M I N U T E S
Meeting of the
Scotts Valley City Council
Date: December 7, 2022
Time: 6:00 PM
CONTACT INFORMATION MEETING LOCATION POSTING
City of Scotts Valley
1 Civic Center Drive
Scotts Valley, CA 95066
(831) 440-5600
City Council Chambers
1 Civic Center Drive
Scotts Valley, CA 95066
and
Zoom Video Conference
The agenda was posted
at City Hall, the SV Public Works
Building, the SV Senior Center
and on the Internet at
www.scottsvalley.org
CALL TO ORDER 6:00 PM
The City Council meeting was called to order at 6:06 PM.
PLEDGE OF ALLEGIANCE and MOMENT OF SILENCE
ROLL CALL
ELECTED OFFICIALS PRESENT:
Donna Lind, Mayor
Jack Dilles, Council Member
Randy Johnson, Council Member
Derek Timm, Council Member
ELECTED OFFICIALS ABSENT:
Jim Reed, Vice Mayor
CITY STAFF MEMBERS PRESENT:
Mali LaGoe, City Manager
Kirsten Powell, City Attorney
Taylor Bateman, Community Development Director
Chris Lamm, Public Works Director/City Engineer
Cathie Simonovich, City Clerk
Lauren Lambert, Deputy City Clerk
COMMITTEE REPORTS
CM Dilles attended the Affordable Housing Subcommittee meeting along with CM Timm. The focus of the meeting was the Oak Creek Park project which will be discussed later in the agenda.
CM Dilles attended a meeting of the Integrated Waste Management Local Taskforce, and they discussed issues surrounding implementing organics recycling countywide.
CM Dilles attended a webinar which was presented by the State Legislative Analyst’s office where they made some predictions about where the economy and the state budget are heading.
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CM Dilles had a conversation about public banks with a retired banker. The County has put out Requests for Proposals for determining the viability of public banks.
CM Timm, as mentioned by CM Dilles, attended the Affordable Housing Subcommittee.
CM Timm, along with CM Johnson, attended a Town Center Subcommittee meeting where they focused on the timeline for the project.
CM Timm thanked the City Staff for putting together the Diversity, Equity and Inclusion (DEI) training. The training was very valuable, and the Council Members appreciated the opportunity to participate in the training.
CM Johnson attended a meeting of the Regional Transportation Commission (RTC).
They discussed the two phases of the EIR study which will analyze costs and projections of the potential rail system. CM Johnson voted against the EIR study; however it did pass.
CM Johnson attended the Town Center Subcommittee meeting and emphasized that the plan is moving forward.
Mayor Lind thanked the Exchange Club, the Police Department and the City Staff for supporting the annual tree lighting event, Light up the Night. This was a successful event, and the proceeds will go to Valley Churches United.
Mayor Lind, along with CM Timm, attended the ribbon cutting ceremony for Dientes in Santa Cruz.
CITY MANAGER REPORT
Historical Society: City Manager LaGoe thanked the Historical Society for the holiday lunch event for City Staff on December 6th. Staff enjoyed the food, the tours of the Scott House, seeing the artifacts, and visiting with the Historical Society members.
FlashVote: This is the City’s survey tool, and a new survey regarding the City’s recreation program was recently sent out. Please sign up for FlashVote by going to the City’s Facebook page. Once signed up, residents will be able to provide valuable feedback on a wide variety of topics of interest pertaining to Scotts Valley.
City Staffing: The City recently hired an analyst in the Public Works Department and a new Maintenance Supervisor will also be starting soon. The second round of interviews were completed for the position of Recreation Coordinator.
Community Garden: The Recreation Department has been revamping the Community Garden.
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Engineering: The demolition of the Public Works building will happen in the next couple of weeks. A lot of work has been completed in preparation for this to happen.
Additionally, the street stripping project is in process.
Public Outreach Videos: The City will be utilizing a free service provide by CGI, to create educational videos about Scotts Valley. This will be useful for both the City and local businesses.
