CITY OF SANTA CRUZ
809 Center Street
Santa Cruz, California 95060
CITY COUNCIL AGENDA
Regular Meeting – February 14, 2023
12:30 P.M. CLOSED SESSION, ZOOM/COURTYARD CONFERENCE ROOM 1:30 P.M. CONSENT, CONSENT PUBLIC HEARING, AND GENERAL BUSINESS,
ZOOM/COUNCIL CHAMBERS
6:30 P.M. ORAL COMMUNICATIONS AND GENERAL BUSINESS, ZOOM/COUNCIL
CHAMBERS
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.
Correspondence to be included in the agenda packet must be received by 5:00 pm on Monday, February 13th
February 14, 2023 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, February 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.
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 9, 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-council-meetings and are also available for public inspection at the Office of the City Clerk, 809 Center Street Room 9, 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
12:30 PM
Referral to Closed Session
1. 45 Municipal Wharf, APN: 007-34-105
Motion to refer to Closed Session for discussion regarding price, terms of payment, or both.
February 14, 2023 City Council 3
Closed Session
2. Conference with Labor Negotiators (Government Code §54957.6) Police Officers Association
Police Management Association
SEIU Temporary Employees
City Negotiator – Sara DeLeon
3. Real Property Negotiations (Government Code §54956.8) Property: 45 Municipal Wharf
APN: 007-34-105
Owner: City of Santa Cruz
City Negotiator: Bonnie Lipscomb
Negotiating Parties: City and Mark Gilbert
Under Negotiation: Price, terms of payment, or both
4. Conference with Legal Counsel - Existing Litigation (Government Code §54956.9(d)(1))
County of Santa Cruz v. City of Santa Cruz
(Santa Cruz County Superior Court Case No. 22CV01094)
February 14, 2023 City Council 4
City Council
1:30 PM
Call to Order
Roll Call
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 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.
7. Opioid Settlement Fund Agreement - Stakeholder Group (CA/CM) Motion to authorize the City Manager to enter into an agreement with the County of Santa Cruz to establish a Stakeholder Group with City participation in defining priorities for the use of opioid settlement funds in the County.
February 14, 2023 City Council 5
Consent Agenda (continued)
8. Commission for the Prevention of Violence Against Women Appointment (CC)
Motion to defer Vice Mayor Golder’s nomination to a future meeting.
9. Minutes of the January 24, 2023 City Council Meeting (CC) Motion to approve as submitted.
10. Changes to the Councilmembers’ Handbook (CN)
Resolution amending the Councilmembers’ Handbook on page 7 to update the Order of Business section, page 9, paragraph 3, regarding decorum in Council meetings, and on page 23 at “Remarks of Councilmembers Entered in Minutes.”
11. Contract for Tannery Dance and Performance Building Architectural Services (ED)
Motion to award the contract for the Tannery Dance and Performance Building architectural services in an amount of $469,560 to 19six Architects and authorize the City Manager to execute an agreement with 19six Architects in a form to be approved by the City Attorney.
12. Resolution Authorizing Application for the California Prohousing Designation Program (ED)
Resolution authorizing the City of Santa Cruz to apply for the Prohousing Designation Program from the California Housing and Community Development Department and authorizing the City Manager or the Director of Economic Development and Housing to execute and deliver the application and any related documents if the application is approved.
February 14, 2023 City Council 6
Consent Agenda (continued)
13. 119 Coral St – Housing Matters Loan Consolidation and Extension (ED) 1) Authorize the City Manager to execute any and all loan documents necessary, in a form approved by the City Attorney, to consolidate and extend the terms of existing Red Cross and HOME funded loans in the amount of $571,533 to Housing Matters for the property located at 119 Coral St for 55 years with 1.5% residual receipts interest; and 2) Allow Housing Matters to repay an existing General Fund loan of approximately $12,805 in principal with a reduced interest rate of 3%, contingent upon payment received to the City prior to the execution of the loan documents.
14. Resolution Approving Various Employee Groups Memoranda of Understanding (HR)
Resolution approving the following employee organizations Memoranda of Understanding: Supervisory Employees Operating Engineers, Local 3; Mid-Management Employees Operating Engineers, Local 3; and Firefighters I.A.F.F. Local 1716.
