CITY OF SANTA CRUZ
809 Center Street
Santa Cruz, California 95060
CITY COUNCIL AGENDA
Regular Meeting – August 9, 2022
Updated August 5, 2022 – Item 29
Updated August 8, 2022 – Items 19 and 29
12:30 P.M. CLOSED SESSION, COUNCIL CHAMBERS/ZOOM
3:00 P.M. CONSENT, CONSENT PUBLIC HEARINGS, AND GENERAL BUSINESS,
COUNCIL CHAMBERS/ZOOM
5:30 P.M. ORAL COMMUNICATIONS, COUNCIL CHAMBERS/ZOOM
IMPORTANT NOTICE:
Pursuant to California Government Code 54953(e)(1)(A) and (C), and the City of Santa Cruz’s resolution authorizing continued virtual participation in public meetings given the COVID-19 pandemic, meetings of the Santa Cruz City Council are being conducted with a hybrid format, providing both in-person and virtual participation in order to promote social distancing and protect the health and safety of attendees, staff, and Councilmembers.
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” 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 2 minutes.
Correspondence to be included in the agenda packet must be received by 5:00 pm on Monday, August 8th.
August 9, 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, August 7th 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
12:30 PM
Referral to Closed Session
1. City-owned Property Located on Mount Hermon Road in Scotts Valley, CA, APNs 022-721-07, 022-721-08, and 002-721-09 (ED)
Motion to refer to Closed Session for discussion regarding price, terms of payment, or both.
2. 333 Locust Street, APN 005-033-03 (ED)
Motion to refer to Closed Session for discussion regarding price, terms of payment, or both.
Closed Session
3. Conference With Legal Counsel – Liability Claims (Government Code §54956.95)
1) Claimant: Denise Susan Barr
2) Claimant: Progressive West Insurance Company
Claims against the City of Santa Cruz
August 9, 2022 City Council 3
Closed Session (continued)
4. 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
5. Conference with Legal Counsel – Existing Litigation (Govt. Code §54956.9(d)(1))
1) City of South Miami v. DeSantis
11th Cir. No. 21-13657 (request for amicus curiae joinder) 2) City of Santa Cruz v. Regents of the University of California, et al. (Santa Cruz County Superior Court Case No. 22CV00373)
3) Sunset Farms, LLC v. City of Santa Cruz
Santa Cruz County Superior Court Case No. 19CV01725
August 9, 2022 City Council 4
Closed Session (continued)
6. Real Property Negotiations (Government Code §54956.8) 1) Property: Approximately 8.15 acres located on Mount Hermon Road in Scotts Valley, CA
APNs: 022-721-07, 022-721-08, 022-721-09
Owner: City of Santa Cruz
City Negotiator: Bonnie Lipscomb
Negotiating Parties: City of Santa Cruz and City of Scotts Valley Under Negotiation: Price, terms of payment, or both
2) Property: 333 Locust Street
APN: 005-033-03
Owner: Smith Laura Trustee, Mathews William G. and Cynthia S.
Trustees, and Smith Sara Wood, Trustee
City Negotiator: Bonnie Lipscomb
Negotiating Parties: City of Santa Cruz and Laura Smith Trustee et al.
Under Negotiation: Potential Acquisition including price, terms of payment, or both
August 9, 2022 City Council 5
City Council
3:00 PM
Call to Order
Roll Call
Presentation
7. Central Coast Community Energy Annual Update
Presiding Officer's Announcements
Statements of Disqualification
Additions and Deletions
City Attorney Report on Closed Session
City Manager Report
8. The City Manager will report and provide updates on the City's business and events of interest.
Council Meeting Calendar
9. The City Council will review the meeting calendar attached to the agenda and revise it as necessary.
August 9, 2022 City Council 6
Consent Agenda
10. 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.
11. Minutes of the June 28, 2022 City Council Meeting (CC) Motion to approve as submitted.
12. Certification of Canvass of the June 7, 2022 Primary Election (CC) Resolution confirming and approving the certificate of canvass of ballots and returns for the City of Santa Cruz Primary Election held on June 7, 2022, and declaring the following results:
• Measure E (District Elections) passed by a majority vote of the electorate of the City of Santa Cruz, thus amending the City’s Charter and transitioning to six council districts and an at-large Mayor beginning at the November 8, 2022 election.
