CITY OF SANTA CRUZ
809 Center Street
Santa Cruz, California 95060
CITY COUNCIL AGENDA
Regular Meeting - August 13, 2024
1:30 P.M. CLOSED SESSION, ZOOM/COURTYARD CONFERENCE ROOM 3:15 P.M. ORAL COMMUNICATIONS, CONSENT, GENERAL BUSINESS AND PUBLIC
HEARINGS, ZOOM/COUNCIL CHAMBERS
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Correspondence to be included in the agenda packet must be received by 5:00 pm on Monday, August 12th
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, August 11th by emailing the Mayor and the City Clerk.
Approval will be confirmed via email.
[email protected] [email protected]
August 13, 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. 1:30 PM
Statements of Disqualification
Closed Session
1. Conference with Legal Counsel – Liability Claims (Government Code §54956.95)
1) Claimant: Viet Huong Vo
2) Claimant: Geico Insurance Company
Claims against the City of Santa Cruz
2. Real Property Negotiations (Government Code §54956.8) Property: 37 Municipal Wharf
APN: 007-341-03
Owner: Stagnaro Fish Corporation (c/o Dino Stagnaro) dba Gilda’s City Negotiator: Bonnie Lipscomb
Negotiating Parties: City of Santa Cruz and Stagnaro Fish Corporation Under Negotiation: Price, terms of payment, or both
August 13, 2024 City Council 3
Closed Session (continued)
3. Conference with Legal Counsel – Anticipated Litigation (Government Code §54956.9(d)(4))
Initiation of litigation (one potential case to be discussed)
4. Conference with Legal Counsel – Anticipated Litigation (Government Code §54956.9(d)(2))
Significant exposure to litigation (one potential case to be discussed) August 13, 2024 City Council 4
City Council
3:15 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
Presiding Officer's Announcements
Statements of Disqualification
Additions and Deletions
City Attorney Report on Closed Session
Council Meeting Calendar
5. The City Council will review the meeting calendar attached to the agenda and revise it as necessary.
Consent Agenda
6. 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.
August 13, 2024 City Council 5
Consent Agenda (continued)
7. Minutes of the June 25, 2024 City Council Meeting (CC) Motion to approve as submitted.
8. Minutes of the August 6, 2024 City Council Study Session (CC) Motion to approve as submitted.
9. Resolution Amending the 2024 Council Meeting Calendar (CC) Resolution amending the 2024 Council meeting calendar to cancel the November 12th and 26th regular meetings and add November 19th as a regular meeting, and rescinding Resolution No. NS-30,235.
10. Review and Amendment of the City’s Conflict of Interest Code (CC) Motion to adopt a resolution amending the current Conflict of Interest Code.
11. Federal Highways Administration Charging and Fueling Infrastructure Discretionary Grant Community Program. Authorization to Submit a Grant Application for the Monterey Bay Region Equitable EV Charging Project Grant (CM)
Motion to adopt a resolution authorizing the City Manager to apply for, accept, and appropriate funds from the Federal Highways Administration Charging and Fueling Infrastructure Discretionary Grant Community Program as lead and co-applicant for installation of publicly available level 2 and DC fast charging at City-owned facilities.
12. California Ocean Protection Council (OPC) Senate Bill (SB) 1 Grant Program: Approval to Execute Grant Funds to Develop a Resilient Coast Santa Cruz 2.0: Shoreline Adaptation Blueprint (CM)
Motion to adopt a resolution approving the execution of grant funds from the Ocean Protection Council under the SB 1 Grant Program funded through California's Greenhouse Gas Reduction Fund and General Fund to develop three Shoreline Adaptation Blueprints along the City of Santa Cruz’ coastline.
August 13, 2024 City Council 6
Consent Agenda (continued)
13. Criminal Justice Council of Santa Cruz County (CM)
Motion authorizing the City Manager to sign the third amendment to the Joint Exercise of Powers Agreement for the Criminal Justice Council (CJC) of Santa Cruz County to extend City of Santa Cruz participation for a one-year term through June 30, 2025.
14. Liability Claims Filed Against the City of Santa Cruz (FN) Motion to reject the liability claim of 1) Viet Huong Vo, and to return as late, the claim of 2) Geico Insurance Company, based on staff recommendation.
15. Professional Services Agreement for a Facilities Condition Assessment (PR)
Motion to approve and authorize the City Manager to execute a Professional Services Agreement with Bureau Veritas Technical Assessments LLC, in a form approved by the City Attorney, for professional services not to exceed $150,000 over a two-year term. The Director of Parks and Recreation is authorized to execute contract amendments and change orders within the approved project budget (c302301).
