CITY OF SANTA CRUZ
809 Center Street
Santa Cruz, California 95060
CITY COUNCIL AGENDA
Regular Meeting – June 14, 2022
Updated June 13, 2022 – Change in meeting location
9:30 A.M. CLOSED SESSION, ZOOM
11:30 A.M. CONSENT, GENERAL BUSINESS AND PUBLIC HEARINGS, ZOOM 6:00 P.M. ORAL COMMUNICATIONS AND GENERAL BUSINESS, ZOOM IMPORTANT NOTICE - COVID-19 ANNOUNCEMENT: Due to the rise of local COVID cases, in an abundance of caution, this meeting will be held via teleconference ONLY.
In order to minimize exposure to COVID-19, the meeting may be viewed remotely, using any of the following sources:
Click on Zoom link (no time delay): https://zoom.us/j/94684401344 Online at http://www.cityofsantacruz.com/government/city-council/council-meetings Online at Watch – Community Television of Santa Cruz County Comcast Channel 25
Or: Call any of the numbers below. If one is busy, try the next one. 1-833-548-0276 (Toll Free)
1-833-548-0282 (Toll Free)
1-877-853-5247 (Toll Free)
1-669-900-9128
Enter the meeting ID number: 946 8440 1344
When prompted for a Participant ID, press #.
Press *9 on your phone to “raise your hand” or select “Raise Hand,” in the webinar controls on your device when the Mayor calls for public comment. It will be your turn to speak when the Mayor calls on you. Press *6 to unmute yourself.
The timer will then be set to 3 minutes.
Correspondence to be included in the agenda packet must be received by 5:00 pm on Monday, June 13th.
June 14, 2022 City Council 2
PLEASE NOTE:
Requests for extra speaking time on items other than Oral Communications must be made by 5:00 p.m. on Sunday, June 12th by emailing the Mayor and the City Clerk.
Approval will be confirmed via email.
[email protected] [email protected]
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.
Closed Session
9:30 AM
Closed Session
1. Conference with Labor Negotiators (Government Code §54957.6) SEIU Temporary Employees
SEIU Service Employees
Mid Managers, OE3
Supervisors, OE3
Fire Management
Fire, IAFF
Police Management
Police Officers Association
Executives
City Negotiator - Lisa Murphy
2. Public Employee Performance Evaluation (Government Code §54957) City Attorney
June 14, 2022 City Council 3
Closed Session (continued)
3. Conference with Legal Counsel - Existing Litigation (Government Code §54956.9(d)(1))
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)(4))
Initiation of litigation (one potential case)
June 14, 2022 City Council 4
11:30 AM
Call to Order
Roll Call
Presentation
5. Mayoral Proclamation Declaring June 15, 2022 as World Elder Abuse Awareness Day
Presiding Officer's Announcements
Statements of Disqualification
Additions and Deletions
City Attorney Report on Closed Session
City Manager Report
6. The City Manager will report and provide updates on the City's business and events of interest.
Council Meeting Calendar
7. The City Council will review the meeting calendar attached to the agenda and revise it as necessary.
June 14, 2022 City Council 5
Consent Agenda
8. Resolution Authorizing the City to Continue Teleconferenced Public Meetings Pursuant to Assembly Bill 361 (CA)
Resolution authorizing legislative bodies of the City of Santa Cruz to continue the use of teleconferenced meetings pursuant to Assembly Bill 361.
9. Minutes of the May 24, 2022 City Council Meeting (CC) Motion to approve as submitted.
10. Minutes of the May 25, 2022 City Council Special Meeting (CC) Motion to approve as submitted.
11. Santa Cruz County Latino Affairs Commission Nomination (CC) Motion to nominate Pablo Velasquez as a Santa Cruz County Latino Affairs Commissioner.
12. Library Financing Authority Joint Powers Agreement (CM) Motion to approve the Fourth Amendment to the Joint Exercise of Powers Agreement Establishing the Santa Cruz County Library Financing Authority, and authorize the City Manager to sign the amendment, in a form to be approved by the City Attorney.