• Measure F (Sales and Use Tax) failed, with a majority of the electorate of the City of Santa Cruz voting against.
13. Resolution Ordering an Election for Two Council Seats, Districts 4 and 6, and Mayor for the November 8, 2022 Statewide General Election (CC)
Resolution ordering an election, requesting the County Elections Department to conduct the election, and requesting consolidation of the election with the November 8, 2022 Statewide General Election.
August 9, 2022 City Council 7
Consent Agenda (continued)
14. Support for the Protection of Reproductive Rights and Various California Legislative Bills (CN)
Motion to:
1) Adopt a resolution expressing the Santa Cruz City Council’s support for the protection of reproductive rights; and
2) Authorize the Mayor to send a letter to state legislators on behalf of the City Council in support of California Assembly Bill 133 (AB 133), Senate Bill 245 (SB 245), Assembly Bill 1356 (AB 1356), Assembly Bill 1666 (AB 1666), Assembly Bill 1918 (AB 1918), Assembly Bill 2091 (AB 2091), Assembly Bill 2134 (AB 2134), Assembly Bill 2223 (AB 2223), Assembly Bill 2626 (AB 2626), and Senate Bill 374 (SB 374).
15. Sister Cities Committee Member Code of Conduct Issues (CN) Resolution admonishing a Sister Cities Committee Member for disrespectful conduct toward a City employee.
16. Liability Claims Filed Against the City of Santa Cruz (FN) Motion to reject the liability claim of a) Denise Susan Barr; and to return as late the claim of b) Progressive West Insurance Company, based on staff recommendation.
17. Water Street Signal Interconnect Conduit Project (c401602) – Notice of Completion (PW)
Motion to accept the work of Alfaro Communications Construction, Inc. (Compton, CA) as completed per the plans and specifications and authorize the filing of the Notice of Completion for Water Street Signal Interconnect Conduit Project (c401602).
18. State Route 1/9 Intersection Improvements (c400805) – Contract Amendment 1 (PW)
Motion to approve Contract Amendment 1 to an agreement with WSP USA, Inc. (Dallas, TX) to provide construction management services for the State Route 1/9 Intersection Improvement Project (c400805).
August 9, 2022 City Council 8
Consent Agenda (continued)
The below item was updated to correct the proposal amount in the agenda report and replace the proposal attachment.
19. CCTV Inspection Van – Award Contract (PW)
Motion to award a contract for the purchase of one replacement CCTV Inspection Van from Jack Doheny Company, (Antioch, CA) in the amount of $327,945.34.
20. Graham Hill Water Treatment Plant Gate Entrance Replacement Project – Notice of Completion (WT)
Motion to accept the work of Anderson Pacific Engineering Construction, Inc. (Santa Clara, CA) as complete per the plans and specifications and authorizing the filing of a Notice of Completion for the Graham Hill Water Treatment Plant Gate Entrance Replacement Project and to authorize the Water Director to sign the Notice of Completion as the Owner’s Authorized Agent.
21. Resolution to Reimburse Capital Expenditures from Future State Water Resources Control Board Financing for Newell Creek Pipeline Replacement Project (WT)
Resolution authorizing the Water Department to be reimbursed by State Water Resources Control Board (SWRCB) for costs related to the Newell Creek Pipeline Replacement Project.
22. Santa Cruz Grand Jury Response (WT)
Motion to authorize the Mayor to respond to the Santa Cruz Civil Grand Jury on behalf of the City of Santa Cruz.
23. Beltz Water Treatment Plant Filter Rehabilitation Project – Notice of Completion (WT)
Motion to accept the work of ERS Industrial Services, Inc. (Fremont, CA) as complete per the plans and specifications and authorizing the filing of a Notice of Completion for the Beltz Water Treatment Plant Filter Rehabilitation Project and to authorize the Water Director to sign the Notice of Completion as the Owner’s Authorized Agent.