16. Main Beach Public Restroom Renovation Project (c301913) – Notice of Completion (PR)
Motion to accept the work of CWS Construction Group, Inc. (Novato, CA) as completed per plans and specifications and authorize the filing of the Notice of Completion for the Main Beach Public Restroom Renovation Project (c301913)
August 13, 2024 City Council 7
Consent Agenda (continued)
17. 2024 Wharf Repair Project – 1st Amendment for Engineering Services and Budget Adjustment (PR)
Motion to:
1) Approve and authorize the City Manager to execute a first amendment to the Professional Services Agreement with Moffatt & Nichol for Engineering Services in the amount of $80,300 for the 2024 Wharf Repair Project, in a form approved by the City Attorney. The Director of Parks and Recreation is authorized to execute contract amendments within the approved project budgets;
2) Adopt a resolution amending the FY 2024 budget to increase the revenue and expenditure budgets for the December 2023 Wharf Storm Damage Repair Project (e302402) by the amount of $2,069,371.51; and 3) Adopt a resolution amending the FY 2024 budget to increase the revenue and expenditure budgets for the February 2024 Wharf Storm Damage Repair Project (e302403) by the amount of $1,481,324.93.
18. Pogonip Nature Loop Trail Encampment Clean-up Contract (PW/CM) Motion to approve refuse collection and encampment clean-up work in the Pogonip through a Single Source agreement with Kenny Robinson Construction in an amount not to exceed $140,000. The Public Works Director is authorized to execute change orders within the approved project budget.
19. Caterpillar 299D3 XE Compact Track Loader Purchase (PW) Motion to approve the purchase from the Refuse Fund of one (1) Caterpillar 299D3 XE Compact Track Loader, one (1) MB L160 S2 Crusher Bucket attachment, and one (1) Hydraulic Hammer attachment in the amount of $199,513.51 from Peterson Tractor Co. (San Leandro, CA).
August 13, 2024 City Council 8
Consent Agenda (continued)
20. 733 River St. Post-Demolition Paving (c102303) – Notice of Completion (PW)
Motion to accept the work of Atlantis Paving & Grading (Scotts Valley, CA) as completed per the plans and specifications and authorize filing the Notice of Completion for the 733 River Street Post-Demolition Paving Project and authorizing the Public Works Director to sign the Notice of Completion as the Owner’s Authorized Agent.
21. Award Contract for Bay Drive Protected Bike Lanes and Pedestrian Path Design Phase (c402304) (PW)
Motion to award a contract to Mark Thomas & Company (San Jose, CA) for Bay Drive Protected Bike Lanes and Path Design Phase in the amount of $449,928 and reject all other proposals and to authorize the City Manager to execute an agreement in a form approved by the City Attorney. The Director of Public Works is authorized to execute amendments within the approved project budget.
22. Digester Gas Piping Rehabilitation Project (m409659) – Notice of Completion (PW)
Motion to accept the work of MBS Engineering, Inc. (San Ramon, CA) as completed per plans and specifications and authorize the filing of the Notice of Completion for the Digester Gas Piping Rehabilitation Project (m409659) and authorizing the Public Works Director to sign the Notice of Completion as the Owner’s Authorized Agent.
23. Ocean Street Pavement Rehabilitation Project (c400809) – Notice of Completion (PW)
Motion to accept the work of Granite Rock, Inc. (Watsonville, CA) as completed per the plans and specifications and authorize filing the Notice of Completion for the Ocean Street Pavement Rehabilitation Project (c400809) and authorizing the Public Works Director to sign the Notice of Completion as the Owner’s Authorized Agent.
August 13, 2024 City Council 9
Consent Agenda (continued)
24. Pacific Beach Roundabout Enhancements (c402507) – Professional Services Agreement (PW)
Motion to award a contract to RRM Design Group for professional services in the amount of $139,852 and to authorize the City Manager to execute an agreement in a form approved by the City Attorney and authorize the Director of Public Works to execute amendments within the approved project budget.
25. Resource Recovery Facility Enclosed Flare Installation Project (c402512) – Contract Amendment No. 7 and Budget Adjustment (PW) Motion to:
1) Authorize the City Manager to execute Contract Amendment No.7 with Tetra Tech BAS for engineering services for the Resource Recovery Facility Enclosed Flare Installation Project (c402512) in the amount of $1,785,870 in a form approved by City Attorney. The Public Works Director is authorized to execute future amendments within the approved project budget; and
2) Adopt a resolution to amend the FY 2025 budget and appropriate funds in the amount of $350,000 for the Resource Recovery Facility Enclosed Flare Installation Project (c402512).
26. Dufour Street and Seaside Street Intersection Improvements - Approval of Plans and Environmental Determination (PW)
Motion to:
1) Adopt a resolution modifying the intersection of Dufour Street and Seaside Street to a four-way stop and rescinding Resolution No. NS30,326; 2) Adopt a resolution approving the plans for the four-way stop at Dufour Street and Seaside Street pursuant to Government Code Section 830.6; and
3) Find the intersection improvements at Dufour Street and Seaside Street Categorical Exempt under CEQA Guidelines 14 CCR Section 15301(c).
August 13, 2024 City Council 10
Consent Agenda (continued)
27. West Cliff Drive Stabilization Project (c401501) – Authorization to Accept Funds for Disaster Recovery and Resilience Support (PW) Resolution authorizing the City Manager to accept funds from the California Natural Resources Agency for support of repairs and improvements to the West Cliff Drive Stabilization Project (c401501).
