CITY OF SANTA CRUZ
809 Center Street
Santa Cruz, California 95060
CITY COUNCIL AGENDA
Regular Meeting - November 19, 2024
12:00 P.M. CLOSED SESSION, ZOOM/COURTYARD CONFERENCE ROOM 12:30 P.M. ORAL COMMUNICATIONS, CONSENT, PUBLIC HEARINGS, AND GENERAL
BUSINESS, ZOOM/COUNCIL CHAMBERS
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Correspondence to be included in the agenda packet must be received by 5:00 pm on Monday, November 18th
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, November 17th by emailing the Mayor and the City Clerk.
Approval will be confirmed via email.
[email protected] [email protected]
November 19, 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)
1) Claimant: Cameron Abrams
2) Claimant: Autumn Amber Parks
Claims against the City of Santa Cruz
2. Conference with Legal Counsel - Existing Litigation (Government Code §54956.9(d)(1))
1) Fleck, Robert v. City of Santa Cruz, et al.
(Santa Cruz County Superior Court Case No. 23CV01131)
2) Elaine Vierra v. Pacific Gas and Electric Company, et al. (Santa Cruz County Superior Court Case No. 24CV01750)
November 19, 2024 City Council 3
City Council
12:30 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 November 19, 2024, as Anna Eshoo Day
4. Mayoral Proclamation Declaring November 19, 2024, as Joe Simitian Day
5. Mayoral Proclamation Declaring November 19, 2024, as Bruce McPherson Day
6. Mayoral Proclamation Declaring November 19, 2024, as Zach Friend Day Presiding Officer's Announcements
Statements of Disqualification
Additions and Deletions
City Attorney Report on Closed Session
November 19, 2024 City Council 4
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 October 22, 2024 City Council Meeting (CC) Motion to approve as submitted.
9. Amending the FY 2025 Budget and Appropriation of Funds for Safe Sleeping and Shelter – Amory (p102202), Safe Sleeping – Transitional Camp “1220” (p102207), and the Safe Parking Programs (p102210 and p102211) – Budget Adjustment (CM)
Motion to adopt a resolution to amend the FY 2025 budget and appropriate funds in the amount of $2,000,000 from unanticipated revenue for expenses in the Safe Sleeping and Shelter – Armory (p102202), Safe Sleeping – Transitional Camp “1220” (p102207), and the Safe Parking Programs (p102210 and p102211).
10. Contract with Community Action Board of Santa Cruz County, Inc. for the ProHousing Incentive Program Award (CM)
Motion to award a contract to the Community Action Board of Santa Cruz County, Inc. for the ProHousing Incentive Program in the amount of $500,000 and to authorize the City Manager to execute an agreement on a form approved by the City Attorney. The Homelessness Response Manager is authorized to execute change orders within the approved budget.
11. Gas-Powered Leaf Blowers Ordinance Update (CN)
Motion to:
1) Introduce for publication an ordinance amending the effective date for the citywide ban on gas-powered leaf blowers from January 1, 2025, to July 1, 2025; and
2) Direct staff to evaluate the number of residents who use gaspowered leaf blowers and their potential need for financial assistance.
November 19, 2024 City Council 5
Consent Agenda (continued)
12. Homeless Garden Project Request for a General Plan Amendment, Zoning Map Amendment, and Local Coastal Program Amendment to Facilitate Continuation and Expansion of Uses at Their Existing Location on the East Side of Shaffer Road, West of Antonelli Pond (2394 Delaware Avenue). Owner: Ronald Swenson. CEQA: Not a Project.
Also, Exempt Pursuant to CEQA Guidelines Section 15306 (Information Collection) and 15061(b)(3) (Common Sense Exemption). (CN) Motion to:
1) Direct staff to process, as expeditiously as possible, the following request from the Homeless Garden Project (HGP), based on HGP’s application:
a) Amend the General Plan 2030 Map to designate the northern 4 acres of the 11-acre Swenson parcel as Agriculture/Grazing (AG) land.
b) Amend the Zoning Ordinance to classify these 4 acres as E-A Exclusive Agricultural District.
c) Adopt a Local Coastal Program Amendment for submission to the Coastal Commission to designate these 4 acres as
Agriculture/Grazing (AG) land.
2) Direct staff to address any “no net loss” issue related to Recommendation #1 above when the proposed changes return to the Council for final action; and
3) Approve the CEQA determination contained in this agenda report.
The Council’s direction is not a “project” under CEQA. And, even if it were considered to be a CEQA “project” the following exemptions apply: CEQA Guidelines Section 15306 (collection of data, research, and evaluation); and “common sense” exemption (no possibility that the Council’s direction may have a significant effect on the environment.”) (14 Cal Code Regs 15061(b)(3)).