Technology Improvements: The new phone system implementation is complete. This was a huge project several years in the making, and it greatly improves service to our customers. Related to this, the City invested in an online training program called Knowledge Wave.
Maintenance Crews: City Manager LaGoe thanked the Maintenance crews who have been out in the stormy weather making sure that the storm drains and the roads are clear.
PUBLIC COMMENT TIME
A video was shown to honor Vice Mayor Reed for his many years of service to Scotts Valley City Council.
ALTERATIONS TO CONSENT AGENDA
CM Johnson requested that Consent Agenda Item F and Consent Agenda Item G be moved to the regular agenda. The items were moved to the Regular Agenda as Item 1A and Item 1B, respectively.
CONSENT AGENDA
A. Approve City Council minutes of 11-16-2022 and 11-18-2022 B. Approve check registers dated 11-17-2022, 11-21-2022, and 12-01-2022 C. Approve City Council meeting schedule for 2023
D. Second reading and approval of Ordinance 157.2 amending Municipal Code Chapter 2.70 – Purchasing
E. Adopt Resolution No. 1991.2 accepting the Fiscal Year 2021-2022 AB 1600 Development Impact Fee Report
F. Award Parks Master Plan and Recreation Strategic Plan - moved to Regular Agenda Item 1.A
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G. Approve Skypark play structure purchase and installation – moved to Regular Agenda Item 1.B
M/S: Dilles/Timm
To approve the amended Consent Agenda, with Item F and Item G moved to the Regular Agenda as Item 1A and Item 1B, respectively.
Carried 4/0/1 (AYES: Dilles, Johnson, Lind, Timm; NOES: None; ABSENT: Reed)
ALTERATIONS TO REGULAR AGENDA
M/S: Dilles/Timm
To approve the Regular Agenda as amended to include Item 1A and Item 1B moved from the Consent Agenda.
Carried 4/0/1 (AYES: Dilles, Johnson, Lind, Timm; NOES: None; ABSENT: Reed)
REGULAR AGENDA
1A. Award Parks Master Plan and Recreation Strategic Plan 1B. Approve Skypark play structure purchase and installation CM Johnson had questions about the process for the Parks Master Plan and Recreation Strategic Plan and the fiscal aspects of both Item 1A and Item 1B . City Manager LaGoe and Public Works Director Lamm responded to the questions.
M/S: Johnson/Dilles
To approve Regular Agenda Item 1A and Item 1B.
Carried 4/0/1 (AYES: Dilles, Johnson, Lind, Timm; NOES: None; ABSENT: Reed)
1. CalPERS Pension Funding Policy approval and Section 115 Trust next steps City Manager LaGoe introduced this item and turned it over to Mike Myers and Matt DeFilippis from NHA Advisors. Mr. Myers and Mr. DeFilippis presented a PowerPoint presentation and responded to questions from Council
M/S: Timm/Johnson
To approve the Pension Funding Policy, adopt Resolution No. 2017.1 extending the Temporary Project Specific CalPERS Pension Cost Management Committee through June 30, 2023, and to authorize the City Manager and the Committee to evaluate and select a provider responsible for setting up the Section 115 Trust.
Carried 4/0/1 (AYES: Dilles, Johnson, Lind, Timm; NOES: None; ABSENT: Reed) DocuSign Envelope ID: DAC26934-7BCF-4DF1-A5ED-244C48BE3755 City Council Meeting Minutes Page 5
Date: December 7, 2022
PUBLIC HEARING(S) (To be heard after 6:30 p.m.)
1. Public Hearing: Consideration of the Planning Commission’s recommendation of approval for Environmental Review, a General Plan Amendment, Zone Change, Planned Development Zoning, Minor Land Division and Planned Development Permit/Design Review application to allow for the construction of a mixed use commercial and residential development on a 3.56-acre site at the intersection of Glen Canyon and Mt. Hermon Road (APN: 022-162-76). Project land uses include 24,973 square feet of commercial, eight townhomes, and 44 apartments.