13. Contract for Operation of the Safe Parking Tier 3 Program (CM) Motion to authorize and direct the City Manager to execute a contract, in a form approved by the City Attorney, with the Association of Faith Communities for Safe Parking Tier 3 operation.
14. Award Contract for Graffiti Abatement Services (ED) Motion to accept the bid from Graffiti Protective Coatings, Inc. for graffiti abatement services in the amount of $125,000 and authorize the City Manager to execute an agreement, in a form approved by the City Attorney, with Graffiti Protective Coatings, Inc.
June 14, 2022 City Council 6
Consent Agenda (continued)
15. Equitable Community Revitalization Grant Program – Authorization to Apply for and Accept Grant Awards for the Pacific Station South, Jessie Street Marsh, and Lower Main Meadow, Pogonip Open Space Projects (ED)
Resolution authorizing and directing staff to apply for and accept grant funds for three separate applications to the California Department of Toxic Substances Control (DTSC) for the Equitable Community Revitalization Grant (ECRG) Program to assist with soils investigation and/or hazardous materials remediation for each of the Pacific Station South, Jessie Street Marsh, and the Lower Main Meadow, Pogonip Open Space project sites. (Attachments 1-3), and authorizing the City Manager to execute any agreements or documents necessary for acceptance and implementation of the grant(s).
16. Contractor Living Wage Rate Annual Prescription for 2022 (FN) Resolution upwardly indexing the prescribed minimum living wage rate for contract workers where the contractor employer provides minimum vacation leave, sick leave and health insurance benefits for its employees, and an alternate higher minimum living wage to be paid where the contractor employer does not provide each of those minimum benefits for its employees, along with other
conditions/definitions related to value of the contract, trainee status, etc. by 5.20%, the amount which corresponds to San FranciscoOakland-Hayward Area Consumer Price Index (CPI) for Urban Wage Earners and Clerical Workers, for the period ending October 31, 2021, to become effective July 1, 2022; and rescinding Resolution No. NS29,772.
17. General Obligation Refunding Bonds – Tax Rate Authorization (FN) Resolution setting the tax rate for FY 2023 with respect to the City’s General Obligation Refunding Bonds.
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Consent Agenda (continued)
18. FY 2023 Funding for Senate Bill 1 Road Maintenance and Rehabilitation Account (RMRA) (PW)
Motion to:
1) Adopt a resolution approving the FY 2023 allocation of SB 1 Road Maintenance and Rehabilitation Account funds and authorizing the City Manager to submit the project list to the California Transportation Commission; and
2) Adopt a resolution transferring and appropriating funds in the amount of $566,449 from the Gas Tax Fund (Fund 221) to reflect anticipated RMRA revenues.
19. Citywide Vegetation Management – Change Order (PW)
Motion to approve a change order for Citywide Vegetation Management with Lewis Tree Service (Santa Cruz, CA) in the amount of $24,000.
20. Measure D Expenditure Plan: FY 2023-2027 (PW)
Motion to approve the proposed Measure D Five-Year Expenditure Plan for FY 2023-2027.
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Consent Agenda (continued)
21. Murray Street Bridge Seismic Retrofit and Barrier Rail Replacement (c409321) – Approval of Plans and Specifications and Authorization to Advertise and Award; Approval of Request for Proposals for Construction Management Services and Authorization to Advertise and Award Contract (PW)
Motion to:
1) Approve the plans and specifications for the Murray Street Seismic Retrofit and Barrier Rail Replacement Project (c409321) and authorize staff to advertise for bids and award the contract. The City Manager is hereby authorized and directed to execute the contract in a form approved by the City Attorney. The Public Works Director is authorized to execute change orders within the approved project budget; and 2) Approve the Request for Proposals for Construction Management Services and authorize staff to advertise for proposals and award the contract. The City Manager is hereby authorized and directed to execute the contract in a form approved by the City Attorney. The Public Works Director is authorized to execute change orders within the approved project budget.
