CITY OF SANTA CRUZ
809 Center Street
Santa Cruz, California 95060
CITY COUNCIL AGENDA
Regular Meeting – February 28, 2023
Updated February 27, 2023
1:30 P.M. CLOSED SESSION, ZOOM/COURTYARD CONFERENCE ROOM 2:45 P.M. CONSENT, CONSENT PUBLIC HEARINGS, GENERAL BUSINESS, PUBLIC
HEARINGS, AND ORAL COMMUNICATIONS, 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 27th
February 28, 2023 City Council 2
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]
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 Cal-Relay 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
1:30 PM
Closed Session
1. Conference with Labor Negotiators (Government Code §54957.6) Police Officers Association
Police Management Association
SEIU Temporary Employees
City Negotiator – Sara De Leon
February 28, 2023 City Council 3
Closed Session (continued)
2. Conference with Legal Counsel – Anticipated Litigation (Government Code §54956.9(d)(2)
Significant exposure to litigation (1 potential case to be discussed) Below item 3.1 is deleted and will not be discussed.
3. Conference with Legal Counsel - Existing Litigation (Government Code §54956.9(d)(1))
1) Don’t Morph the Wharf! v. City of Santa Cruz et al.
(Santa Cruz County Superior Court Case No. 20CV02731)
2) Destiney Rodgers v. Nicole Adamo, et al.
Santa Cruz County Superior Court Case No. 22CV00944
4. Conference With Legal Counsel – Liability Claims (Government Code §54956.95)
1) Claimant: Mochi Xue
2) Claimant: Joziah Justin Gran
3) Claimant: April R. Laird
4) Claimant: Capital Insurance Group
5) Claimant: Brian Todd Shulman
February 28, 2023 City Council 4
City Council
2:45 PM
Call to Order
Roll Call
Moment of Silence in Honor of Loren "Butch" Baker and Elizabeth Butler Presentation
5. Mayoral Proclamation in Solidarity with the People of Ukraine on the One-Year Anniversary of Russia’s Invasion of Ukraine
Presiding Officer's Announcements
Statements of Disqualification
Additions and Deletions
City Attorney Report on Closed Session
Council Meeting Calendar
6. The City Council will review the meeting calendar attached to the agenda and revise it as necessary.
Consent Agenda
7. Minutes of the February 14, 2023 City Council Meeting (CC) Motion to approve as submitted.
February 28, 2023 City Council 5
Consent Agenda (continued)
8. Commission for the Prevention of Violence Against Women Appointment (CC)
Motion to approve Vice Mayor Golder’s nomination of Anissa Novak to the Commission for the Prevention of Violence Against Women.
9. Authorization for Application and Acceptance of California Interagency Council on Homelessness Grant Funds for Encampment Resolution Funding Program Round 2 (ERF-2-R) (CM)
Resolution authorizing the City Manager to apply for and accept the California Interagency Council on Homelessness Grant Funds for Encampment Resolution Funding Program Round 2 (ERF-2-R) and, if awarded, to execute any agreement(s) or documents in a form to be approved by the City Attorney and take any other actions necessary for implementation of the grant-funded project.
10. Resolution Ratifying Identifying Authorized Agents (FD) Resolution identifying authorized agents on behalf of the City of Santa Cruz who are authorized by the City Council to engage with the Federal Emergency Management Agency (FEMA) and the California Office of Emergency Services (Cal OES) regarding grants that have been applied for.
11. Liability Claims Filed Against the City of Santa Cruz (FN) Motion to reject the liability claims of 1) Mochi Xue, 2) Joziah Justin Grant, 3) April R. Laird, 4) Capital Insurance Group, and 5) Brian Todd Shulman, based on staff recommendation.
12. Living Wage Rate Annual Prescription for Fiscal Year 2024 (FN) Resolution upwardly indexing the prescribed minimum living wage rate by 6.4%, the amount which corresponds to San Francisco-OaklandHayward Area Consumer Price Index (CPI) for Urban Wage Earners and Clerical Workers, for the period ending October 31, 2022, to become effective July 1, 2023; and rescinding Resolution No. NS-29,996.
February 28, 2023 City Council 6
Consent Agenda (continued)
13. Resolution Approving Fire Management Association Memorandum of Understanding (HR)
Resolution approving the Fire Management Association (FMA) Memorandum of Understanding.
14. Garfield Park Branch Public Library Renovation (c351802) – Notice of Completion (LB)
Motion to accept the work of CRW Industries, Inc. (Scotts Valley, CA) as completed per plans and specifications and authorizing the filing of a Notice of Completion for the Garfield Park Branch Public Library Renovation Project (c351802).
