CITY OF SANTA CRUZ
809 Center Street
Santa Cruz, California 95060
CITY COUNCIL AGENDA
Regular Meeting - September 10, 2024
10:00 A.M. CLOSED SESSION, ZOOM/COURTYARD CONFERENCE ROOM 11:30 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:
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Correspondence to be included in the agenda packet must be received by 5:00 pm on Monday, September 9th
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, September 8th by emailing the Mayor and the City Clerk.
Approval will be confirmed via email.
[email protected] [email protected]
September 10, 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. 10:00 AM
Statements of Disqualification
Closed Session
1. Real Property Negotiations (Government Code §54956.8) 1) Property: 17 B/C Municipal Wharf
APN: 007-331-06 and -07
Owner: Roseanne Mazzone and John Eicholz dba Bonnie’s Gifts City Negotiator: Bonnie Lipscomb
Negotiating Parties: City of Santa Cruz and Roseanne Mazzone and John Eicholz
Under Negotiation: Price, terms of payment, or both
2) Property: 55 A Municipal Wharf
APN: 007-381-01
Owner: Marini’s Candies, Inc.
City Negotiator: Bonnie Lipscomb
Negotiating Parties: City of Santa Cruz and Nick & Gino Marini Under Negotiation: Price, terms of payment, or both
September 10, 2024 City Council 3
Closed Session (continued)
1. Real Property Negotiations (Government Code §54956.8) (continued) 3) Property: 55 D Municipal Wharf
APN: 007-351-02
Owner: Genesis Peck dba Made in Santa Cruz
City Negotiator: Bonnie Lipscomb
Negotiating Parties: City of Santa Cruz and Genesis Peck Under Negotiation: Price, terms of payment, or both
4) Property: 47 Municipal Wharf
APN: 007-341-06
Owner: Flotsam of California, Inc. dba Noland’s
City Negotiator: Bonnie Lipscomb
Negotiating Parties: City of Santa Cruz and Bruce Noland Under Negotiation: Price, terms of payment, or both
5) Property: 15 Municipal Wharf
APN: 007-331-04
Owner: JFS, Inc. dba Santa Cruz Boat Rentals
City Negotiator: Bonnie Lipscomb
Negotiating Parties: City of Santa Cruz and Sally Ealy
Under Negotiation: Price, terms of payment, or both
6) Property: 17 E Municipal Wharf
APN: 007-331-09
Owner: Sock Shop & Shoe Company, Inc.
City Negotiator: Bonnie Lipscomb
Negotiating Parties: City of Santa Cruz and Ellen Gill
Under Negotiation: Price, terms of payment, or both
7) Property: 1070 River Street
APN: 007-331-06 and -07
Owner: Arts Council Santa Cruz County
City Negotiator: Bonnie Lipscomb
Negotiating Parties: City of Santa Cruz and Jim Brown
Under Negotiation: Price, terms of payment, or both
8) Property: 41 Municipal Wharf
APN: 007-381-01
Owner: Flotsam of California, Inc.
