CITY OF SANTA CRUZ
809 Center Street
Santa Cruz, California 95060
CITY COUNCIL AGENDA
Regular Meeting - April 30, 2024
1:00 P.M. CLOSED SESSION, ZOOM/COURTYARD CONFERENCE ROOM 1:30 P.M. ORAL COMMUNICATIONS, CONSENT, CONSENT PUBLIC HEARINGS,
GENERAL BUSINESS, AND PUBLIC HEARINGS, ZOOM/COUNCIL CHAMBERS The meeting may be viewed remotely, using any of the following sources:
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Correspondence to be included in the agenda packet must be received by 5:00 pm on Monday, April 29th
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 28th by emailing the Mayor and the City Clerk.
Approval will be confirmed via email.
[email protected] [email protected]
April 30, 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. 1:00 PM
Statements of Disqualification
Closed Session
1. Conference With Legal Counsel – Liability Claims (Government Code §54956.95)
1) Claimant: Allstate Insurance Company
2) Claimant: Sean M. Bergman
Claims against the City of Santa Cruz
2. Real Property Negotiations (Government Code §54956.8) Property: Approximately 8.15 acres located on Mount Hermon Road in Scotts Valley, CA
APNs: 022-721-07, 022-721-08, 022-721-09
Owner: City of Santa Cruz
City Negotiator: Bonnie Lipscomb
Negotiating Parties: City of Santa Cruz and City of Scotts Valley Under Negotiation: Price, terms of payment, or both
April 30, 2024 City Council 3
City Council
1:30 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
Presentations
3. Mayoral Proclamation Declaring May 4, 2024 as Wildfire Community Preparedness Day
4. Mayoral Proclamation Declaring May 2024 as Affordable Housing Month
5. Mayoral Proclamation Declaring May 5 - May 11, 2024, as Professional Municipal Clerks Week
Presiding Officer's Announcements
Statements of Disqualification
Additions and Deletions
City Attorney Report on Closed Session
Council Meeting Calendar
6. The City Council will review the meeting calendar attached to the agenda and revise it as necessary.
April 30, 2024 City Council 4
Consent Agenda
7. Resolution Extending the Emergency Declarations in Connection with the 2022/2023 Winter Storms and 2023/2024 Winter Storms (CA/CM) Motion to adopt a resolution extending by sixty days the Local Emergency Declarations in connection with the 2022/2023 and 2023/2024 winter storms.
8. Minutes of the April 9, 2024 City Council Meeting (CC) Motion to approve as submitted.
9. OPC SB 1 Grant Program- Track 1: SLR Adaptation PlanningAuthorization to Submit a Grant Application for the Resilient Coast Santa Cruz 2.0: Shoreline Adaptation Blueprint Project (CM) Motion to authorize the City Manager to apply for, accept, and appropriate funds from the Ocean Protection Council (OPC) Senate Bill (SB) 1 Grant Program to fund the Resilient Coast Santa Cruz 2.0:
Shoreline Adaptation Blueprint Project.
10. Award Contract for Living Shorelines, Nature Based Solutions and Sand Management Feasibility Study (CM)
Motion to award a contract to Environmental Science Associates (ESA) for the Living Shorelines, Nature Based Solutions (NBS) and Sand Management Feasibility Study in the amount of $297,000 and reject all other proposals and to authorize the City Manager to execute an agreement in a form approved by the City Attorney with ESA for the Living Shorelines, Nature Based Solutions and Sand Management Feasibility Study.
April 30, 2024 City Council 5
Consent Agenda (continued)
11. United States Department of Energy’s Energy Efficiency and Conservation Block Grant Program – Authorization to Submit a Grant Application to Establish a Pilot Program to Provide Financial Assistance to City Employees Switching from Gas-Fueled Vehicles to Electric Vehicles (CM)
Motion to adopt a resolution authorizing the City Manager to apply for funds from the Department of Energy’s Energy Efficiency and Conservation Block Grant Program to fund a pilot program, “The City of Santa Cruz Employee Electric Vehicle Incentive Program,” to advance adoption of electric vehicles by providing City employees financial assistance to switch from gasoline-powered vehicles to electric vehicles.
12. Increase Open Purchase Order (PO) with Central Fire Protection District by $100,000 for Fleet and Apparatus Maintenance and Repairs (FD) Motion to reallocate funds from the FY 2024 Fire Department operating budget to increase the open PO with Central Fire District by $100,000 and to allow future POs with Central Fire District be established at $250,000.
13. Implementation of Local Transactions and Use Tax (FN) Motion to:
1) Adopt a resolution authorizing the Finance Director to execute agreements with the California Department of Tax and Fee Administration for implementation of a local transactions and use tax; and
2) Adopt a resolution authorizing examination of sales or transactions and use tax records.
