CITY OF SANTA CRUZ
809 Center Street
Santa Cruz, California 95060
CITY COUNCIL AGENDA
Regular Meeting – March 28, 2023
Updated March 27, 2023 – Item 27
12:30 P.M. CLOSED SESSION, ZOOM/COURTYARD CONFERENCE ROOM 3:30 P.M. CONSENT, GENERAL BUSINESS, ORAL COMMUNICATIONS, AND PUBLIC
HEARING, ZOOM/COUNCIL CHAMBERS
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
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Enter the meeting ID number: 946 8440 1344
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Correspondence to be included in the agenda packet must be received by 5:00 pm on Monday, March 27th
March 28, 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, March 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.
March 28, 2023 City Council 3
Closed Session
12:30 PM
Referral to Closed Session
1. 495 Upper Park Drive and Appurtenances, APN 009-301-06, Portion Motion to refer to Closed Session for discussion regarding price, terms of payment, or both.
Closed Session
2. Conference with Labor Negotiators (Government Code §54957.6) SEIU Temporary Employees
City Negotiator – Sara De Leon
3. 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: 495 Upper Park Drive and appurtenances
APN: 009-301-06, portion
Owner: City of Santa Cruz
City Negotiator: Bonnie Lipscomb
Negotiating Parties: City of Santa Cruz and Santa Cruz Consolidated Emergency Communications Center (doing business as Santa Cruz Regional 9-1-1)
Under Negotiation: Price, terms of payment, or both
March 28, 2023 City Council 4
Closed Session (continued)
4. Conference With Legal Counsel – Liability Claims (Government Code §54956.95)
Claimant: Russell E. Gross
Claim against the City of Santa Cruz
5. Conference with Legal Counsel - Existing Litigation (Government Code §54956.9(d)(1))
1) County of Santa Cruz, et al. v. Purdue Pharma L.P., et al. (United States District Court, Northern District of California, Case No. 5:18-cv-02803 and United States District Court, Northern District of Ohio, MDL No. 2804, Case No. 17-MD-2804)
2) City of Santa Cruz v. The Regents of the University of California, et al.
(Santa Cruz County Superior Court Case No. 22CV00373)
3) Regents of the University of California, et al. v. City of Santa Cruz (Santa Cruz County Superior Court Case No. 20CV02152)
6. Conference with Legal Counsel – Anticipated Litigation (Government Code §54956.9(d)(2)
Significant exposure to litigation (one potential case to be discussed)
7. Conference with Legal Counsel – Anticipated Litigation (Government Code §54956.9(d)(4))
Initiation of litigation (one potential case to be discussed) March 28, 2023 City Council 5
City Council
3:30 PM
Call to Order
Roll Call
Presentations
8. Dientes 2022 Oral Health Report
9. Overview of Two Major Water Department Capital Investment Projects:
The Graham Hill Water Treatment Plant Facility Improvement Project and the Felton to Graham Hill Water Treatment Plant Segment of the Newell Creek Pipeline Replacement Project
Presiding Officer's Announcements
Statements of Disqualification
Additions and Deletions
City Attorney Report on Closed Session
Council Meeting Calendar
10. The City Council will review the meeting calendar attached to the agenda and revise it as necessary.
March 28, 2023 City Council 6
Consent Agenda
11. Minutes of the March 14, 2023 Meeting of the City Council (CC) Motion to approve as submitted.
12. Minutes of the March 20, 2023 Special Meeting of the City Council (CC) Motion to approve as submitted.
13. Santa Cruz County Hazardous Materials Advisory Commission Nomination (CC)
Motion to nominate Bob Nelson, Public Works Operations Manager, for appointment by the County Board of Supervisors to the County Hazardous Materials Advisory Commission.
14. Senate Bill 43 – Conservatorship Reform and SB 363 – Behavioral Health Bed Database (CN)
Motion to direct the Mayor to send letters to support Senate Bill 43 – Conservatorship Reform and SB 363 – Behavioral Health Bed Database.
15. Wharf Reinforcement Project (c512203) – Notice of Completion (ED) Motion to accept the work of Power Engineering Construction Company as complete per the plans and specifications and authorize the filing of the Notice of Completion for the Wharf Reinforcement Project (c512203).
16. Approval of Second Amendment to Lease and Road Improvement Agreement with the Santa Cruz Consolidated Emergency
Communications Center at DeLaveaga Park and Related Authorizing Actions (ED)
Resolution approving the Second Amendment to the Lease and Road Improvement Agreement with the Santa Cruz Consolidated Emergency Communications Center and authorizing the City Manager, or designee, to negotiate and execute any amendments, subleases, or use agreements and related documents, in forms approved by the City Attorney.
March 28, 2023 City Council 7
Consent Agenda (continued)
17. Downtown Library and Affordable Housing Development Project Ground Lease Authorization for 119 Lincoln Street (ED)
Resolution authorizing the City Manager to enter into lease(s) and authorizing the Economic Development and Housing Director to execute any amendments or documents needed thereto of a non-substantive nature, in forms approved by the City Attorney, for real property located at 119 Lincoln Street (APN 005-141-21) between the City of Santa Cruz and DTLMU Investors, L.P. (a California Limited Partnership), and/or or its affiliate(s), for the previously approved downtown library affordable housing project on the site.