City Negotiator: Bonnie Lipscomb
Negotiating Parties: City of Santa Cruz and Bruce Noland Under Negotiation: Price, terms of payment, or both
September 10, 2024 City Council 4
Closed Session (continued)
1. Real Property Negotiations (Government Code §54956.8) (continued) 9) Property: 2 Municipal Wharf
APN: Right of Way (No APN)
Owner: Dave Johnston DBA Venture Quest
City Negotiator: Bonnie Lipscomb
Negotiating Parties: City of Santa Cruz and Dave Johnston Under Negotiation: Price, terms of payment, or both
10) Property: 125 Coral Street
APN: 008-171-24 and -25
Owner: City of Santa Cruz
City Negotiator: Bonnie Lipscomb
Negotiating Parties: City of Santa Cruz and Housing Matters Under Negotiation: Price, terms of payment, or both
11) Property: 125 Coral Street
APN: 008-171-24 and -25
Owner: City of Santa Cruz
City Negotiator: Bonnie Lipscomb
Negotiating Parties: City of Santa Cruz and Harley and Jim Gillespie Under Negotiation: Price, terms of payment, or both
2. Conference with Legal Counsel - Existing Litigation (Government Code §54956.9(d)(1))
1) Santa Cruz Cop Watch v. City of Santa Cruz
(Santa Cruz County Superior Court Case No. 24CV01767)
2) Douglas Wallace, et al v. City of Santa Cruz, et al
(Santa Cruz County Superior Court Case No. 24CV02414)
3. Conference with Legal Counsel – Anticipated Litigation (Government Code §54956.9(d)(2))
Significant exposure to litigation (one potential case to be discussed)
4. Conference with Legal Counsel – Anticipated Litigation (Government Code §54956.9(d)(4))
Initiation of litigation (one potential case to be discussed) September 10, 2024 City Council 5
City Council
11:30 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
5. Mayoral Proclamation Declaring September as Service Dog Awareness Month
6. Mayoral Proclamation Declaring September as Childhood Cancer Awareness Month
7. National Emergency Preparedness Month
8. West Cliff Projects Update
Presiding Officer's Announcements
Statements of Disqualification
Additions and Deletions
City Attorney Report on Closed Session
September 10, 2024 City Council 6
Council Meeting Calendar
9. The City Council will review the meeting calendar attached to the agenda and revise it as necessary.
Consent Agenda
10. Minutes of the August 27, 2024 City Council Meeting (CC) Motion to approve as submitted.
11. Commission for the Prevention of Violence Against Women (CPVAW) Appointment (CC)
Motion to approve Councilmember Kalantari-Johnson's nomination of Shiri Gradek to the Commission for the Prevention of Violence Against Women (CPVAW).
12. Authorization of a Contract with Housing Matters for Encampment Resolution Funding Grant (CM)
Motion to:
1) Authorize the City Manager to execute an agreement in a form to be approved by the City Attorney, with Housing Matters in an amount not to exceed $3,882,184 to implement Encampment Resolution Fund Grant funded work; and
2) Authorize the City Manager to execute change orders within the approved budget.
13. Santa Cruz County Civil Grand Jury Response (CM)
Motion to authorize the Mayor to submit responses to the Santa Cruz Civil Grand Jury on behalf of the Santa Cruz City Council for the (1) Honoring Commitments to the Public, (2) Housing for Whom, and (3) Preventing Rape and Domestic Violence reports.
September 10, 2024 City Council 7
Consent Agenda (continued)
14. State Match Local Housing Trust Fund Program (LHTF Program) Funding Application for Funding Affordable Housing Development (EDH) Motion to:
1) Adopt a resolution to approve the 2024 State Local Housing Trust Fund Program (LHTF) funding application submittal and, if selected, receive an allocation of State Match funding through the LHTF Program and execute any documents related to the 2024 LHTF funding award; 2) Approve revised City Affordable Housing Trust Fund (AHTF) Administrative Guidelines for consistency with the LHTF program requirements;
3) Approve the Housing Authority of the County of Santa Cruz’s contribution of up to $3.2 million for the 136 River Street Project (Project) to be administered as a City AHTF loan contingent on the Housing Authority review and Board approval of the RFQ response submitted by Eden Housing Inc. and For the Future Housing Inc.; and 4) Approve an increase to the already committed $1.8 million AHTF Project loan that includes the Housing Authority’s and/or the AHTF’s funding up to the $5 million maximum per the LHTF program requirements.
15. Permanent Outdoor Dining and Curb Café Program – Waiver of Deferred Pandemic Era Fees and Related Authorizations (EDH)
Motion to approve a waiver of Permanent Outdoor Expansion Area and Curb Café fees between July 2020-December 2023 and authorize the City Manager to execute any agreements, amendments, or documents necessary to implement said waiver, in a form approved by the City Attorney.