November 19, 2024 City Council 6
Consent Agenda (continued)
13. Downtown Library and Affordable Housing Development Project:
Declaration of Property as "Exempt Surplus Land" and Confirmation of Approval of Relocation Plan for 113 Lincoln Street; Determination That These Actions are Exempt from CEQA Review under Statutory Exemption Pub. Res. Code § 21083.3, CEQA Guidelines § 15183, and CEQA Guidelines Categorical Exemptions §§ 15305 and 15332 (EDH)
Motion to:
1) Adopt a resolution pursuant to the California Surplus Land Act (Cal.
Gov’t Code § 54220 et seq. [the "SLA"]) declaring that real property owned by the City located at 119 Lincoln Street (APN 005-141-21) and 113 Lincoln Street (APN 005-141-11) as exempt surplus land under Government Code section 54221(f)(1)(A) of the SLA;
2) Adopt a resolution approving the Relocation Plan for 113 Lincoln and final relocation expenses in accordance with the California Department of Housing and Community Development; and
3) Based on the prior City Council action on March 14, 2023, determine that these actions are exempt from further review under the California Environmental Quality Act (“CEQA”), pursuant to Public Resources Code Section 21083.3, State CEQA Guidelines Section 15183 (“Projects Consistent with General Plan or Zoning”), a CEQA Guidelines, Class 5 categorical exemption (Section 15305 – “Minor Alterations in Land Use Limitations”), CEQA Guidelines, Class 32 categorical exemption (Section 15332 – “In-Fill Development Projects”), and the CEQA "common sense" exemption.
14. Kiosk Lease and License Agreement with Downtown Association of Santa Cruz (EDH)
Motion to:
1) Approve and authorize the City Manager to execute the Kiosk Lease and License Agreement with Downtown Association of Santa Cruz, and any documents, amendments or extensions of a non-substantive nature, in a form approved by the City Attorney, for the kiosk located at 1130 K-2 Pacific Avenue; and
2) Approve the CEQA determination contained in this Agenda Report. The Council’s action is exempt from CEQA review under 14 CCR 15301 and 14 CCR 15061. Under those authorities, CEQA does not apply to (1) existing facilities involving negligible or no expansion of existing or former use; and (2) activities where it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment.
November 19, 2024 City Council 7
Consent Agenda (continued)
15. Kiosk Lease and License Agreement with Paul Cocking dba café gg (EDH)
Moton to:
1) Approve and authorize the City Manager to execute the Kiosk Lease and License Agreement with Paul Cocking doing business as café gg, and any documents, amendments or extensions of a non-substantive nature, in a form approved by the City Attorney, for the kiosk located at 1130 K-1 Pacific Avenue; and
2) Approve of the CEQA determination contained in this Agenda Report.
The Council’s action is exempt from CEQA review under 14 CCR 15301 and 14 CCR 15061. Under those authorities, CEQA does not apply to (1) existing facilities involving negligible or no expansion of existing or former use; and (2) activities where it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment.
16. Kiosk Lease and License Agreement with Crepe Cones LLC (EDH) Motion to:
1) Approve and authorize the City Manager to execute the Kiosk Lease and License Agreement with Crepe Cones LLC, and any documents, amendments or extensions of a non-substantive nature, in a form approved by the City Attorney, for the kiosk located at 1520 K-2 Pacific Avenue; and
2) Approve the CEQA determination contained in this Agenda Report.
The Council’s action is exempt from CEQA review under 14 CCR 15301 and 14 CCR 15061. Under those authorities, CEQA does not apply to (1) existing facilities involving negligible or no expansion of existing or former use; and (2) activities where it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment.
November 19, 2024 City Council 8
Consent Agenda (continued)
17. Approval of Navigation Center Grant Application (EDH) Motion to adopt a resolution to approve submission of an application for the California Department of Health Care Services (DHCS) Behavioral Health Infrastructure Bond Act (BHIBA) of 2024 Round 1 funding for behavioral health services at the Navigation Center to be located at 125 Coral Street and authorize the City Manager to execute a Program Funding Agreement for the award amount, and any documents, amendments or extensions of a non-substantive nature, in a form approved by the City Attorney.
18. Small Business Saturday Proclamation (EDH)
Motion to issue a proclamation recognizing Small Business Saturday on November 30, 2024 and encouraging all community members to shop locally this holiday season.
19. Liability Claims Filed Against the City of Santa Cruz (FN) Motion to reject the liability claims of 1) Cameron Abrams and 2) Autumn Amber Parks, based on staff recommendation.