15. State of California 2022 Land Use and Housing Legislation Update (PL) Motion to accept the State of California 2022 Land Use and Housing Legislation Update agenda report.
16. 2023 Pavement Rehabilitation Project (c400809) – Authorization to Advertise and Award (PW)
Motion to approve the plans and specifications for the 2023 Pavement Rehabilitation Project (c400809), authorize staff to advertise for bids, and award contract. The City Manager is hereby authorized and directed to execute the contact in a form approved by the City Attorney. The Director of Public Works is authorized to execute change orders within the approved project budget.
February 14, 2023 City Council 7
Consent Agenda (continued)
17. Award Contract for Boiler Control System Replacement Project (m409659) and Approval of Exemption from Local and Apprentice Employment (SCMC Ch. 3.10.080(2) for Boiler Control System Replacement Project (PW)
Motion to:
1) Award a contract for the purchase of Boiler Control System Replacement Project from R.F. Macdonald Co. (Hayward, CA) in the amount of $159,793.70; and
2) Exempt R.F. MacDonald Co. from the City’s local hiring and local apprentice employment requirements, pursuant to SCMC Chapter 3.10.
18. Mentel Aerial Sewer Improvement Project (c402102) – Notice of Completion (PW)
Motion to accept the work of Precision Grade, Inc (Salinas, CA) and authorize the filing of the Notice of Completion for the Mentel Aerial Sewer Improvement Project (c402102).
19. PG&E Fleet Ready Program Easement, 1125G River St, Santa Cruz (APN: 008-021-28-000) (PW)
Resolution authorizing the City Manager to grant an easement to Pacific Gas and Electric (PG&E) for the installation and maintenance of To-the-Meter (TtM) electrical infrastructure at the Corporation Yard, 1125G River St., Santa Cruz, CA 95060.
20. Award Contract for Traffic Signal Maintenance and Repair (PW) Motion to award a contract to Cal-West Lighting & Signal Maintenance, Inc. (San Jose, CA) for traffic signal maintenance and repair for a notto-exceed amount of $175,000, and reject all other proposals. The City Manager is hereby authorized and directed to execute an agreement in a form approved by the City Attorney. The Public Works Director is authorized to execute change orders within the approved project budget.
February 14, 2023 City Council 8
Consent Agenda (continued)
21. Resolution to Apply for U.S. Department of the Interior Bureau of Reclamation Funds (WT)
Resolution authorizing the submittal, acceptance, and appropriation of a U.S. Department of the Interior Bureau of Reclamation grant under the WaterSMART Water Recycling and Desalination Planning funding opportunity for FY 2023.
22. Award of Professional Services Agreement to Black & Veatch for the Water Quality and Corrosion Study (WT)
Motion authorizing the City Manager to execute an agreement in a form to be approved by the City Attorney with Black & Veatch (Rancho Cordova, CA) for Engineering Services for a Water Quality and Corrosion Study and to authorize the Water Director to execute future contract amendments within the approved budget.
23. Groundwater Modeling – Award of Professional Services Agreement to Errol L. Montgomery & Associates, Inc. (WT)
Motion authorizing the City Manager to execute a contract agreement in a form to be approved by the City Attorney with Errol L. Montgomery & Associates, Inc. (Oakland, CA) for Engineering Services for Groundwater Modeling and to authorize the Water Director to execute future contract amendments within the approved budget.
End Consent Agenda
Consent Public Hearing
24. 2nd Reading and Final Adoption of Ordinance No. 2023-02 Amending Section 2.40.011 of the Santa Cruz Municipal Code Related to the Process of Appointments to City Commissions (CN)
Adopt Ordinance No. 2023-02 amending Section 2.40.011 of the Santa Cruz Municipal Code and transitioning the appointments to specific advisory bodies from at-large to directly nominated by each Council District and the Mayor.
February 14, 2023 City Council 9
Public Hearing
25. Resolution of Intent to Annex Parcels at 538 Center Street into Parking District No. 1 (PW)
Resolution of Intent to annex remaining parcels at 538 Center Street (Assessors Parcel Numbers 005-148-17, 005-148-21 and 005-148-24) into Parking District No. 1.
