CITY OF SANTA CRUZ
809 Center Street
Santa Cruz, California 95060
CITY COUNCIL AGENDA
Regular Meeting - December 10, 2024
Updated December 9, 2024 - Items 19 and 29
11:00 A.M. CLOSED SESSION, ZOOM/COURTYARD CONFERENCE ROOM 12:30 P.M. ORAL COMMUNICATIONS, CONSENT, CONSENT PUBLIC HEARINGS, AND
PUBLIC HEARINGS, ZOOM/COUNCIL CHAMBERS
6:00 P.M. PRESENTATIONS, ZOOM/COUNCIL CHAMBERS
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Correspondence to be included in the agenda packet must be received by 5:00 pm on Monday, December 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, February 26th by emailing the Mayor and the City Clerk.
Approval will be confirmed via email.
[email protected] [email protected]
December 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.
Closed Session
11:00 AM
Statements of Disqualification
Closed Session
1. Conference with Legal Counsel – Liability Claims (Government Code §54956.95)
Claimant: Morgan Thomas Maher
Claim against the City of Santa Cruz
2. Public Employee Performance Evaluation/Conference with Labor Negotiators (Government Code §54957, §54957.6)
Unrepresented employee: City Manager
Agency designated representative: City Attorney
December 10, 2024 City Council 3
Closed Session (continued)
3. Conference with Legal Counsel - Existing Litigation (Government Code §54956.9(d)(1))
1) GVC St. George, LLC v. City of Santa Cruz
(United States District Court Case No. CV-07695-BLF)
2) Regents of the University of California, et al. v. City of Santa Cruz (Santa Cruz County Superior Court Case No. 20CV02152)
4. Conference with Legal Counsel - Anticipated Litigation (Government Code §54956.9(d)(2))
Significant exposure to litigation (one potential case to be discussed) December 10, 2024 City Council 4
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
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 Amending and Updating the City's Bail Schedule (CA) Motion to adopt a resolution adopting an updated bail schedule and directing staff to forward the updated bail schedule to the Santa Cruz County Superior Court.
December 10, 2024 City Council 5
Consent Agenda (continued)
7. Resolution Extending by Sixty Days the Emergency Declarations in Connection with the 2022/2023 Winter Storms and 2023/2024 Winter Storms (CA/CM)
Motion to adopt a resolution extending the Local Emergency Declarations by sixty days in connection with the 2022/2023 and 2023/2024 winter storms.
8. Minutes of the November 19, 2024 City Council Meeting (CC) Motion to approve as submitted.
9. Citywide Records Retention Schedule Update (CC)
Motion to adopt a resolution updating the Citywide Records Retention Schedule, and rescinding Resolution No. NS-29,305.
10. Certification of the November 5, 2024 General Election (CC) Motion to adopt a resolution confirming and approving the canvass of ballots and returns for the City of Santa Cruz General Election held on November 5, 2024, and declaring that Measure Z (Sugar-sweetened Beverage Tax) passed by a majority vote of the electorate of the City.
11. FY24 Strategic Plan Annual Report (CM)
Motion to approve the FY24 Strategic Plan Annual Report.
12. Homeless Garden Project Fee Waiver (CN)
Motion to recognize the CEQA determination, including the environmental exemptions, and direct staff to waive the fees for processing the General Plan, LCP, and Zoning Ordinance amendments to designate 4 acres of the 11 acre Swenson property on the west side as agricultural land.
December 10, 2024 City Council 6
Consent Agenda (continued)
13. 877 Cedar Street Purchase and Sale Agreement and Related Actions – Budget Adjustment (EDH)
Motion to:
1) Adopt a resolution authorizing the City Manager to negotiate and execute a Purchase and Sale Agreement for real property located at 877 Cedar Street Suite 100 (APNs 005-951-01, 005-072-47, & -50), aka Commercial Unit 1, and execute any related documents, amendments, or modifications of a non-substantive or conforming nature, in a form approved by City Attorney, between the City of Santa Cruz and Ecology Action of Santa Cruz; and
2) Adopt a resolution amending the FY 2025 budget to appropriate $1,650,000 of funds from the Economic Development Trust Fund and the City Public Trust Fund to purchase Commercial Unit 1.
