CITY OF SANTA CRUZ
809 Center Street
Santa Cruz, California 95060
CITY COUNCIL AGENDA
Regular Meeting - May 14, 2024
12:00 P.M. CLOSED SESSION, ZOOM/COURTYARD CONFERENCE ROOM 1:00 P.M. ORAL COMMUNICATIONS, CONSENT, CONSENT PUBLIC HEARING,
GENERAL BUSINESS AND PUBLIC HEARING, 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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Enter the meeting ID number: 946 8440 1344
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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, May 13th
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, May 12th by emailing the Mayor and the City Clerk.
Approval will be confirmed via email.
[email protected] [email protected]
May 14, 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
Statements of Disqualification
Closed Session
1. Conference With Legal Counsel – Liability Claims (Government Code §54956.95)
Claimant: Nationwide Mutual Insurance Company
Claim against the City of Santa Cruz
May 14, 2024 City Council 3
Closed Session (continued)
2. Real Property Negotiations (Government Code §54956.8) 1) Property: 49A Municipal Wharf
APN: 007-361-01
Owner: Barking Lion
City Negotiator: Bonnie Lipscomb
Negotiating Parties: City of Santa Cruz and Peter Drobac dba Makai (AKA Barking Lion)
Under Negotiation: Price, terms of payment, or both
2) Property: 37 Municipal Wharf
APN: 007-341-03
Owner: Charles Maier
City Negotiator: Bonnie Lipscomb
Negotiating Parties: City of Santa Cruz and Charles Maier dba Gilda’s Under Negotiation: Price, terms of payment, or both
3) Property: 744 and 808 River Street
APNs: 008-163-06 and 008-172-08
Owner: City of Santa Cruz
City Negotiator: Bonnie Lipscomb
Negotiating Parties: City of Santa Cruz and Reed and Rusty Santee Under Negotiation: Price, terms of payment, or both
3. Conference with Legal Counsel – Anticipated Litigation (Government Code §54956.9(d)(2))
Significant exposure to litigation (one potential case to be discussed) May 14, 2024 City Council 4
City Council
1:00 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
4. Mayoral Proclamation Declaring May 19 - May 25, 2024, as National Public Works Week
The below presentation item 5 will be heard at or around 4:00 p.m.
5. Hans Christian Andersen Contest Awards
The below presentation item 6 will be heard at or around 4:15 p.m.
6. Junior Guards Biarritz Delegation Send Off
Presiding Officer's Announcements
Statements of Disqualification
Additions and Deletions
City Attorney Report on Closed Session
May 14, 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. Minutes of the April 30, 2024 City Council Meeting (CC) Motion to approve as submitted.
9. Award Contract for Local Hazard Mitigation and Climate Adaptation Plan Integration and Update (CM)
Motion to award the contract for Local Hazard Mitigation and Climate Adaptation Plan Integration and Update services in an amount of $145,510 to AECOM Technical Services, Inc. (AECOM) and authorize the City Manager to execute an agreement with AECOM in a form to be approved by the City Attorney.
10. California Energy Commission Local Government Building Decarbonization Challenge – Authorization to Submit a Grant Proposal to Complete a Municipal Building Decarbonization Roadmap (CM) Resolution authorizing the City Manager to apply for funds from the California Energy Commission Local Government Building
Decarbonization Challenge to complete a Municipal Building Decarbonization Roadmap and associated activities.
11. Pacific Gas and Electric’s Microgrid Incentive Program – Authorization to Submit an Application Development Grant to Complete a Microgrid Feasibility Study and Develop a Microgrid Project for Implementation (CM)
Resolution authorizing the City Manager to apply for funds from the Pacific Gas and Electric’s Microgrid Incentive Program to complete a microgrid feasibility study and develop a microgrid project for implementation.
May 14, 2024 City Council 6
Consent Agenda (continued)
12. Amendment to Lease Agreement with Central Home Supply to Extend the Term by One Year, to March 2, 2025 (EDH)
Motion authorizing the City Manager to execute an amendment, and any non-substantive changes for the amendment, to the Lease Agreement with Santee Corporation dba Central Home Supply, providing a one-year extension of the lease term for the property located at 744 and 808 River Street, in a form approved by the City Attorney.
13. Liability Claim Filed Against the City of Santa Cruz (FN) Motion to reject the liability claim of 1) Nationwide Mutual Insurance Company, based on staff recommendation.
