 City Council 7
Consent Agenda (continued)
16. Liability Claims Filed Against the City of Santa Cruz (FN) Motion to, based on staff recommendation:
1) Reject the claim of Robert David Worel;
2) Return as late, the claim of Sean M. Bergman; and
3) Deny application by Lisa Foster for leave to present a late claim.
17. University Tank No. 4 Replacement Project (c701505) – Approval of Plans and Specifications and Authorizing to Advertise for Bids and Award of Contract (WT)
Motion to:
1) Approve the plans and specifications for the University Tank No. 4 Replacement Project (c701505) and authorize staff to advertise for bids and the City Manager, or designee, is hereby authorized and directed to execute the contract in a form approved by the City Attorney and as authorized by Resolution No. NS-27,563; 2) Authorize the City Manager, or designee, to execute a Work Agreement and Grant of Easement and Agreement between the City of Santa Cruz and Regents of the University of California in a form approved by the City Attorney;
3) Find the University Tank No. 4 Replacement Project exempt under the California Environmental Quality Act and allow staff to file a formal Notice of Exemption; and
4) Authorize the Water Director to approve change orders for the University Tank No. 4 Replacement Project for amounts that are within the approved budget.
March 12, 2024 City Council 8
Consent Agenda (continued)
18. Purchase of Real Property Necessary for Brackney Landslide Area Pipeline Risk Reduction Project: Assessor’s Parcel Number 072-174-07, Owned by Shane M. Kavanagh and Cassondra T. Kavanagh (WT) Resolution authorizing and directing the City Manager or his designee to execute a purchase sale agreement, in a form approved by the City Attorney, between the City of Santa Cruz and Shane M. Kavanagh and Cassondra T. Kavanagh for the easements located in Ben Lomond, CA near Highway 9 between Glen Arbor Road and Brackney Road for a permanent easement and two temporary easements on APN 072-174-07 for the Brackney Landslide Area Pipeline Risk Reduction Project.
End Consent Agenda
Public Hearings
19. 2024-2025 U.S. Department of Housing and Urban Development (HUD) Annual Action Plan and Amendment to the Citizen Participation Plan (ED)
Motion to:
1) Make initial funding recommendations for the 2024-2025 U.S.
Department of Housing and Urban Development (HUD) Annual Action Plan for both Community Development Block Grant (CDBG) and Home Investment Partnerships Program (HOME);
2) Amend the Citizen Participation Plan (CPP) to reflect the merger of the Community Programs Committee with the Health in All Policies Committee and amend the public input schedule for all HUD Plans; and 3) Draft and submit a letter to Congressman Panetta asking for support in the maintain funding levels for CDBG and HOME from Congress and authorize the City Manager to sign the letter.
March 12, 2024 City Council 9
Public Hearings (continued)
20. Citywide in the Coastal Zone (Application No. CP23-0176) – Appeal of the Planning Commission’s Approval of a Coastal Permit for Continued Implementation of the Oversized Vehicle Ordinance in the Coastal Zone, Initially Implemented Pursuant to Conditions of Approval of Coastal Development Permit (CDP) A-3-STC-22-0018 Approved by the California Coastal Commission. The appealed Planning Commission Approval: (1) Authorizes the City to Continue Implementation of Ordinance No. 2021-20, as Amended by Ordinance No. 2023-08 and Codified in Municipal Code Sections 10.04.065, 10.04.085, 10.04.104,
10.04.106, 10.04.165, 10.40.120, 10.41.060, and 16.19.070, Including, but not Limited to, Restrictions on Overnight Parking of Oversized Vehicles (“OVs”) and a Prohibition Against Parking of Unattached Trailers; (2) Provides for Continued Operation of the City’s Safe Parking Program; and (3) Accommodates Potential Future Minor Modifications to the City’s Safe Parking Program and OV Regulations, Including Potential Modifications to its OV Residential Parking Permit Program. Location: Throughout the Coastal Zone. CEQA: Not a project Pursuant to CEQA Section 15378; Statutory Exemptions, categorical exemptions, and general rule/common sense exemption. Applicant:
City of Santa Cruz. (PL)
Resolution to deny the appeal and uphold the Planning Commission’s acknowledgement of the environmental determination and approval of the Coastal Permit, based on the findings listed in the draft resolution and the Conditions of Approval attached as Exhibit “A.” General Business
21. Ordinance Amending Santa Cruz Municipal Code Chapter 13.12, Use of Skateboards and Bicycles at City-Owned Parks and Recreational Facilities (CA/PR)
Introduce for publication an ordinance amending Chapter 13.12, Use of Skateboards and Bicycles at City-Owned Parks and Recreational Facilities, of the Santa Cruz Municipal Code relating to City-owned parks and recreational facilities in response to amendments to Health and Safety Code section 115800.
March 12, 2024 City Council 10
General Business (continued)
22. Parks and Recreation FY 2023 Annual Report and FY 2024 Progress Update (PR)
Motion to accept the FY 2023 Parks and Recreation Annual Report and direct department staff to continue their evaluation of service levels, service offerings, and associated resources in the delivery of FY 2024 goals.
Adjournment
March 12, 2024 City Council 11
INFORMATION ITEMS PREVIOUSLY DISTRIBUTED TO CITY COUNCILMEMBERS ADDENDUM TO CITY COUNCIL AGENDA – MARCH 12, 2024
23. Economic Development and Housing Department: 115 Coral Street Sublease Amendment - 2/20/24 (EDFYI 001)
24. Parks and Recreation Department: Update on Pogonip and Homeless Garden Project - 3/12/24 (PKFYI 079)
MAYOR'S PROCLAMATIONS
ADDENDUM TO CITY COUNCIL AGENDA – MARCH 12, 2024
25. Proclaiming the month of February 2024 as “Santa Cruz Black History Month,” with special recognition to the Santa Cruz NAACP, United Way and Chief Executive Officer Keisha Browder, and Black Health Matters Initiative, and encouraging all citizens to observe this month by acknowledging and learning the history and challenges faced by the Black community in Santa Cruz and paying tribute to supporting and engaging the many groups and leaders in the community for their contributions, strength, character, and perseverance, all of which enrich our lives.
26. Proclaiming March 1, 2024 as “Janice Bisgaard Day” and urging all citizens and her coworkers to join in thanking her for her years of service and recognizing her substantial contributions to the Public Works Department and to the smooth operation and safety of our community.
27. Proclaiming March 11, 2024 as “Arbor Day” and encouraging all citizens to join in recognizing the important work and contributions of the Cabrillo College Horticultural Program and the City of Santa Cruz Parks and Recreation Department and urging students and citizens to plant trees to offset climate change and enhance our local environment and natural world for our present and future generations.
March 12, 2024 City Council 12
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.