General Business
26. Sister Cities Committee Appointment (CC)
Motion to appoint one member to the Sister Cities Committee, with a term ending January 31, 2025.
27. Response to 2021 Independent Police Auditor Report (PD) Receive a follow-up summary from the Santa Cruz Police Department (SCPD) in response to the 2021 Independent Police Auditor Report.
28. Ordinance Amending Chapter 5.10 of the Municipal Code Related to the Annual Living Wage Adjustment Index (FN/CA)
Introduce for publication an ordinance amending Chapter 5.10 of the Santa Cruz Municipal Code related to annual adjustments of the living wage based on Consumer Price Indices published by the Bureau of Labor Statistics.
29. Sidewalk Vending Ordinance Administrative Amendments and Program Update (PL)
Motion to:
1) Introduce for publication an ordinance amending Santa Cruz Municipal Code (SCMC) Chapter 5.82 (“Sidewalk Vending”); and 2) Accept the Sidewalk Vending Program update.
Recess - The City Council will recess to the 6:30 p.m. session.
February 14, 2023 City Council 10
City Council
6:30 PM
Call to Order
Roll Call
Oral Communications – Members of the public may address Council on matters not on the agenda, but within the jurisdiction of the Council.
General Business
Please note: The Public Comment period for the below item will be for items
30.1 and 30.2.
30. Mid-Year Update
30.1. FY 2023 Budget Adjustments and Information on City’s Financial Status (FN)
Motion to:
1) Receive a presentation on the City of Santa Cruz’s financial status; 2) Adopt a resolution amending FY 2023 budget appropriation of expenditures to all funds as listed in Exhibit A, in the amount of $15,048,374 including a reduction of $2,924,656 to the General Fund, and a total appropriation of estimated revenues as listed in Exhibit A in the amount of $5,788,384 to all funds, including a net addition of $969,552 to the General Fund; and
3) Authorize the City Manager to allocate budgetary changes within the applicable funds and departments.
February 14, 2023 City Council 11
General Business (continued)
30. Mid-Year Update (continued)
30.2. Resolution Amending the City of Santa Cruz Personnel Complement and Classification and Compensation Plans for the Finance, Parks and Recreation, City Manager, Human Resources, Planning and Community Development, Public Works, Water, and Information Technology (IT) Departments – Budget Adjustment (HR)
Motion to:
1) Adopt a resolution amending the Classification and Compensation Plans and the Mid-Year 2023 Budget Personnel Complement by approving classification and position changes in eight city departments; and
2) Adopt a resolution amending the FY 2023 budget to appropriate funds for the addition of a Facilities Field Supervisor and a SCADA Analyst, and deleting a Management Analyst within the Water Department.
Adjournment
February 14, 2023 City Council 12
INFORMATION ITEMS PREVIOUSLY DISTRIBUTED TO CITY COUNCIL ADDENDUM TO CITY COUNCIL AGENDA – FEBRUARY 14, 2023
31. Economic Development Department: Housing Successor Annual Report FY 2022 - 1/17/23 (EDFYI 001)
32. Finance Department: Portfolio Management Report – Pooled Cash and Investments as of December 31, 2022 - 1/27/23 (FNFYI 363)
MAYOR'S PROCLAMATIONS
ADDENDUM TO CITY COUNCIL AGENDA – FEBRUARY 14, 2023
33. Proclaiming January 26, 2023 as “Patricia Brissenden Day” and encouraging all citizens to join in wishing her a Happy 75th Birthday and expressing heartfelt appreciation for her numerous contributions and achievements.
34. Proclaiming Wednesday, February 1, 2023 as “Jerome Arthur Fardette Day” and encouraging all citizens to join in celebrating his life and recognizing him for his lifetime of composing music and influencing many generations.
35. Proclaiming Saturday, February 4, 2023 as “Santa Cruz Baroque Festival 50th Season Day” and encouraging all citizens to join in congratulating it on its 50th season of presenting outstanding concerts of early and unusual music to the Santa Cruz community and recognizing its founder and artistic director, UCSC Professor Emerita Linda Burman-Hall, who has led this distinguished Santa Cruz institution for the past fifty years.
February 14, 2023 City Council 13
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.
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.