14. Uplift Central Coast Catalyst Fund: Authorization to Submit a Grant Application for the Monterey Bay Green Jobs and Workforce Training Pathway Stack Development Covering Santa Cruz, Monterey, and San Benito Counties - Budget Adjustment (CM)
Motion to:
1) Authorize the City Manager to apply for, accept, and execute all necessary applications, contracts and agreements, and amendments for the Uplift Central Coast grant to support Monterey Bay Green Jobs and Workforce Training Pathway Stack Development in Santa Cruz, Monterey, and San Benito counties; and
2) Adopt a resolution to amend the FY 2025 budget in the amount of $250,000 for the Uplift Central Coast grant.
15. Liability Claim Filed Against the City of Santa Cruz (FN) Motion to reject the liability claim of 1) Morgan Thomas Maher based on staff recommendation.
16. FY 2024 Parking In-Lieu Impact Fee Annual Report (FN/PW) Motion to accept and approve the attached FY 2024 Parking In-Lieu Impact Fee Annual Report.
December 10, 2024 City Council 7
Consent Agenda (continued)
17. FY 2024 Traffic Impact Fee Annual Report (FN/PW)
Motion to accept and approve the attached FY 2024 Traffic Impact Fee Annual Report.
18. Professional Services Agreement for Project Management Services for the Implementation of New Enterprise Resource Planning (ERP) Software Solution (IT)
Motion to:
1) Authorize the City Manager to execute a scope of work with Berry Dunn McNeil & Parker, LLC (BerryDunn) in a form approved by the City Attorney to support the City of Santa Cruz (City) with project management services for the implementation of a new Enterprise Resource Planning (ERP) software solution in the amount of $840,000.00; and
2) Authorize the City Manager, IT Director, or designee to execute any amendments to the above contracts that are within the approved budget, change orders will only be binding when signed by authorized representatives of the City and the vendor.
The below item has been removed from the agenda and will not be discussed.
19. Acceptance of the Proposal and Project Initiation of New Enterprise Resource Planning (ERP) Software Solution – Budget Adjustment (FN/IT/HR/PW/WT/LB)
Motion to:
1) Authorize the City Manager to execute contracts with AVAAP, in a form approved by the City Attorney to support the City of Santa Cruz (City) in implementing a new Enterprise Resource Planning (ERP) software solution;
2) Authorize the City Manager to execute contracts with Workday, in a form approved by the City Attorney as the new ERP software solution; 3) Authorize the City Manager to execute contracts with Can/Am Technologies, Inc., in a form approved by the City Attorney to support the City in implementing and providing a new municipal cashiering system;
December 10, 2024 City Council 8
Consent Agenda (continued)
19. Acceptance of the Proposal and Project Initiation of New Enterprise Resource Planning (ERP) Software Solution – Budget Adjustment (FN/IT/HR/PW/WT/LB) (continued)
Recommendation (continued):
4) Authorize the City Manager to execute contracts with SpryPoint, in a form approved by the City Attorney to support the City in implementing and providing a new utility billing system; 5) Adopt a resolution to amend the FY 2025 budget to newly appropriate $1,057,834 of funds; and
6) Authorize the City Manager, IT Director, or designee to execute any amendments to the above contracts that are within the approved budget, change orders will only be binding when signed by authorized representatives of the City and the vendor.