14. Liability Claims Filed Against the City of Santa Cruz (FN) Motion to 1) reject the liability claim of Allstate Insurance Company; and 2) deny the application by Sean M. Bergman for leave to present a late claim, based on staff recommendation.
April 30, 2024 City Council 6
Consent Agenda (continued)
15. Award Agreement for Code Enforcement Support for Sidewalk Vending Program. Environmental Determination: Exempt 15321 (PL) Motion to:
1) Award agreement for Willdan Engineering in the amount of $120,000; and
2) Recognize the environmental determination and authorize the City Manager to execute the agreement and any amendments within the approved operating budget and authorized amendments budget, in a form approved by the City Attorney.
16. Pitch-In Countywide Cleanup Day (PW)
Motion to adopt a resolution declaring the second Saturday of May each year as “Santa Cruz County Cleanup Day.”
17. Active Transportation Plan Outreach Consulting – Award Contract (PW) Motion to award a contract to Ecology Action (Santa Cruz, CA) in the amount of $118,000 for outreach consulting for the Active Transportation Plan Update, and authorize and direct the City Manager to execute it in a form acceptable to the City Attorney.
18. Award Single Source Contract for the Installation of EV Charging Infrastructure for Medium/Heavy Duty Vehicles at the Corporation Yard - Budget Adjustment (PW)
Motion to:
1) Approve the Plans and Specifications for the installation of EV charging infrastructure at the Corporation Yard and authorize the City Manager to award and execute the Single Source construction contract to Cupertino Electric Inc (San Jose, CA) in the amount of $389,541.10 in a form acceptable to the City Attorney. The Director of Public Works is authorized to execute change orders within the approved budget; and
2) Adopt a resolution to amend the FY 2024 budget and appropriate funds in the amount of $197,000 for the Solar PV (photovoltaic) Expansion at the Corp Yard (c101901).
April 30, 2024 City Council 7
Consent Agenda (continued)
19. Scenic St Sewer Rehabilitation (c401511) – Notice of Completion (PW) Motion to accept the work of Golden State Construction & Utility, Inc. (San Francisco, CA) as completed per plans and specifications and authorize the filing of the Notice of Completion for the Scenic St Sewer Rehabilitation Project (c401511).
20. WWTF Southside Fence Replacement Project (m409659) – Notice of Completion (PW)
Motion to accept the work of Silicon Valley Paving (San Jose, CA) as completed per plans and specifications and authorize the filing of the Notice of Completion for the WWTF Southside Fence Replacement Project (m409659).
21. West Cliff Drive Bethany Curve Culvert (c402407) – Approval of Revised Plans and Specifications, Authorization to Award Contract, and Approval of California Environmental Quality Act (CEQA) Exemption (PW)
Motion to:
1) Approve the Plans and Specifications for the West Cliff Drive Bethany Curve Culvert Project (c402407) and authorize staff to award the contract. The City Manager is hereby authorized and directed to execute an agreement in a form approved by the City Attorney. The Director of Public Works is authorized to execute change orders within the approved project budget; and
2) Approve the West Cliff Drive Bethany Curve Culvert Project and find the project exempt under CEQA.
April 30, 2024 City Council 8
Consent Agenda (continued)
22. Right-of-Way Agreement for Newell Creek Pipeline Replacement Project – Felton to Graham Hill Water Treatment Plant: Evangelical Free Church of Felton APN 065-152-17 (WT)
Motion to adopt a resolution authorizing and directing the City Manager to execute a Right-of-Way Agreement, in a form approved the City Attorney, between the City of Santa Cruz and Evangelical Free Church of Felton for use of their parking lot located in Felton, CA near Graham Hill Road and Zayante Road, APN 065-152-17, for the Newell Creek Pipeline Replacement Project – Felton to Graham Hill Water Treatment Plant.
End Consent Agenda
Consent Public Hearings
23. 2024-2025 U.S. Department of Housing and Urban Development (HUD) Annual Action Plan and Amendment to the Citizen Participation Plan (EDH)
This item is continued to May 14, 2024 and will not be discussed.
24. 2nd Reading and Final Adoption of Ordinance No. 2024-08 CalPERS Contract Amendment (HR)
Motion to adopt Ordinance No. 2024-08 approving an amendment to the contract between the Board of Administration and California Public Employees' Retirement System (CalPERS) to provide a new local ocean beach lifeguard member category 2.7% at 57 full formula and Fourth Level of 1959 Survivor Benefits with 0% prior service.
April 30, 2024 City Council 9
General Business
25. 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; and
2) Adopt a resolution renewing Chapter 9.90 of the Santa Cruz Municipal Code (SCMC) pertaining to AB 481 Military Equipment.
