CITY OF SANTA CRUZ
809 Center Street
Santa Cruz, California 95060
CITY COUNCIL AGENDA
Regular Meeting - May 28, 2024
Updated 5/24/2024 to add an attachment to item 26.
10:00 A.M. CLOSED SESSION, ZOOM/COURTYARD CONFERENCE ROOM 10:45 A.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
Or: Call any of the numbers below. If one is busy, try the next one. 1-833-548-0276 (Toll Free)
1-833-548-0282 (Toll Free)
1-877-853-5247 (Toll Free)
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, May 27th
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 26th by emailing the Mayor and the City Clerk.
Approval will be confirmed via email.
[email protected] [email protected]
May 28, 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.
May 28, 2024 City Council 3
Closed Session
10:00 AM
Statements of Disqualification
Closed Session
1. Conference With Legal Counsel – Liability Claims (Government Code §54956.95)
Claimant: Sentry Insurance
Claim against the City of Santa Cruz
2. Conference with Legal Counsel - Existing Litigation (Government Code §54956.9(d)(1))
City of Santa Cruz v. Chevron Corp. et al., (Sea Level Rise Litigation) (Santa Cruz County Superior Court Case No. 17CV03243)
(United States District Court, Northern District Case No. 18-cv-00458 LHK)
3. Conference with Legal Counsel – Anticipated Litigation (Government Code §54956.9(d)(2))
Significant exposure to litigation (one potential case to be discussed) May 28, 2024 City Council 4
City Council
10:45 AM
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. 2023 Commission for the Prevention of Violence Against Women and Santa Cruz Police Department Joint Annual Report
5. Beach Safety Week
The below presentation #6 will be heard at or around 4:00 p.m.
6. Outstanding Volunteer Recognition
Presiding Officer's Announcements
Statements of Disqualification
Additions and Deletions
City Attorney Report on Closed Session
May 28, 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 May 14, 2024 City Council Meeting (CC) Motion to approve as submitted.
9. Children’s Fund Advisory Committee Funding Recommendations for Use of Funding from FY 2020 through FY 2024
Motion to:
1) Approve the Children’s Fund Oversight Ad Hoc Subcommittee funding recommendation for the allocation of the FY 2020, FY 2022, FY 2023 and FY 2024 funds in the amount of $741,409; and
2) Allocate $10,000 from the Children’s Fund for community outreach.
10. METRO Transit Center Interim Operations Plan (h512307) – Notice of Completion (EDH)
Motion to accept the work of Downtown Santa Cruz Developer LLC (Hayward, CA) as completed per the plans and specifications and authorize the filing of the Notice of Completion for the Santa Cruz Metropolitan Transit District (METRO) Transit Center Interim Operations Plan.
11. First Amendment to the Lease Agreement with Bonnie’s Gifts (EDH) Motion to authorize the City Manager to execute the First Amendment to the Lease Agreement with Bonnie’s Gifts, extending the term for five (5) years with one five (5) year extension option and other minor modifications.
May 28, 2024 City Council 6
Consent Agenda (continued)
12. Cooperative Retail Management Business Real Property Improvement District Assessments for FY 2025 (EDH)
Motion to:
1) Approve the FY 2024 Annual Report and FY 2025 Plan prepared by the Downtown Management Corporation; and
2) Adopt the Resolution of Intention to levy a Cooperative Retail Management Business Real Property Improvement District Assessment for FY 2025 and schedule a public hearing for June 11, 2024 on the levy of the assessments for FY 2025.
13. Downtown Association: Parking and Business Improvement Area Assessments for FY 2025 (EDH)
Motion to:
1) Approve the annual report and work plan prepared by the Downtown Association for FY 2025; and
2) Adopt a Resolution of Intention to levy a Downtown Association Parking and Business Improvement Assessment for FY 2025 and schedule a public hearing for June 11, 2024 on the levy of the assessments for FY 2025.