Community Development Director Bateman introduced Susie Pineda, Contract Planner; and Bill Wiseman from Kimley Horn, California Environmental Quality Act (CEQA) Consultant. Both Ms. Pineda and Mr. Wiseman gave PowerPoint presentations. Written public comments received prior to the publishing of the agenda were included in the agenda packet. Written public comments that were received after the publishing of the agenda will be included as part of the official minutes. Also speaking were Charlie Eadie, Applicant; Greg Eggers, Property Owner; Todd Creamer, Project Engineer; and Matthew Thompson, Architect. The public hearing was opened at 7:52 PM
Public comments were received from the applicant Charlie Eadie, Tim Willoughby from Affordable Housing Now; and Scotts Valley residents Walt Heil, Bill Jaeger, Bennett Williamson, Bill Holl, Patrick Shay, Linda Kerner, and Carolyn DeLucia. The public hearing was closed at 8:39 PM
Adopt Resolution No. 2020 Certifying the Environmental Impact Report M/S: Dilles/Johnson
To adopt Resolution No. 2020 certifying a final Environmental Impact Report (EIR 19-004) for the Oak Creek Park project consisting of a mixed use commercial and residential development which includes 24,973 square feet of commercial, eight townhomes, and 44 apartments on a 3.56 acre parcel.
Carried 4/0/1 (AYES: Dilles, Johnson, Lind, Timm; NOES: None; ABSENT:
Reed)
Adopt Resolution No. 2020.1 Approving the General Plan Amendment M/S: Johnson/Dilles
To adopt Resolution No. 2020.1 approving a General Plan Amendment (GPA 18-001) to change the existing general plan land use designation on Lot 1 from service commercial to medium high density residential.
Carried 4/0/1 (AYES: Dilles, Johnson, Lind, Timm; NOES: None; ABSENT:
Reed)
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Introduce and approve first reading of Ordinance No. 16-ZC-232 Approving the Zone Change
M/S: Johnson/Dilles
To introduce Ordinance No. 16-ZC-232 to approve the Zone Change No.
ZC18-001 to change the zoning on Lot 1 from service commercial (C-S) to medium high residential (R-M-6) and waive the reading thereof.
Carried 4/0/1 (AYES: Dilles, Johnson, Lind, Timm; NOES: None; ABSENT:
Reed)
Introduce and approve first reading of Ordinance No. 16-ZC-233 Approving the Planned Development Zoning
M/S: Johnson/Dilles
To introduce Ordinance No. 16-ZC-233 to approve a Planned Development District Overlay (PD18-002) for the development of a mixed-use commercial and residential development which includes 24,973 square feet of commercial and 44 apartments, on a 3.56 acre parcel and waive the reading thereof.
Carried 4/0/1 (AYES: Dilles, Johnson, Lind, Timm; NOES: None; ABSENT:
Reed
Adopt Resolution No. 2020.2 Approving the Land Division M/S: Dilles/Johnson
To adopt Resolution No. 2020.2 approving the minor land division (MLD 18- 003) of the Oak Creek Park development to subdivide the existing 155,350 square foot parcel into two lots to allow a mixed use commercial and residential development which includes 24,973 square feet of commercial, eight townhomes, and 44 apartments located at the intersection of Mt.
Hermon Road and Glen Canyon Road with conditions of approval as amended by City Council direction this evening.
Carried 4/0/1 (AYES: Dilles, Johnson, Lind, Timm; NOES: None; ABSENT:
Reed)
Adopt Resolution No. 2020.3 Approving the Planned Development Permit and Design Review
M/S: Johnson/Dilles
To adopt Resolution No. 2020.3 approving the Planned Development Permit (PD 18-002) and Design Review Permit (DR 18-007) for the Oak Creek Park project, a mixed use residential and commercial project which includes 24,973 square feet of commercial, eight townhomes, and 44 apartments located at the intersection of Mt. Hermon Road and Glen Canyon Road with conditions of approval as amended by City Council direction this evening.