Public Hearing
26. Public Hearing to Review the Updated 2023 Annual Compliance Report for the Delaware Addition Planned Development and Determination of Good Faith Compliance with the Material Terms of the Development Agreement and Conditions of Approval for the Proposed Lease of 100 and 400 Ingalls Alley to the University of California Santa Cruz (Environmental Determination: Not a Project/Exempt per
15061(b)(3)/Reuse of prior Environmental Impact Report) (PL) Motion to adopt a resolution acknowledging the environmental determination and finding that the applicant’s submittal is in good faith compliance with the material terms of the development agreement, with the following exception. Direct staff to process an Operating Memorandum to clarify conditions of approval and allow for affordable housing units consolidation so the owner can move forward with the amendments to the CC&Rs, lease of the units to the University, consolidation of the affordable housing units on Lot 21 of the Project (400 Ingalls Alley) in lieu of dispersing them over Lots 20 and 21 (100 and 400 Ingalls Alley), and recordation of an amended Affordable Housing Development Agreement.
April 30, 2024 City Council 10
General Business
27. Collective of Results Evidence-Based (CORE) Investments Update (CM) Motion to:
1) Accept and file staff report on the proposed Collective of Results and Evidence-based (CORE) Investments Program Request for Proposals (RFP) development and prioritization for the next funding cycle; 2) Consider options provided for Affordable Housing and Shelter, with staff recommendation to approve option #1;
3) Direct staff to carve out from competitive procurement any programs prioritized by the Council;
4) Direct staff to coordinate with the Human Services Department (HSD) to release the finalized version of the CORE RFP by June 3, 2024, including any additional direction from today’s hearing; and 5) Direct staff to report back no later than October 29, 2024, with a summary of the proposals received from the CORE RFP.
28. Consideration of a Purchase Sale Agreement Between the City of Santa Cruz (City) and the City of Scotts Valley for the City-owned Property Located at the Northwest Corner of Mount Hermon Road and Kings Village Road in the City of Scotts Valley, aka Skypark, APNs 022-721-07, 022-721-08, and 022-721-09 (EDH)
Motion to adopt a resolution authorizing and directing the City Manager to execute a Purchase Sale Agreement, along with modifications of a non-substantive or conforming nature, between the City of Santa Cruz and the City of Scotts Valley for the City-owned property located at the Northwest Corner of Mount Hermon Road and Kings Village Road in the City of Scotts Valley, in a form to be approved by the City Attorney, and authorizing the City Manager or his designee to take any further actions and execute any other related documents necessary to conclude the sale.
April 30, 2024 City Council 11
Public Hearing
29. 1130/1132 Mission Street: CP23-0103 (APN 006-203-24, -25) Appeal of the Planning Commission Approval of the Development Proposal at 1130/1132 Mission Street Involving Nonresidential Demolition Authorization Permit to Demolish Two Commercial Buildings, Boundary Adjustment to Combine Two Parcels, and a Design Permit, Special Use Permit, Watercourse Development Permit, and Heritage Tree Removal Permit to Construct a Five-Story Mixed-Use Building Consisting of 2,627 Square Feet of Ground Floor Commercial Space and 48 Single Room Occupancy (SRO) Residential Units Above. The Project also Includes a Request for Density Bonus Including Waivers to Exceed Building Height, Setbacks, and Floor Area Ratio (FAR), as Well as Proposes to Utilize AB2097 to Reduce On-Site Parking. The Parcels Are Both Located in the CC (Community Commercial)/MU-M (Mixed-Use Medium Density) Zone District and the Mission Street Overlay Zone. Environmental Determination: Categorical Exemption 15332, In-Fill Development Projects. Owner: Douglas Wallace. (PL)
Motion to adopt a resolution denying the appeal(s), thereby upholding the Planning Commission’s acknowledgment of the environmental determination (Categorical Exemption Section 15332, Class 32) and approval of the Nonresidential Demolition Authorization Permit; Boundary Adjustment; Density Bonus request, including waivers to exceed height and FAR and reduce setback requirements; and Design, Special Use, Watercourse Development Permits, and Heritage Tree Removal Permit, based on the findings listed in the draft Resolution and the Conditions of Approval attached as Exhibit “A.” Adjournment
April 30, 2024 City Council 12
INFORMATION ITEMS PREVIOUSLY DISTRIBUTED TO CITY COUNCILMEMBERS None issued.
MAYOR'S PROCLAMATIONS
ADDENDUM TO CITY COUNCIL AGENDA – APRIL 30, 2024
30. Proclaiming the month of April 2024 as “Parkinson’s Awareness Month” and encouraging all citizens to increase their understanding of the disease and to support people living with Parkinson’s.
31. Proclaiming the month of April 2024 as “Sexual Assault Awareness Month” and encouraging all residents to learn more about the causes and prevention of sexual assault.
32. Proclaiming the month of April 2024 as “Arts, Culture & Creativity Month” and encouraging all citizens to support the arts and join in this celebration.
33. Proclaiming April 14, 2024 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.
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.
County Latino Affairs Commission One opening – at-large nomination April 30, 2024 City Council 13
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.