14. Community Tree Service Contract Change Order (41-24061) (PR) Motion to approve the Community Tree Service contract change order for emergency tree service work related to the FY 2024 winter storms (Contract number: 41-24061).
15. Intersection Improvements at Coral Street and Limekiln Street (m401412) CEQA: Exempt 15301 Existing Facilities (PW)
Motion to:
1) Approve the project plans and specifications for the intersection improvements at Coral Street and Limekiln Street (m401412) and authorize staff to award the contract;
2) Adopt a resolution that modifies the intersection of Coral Street and Limekiln Street to a three-way stop and rescind Resolution No. NS29,780; 3) Adopt a resolution to approve the plans and specifications for the Intersection Improvements at Coral Street and Limekiln Street pursuant to Government Code Section 830.6; and
4) Find the Intersection Improvements at Coral Street and Limekiln Street Categorical Exempt under CEQA Guidelines 14 CCR section 15301(c).
May 14, 2024 City Council 7
Consent Agenda (continued)
16. FY 2025 Funding for Senate Bill 1 Road Maintenance and Rehabilitation Account (RMRA) (PW)
Motion to adopt a resolution approving the FY 2025 allocation of SB 1 Road Maintenance and Rehabilitation Account funds and authorizing the City Manager to submit the project list to the California Transportation Commission.
17. Contract Renewal with Hope Services, Inc. for the Resource Recovery Facility (PW)
Motion to authorize and direct the City Manager to execute the renewal of an agreement with Hope Services, Inc. (Santa Cruz, CA) for recycling and litter control services at the City’s Resource Recovery Facility on Dimeo Lane.
18. 3rd Quarter FY 2024 Water Department Capital Investment Program Transfer – Budget Adjustment (WT)
Motion to adopt a resolution amending the FY 2024 budget and transferring budget appropriations within the Water Department Capital Investment Program (CIP) to update various project budgets with current cost forecasts.
19. Newell Creek Dam Inlet/Outlet Replacement Project – Notice of Completion (WT)
Motion to accept the work of Obayashi Corporation (Burlingame, CA) as complete per plans and specifications, authorizing the filing of a Notice of Completion for the Newell Creek Dam Inlet/Outlet Replacement Project and authorizing the Water Director to sign the Notice of Completion as the Owner’s Authorized Agent.
End Consent Agenda
May 14, 2024 City Council 8
Consent Public Hearing
20. 2024-2025 U.S. Department of Housing and Urban Development (HUD) Annual Action Plan and Amendment to the Citizen Participation Plan (EDH)
Motion to:
1) Adopt a resolution for the City’s 2024-2025 HUD Annual Action Plan (AAP) and amendments to the Citizen Participation Plan for the City’s Housing and Community Development Program, direct staff to submit the 2024-2025 AAP to HUD, and authorize the City Manager to sign an application for federal funding assistance for the 2024-2025 program year; and
2) Authorize the City Manager to execute program/project contracts, loan and grant agreements and related loan documents with Community Development Block Grant (CDBG) and HOME Investment Partnerships Program (HOME) sub-recipients and contractors in connection with Consolidated Plan (CP) activities proposed in the 2024- 2025 Action Plan and any subsequent revisions to the 2024-2025 Action Plan.
General Business
21. City Council Cannabis Subcommittee Report on Safety, Taxes, and Separations from Other Uses (CN)
Provide direction to staff to initiate the process to update specified cannabis regulations.
22. Downtown Library and Affordable Housing Development Project Ground Lease Authorization for 119 Lincoln Street and 113 Lincoln Street, and Project Update (EDH)
Motion to adopt a resolution ratifying the Amended and Restated Option to Lease Agreement, authorizing the City Manager to enter into lease(s) once terms of the Option Agreement have been satisfied by the developer; and authorizing the Economic Development and Housing Director to execute any amendments or documents needed thereto of a non-substantive nature, in forms approved by the City Attorney, for real property located at 119 Lincoln Street (APN 005-141-21) and 113 Lincoln Street (APN 005-141-11) between the City of Santa Cruz and DTLMU Investors, L.P. (a California Limited Partnership), and/or or its affiliate(s), for the previously approved Downtown Library Affordable Housing Project (DLAHP).