20. Award Agreement for Plan Review and Inspection Services for Building and Safety Division. CEQA: Exempt 15061(b)(3) (PL)
Motion to:
1) Award three contracts to 4Leaf, Inc. (4Leaf), BPR Consulting Group (BPR), CSG Consultants, Inc. (CSG) with annual renewals up to five years, recognizing the environmental exemption; and
2) Authorize the City Manager to execute a contract in a form approved by the City Attorney with 4Leaf, BPR, and CSG, with the Director of Planning and Community Development authorized to execute change orders within the approved budget.
November 19, 2024 City Council 9
Consent Agenda (continued)
21. Authorization to Submit a Grant Application for General Plan Mobility and Transportation Analysis Updates – Budget Adjustment (PW) Motion to:
1) Authorize the City Manager to apply for, accept, and appropriate funds from the California Department of Transportation Sustainable Transportation Planning Grant Program for the General Plan Mobility and Transportation Analysis Updates; and
2) Adopt a resolution to amend the FY 2025 budget in the amount of $450,000 for the General Plan Mobility and Transportation Analysis Updates.
22. Frederick Street Park Pacific Gas and Electric Company Easement – Approval of Easement Deed (PW)
Motion to adopt a resolution to approve an easement deed granted to Pacific Gas and Electric Company (“PG&E”) for the installation of a gas distribution regulator station on the frontage of Frederick Street Park - APN No. 011-141-17.
23. Resolution Amending the FY 2025 Budget to WWTF Master Planning (c402504) and WWTF Master Planning – Collection System Projects (c402516) – Budget Adjustment (PW)
Motion to adopt a resolution to amend the FY 2025 budget and appropriate funds in the amount of $550,000 for the WWTF Master Planning – Collection System project (c402516), and appropriate funds in the amount of $844,705 from anticipated revenue for expenses with the WWTF Master Planning project (c402504).
November 19, 2024 City Council 10
Consent Agenda (continued)
24. Union/Locust Backup Generator Project (c702107) – 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 Union/Locust Backup Generator Project (c702107) (Project) and authorize staff to advertise for bids at https://procurement.opengov.com/portal/santacruzca. The City Manager is hereby authorized and directed to execute the contract as authorized by Resolution No. NS-27,563;
2) Approve the California Environmental Quality Act (CEQA) determination contained in this Agenda Report. The Council’s action is exempt from CEQA review under California Code of Regulations Section 15301 and Section 15303. Under those authorities, CEQA does not apply to existing facilities or new construction of small structures; 3) Authorize the Water Director to execute change orders for the Project within the approved project budget; and
4) Authorize the City Manager to execute an Implementation Agreement between the City of Santa Cruz and Santa Cruz Public Libraries to implement the Project in a form approved by the City Attorney.
25. Meter Replacement Project (c701603) - Change Order Authorization for Badger Meter, Inc. (WT)
Motion authorizing the Water Director to approve contract change orders exceeding the limits set forth in Council Policy 29.6 for the purchase of water meters from Badger Meter needed to complete the Meter Replacement Project (c701603).
November 19, 2024 City Council 11
Consent Agenda (continued)
26. Beltz 12 Upgrades for Aquifer Storage and Recovery Project (c702101) – Approval of Plans and Specifications, Authorization to Advertise for Bids and Award Contract, and Approval of Contract Amendment for Construction Management Services (WT)
Motion to:
1) Approve plans and specifications for the Beltz 12 Upgrades for Aquifer Storage and Recovery Project (c702101) (Project) and authorize staff to advertise for bids at
https://procurement.opengov.com/portal/santacruzca. The City Manager is hereby authorized and directed to execute the contract as authorized by Resolution No. NS-27,563;
2) Authorize the Water Director to approve change orders for the Project for amounts that are within the approved project budget; 3) Authorize the City Manager to execute a contract amendment in a form to be approved by the City Attorney with MNS Engineers, Inc. (San Jose, CA) for construction management services for the Project in the amount of $347,317; and
4) Authorize the Water Director to approve future contract amendments for construction management services for the Project that are within the approved project budget.
End Consent Agenda
November 19, 2024 City Council 12
Public Hearings
27. 2nd Reading and Final Adoption of Ordinance No. 2024-19 Rescinding Uncodified Ordinance No. 1440 – An Ordinance Establishing the Planning Commission and Amending Chapter 18.41.020 – Appointment of Board of Building Appeals and Length of Term (FN)
Motion to adopt Ordinance No. 2024-19 amending Chapter 18.41.020 - Appointment of Board of Building Appeals and Length of Term, and rescinding uncodified Ordinance No. 1440- An Ordinance establishing the Planning Commission.