20. Fiscal Year 2024 State of California Office of Traffic Safety, Pedestrian and Bicycle Safety Grant and Contract Award (PD)
Motion to:
1) Adopt a resolution authorizing and directing the City Manager to accept the State of California Office of Traffic Safety (PS25023) grant funding and to execute, in the name of the City of Santa Cruz, all grant documents, in a form approved by the City Attorney, including but not limited to agreements, amendments and requests for payment, necessary to secure grant funds, appropriate grant funds, and implement the pedestrian and bicycle safety programming; 2) Adopt a resolution amending the FY 2025 budget and appropriating funds in the amount of $72,714 to project g202502 - OTS Pedestrian Bicycle Grant FY25; and
3) Award a contract for the purchase of Pedestrian and Bicycle Safety Programming from Ecology Action (Santa Cruz, CA) in the amount of $68,954 and authorize the City Manager to execute an agreement and all amendments thereto in a form approved by the City Attorney.
December 10, 2024 City Council 9
Consent Agenda (continued)
21. 141 Archer Drive Retaining Wall Reconstruction Project (g402402) – Notice of Completion (PW)
Motion to accept the work of Jeff Hill & Sons Excavation and Grading Inc., (Ben Lomond, CA) for the 141 Archer Drive Retaining Wall Reconstruction Project (g402402) as completed per the plans and specifications and authorize the filing of the Notice of Completion.
22. Wastewater Treatment Facility Standby Generator #1 Replacement (PW)
Motion to:
1) Ratify a purchase of a 1,100 KW Standby Generator from Turnkey Industries, 2025 Nichols Avenue, Dickenson, TX 77539, in the amount of $611,417.50;
2) Ratify a source contract for generator electrical design and installation services in the amount of $351,628.00 from Cupertino Electric Inc, San Jose, CA.; and
3) Find the project categorically exempt under CEQA Guidelines 14 CCR section 15301(c).
23. Beltz 12 Upgrades for Aquifer Storage and Recovery Project (c702101) – Award Contract to Carollo Engineers, Inc. for Engineering Services During Construction (WT)
Motion to:
1) Authorize the City Manager to execute a contract in a form to be approved by the City Attorney with Carollo Engineers, Inc. (Walnut Creek, CA) for engineering services during construction for the Beltz 12 Upgrades for Aquifer Storage and Recovery Project (c702101) (Project) in the amount of $330,632; and
2) Authorize the Water Director to approve future contract amendments for engineering services during construction for the Project that are within the approved project budget.
December 10, 2024 City Council 10
Consent Agenda (continued)
24. Brackney Landslide Area Pipeline Risk Reduction Project (c702002) – Approve Plans and Specifications, Authorize Staff to Advertise for Bids and Award Contract, and Consider the Certified Final Environmental Impact Report and Addendum (WT)
Motion to:
1) Consider the certified Final Environmental Impact Report for the Newell Creek Pipeline Improvement Project and the Brackney North Section Addendum to the Final Environmental Impact Report for the Newell Creek Pipeline Improvement Project;
2) Approve the plans and specifications for the Brackney Landslide Area Pipeline Risk Reduction Project (c702002) (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; and
3) Authorize the Water Director to execute change orders for the Project for amounts that are within the approved project budget.
25. Newell Creek Pipeline Replacement – Felton to Graham Hill Water Treatment Plant Project (c702105) – Award of Professional Services Agreement (WT)
Motion authorizing the City Manager to execute an agreement in a form to be approved by the City Attorney with MNS Engineers, Inc. (San Jose, CA) for construction management services for the Newell Creek Pipeline Improvement Project Felton/Graham Hill (c702105) in the amount of $2,458,845, and to authorize the Water Director to execute future contract amendments within the approved project budget.
End Consent Agenda
December 10, 2024 City Council 11
Consent Public Hearings
26. 2nd Reading and Final Adoption of Ordinance No. 2024-20 Gas-Powered Leaf Blowers Ordinance Update (CN)
Motion to adopt Ordinance No. 2024-20 amending the effective date for the citywide ban on gas-powered leaf blowers from January 1, 2025, to July 1, 2025.