18. Liability Claim Filed Against the City of Santa Cruz (FN) Motion to reject the liability claim of Russell E. Gross, based on staff recommendation.
19. Annual Comprehensive Financial Report (ACFR) for the Fiscal Year Ended June 30, 2022 (FN)
Receive and file the Annual Comprehensive Financial Report (ACFR), and related reports, for the fiscal year ended June 30, 2022.
20. Annual Housing Element and General Plan Progress Reports (PL) Accept the 2022 General Plan and Housing Element Annual Progress Reports and direct staff to submit the reports to the Governor’s Office of Planning and Research and the California Department of Housing and Community Development.
21. SitelogiQ Harvey West Park Ballfield Lighting Project (c402307) – Budget Adjustment (PW)
Resolution amending the FY 2023 budget and appropriating funds in the amount of $400,000 from Harvey West Ballfield Lighting (c302218) to Comprehensive Energy Solutions - Harvey West Park Ball Field Solar (c402307).
March 28, 2023 City Council 8
Consent Agenda (continued)
22. Emergency Electrical Inspection, Repair and Temporary Generator Installation at the Wastewater Treatment Facility (WWTF), and Approval of Additional Fuel Costs – Authorization of Emergency Contracts and Budget Adjustment (PW)
Motion to:
1) Ratify the emergency contract with Cupertino Electric Inc. for inspection and repair of the WWTF main switchboard and temporary standby generator connection in the amount of $95,000 in accordance with Chapter 3.08.160 “Emergency Procurement” of the Municipal Code and in a form approved by the City Attorney. The Public Works Director is authorized to execute change orders within the approved project budget.
2) Ratify the emergency contract with Aggreko Inc. for temporary standby generator rental at the WWTF in the amount of $171,273.50 in accordance with Chapter 3.08.160 “Emergency Procurement” of the Municipal Code and in a form approved by the City Attorney. The Public Works Director is authorized to execute change orders within the approved project budget.
3) Adopt a resolution to amend the FY 2023 budget and appropriate funds in the amount of $869,400 for emergency fuel costs for the WWTF operating budget – Gas and Oil. The Public Works Director is authorized to execute change orders within the approved project budget.
23. City of Santa Cruz Share of Household Hazardous Waste Collection Program Cost – Budget Adjustment (PW)
Resolution amending the FY 2023 budget to appropriate funds in the amount of $380,000 for the City of Santa Cruz portion of the County’s Household Hazardous Waste Collection Program.
End Consent Agenda
March 28, 2023 City Council 9
General Business
24. 2023 Legislative Program and Platform (CM)
Motion to approve the 2023 Legislative Program and Platform.
25. Military Equipment Purchase Request and Policy Update per Assembly Bill 481 (PD)
Motion to:
1) Introduce for publication an ordinance amending City of Santa Cruz Municipal Code (“SCMC”) Chapter 9.90 “AB 481 Military Equipment Use”; and
2) Approve Santa Cruz Police Department (“SCPD”) Policy 705 incorporating the amended inventory of military equipment as defined by Assembly Bill 481.
26. Approval of $127,730,000 Loan for Water Infrastructure and Finance Innovation Act Loan to Support Implementation of Approved Water Capital Investment Projects (WT)
Resolution authorizing the City to enter into a loan agreement with the United States Environmental Protection Agency up to the amount of $127,730,000 for projects in the Council-approved capital investment plan (Graham Hill Water Treatment Plant (GHWTP) Facility Improvements Project, Newell Creek Pipeline Replacement (Felton to GHWTP) Project, University Tank 4 Project, and Aquifer Storage and Recovery (ASR) Project) and authorize the City Manager to execute the loan agreement and related documents, in forms approved by the City Attorney, and pay all closing costs.
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
March 28, 2023 City Council 10
Public Hearing
The recommendation for the below item has been updated.
27. Appeal of Proposed Single Space Markings on David Way (PW) Motion to defer this item to the April 11, 2023 Council meeting, per staff recommendation.
Resolution to uphold the appeal of the Transportation and Public Works Commission’s decision and install the proposed single space markings on David Way.
Adjournment
March 28, 2023 City Council 11
INFORMATION ITEMS PREVIOUSLY DISTRIBUTED TO CITY COUNCILMEMBERS None Issued.
MAYOR'S PROCLAMATIONS
ADDENDUM TO CITY COUNCIL AGENDA – MARCH 28, 2023
28. Proclaiming March 15, 2023 as “Randy Repass Day” and encouraging all citizens to join in congratulating him as the recipient of the 2023 Al Smith Friend of Agriculture Award for his contributions to local agriculture.
29. Proclaiming March 15, 2023 as “Sally-Christine Rodgers Day” and encouraging all citizens to join in congratulating her as the recipient of the 2023 Al Smith Friend of Agriculture Award for her contributions to local agriculture.
Advisory Body Appointments
The following positions are vacant. Council will make the appointments at a future meeting.
Children’s Fund Oversight Committee Two openings – at-large nominations County Latino Affairs Commission One opening – at-large nomination Planning Commission One opening – at-large nomination
Sister Cities Committee One opening – at-large nomination March 28, 2023 City Council 12
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.