28. 119 Madrone Street: CP24-0078 (APN 008-222-06) Appeal of the Planning Commission Approval of a Master Use Permit and Special Use Permit to Convert an Existing Brewpub (Woodhouse Brewery) to a HighRisk Alcohol Outlet and to Allow for Expanded Live Entertainment and Events on a Parcel Located in the CT (Thoroughfare Commercial) Zone District. (Environmental Determination: Categorical Exemption) Applicant: William Moxham (Woodhouse Brewery). Council District: 5. (PL)
Motion to adopt a resolution denying the appeal from Stacey and Guy Mitchell, thereby upholding the Planning Commission’s
acknowledgement of the environmental determination (Categorical Exemption Sections 15301, 15303, and 15332) and approval of the Master Use Permit and Special Use Permit, based on the findings listed in the draft resolution and the Conditions of Approval attached as Exhibit “A.”
November 19, 2024 City Council 13
Public Hearings (continued)
29. Amendments to Chapter 18.15 of the Municipal Code Requiring Additional Energy Standards for Alterations and Additions to Existing Single-Family Homes. CEQA: Exempt under general rule, 15061(b)(3) and per Guidelines Section 15308, Class 8, Actions by Regulatory Agencies for Protection of Natural Resources, and Reuse of Climate Action Plan 2030 Negative Declaration. Location and Council District:
Citywide. Applicant: City of Santa Cruz. (PL/CM)
Motion to introduce for publication an ordinance amending Municipal Code Chapter 18.15 to adopt local amendments to Title 24, Part 6 of the California Code of Regulations (California Energy Code). The ordinance creates an energy reach code that requires additional energy standards for renovations to existing single-family homes with an intent to provide property owners with a range of energy efficiency measure options when undertaking alterations and additions that will also meet goals to reduce greenhouse gas emissions associated with fossil fuel use citywide. Council finds the amendments are consistent with the Negative Declaration approved for the City of Santa Cruz 2030 Climate Action Plan adopted by City Council on September 13, 2022. The ordinance is also exempt under exempt from CEQA under the general rule, 15061(b)(3) and per CEQA Guidelines Section 15308, Class 8, Actions by Regulatory Agencies for Protection of Natural Resources.
November 19, 2024 City Council 14
General Business
30. Collective of Results and Evidence-Based (CORE) Recommended Awards (CM)
Motion to:
1) Approve the Recommended Awards from the Collective of Results and Evidence-based (CORE) Investments Request for Proposals (RFP) process;
2) Direct staff to allocate $189,576 of the remaining City CORE funding for elected officials set aside for emerging needs or priorities not funded through the competitive RFP process;
3) Direct staff to coordinate with the Human Services Department (HSD) to execute agreements for all final recommended awards and set aside fund;
4) Direct staff to coordinate with HSD to return by April 30, 2025, with an update on new and existing CORE contracts, a lessons learned framework, and an updated agreement between the City and County of Santa Cruz.
31. SCMU Utility Customer Assistance Program - Council Policy and Special Revenue Fund (WT/FN/PW)
Motion to adopt a resolution approving a Council Policy creating a Santa Cruz Municipal Utilities (SCMU) Utility Customer Assistance Program and creation of a Special Revenue Fund.
Adjournment
November 19, 2024 City Council 15
INFORMATION ITEMS PREVIOUSLY DISTRIBUTED TO CITY COUNCILMEMBERS ADDENDUM TO CITY COUNCIL AGENDA – NOVEMBER 19, 2024
32. City Clerk: Annual Advisory Body Appointments - 10/15/24 (CCFYI 221)
33. City Manager: Quarterly Grant Report – Fiscal Year 2024 as of June 30, 2024 - 10/21/24 (CMFYI 269)
MAYOR'S PROCLAMATIONS
ADDENDUM TO CITY COUNCIL AGENDA – NOVEMBER 19, 2024
34. Proclaiming November 1, 2024 as “Extra Mile Day” and urging each individual in the community to take time on this day to not only “go the extra mile” in his or her own life, but to also acknowledge all those who are inspirational in their efforts and commitment to make their organizations, families, community, country, or world a better place.
35. Proclaiming Sunday, November 3, 2024 as “International Live Looping Day” and urging all citizens to join in supporting the work of these innovative artists from around the world, welcoming them to perform here, and thanking them all for their tireless work to innovate in this emerging global musical art form.
36. Proclaiming Monday, November 11, 2024 as “City Veteran Appreciation Day” and encouraging all citizens to join in saying “thank you” to these employees for their dedicated service to our country and continued service to our community and committing to causes that are greater than self and promoting public service.
November 19, 2024 City Council 16
Advisory Body Appointments
The following positions are either currently vacant or the terms are due to expire. Council will make appointments at a future meeting.
Children’s Fund Oversight Committee One opening – youth organization representative
County Latino Affairs Commission One opening – at-large nomination Downtown 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.