27. 2nd Reading and Final Adoption of Ordinance No. 2024-21 Amending Chapter 18.15 of the Municipal Code Creating an Energy Reach Code that Requires Additional Energy Standards for Renovations to Existing Single-Family Homes with the Intent to Provide Property Owners with a Range of Energy Efficiency Measure Options When Undertaking Alterations and Additions, Helping the City to Meet Goals to Reduce Greenhouse Gas Emissions Associated with Fossil Fuel. CEQA: Exempt under general rule, 15061(b)(3) and per Guidelines Section 15308, Class 8, Actions by Regulatory Agencies for Protection of Natural Resources.
Location and Council District: Citywide. Applicant: City of Santa Cruz. (PL/CM)
Motion to adopt Ordinance No. 2024-21 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.
December 10, 2024 City Council 12
Consent Public Hearings (continued)
28. 190 West Cliff Drive: CP18-0043 (APN 004-081-12) – Rescind Prior Council Approvals for a Coastal Permit, Design Permit, Special Use Permit, Density Bonus Request, Encroachment Permit, and Tentative Map to Construct a Four-Story Mixed Use Project with Underground Parking, Ground Level Commercial, and 89 Residential Condominiums on a Parcel in the RTB/PER/CZ-O/SP-O (Motel Residential Performance Overlay, Shoreline Protection Overlay and Coastal Zone Overlay) Zone District. The Council Approved These Permits on October 22, 2019. (Environmental Determination: Statutory Exemption, 15061(b)(4)) (Applicant/Filed: Cliff Bay Partners, LLC / February 27, 2018) (PL) Motion to adopt a resolution acknowledging the environmental determination and rescinding Resolution No. NS-29,589, without prejudice, thus repealing the approvals for the Coastal Permit, Design Permit, Special Use Permit, Density Bonus Request to exceed height, Encroachment Permit for street and intersection improvements, and Tentative Map based on the findings included in the attached draft resolution.
The below item was moved from Public Hearings to General Business.
General Business
29. Fiscal Year (FY) 2024 Development Impact Fee Annual Reports for Childcare and Public Safety Impact Fees, Consideration of Additional Updates to the Public Safety and Childcare Impact Fees, and Consideration of Additional Nexus Studies for New or Updated Impact Fees. Location: Citywide. CEQA: Exempt 15061(b)(3) & 15306 (FD/PD/PL)
Motion to:
1) Accept and approve the attached FY 2024 Impact Fee Report for the Childcare and Public Safety Impact Fees;
2) Provide direction to staff on potential amendments to the exemptions from the Childcare and Public Safety Impact Fees; and 3) Provide direction regarding preparation of possible nexus studies for future impact fees.
December 10, 2024 City Council 13
Public Hearings
30. Ordinances Related to Accessory Dwelling Units to Maintain Consistency with State Law, Remove Owner-Occupancy Requirements for Existing Accessory Dwelling Units, and to Allow for the Condominium Mapping and Separate Sale of Accessory Dwelling Units and Their Associated Primary Dwellings.
Ordinances Include: Emergency Ordinance Amending Santa Cruz Municipal Code Chapters 18.15, 24.08, 24.10, 24.12, and 24.16; Ordinance Amending Santa Cruz Municipal Code Chapters 23.04, 23.12, 23.37, 24.08, 24.10, and
24.16 and Adding New Section 24.16.165; Ordinance Amending Santa Cruz Municipal Code Chapters 24.08, 24.10, and Chapter 24.12; and Ordinance Amending Santa Cruz Municipal Code Section 18.15.040. Amendments to Chapter Sections 24.08.810a, 24.08.2140, 24.08.2200, 24.10.210, 24.10.310,
24.10.410, 24.10.510, 24.10.565, 24.10.603, 24.10.611, 24.10.619, 24.10.627,
24.10.632, 24.10.636, 24.10.1210, 24.12.240, and 24.12.250 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. (CEQA: Exempt Pursuant to CEQA Guidelines Section 15183 as a Project Consistent with the General Plan for Which an EIR Was Certified). (PL)
Motion to:
1) Adopt an Emergency Ordinance acknowledging the environmental determination and amending Santa Cruz Municipal Code Chapters 18.15,
24.08, 24.10, 24.12, and 24.16 to update the City’s local accessory dwelling unit regulations ensuring they remain valid and conform to the requirements of new state laws SB 1211 and AB 2533, which take effect January 1, 2025; 2) Acknowledge the environmental determination and introduce for publication an ordinance amending Santa Cruz Municipal Code Chapters
23.04, 23.12, 23.37, 24.08, 24.10, and 24.16 and Adding New Section
24.16.165, related to accessory dwelling units;
3) Acknowledge the environmental determination and introduce for publication an ordinance amending Santa Cruz Municipal Code Chapters
24.08, 24.10, and 24.12 related to accessory dwelling units and comprising parts of the LCP IP;
4) Direct the City Manager to submit the LCP IP amendments to the California Coastal Commission for approval, should they be formally adopted as part of a second reading; and
5) Acknowledge the environmental determination and introduce for publication an ordinance amending Santa Cruz Municipal Code Chapter 18.15 related to accessory dwelling units.