14. Award Contract for Sergeant Derby Park Playground - Environmental Clearance: Exempt - Section 15301, Existing Facilities; Section 15302, Replacement or Reconstruction; Section 15303, New Construction or Conversion of New Structures; and Section 15304, Minor Alterations of Land (PR)
Motion to find that the project is exempt under CEQA, award a contract for the purchase of Sergeant Derby Park Playground Equipment to Landscape Structures, Inc. (Delano, MN) in the amount of $139,254.38, and authorize the City Manager to execute a cooperative purchasing agreement in a form approved by the City Attorney.
May 28, 2024 City Council 7
Consent Agenda (continued)
15. 2024 Pavement Rehabilitation Project (c400809) – Authorization to Advertise and Award (PW)
Motion to:
1) Approve the plans and specifications for the 2024 Pavement Rehabilitation Project (c400809), authorize staff to advertise for bids and 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;
2) Adopt a resolution to approve the plans and specifications for the project pursuant to Government Code Section 830.6; and
3) Approve the 2024 Pavement Rehabilitation Project and find the project exempt under the California Environmental Quality Act.
16. Award Contract for Construction Management Services for the Wastewater Treatment Facility Headworks Rehabilitation Project (PW) Motion to award a contract to Kennedy/Jenks Consultants, Inc. (Santa Clara, CA) for Construction Management Services for the Wastewater Treatment Facility Headworks Rehabilitation Project in the amount of $1,653,104 and reject all other proposals. The City Manager is hereby authorized and directed to execute an agreement in a form approved by the City Attorney. The City Manager is authorized to execute contract amendments within the approved project budget.
17. Outside Repair Services to Citywide Assets – Budget Adjustment (PW) Motion to adopt a resolution to amend the FY 2024 budget to appropriate funds in the amount for $400,000 for outside repair services for Citywide assets.
18. Adjustment of the City of Santa Cruz Water Department Miscellaneous Fees (WT)
Motion to adopt a resolution adjusting the City of Santa Cruz Water Department’s miscellaneous fees for services due to labor cost increases and rescinding Resolution No. NS-30,181.
May 28, 2024 City Council 8
Consent Agenda (continued)
19. 2024 Well Rehabilitation Project – Approval of Plans and Specifications, California Environmental Quality Act Exemption, and Authorization to Advertise for Bids and Award of Contract (WT)
Motion to:
1) Approve the plans and specifications for the 2024 Well Rehabilitation Project (c702501) and authorize staff to advertise for bids. The City Manager is hereby authorized and directed to execute the contract as authorized by Resolution No. NS-27,563; and authorize the Water Director to execute change orders within the approved project budget; and
2) Find the 2024 Well Rehabilitation Project exempt under the California Environmental Quality Act (CEQA), allowing staff to file a Notice of Exemption.
20. U4 Tank Replacement Project – Award of Professional Engineering Services During Construction to Mesiti-Miller Engineering Inc. (WT) Motion authorizing the City Manager to execute an agreement in a form to be approved by the City Attorney with Mesiti-Miller Engineering Inc. (Santa Cruz, CA) for Professional Engineering Services during Construction for the U4 Tank Replacement Project in the amount of $432,075 and to authorize the Water Director to execute future contract amendments within the approved project budget.
21. Purchase of Real Property Necessary for Brackney Landslide Area Pipeline Risk Reduction Project: Assessor’s Parcel Number 072-144-30, Owned by Karlheinz Schaaf Trust (WT)
Motion to adopt a resolution authorizing and directing the City Manager or his designee to execute a Purchase Sale Agreement between the City of Santa Cruz and Karlheinz Schaaf Trust for the easements located in Ben Lomond, CA near Highway 9 between Glen Arbor Road and Brackney Road for a permanent easement and a temporary easement on APN 072-144-30 for the Brackney Landslide Area Pipeline Risk Reduction Project.