22. Senate Bill 743 Implementation - Analysis of Transportation Impacts (PW)
Motion to adopt the updates to the City of Santa Cruz SB 743 Implementation Guidelines to reflect changes supporting a range of residential development types.
23. West Cliff Stairs Rehabilitation (m401402) - Approve Change Order (PW)
Motion to approve a change order with Tom Ralston Concrete (Santa Cruz, CA), to improve ocean access at Steamer Lane. The City Manager is hereby authorized and directed to execute the contract in a form approved by the City Attorney. The Public Works Director is authorized to execute change orders within the approved project budget.
End Consent Agenda
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Consent Public Hearing
24. Cooperative Retail Management Business Real Property Improvement District Assessments for FY 2023 (ED)
Resolution confirming the Cooperative Retail Management Business Real Property Improvement District Annual Plan FY 2023 and levying Cooperative Retail Management Business Real Property Improvement District Assessments for FY 2023.
25. Downtown Association: Parking and Business Improvement Area Assessments for FY 2023 (ED)
Resolution confirming the Parking and Business Improvement Area FY 2023 Plan prepared by the Downtown Association and levying the Parking and Business Improvement Area Assessments for FY 2023.
General Business
26. Parks and Recreation Commission Appointment (CC)
Appoint one member to the Parks and Recreation Commission, with a term ending January 31, 2023.
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General Business (continued)
27. Fiscal Year 2023 Proposed Budget Adoption (FN)
Motion to:
1) Adopt a resolution adopting the Fiscal Year (FY) 2023 Budget including the Capital Investment Program (CIP), effective July 1, 2022; authorizing the City Manager to allocate within the applicable Funds the FY 2023 Budget Schedule of Budget Changes to the appropriate accounting classifications and to approve related and applicable transfer in/out between funds; and authorizing the Finance Director to create additional appropriations to provide for commitments carried over from the prior fiscal year, including contract and purchase order encumbrances and unexpended project balances, so long as there is a sufficient fund balance to finance these commitments; and 2) Adopt a resolution amending the Classification and Compensation Plans for the new FY 2023 Budget Personnel Complement by implementing the approved FY 2023 Budget/Position changes in several departments; and
3) Approve and appropriate funds for the FY 2023 Priority 1 Capital Investment Program projects as funding becomes available; and 4) Accept the Water Commission’s recommendations regarding the Water Department’s FY 2023 Operating and Capital Investment Program (CIP).
28. Emergency Ordinance Amending Chapter 16.02 (Water Conservation) of the Santa Cruz Municipal Code (WT)
Motion to adopt an emergency ordinance prohibiting and regulating certain uses of water from the City water supply system not essential to the public health and safety and for water conservation purposes.
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General Business (continued)
Please note:
The Public Comment period for the below item will be for 29.1 and 29.2. Group requests for extra speaking time will be limited to a total of four groups, with an allotment of 2 minutes each. Requests for extra speaking time must be emailed to the City Clerk and Mayor Brunner by 5:00 p.m. on Sunday, June 12th. Approval will be on a first come, first serve basis, and will be confirmed via email.
[email protected] [email protected]
Public comment will be limited to no more than a total of 30 minutes. Each speaker will have 1 minute.
29. Housing Element
29.1. Approval of a Contract with Kimley-Horn and Associates for Consultant Services for the 6th Cycle Housing Element Update (PL)
Direct the City Manager to execute the contract, in a form approved by the City Attorney, with Kimley-Horn and Associates in the amount of $260,769 to procure consultant services to complete the 6th Cycle Housing Element Update.
29.2. Resolution Providing Guidance to the City’s 6th Cycle Housing Element (CN)
Resolution providing guidance to the City 6th Cycle Housing Element Update process.
Recess - The City Council will recess to the 6:00 p.m. session.
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City Council
6:00 PM
Call to Order
Roll Call
Oral Communications Announcement – Community members may address the Council for three minutes or less about any matter not on the agenda. 30 minutes is allocated for Oral Communications. No extra time for groups will be granted.