15. Rising Prices for City Vehicle and Equipment Fuel – Budget Adjustment (PW)
Resolution amending the FY 2023 budget to appropriate funds in the amount for $333,000 to fund rising fuel expenses.
16. Recycling Center Storm Water Quality Improvements (c402111) – Award Contract (PW)
Motion to approve a contract modification and change order with Pacific States Environmental (Dublin, CA), for providing storm water treatment system rental at the Resource Recovery Facility Recycling Center. 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.
17. Approval of Amendment to Marketing Contract – Go Santa Cruz Downtown Employee Transportation Demand Management Program (PW)
Motion to approve the amendment to the existing agreement with Miller Maxfield (Santa Cruz, CA) to add an additional three years of marketing services for the GO Santa Cruz Transportation Demand Management (TDM) program for downtown employees.
February 28, 2023 City Council 7
Consent Agenda (continued)
18. San Lorenzo Riverwalk Lighting Project (c401910) – 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 the San Lorenzo Riverwalk Lighting Project (c401910).
19. Branciforte Creek Bank Stabilization – Professional Services Agreement Amendment (WT)
Motion to:
1) Accept the proposal of Cal Engineering & Geology (Walnut Creek, CA) for design, permitting, and construction-support services of the Branciforte Streambank Repair Project in the amount of $111,310, and to authorize the City Manager to execute an agreement in a form to be approved by the City Attorney; and
2) Authorize the Water Director to approve change orders with Cal Engineering & Geology in a form to be approved by the City Attorney for amounts that are within the approved project budget.
20. Rodriguez Street Water Main 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, authorize the filing of a Notice of Completion for the Rodriguez Street Water Main Replacement Project, and further authorize the Water Director to sign the Notice of Completion as the Owner’s Authorized Agent.
End Consent Agenda
February 28, 2023 City Council 8
Consent Public Hearings
21. 2nd Reading and Final Adoption of Ordinance No. 2023-03 Amending Chapter 5.10 of the Municipal Code Related to the Annual Living Wage Adjustment Index (FN/CA)
Motion to adopt Ordinance No. 2023-03 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.
22. 2nd Reading and Final Adoption of Ordinance No. 2023-04 for Sidewalk Vending Administrative Amendments and Program Update (PL) Motion to adopt Ordinance No. 2023-04 amending Santa Cruz Municipal Code (SCMC) Chapter 5.82 (“Sidewalk Vending”).
February 28, 2023 City Council 9
General Business
23. West Cliff Update, Temporary Traffic Control Efforts, and Traffic Control Next Steps (CM/PW)
Motion to:
1) Receive an update on citywide West Cliff work; and
2) Retroactively approve the design and installation of traffic striping and signage for emergency protective measures on West Cliff Drive due to the January 2023 storm damage; and
3) Direct staff to coordinate work, including community outreach, to determine pilot of one-way traffic controls options and neighborhood traffic calming in and around the West Cliff storm damage area; and 4) Return to Council in May for approval to pilot West Cliff Drive with one-way automobile traffic options, two-way bicycle and pedestrian access, neighborhood traffic calming measures, and monitoring plan; and
5) Adopt a resolution amending the FY 2023 budget to appropriate $700,000 from the General Fund stabilization reserve to a West Cliff Resiliency and Accessibility project; and
6) Authorization to advertise and award for professional services to design West Cliff Drive Pilot Project with Neighborhood Traffic Calming. The City Manager is hereby authorized and directed to execute the contracts in a form approved by the City Attorney. The Public Works Director is authorized to execute change orders within the approved budget.
Public Hearing
24. Resolution to Annex Parcels at 538 Center Street into Parking District No. 1 (PW)
Resolution to annex the remaining parcels at 538 Center Street (Assessors Parcel Numbers 005-148-17, 005-148-21, and 005-148-24) in to Parking District No. 1.
February 28, 2023 City Council 10
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
Adjournment
February 28, 2023 City Council 11
INFORMATION ITEMS PREVIOUSLY DISTRIBUTED TO CITY COUNCILMEMBERS ADDENDUM TO CITY COUNCIL AGENDA – FEBRUARY 28, 2023
25. Finance Department: Portfolio Management Report – Pooled Cash and Investments as of January 31, 2023 - 2/13/23 (FNFYI 364)
MAYOR'S PROCLAMATIONS
None issued.
Advisory Body Appointments
The following positions are vacant. Council will make the appointments at a future meeting.
Children’s Fund Oversight Committee 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.
February 28, 2023 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.