16. Neary Lagoon Floating Walkway Decking and Railing Rehabilitation (m409668 - Neary Lagoon Park Rehabilitation - Maintenance): Notice of Completion (PR)
Motion to accept the work of Cen-Con, Inc. (Santa Cruz, CA) as completed per plans and specifications and authorize the filing of the Notice of Completion for the Neary Lagoon Floating Walkway Project.
September 10, 2024 City Council 8
Consent Agenda (continued)
17. 2024 Laurel Street Surface Seal Project (c400809) (PW) Motion to reject all bids for the 2024 Laurel Street Surface Seal Project (c400809), authorize staff to re-advertise the project for bids 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.
18. Contract Amendment 2 with BCycle, LLC for Santa Cruz County Regional Bike Share Program (PW)
Motion to authorize the City Manager to execute the Second Amendment to the Professional Service Agreement with BCycle, LLC for Santa Cruz County Regional Bike Share Program in a form acceptable to the City Attorney.
19. Regional Participation in Household Hazardous Waste Grant Cycle 43 (PW)
Motion to adopt a resolution to authorize the City of Santa Cruz’s regional participation in the CalRecycle Household Hazardous Waste Cycle 43 and authorize the City Manager to submit all required documentation and payment requests.
20. Award Contract for London Nelson Community Center Roof Repair (PW) Motion to award a contract for the purchase of tile and roof repair from Weatherproofing, Technologies, Inc (Beachwood, OH) in the amount of $159,325.46. The Director of Public Works is authorized to execute changes orders within the approved project budget.
21. West Cliff Multi-Use Path Rehabilitation Project (m400819) – Reject Bids (PW)
Motion to reject all bids for the West Cliff Multi-Use Path Rehabilitation Project (m400819), authorize staff to re-advertise the project for bids 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.
September 10, 2024 City Council 9
Consent Agenda (continued)
22. Beltz 8 and 12 Aquifer Storage and Recovery (ASR) Project Addendum to the Santa Cruz Water Rights Project Final Environmental Impact Report – Project Approval (WT)
Motion to approve the Beltz 8 and 12 Aquifer Storage and Recovery Project considering the certified Santa Cruz Water Rights Project Final Environmental Impact Report and the Beltz 8 and 12 Aquifer Storage and Recovery Project Addendum to the Santa Cruz Water Rights Project Final Environmental Impact Report.
23. Soquel Avenue Main Replacement Project (c700002) – Notice of Completion (WT)
Motion to accept the work of Pacific Underground Construction, Inc. (San Jose, CA) as complete per the plans and specifications, authorizing the filing of a Notice of Completion for the Soquel Avenue Main Replacement Project (c700002), and authorize the Water Director to sign the Notice of Completion as the Owner’s Authorized Agent.
End Consent Agenda
Public Hearing
24. 2nd Reading and Final Adoption of Ordinance No. 2024-14 Amending Chapter 2.40, Boards and Commissions, Related to the Membership Term Year for the Commission for the Prevention of Violence Against Women (CPVAW) (CC)
Motion to adopt Ordinance No. 2024-14 amending Chapter 2.40, Boards and Commissions, related to the membership term year for the Commission for the Prevention of Violence Against Women.
September 10, 2024 City Council 10
General Business
25. Collective of Results and Evidence-Based (CORE) Investments Update (CM)
Motion to:
1) Accept staff report on the status of the Collective of Results and Evidence-based (CORE) Investments Program Request for Proposals (RFP);
2) Direct staff to carve out any Council-prioritized services from competitive procurement;
3) Approve staff recommended funding Option 2, to distribute funding and initiate recommended awards; and
4) Direct staff to coordinate with the Human Services Department (HSD) to report back with recommended awards from the CORE RFP by November 19, 2024.