Recess - The City Council will recess no later than 4:15 p.m. to the 6:00 p.m. session.
December 10, 2024 City Council 14
City Council
6:00 PM
Call to Order
Roll Call
Presentations
31. Remarks by Outgoing Councilmembers Sandy Brown and Martine Watkins
32. Swearing-in and Seating of Councilmembers Gabriela Trigueiro (District 1), Sonja Brunner (District 2), Shebreh Kalantari-Johnson (District 3), and Susie O'Hara (District 5)
33. Election of New Vice Mayor
Adjournment
December 10, 2024 City Council 15
INFORMATION ITEMS PREVIOUSLY DISTRIBUTED TO CITY COUNCILMEMBERS ADDENDUM TO CITY COUNCIL AGENDA – DECEMBER 10, 2024
34. Economic Development and Housing: Third Amendment with Oswald, LLC - 11/21/24 (EDHFYI 002)
35. Economic Development and Housing: Fifth Amendment with Santa Cruz County Symphony Association, Inc. - 11/21/24 (EDHFYI 003)
MAYOR'S PROCLAMATIONS
ADDENDUM TO CITY COUNCIL AGENDA – DECEMBER 10, 2024
36. Proclaiming Saturday, November 30, 2024 as “Small Business Saturday Day” and encouraging all citizens to join in shopping local today and throughout the year.
37. Proclaiming November 19, 2024 as “Zach Friend Day” and encouraging all citizens to join in expressing heartfelt appreciation for his dedicated service, leadership, and numerous contributions and wishing him continued success as he transitions to the next chapter of his life, knowing that his contributions will have a lasting impact for generations to come.
38. Proclaiming November 19, 2024 as “Bruce McPherson Day” and encouraging all citizens to join in expressing heartfelt appreciation for his decades of dedicated service, leadership, and lasting contributions and wishing him all the best as he embarks on the next chapter of his life.
39. Proclaiming November 19, 2024 as “Anna Eshoo Day” and encouraging all citizens to join in expressing heartfelt appreciation for her exemplary service as a member of the United States House of Representatives; her dedication to the people of California’s 14th and 18th Congressional Districts; and her tireless advocacy for public health, consumer protection, transportation infrastructure, and bipartisan solutions.
December 10, 2024 City Council 16
MAYOR'S PROCLAMATIONS (continued)
40. Proclaiming November 19, 2024 as “Joe Simitian Day” and encouraging all citizens to join in expressing heartfelt appreciation for his decades of exemplary public service, from his leadership on the Palo Alto School Board and City Council to his work in the State Legislature and as a Santa Clara County Supervisor, and commending his lasting impact on our community.
41. Proclaiming November 2, 2024 as “Denise Cockrum Retirement Day” and encouraging all her coworkers and citizens to join in expressing heartfelt appreciation for her eighteen years of dedicated and exemplary service and numerous contributions to the Santa Cruz Police Department and the City of Santa Cruz and wishing her well in her retirement.
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
Sister Cities Committee 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.