May 14, 2024 City Council 9
General Business (continued)
23. Resolution to Authorize the Agreement Between the City of Santa Cruz Water Department and Wells Fargo Bank for a $25 Million Line of Credit (WT)
Motion to:
1) Adopt a resolution authorizing the borrowing of an amount not to exceed $25,000,000 from Wells Fargo Municipal Capital Strategies, LLC under a Revolving Line of Credit agreement and approving related financing documents and official actions, and
2) Direct and authorize the City Manager to execute documents in forms approved by the City Attorney.
24. Santa Cruz Museum of Natural History Building Improvement Community Process (PR)
Motion to:
1) Consider and support the initiation of a public process led by the Parks and Recreation Department and Santa Cruz Museum of Natural History (Museum) related to facility improvements of the Museum, and 2) Authorize the City Manager to enter into an agreement, in a form approved by the City Attorney, with the Museum to define process roles and responsibilities for community outreach and design.
May 14, 2024 City Council 10
Public Hearing
The below item will be heard at a time-certain of 5:30 PM
25. 1129 Mission Street: CP23-0106 (APN 006-493-27) Appeal of the Planning Commission Approval of an Administrative Use Permit to Establish a Cannabis Retail Facility on a Parcel in the MU-M (Mixed-Use Medium Density) Zone District and within the Mission Street Urban Design Plan. Environmental Determination: Categorical Exemption 15301, Existing Facilities. Applicant: Bryce Berryessa. (PL) Motion for the City Council to consider the information provided and make a determination to:
1) Adopt a resolution denying the appeal, recognizing the environmental determination, and upholding the Planning Commission’s decision to approve the Administrative Use Permit to establish a cannabis retail facility at 1129 Mission Street; OR
2) Adopt a resolution upholding the appeal and denying the Administrative Use Permit to establish a cannabis retail facility at 1129 Mission Street.
Adjournment
May 14, 2024 City Council 11
INFORMATION ITEMS PREVIOUSLY DISTRIBUTED TO CITY COUNCILMEMBERS ADDENDUM TO CITY COUNCIL AGENDA – MAY 14, 2024
26. Library: Incident Report – Santa Cruz Public Library 3rd Quarter 2023– 2024 - 5/2/24 (LBFYI 018)
27. City Manager’s Office: Quarterly Grant Report – Fiscal Year 2024 as of December 31, 2023 - 5/4/24 (CMFYI 267)
MAYOR'S PROCLAMATIONS
ADDENDUM TO CITY COUNCIL AGENDA – MAY 14, 2024
28. Proclaiming Saturday, May 4, 2024 as “Wildfire Community Preparedness Day” and encouraging all citizens to join in saying “thank you” to the Prospect Heights and Highland Firewise communities for their dedicated service to our community.
29. Proclaiming the week of May 5–11, 2024 as “Professional Municipal Clerks Week” in recognition of the exemplary dedication to public service and extending appreciation to our City Clerk Bonnie Bush, Deputy City Clerk Julia Wood, and the staff of the City of Santa Cruz City Clerk’s Office.
30. Proclaiming the month of May 2024 as “Affordable Housing Month,” along with other local leaders in the greater San Francisco and Monterey Bay area regions.
31. Proclaiming May 8, 2024 as “Be the Difference Day” in gratitude for the Be the Difference honorees.
32. Proclaiming the month of May 2024 as “Giant Dipper Month” and inviting the community to join in celebrating this historic attraction and a century of thrills—100 years of unforgettable twists and turns.
May 14, 2024 City Council 12
MAYOR'S PROCLAMATIONS (continued)
33. Proclaiming Friday, May 10, 2024 as “Provider Appreciation Day” and urging all citizens to recognize child care providers for their important work and how valuable they are for our communities.
34. Proclaiming the month of May 2024 as “Historic Preservation Month” and joining the Historic Preservation Commission in calling upon all residents to honor “people saving places” and celebrate Santa Cruz’ rich historical and cultural heritage.
35. Proclaiming the week of May 12–18, 2024 as “National Police Week” and encouraging all citizens to observe the week with law enforcement officers, past and present, who, by their faithful and loyal devotion to their responsibilities, have rendered a dedicated service to their communities, and proclaiming May 15, 2024 as “National Peace Officers’ Memorial Day” in honor of those law enforcement officers who, through their courageous deeds, have made the ultimate sacrifice in service to their community or have become disabled in the performance of duty.
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.
Arts Commission One opening, to be appointed by Mayor Keeley County Latino Affairs Commission One opening – at-large nomination May 14, 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.