Carried 4/0/1 (AYES: Dilles, Johnson, Lind, Timm; NOES: None; ABSENT:
Reed)
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Date: December 7, 2022
REGULAR AGENDA (resumed)
2. Future Council agenda items
None
ADJOURNMENT
The meeting adjourned at 10:19 PM.
Approved: _____________________________
Jack Dilles Mayor
Attest: ___________________________
Cathie Simonovich, City Clerk
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December 4, 2022
Scotts Valley City Council, via email
RE: Public Comment - Residential Concerns
Oak Creek Park Develop Plan, APN: 022-162-76, corner of Glen Canyon and Mt. Hermon Road
Dear distinguished members of the Scotts Valley City Council:
My wife Tiffiny and I have lived in Scotts Valley for over two decades. We have had the pleasure of getting to know some of you through sports and working together to improve our schools.
We reside at , Scotts Valley, CA 95066 Our home is directly behind the northeast corner of the Proposed Mixed Use Building A on Lot 2 of the Oak Creek Park construction project.
I find it interesting that the meeting minutes provided by the Scotts Valley Planning Commission for both the June 9th and September 8th meetings contain attachments that promote the Development but exclude my comment letters provided to the Planning Commission in advance of each of those respective meetings. I have attached copies of my correspondences to this letter.
Tiffiny expressed our concerns at the Scotts Valley Planning Commission meeting on June 9, 2022, and I reiterated them again at the September 8, 2022 meeting. Unfortunately, we feel that most of the concerns we raised were summarily dismissed by the Project Applicant as well as a vocal member of the Scotts Valley Planning Commission who expressly indicated all concerns raised by neighboring parties had been properly addressed.
Please note that we are not trying to stand in the way of the overall Oak Creek Park development plan.
We are merely asking for your due consideration of the concerns I outline below before proceeding with your vote on the Oak Creek Park development plan.
Issue 1: Six Coastal Redwoods:
One of our major concerns is associated with the health of the six Coastal Redwoods lining the back of my property and the northeast side of the Building A proposed development and any personal or property liability we may have should these trees die as a result of this development. These are the Protected Trees 3A, 4A, 5A, 6A, 7A and 8A in the Tree Assessment Chart - Appendix A on page 17 and the Tree Protection Plan on page 21 of the certified Arborist Report issued on November 10, 2022.
We consistently represented in both Planning Commission meetings that the root systems of a Coastal Redwood may run several feet deep and up to one hundred feet outward from the trunk. We have also noted that these Redwoods likely rely on underground springs running along the properties down the Mount Herman side of the Lucia Lane properties adjacent to this proposed development.
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The Building A development plans in Diagram A2.0 appear to show a four-story complex on Lot 2 with the northeast corner of Building A just twenty feet from my adjacent property line. Assuming I have properly interpreted the architectural plan Diagram A6.1, the bottom two stories (underground parking / commercial space, see Page 237 of the City Council agenda documents) will be below grade just twenty feet from my property line and less than 25 feet from my protected Coastal Redwoods.
I specifically questioned during the September 8, 2022 meeting how the Applicant can indicate that only minimal grading not more than 12” (per page 9 of the September meeting notes) will occur near my property line when the Applicant will apparently need to dig over 20 feet down just 20 feet from our adjoining property lines (and less than 25 feet from my Redwoods) in order to build the two-story underground parking structure. See Site Diagram A6.1 for the pictorial view I am referring to. This major excavation within 25 feet of my mature Redwoods will highly likely impact 75% of my Redwoods’ root systems in that area. I cannot see how this will not impact the long-term health of our Redwoods. I find the Applicant’s not more than 12” grading representation to be intentionally misleading. It appears that the independent arborist has also relied upon this representation in drawing his conclusions per page 12 of his report that the construction will likely have a “low impact” on my Coastal Redwoods. I am also curious how the Arborist can be independent when hired and paid for by the Applicant.