28. Beltz 12 Phase 1 Ammonia Removal Improvements Project (c702203) – Notice of Completion (WT)
Motion to accept the work of the Don Chapin Company, Inc (Salinas, CA) as completed per plans and specifications and authorizing the filing of a Notice of Completion for the Beltz 12 Phase 1 Ammonia Removal Improvements Project (c702203) and to authorize the Water Director to sign the Notice of Completion as the Owner’s Authorized Agent.
29. Regional Drought Resiliency Project – Intertie 1 (c702205) – Bid Withdrawal and Award to Second Lowest Bidder (WT)
Motion to:
1) Accept the bid withdrawal of the apparent low bidder, Monterey Peninsula Engineering Inc. (Monterey, CA), for the Regional Drought Resiliency Project – Intertie 1 (c702205), without forfeiting its bid security on the basis that a material and clerical error was made in assembling the bid, as provided in Section 5101 and 5103 of the California Public Contract Code; and
2) Award the construction contract for the Regional Drought Resiliency Project – Intertie 1 (c702205) to the second lowest bidder, Pacific Underground Construction Inc. (San Jose, CA), in the amount of $8,758,750 including construction contingency.
End Consent Agenda
August 13, 2024 City Council 11
Public Hearing
30. Municipal Code Amendments to Chapter 24.12 Relating to Historic Variations Responding to Modifications Requested by the California Coastal Commission. Location: Citywide. CEQA: Exempt 15061(b)(3) (PL)
Motion to:
1) Adopt a resolution acknowledging receipt of the resolution of certification from the California Coastal Commission including the suggested modifications; and
2) Introduce for publication an ordinance finding that the project is exempt under the California Environmental Quality Act (CEQA) and amending parts of Chapter 24.12 of the Santa Cruz Municipal Code (SCMC) related to Historic Variations in response to action by the California Coastal Commission.
August 13, 2024 City Council 12
General Business
31. Ordinance Amending Municipal Code Chapter 24.10 and Sections
24.12.190, 24.12.290, and 24.12.1108 and Adding New Sections
24.10.2342 and 24.12.191 to Streamline Permitting and Establish Standards for Private Property Outdoor Seating Associated with Eating and/or Drinking Establishments. Chapters 24.10 and 24.12 are Part of the Local Coastal Program Implementation Plan (LCP IP) and Will Require Approval by the California Coastal Commission Prior to Taking Effect Inside the Coastal Zone, and Ordinance Amending Uncodified Ordinance No. 2020-27 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 May 31, 2025, to July 1, 2026. (CEQA: Exempt Pursuant to CEQA Guidelines Section 15061(b)(3) as a Project that with Certainty Does Not Have an Effect on the Environment and Section 15183 as a Project Consistent with the General Plan for which an EIR Was Certified.) (PL/EDH)
Motion to:
1) Acknowledge the environmental determination and introduce for publication an ordinance amending Chapter 24.10 and Sections
24.12.190, 24.12,290, and 24.12.1108, and adding Sections 24.10.2342 and 24.12.191 to streamline permitting for private property outdoor seating areas for eating and drinking establishments.
2) Acknowledge the environmental determination and introduce for publication an ordinance amending uncodified Ordinance No. 2020-27 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 May 31, 2025, to July 1, 2026.
Adjournment
August 13, 2024 City Council 13
INFORMATION ITEMS PREVIOUSLY DISTRIBUTED TO CITY COUNCILMEMBERS ADDENDUM TO CITY COUNCIL AGENDA – August 13, 2024
32. City Manager: Quarterly Grant Report – Fiscal Year 2024 as of March 31, 2024 - 8/1/24 (CMFYI 268)
33. Library: Incident Report – Santa Cruz Public Library – 4th Quarter 2023- 2024 - 7/30/24 (LBFYI 019)
MAYOR'S PROCLAMATIONS
ADDENDUM TO CITY COUNCIL AGENDA – AUGUST 13, 2024
34. Proclaiming Sunday, June 28, 2024 as “Santa Cruz Rotary Club President Angelo DeBernardo Day” and encouraging all citizens to join in celebrating his service to the community of Santa Cruz, California, and its tradition of doing so with fun and fellowship.
35. Proclaiming July 4–8, 2024 as “West Coast Dowsing Days” and urging all citizens to get out their pendulums and dowsing rods.
36. Proclaiming Saturday, July 13, 2024 as “Shared Adventures Day” and urging all citizens to join in expressing heartfelt appreciation for its contributions to the disabled population and the Santa Cruz community.
37. Proclaiming August 3, 2024 as “Stuff the Bus Day” and encouraging all citizens to join in supporting this vital initiative; recognizing the outstanding contributions of United Way of Santa Cruz County, the Santa Cruz County Office of Education, local businesses, community volunteers, and donors; and expressing heartfelt gratitude for their leadership in fostering educational success and community well-being.
August 13, 2024 City Council 14
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 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.