26. Ordinance and Resolution Responsive to Incident Involving the City of Hanford Police Department (CN)
Motion to:
1) Introduce for publication an ordinance adding Chapter 9.91, the Prohibition of Government-Sponsored Unsanctioned Transport of Homeless Persons Ordinance, to the Santa Cruz Municipal Code; 2) Adopt a resolution directing (a) the Santa Cruz Police Department (SCPD) to add a “Prohibition of Unsanctioned Transport of Homeless Persons” policy to the SCPD Policy Manual; and (b) City staff to continue, to the greatest extent practicable, the City’s current practice of reserving City-funded and City-managed shelter resources for persons experiencing homelessness that are currently residing in the City of Santa Cruz; and
3) Approve the CEQA determination contained in this Agenda Report.
The Council’s action is not a “project” under CEQA. And, even if it were considered a “project”, it would be categorically exempt under 14 CCR § 15321(b) (law enforcement action) and 14 CCR § 15061(b)(3) (“commonsense” exemption).
September 10, 2024 City Council 11
General Business (continued)
27. Industrial Land Preservation Policy. Location: Citywide. CEQA: General Plan 2030 Environmental Impact Report (PL)
Motion to adopt a resolution approving the Industrial Land Preservation Policy and acknowledging the action is consistent with the General Plan 2030 Environmental Impact Report.
28. Ministerial Design Review Authority for Affordable Streamlined Ministerial Projects with a Density Bonus. Location: Citywide. CEQA:
Not a Project (PL)
Motion to direct staff to do the following, which will supersede the direction provided at the September 7, 2021, City Council Meeting:
1) Conduct the objective, ministerial Design Review of revisions to the 831 Water Street Project, including potential revisions to the Density Bonus approval, administratively with the option to refer the project to the Planning Commission; and
2) Any future requests for an affordable housing streamlined ministerial project that include a Density Bonus request shall be reviewed by the Zoning Administrator at a noticed public hearing with the option to refer review to the Planning Commission.
[Environmental Determination: Not a Project]
29. Climate Resilient Santa Cruz: Graham Hill Water Treatment Plant Facility Improvements Project Final Environmental Impact Report and Project Approval (WT)
Motion to:
1) Adopt a resolution certifying the Final Environmental Impact Report for the Climate Resilient Santa Cruz: Graham Hill Water Treatment Plant Facility Improvements Project;
2) Adopt a resolution approving the project entitlements (Special Use Permit, Design Permit, Nonresidential Demolition Authorization Permit, Heritage Tree Removal Permit, and Slope Development Permit), based on Planning Commission’s Recommendations; and
3) Adopt a resolution approving Graham Hill Water Treatment Plant Facility Improvements Project, adopting a Mitigation, Monitoring, and Reporting Program, and adopting California Environmental Quality Act Findings and a Statement of Overriding Considerations.
September 10, 2024 City Council 12
General Business (continued)
30. Ordinance Extending AB 1482 Rental Increase Protections Upon Expiration of Affordable Housing Rental Restrictions (CN) Introduce for publication an ordinance amending Chapter 21.07 “Just Cause Eviction Above AB 1482 Requirements” of the Santa Cruz Municipal Code to extend AB 1482 rental increase protections to tenants in units with expiring affordable housing rental restrictions.
Adjournment
September 10, 2024 City Council 13
INFORMATION ITEMS PREVIOUSLY DISTRIBUTED TO CITY COUNCILMEMBERS ADDENDUM TO CITY COUNCIL AGENDA – SEPTEMBER 10, 2024
31. Finance Department: Portfolio Management Report – Pooled Cash and Investments as of June 30, 2024 - 7/22/24 (FNFYI 377)
32. Public Works Department: Annual San Lorenzo River Vegetation Management Update - 8/28/24 (PW 0110)
MAYOR'S PROCLAMATIONS
None issued.
Advisory Body Appointment
The following position is either currently vacant or the term is due to expire.
Council will make the appointment 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.