Oral Communications
General Business
Please note – Public Comment:
Group requests for extra speaking time will be limited to a total of four groups, with an allotment of 2 minutes each. Requests for extra speaking time must be emailed to the City Clerk and Mayor Brunner by 5:00 p.m. on Sunday, June 12th. Approval will be on a first come, first serve basis, and will be confirmed via email.
[email protected] [email protected]
Public comment will be limited to no more than a total of 30 minutes. Each speaker will have 1 minute.
June 14, 2022 City Council 13
General Business (continued)
30. Downtown Plan Expansion, Preferred Development Scenario for Study under CEQA (PL)
Motion to direct staff to initiate work on an Environmental Impact Report (EIR) relating to the area identified for expansion of the boundary of the Downtown Plan, and provide that the preferred development scenario include the following: a minimum of 1,800 housing units; maximum heights of 225 feet for one taller building element, 185 feet for three taller elements, and 145 feet of one taller element, with each height being inclusive of anticipated height increases associated with a 50% density bonus and with the taller building elements comprising only a portion of shorter podium building forms; an option for auto circulation including the permanent closure of Spruce Street east of Pacific Avenue; the creation of new civic space in the closed Spruce Street right of way; enhanced pedestrian connections between the Downtown and the beach; and options for the location of a permanent arena facility for the Santa Cruz Warriors, with a preferred location being on the south side of Spruce Street between Pacific Avenue and Front Street.
Adjournment
June 14, 2022 City Council 14
INFORMATION ITEMS PREVIOUSLY DISTRIBUTED TO CITY COUNCILMEMBERS Addendum to City Council Agenda - June 14, 2022
31. Portfolio Management Report – Pooled Cash and Investments as of April 30, 2022 - 5/12/22 (FNFYI 354)
MAYOR'S PROCLAMATIONS
Addendum to City Council Agenda - June 14, 2022
32. Proclaiming Monday, May 23, 2022 as “Santa Cruz Surfing Statue Day” and encouraging all citizens to join in celebrating the original members of the Santa Cruz Surfing Club for their vision and contributions to our community, while never forgetting this coming Memorial Day weekend those “49 frogs on the wall” in Washington, DC, who sacrificed for all Americans—including past, present, and future surfers.
33. Proclaiming the month of May 2022 as “Asian American, Native Hawaiian, and Pacific Islander Heritage Month” and encouraging all citizens to join in honoring AANHPIs and their multitude of contributions that have enriched our City and country.
34. Proclaiming the month of June 2022 as “Men’s Health Month” and the week leading up to an including Father’s Day, June 13–19, 2022, as “Men’s Health Week” and encouraging all citizens to pursue preventative health practices and early detection efforts throughout the year.
35. Proclaiming the month of June 2022 as “LGBTQ+ Pride Month” and urging all residents to recognize the contributions made by members of the LGBTQ+ community and to actively promote the principles of equality, liberty, and justice.
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MAYOR'S PROCLAMATIONS (continued)
Addendum to City Council Agenda - June 14, 2022 (continued)
36. Proclaiming Sunday, June 5, 2022 as “Assemblymember Mark Stone Day” and encouraging all citizens to join in honoring him and thanking him for his numerous contributions on behalf of the LGBTQ+ community.
37. Proclaiming Friday, June 24, 2022 as “Santa Cruz Rotary Club President Jeanette Pagliaro Day” and encouraging all citizens to celebrate her service to the community of Santa Cruz, California, and its tradition of doing so with fun and fellowship.
Advisory Body Appointments
The following positions are vacant. Council will make the appointments at a future meeting.
Transportation and Public Works Commission One opening
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.
June 14, 2022 City Council 16
City Council Agenda Legislative History Addendum
No information was submitted.
City staff is responsible for providing the City Clerk with such documentation and information for the Legislative History Addendum. The information will be on file in the City Clerk’s Department.
The Addendum is a listing of information specific to City Council business, but which does not appear on a Council meeting agenda. Such entities would include, but not be limited to: Court decisions, Coastal Commission Appeals of City Council actions, Closed Session Agreements/Settlements, which are public record, Association of Monterey Bay Area Governments, Local Agency Formation Commission.