August 9, 2022 City Council 9
Consent Agenda (continued)
24. Laguna Creek Diversion Retrofit Project – Notice of Completion (WT) Motion to accept the work of Granite Rock Construction, Inc. (Watsonville, CA) as complete per plans and specifications and authorizing the filing of a Notice of Completion for the Laguna Creek Diversion Retrofit Project and to authorize the Water Director to sign the Notice of Completion as the Owner’s Authorized Agent.
25. Ratification of $100,000 Application Fee for Water Infrastructure and Finance Innovation Act Loan and Related Budget Adjustment (WT) Resolution to approve the budget adjustment ratifying the July 15, 2022 payment of $100,000 Water Infrastructure and Finance Innovation Act application fee and appropriating funds from the Water Department FY 2023 budget for the application fee.
End Consent Agenda
Consent Public Hearings
26. 2nd Reading and Final Adoption of Ordinance No. 2022-11 Second Amendment of the 555 Pacific Avenue Apartments Development Agreement (ED/PL)
Motion to adopt Ordinance No. 2022-11 approving the second amendment of the development agreement between Green Valley Corporation and the City of Santa Cruz for 94 residential condominiums and 4,680 square feet of commercial space within four separate tenant spaces fronting on Pacific Avenue at 555 Pacific Avenue.
27. 109 S. Rapetta Rd. (Application No. CP21-0060) - Assessor’s Parcel Numbers 008-391-15, -16, and -18 – Final Map Amendment and Major Modification to Planned Development Permit #97-279 to Amend the El Rancho Carbonera Subdivision Map and Modify Lot B to Allow For Residential Development on a Parcel Located in the R-1-7 (Single Family Residence) Zoning District (PL)
Resolution acknowledging the environmental determination and approving the Final Map Amendment and Major Modification, as designed in Alternative 2, to allow for residential development on Lot B in the El Rancho Carbonera Subdivision subject to the attached conditions of approval.
August 9, 2022 City Council 10
General Business
28. Transportation and Public Works Commission Appointment (CC) Appoint one member to the Transportation and Public Works Commission, with a term ending January 31, 2024.
Exhibit A for the below item was amended (8/5/22).
The agenda report and resolution for the below item were updated to amend the proposed ballot question (8/8/22).
29. Resolution Requesting the Placement of a Transient Occupancy Tax Increase on the Ballot of the November 8, 2022 California Statewide General Election (CN)
Motion to:
1) Accept an update on the recent work of the City Council Ad Hoc Budget and Revenue Committee; and
2) Adopt a resolution requesting that the consolidated November 8, 2022 California Statewide General Election include a general purpose tax measure proposing that the City of Santa Cruz’ current Transient Occupancy Tax rate of eleven percent (11%) be increased to twelve percent (12%) for hotels, motels, inns, and other commercial lodging facilities; and from eleven percent (11%) to fourteen percent (14%) for short-term residential vacation rental properties; and
3) Support the measure for the purposes of: authorizing arguments; providing direction regarding the authors; directing the City Attorney to prepare the impartial analysis; and providing direction to the City Manager regarding the preparation of the fiscal analysis, as appropriate.
Oral Communications
5:30 PM
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.
Adjournment
August 9, 2022 City Council 11
INFORMATION ITEMS PREVIOUSLY DISTRIBUTED TO CITY COUNCILMEMBERS ADDENDUM TO CITY COUNCIL AGENDA – AUGUST 9, 2022
30. Finance Department: Portfolio Management Report – Pooled Cash and Investments as of June 30, 2022 - 7/26/22 (FNFYI 357)
MAYOR'S PROCLAMATIONS
ADDENDUM TO CITY COUNCIL AGENDA – AUGUST 9, 2022
31. Proclaiming July 21, 2022 as “Willy Elliott-McCrea Day” and encouraging all citizens to join in expressing heartfelt appreciation for his forty-four years of service and his numerous contributions to provide nourishment for those in need and wishing him well in his retirement.
Advisory Body Appointments
The following positions are vacant. Council will make appointments at a future meeting.
No current openings at this time.
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.
August 9, 2022 City Council 12
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.