May 28, 2024 City Council 9
Consent Agenda (continued)
22. Purchase of Real Property Necessary for the Regional Drought Resiliency Project – Intertie 1 (c702205): Multiple Properties, Assessor’s Parcel Numbers 067-202-66 owned by the Yates Family Trust and 021- 141-20 owned by the Scotts Valley Fire District and Approval of Plans and Specifications and Authorization to Advertise for Bids and Award Contract (WT)
Motion to:
1) Adopt a resolution authorizing and directing the City Manager or his designee to execute a Purchase Sale Agreement, in form approved by the City Attorney, between the City of Santa Cruz and Nichole and Craig Yates for Permanent and Temporary Easements on APN 067-202- 66 located in Santa Cruz, CA near Sims Road and Firehouse Lane for the Regional Drought Resiliency – Intertie Project;
2) Adopt a resolution authorizing and directing the City Manager or his designee to execute a Purchase Sale Agreement, in form approved by the City Attorney, between the City of Santa Cruz and Scotts Valley Fire District (SVFD) for a Permanent Easement on APN 021-141-20 located in Scotts Valley, CA near La Madrona Drive and Altenitas Road for the Regional Drought Resiliency – Intertie Project; and 3) Approve the plans and specifications for the Regional Drought Resiliency Project – Intertie 1(c702205) and authorize staff to advertise for bids. The City Manager, or designee, is hereby authorized and directed to execute the contract as authorized by Resolution No. NS27,563; and authorize the Water Director to execute change orders for the Regional Drought Resiliency Project – Intertie 1 (c702205) for amounts that are within the approved project budget.
End Consent Agenda
May 28, 2024 City Council 10
General Business
23. Report on Council Compensation and Staffing Study (CM) Motion to receive and approve a report regarding Council compensation and staffing in comparable cities to Santa Cruz.
24. FY 2025 Proposed Budget
Conduct the Fiscal Year (FY) 2025 Budget Hearings, receive information from staff for the City’s requested budget across all departments and the Capital Investment Program, and provide feedback for preparation of the FY 2025 Adopted Budget.
The proposed Fiscal Year 2025 Budget can be found here:
https://www.cityofsantacruz.com/government/citydepartments/finance/city-budget/fiscal-year-2025-budget
25. Independent Police Auditor Report (CM)
Receive the annual report from the City’s Independent Police Auditor, OIR Group.
May 28, 2024 City Council 11
The below item was updated to add an attachment.
Public Hearing
Please note, for item 26:
This item will be heard at a time-certain of 5:30 PM. This item will be heard in the following order:
Appellant #1 (Ian and Natasha Guy) presentation (20 min.) Appellant #2 (Laurel and Cleveland Area Neighbors) presentation (20 min.) Applicant presentation (20 min.)
Council questions
Public Comment (1.5 min. per speaker)
Appellant #1 rebuttal to applicant presentation and public comment. No new information may be brought forward during this time. (5 min.) Appellant #2 rebuttal to applicant presentation and public comment. No new information may be brought forward during this time. (5 min.)
26. 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)
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.” May 28, 2024 City Council 12
Adjournment
INFORMATION ITEMS PREVIOUSLY DISTRIBUTED TO CITY COUNCILMEMBERS None issued.
MAYOR'S PROCLAMATIONS
ADDENDUM TO CITY COUNCIL AGENDA – MAY 28, 2024
27. Proclaiming the week of May 19–25, 2024 as “National Public Works Week” and urging all citizens to join me and representatives of the American Public Works Association and government agencies in activities, events, and ceremonies designed to pay tribute to our public works professionals, engineers, managers, and employees and to recognize the substantial contributions that they make to protecting our national health and safety and advancing quality of life for all.
28. Proclaiming May 18-24, 2024 as “Safe Boating Week” and the start of the year-round effort to promote safe boating and encouraging all citizens to join in supporting the goals of the North American Safe Boating Campaign (Wear It) and urging those who boat to “Wear It!” and practice safe boating habits throughout the year.
29. Proclaiming the month of May 2024 as “ALS Awareness Month” and encouraging all citizens to join in supporting ALS research, advocating for increased funding, and standing with those affected by this relentless disease.
30. Proclaiming May 26, 2024 as “Julie James Day” and encouraging all citizens to join in recognizing her 20 years of providing outstanding live theater in Santa Cruz.
May 28, 2024 City Council 13
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 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.