I am asking the City Council to consider having the Applicant and Independent Arborist relook at these representations and findings.
A potential remedy would be for the Applicant to indemnify me against any personal or property damage claims should my Redwoods die and harm another within an agreed to period following the construction.
Issue 2: Trash Bin location
We have also highlighted that I am what is called a “sensitive receptor” as described in the Environmental Impact Report. I have noted that I am highly sensitive and subject to migraines due to various odors and allergens. I remain very concerned about the impact on my health and well-being in that the major trash receptacles (four industrial size trash bins) for the property will be situated approximately 25 feet from the back of my adjacent property line. I understand that my estimated 25 feet setback conflicts with the Applicant’s 45 feet setback representation on page 9 of the September 8th Planning Commission meeting minutes. My estimate is based on the Site Diagram A2.0 which shows the northeast corner of Building A on Lot 2 will be right up to the 20-foot setback with the 10 by 30-foot trash bin enclosure located just south of that northeast corner of Building A. It sure does not appear to be 45 feet away from my property.
We ask the City Council to consider having the Applicant seriously consider whether there are any other locations on the 3.5-acre property that can house these trash receptacles in addition to confirming their assertions regarding the location of the bins. We unfortunately feel they have not yet attempted to actually address our concerns with this mass garbage bin location.
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Issue 3: Parking Lot Ventilation
Considering the prevailing onshore winds, we have raised a similar concern about how the parking lot will vent fumes directly into our property. This will in turn impact my health and our enjoyment of our home. I asked whether there are any venting options to minimize this potential impact. The only response we obtained from the Applicant is that they will rely on natural venting that is in compliant with State building regulations.
We ask the City Council to consider whether there are any parking lot ventilation mitigations that can be further explored.
Issue 4: Building Height Exception
We ask the City Council to consider whether it is in Scotts Valley’s best interests to allow an over 10 foot exception to our existing building height codes. This exception will likely lead to even further exceptions in the future.
Please contact me on my cell number noted below if you wish to discuss any of the above matters directly.
Thank you for your consideration of the concerns we have raised regarding the proposed Oak Creek Park development.
Sincerely,
Patrick Shay
Scotts Valley, CA 95066
Attachments:
Comment letter to City of Scotts Valley Planning Commission delivered via email dated June 9, 2022 Comment letter to City of Scotts Valley Planning Commission delivered via email dated September 6, 2022
CC: City of Scotts Valley Planning Commission, via email.
DocuSign Envelope ID: DAC26934-7BCF-4DF1-A5ED-244C48BE3755 DocuSign Envelope ID: DAC26934-7BCF-4DF1-A5ED-244C48BE3755 DocuSign Envelope ID: DAC26934-7BCF-4DF1-A5ED-244C48BE3755 From: Alasdair Drysdale
Sent: Tuesday, December 6, 2022 1:20 PM
To: Susie Pineda <[email protected]>
Subject: Re: Oak Creek Development
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you know the content is safe. Be aware that the sending address can be faked or manipulated.
Hi Susie,
In case I don’t make it to the meeting tomorrow, I just wanted to reiterate some points that I don’t think have been addressed. Sorry to sound like a broken record.
1. We still have not seen an artist’s rendering of what the project would look like from Thomas Terrace, despite two requests. This suggests the developer doesn’t care what his neighbors think. In the absence of being able to see this, it’s impossible to support the development.
2. We are deeply concerned about how the closest townhouses can be built with the ground floor level with our property when there is such a steep slope and drop off at that corner (see photo). Something doesn’t add up. Can the slope map be checked for accuracy? Can the city engineer take a look? As currently proposed the last townhouse would have to be substantially higher than Mt Hermon Rd.
3. We still have not heard whether that last block of townhouses can be built at a lower grade so that they do not impede our view so much. Incidentally this would also address concern #2.
4. We would like confirmation that the developer will build an attractive fence, provide screening vegetation, and seek approval from the Fire Dept of a wooden gate.
Best
Alasdair
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