CITY OF SANTA CRUZ
809 Center Street
Santa Cruz, California 95060
CITY COUNCIL AGENDA
Regular Meeting
April 11, 2023
1:30 P.M. CLOSED SESSION, ZOOM/COURTYARD CONFERENCE ROOM 3:00 P.M. CONSENT, PUBLIC HEARINGS, GENERAL BUSINESS, AND ORAL
COMMUNICATIONS, 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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Correspondence to be included in the agenda packet must be received by 5:00 pm on Monday, April 10th
April 11, 2023 City Council 2
PLEASE NOTE:
Requests for extra speaking time on items other than #19 and Oral Communications must be made by 5:00 p.m. on Sunday, April 9th 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-councilmeetings 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.
April 11, 2023 City Council 3
Closed Session
1:30 PM
Closed Session
1. Conference With Legal Counsel – Liability Claims (Government Code §54956.95)
1) Claimant: Nancy P. Rowe
2) Claimant: Precision Grade Inc.
Claims against the City of Santa Cruz
2. Conference with Legal Counsel – Anticipated Litigation (Government Code §54956.9(d)(2)
Significant exposure to litigation (one potential case to be discussed)
3. Real Property Negotiations (Government Code §54956.8) 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: Price, terms of payment, or both
April 11, 2023 City Council 4
City Council
3:00 PM
Call to Order
Roll Call
Presentation
4. Presentation of Care Court Legislation
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. Minutes of the March 28, 2021 City Council Meeting (CC) Motion to approve as submitted.
April 11, 2023 City Council 5
Consent Agenda (continued)
7. Municipal Wharf License Agreement with Humble Sea, Inc. at 45 Municipal Wharf (ED)
Motion to authorize and direct the City Manager to execute a revocable Municipal Wharf License Agreement and any amendments thereto of a non-substantive nature, in a form acceptable to the City Attorney, with Humble Sea, Inc. (doing business as Humble Sea Brewing Company) for the operation of a prototyping pop-up event space serving craft beer with food truck service at 45 Municipal Wharf.
8. Liability Claims Filed Against the City of Santa Cruz (FN) Motion to reject the liability claim of 1) Nancy P. Rowe; and to return as late the claim of 2) Precision Grade Inc., based on staff recommendation.
9. Professional Services Agreement for the Development of a Request for Proposal in the Selection of a New Enterprise Resource Planning Software Solution (IT)
Motion to:
1) Adopt a resolution amending the FY 2023 budget in the amount of $165,200 for funding related to selecting a new Enterprise Resource Planning (ERP) software solution; and
2) Authorize the City Manager to execute a professional services agreement and scope of work with Berry Dunn McNeil & Parker, LLC (BerryDunn) in a form approved by the City Attorney to support the City of Santa Cruz (City) in developing a Request for Proposal (RFP) in selecting a new Enterprise Resource Planning (ERP) software solution.
10. Caltrans Sustainable Transportation Planning Grant Application - Active Transportation Plan Update (PW)
Motion to ratify the application for the California Department of Transportation Sustainable Transportation Planning Grant Program for the Active Transportation Plan Update, and further authorize the City Manager to accept and appropriate funds should the City be awarded.
April 11, 2023 City Council 6
Consent Agenda (continued)
11. Resource Recovery Facility Cell 3B Development Project (c401909) – Notice of Completion (PW)
Motion to accept the work of Sukut Construction, LLC (Santa Ana, CA) and authorize the filing of the Notice of Completion for the Resource Recovery Facility Cell 3B Development Project (c401909).
12. Contract Amendment 1 for Santa Cruz County Regional Bike Share Program (PW)
Motion to authorize the City Manager to execute all amendments to the Professional Service Agreement for Santa Cruz County Regional Bike Share Program in a form acceptable to the City Attorney.
13. Meter Replacement Project – Notice of Completion (WT) Motion to accept the work of Utility Partners of America, Inc. (Greenville, SC) as complete per the agreement and authorize the filing of a Notice of Completion for the Meter Replacement Project and to authorize the Water Director to sign the Notice of Completion as the Owner’s Authorized Agent.
14. Ratify Purchase Orders with Core & Main LP, Ferguson Enterprises, Iconix Waterworks, and Pace Supply for Water Distribution Parts and Materials (WT)
Motion to ratify purchase orders exceeding the formal bid limit for Core & Main LP (St Louis, MO), Ferguson Enterprises LLC (Newport News, VA), Iconix Waterworks Inc. (Snohomish, WA), and Pace Supply (Santa Clara, CA) for Water Distribution parts and materials as needed.
End Consent Agenda
April 11, 2023 City Council 7
Public Hearings
15. 2nd Reading and Final Adoption of Ordinance No. 2023-05 Amending the Santa Cruz Municipal Code Chapter 9.90 "AB 481 Military Equipment Use" (PD)
Adopt Ordinance No. 2023-05 amending City of Santa Cruz Municipal Code (“SCMC”) Chapter 9.90 “AB 481 Military Equipment Use.”
16. Ordinance Amending Title 24 of the Municipal Code - Zoning Ordinance Chapters 24.12 and Chapter 24.22: Parking and Bicycle Parking Regulations, Including Updates to the Local Coastal Program Implementation Plan. Applicant: City of Santa Cruz. Location:
Citywide. Environmental Review: Exempt/Reuse of Prior
Environmental Impact Report (PW/PL)
Motion to introduce for publication an ordinance amending Municipal Code Title 24 - Zoning Ordinance Chapters 24.12 and Chapter 24.22 to update bicycle parking requirements, incorporate recent changes to state law relating to automobile parking standards, update other existing standards related to bicycle and vehicle parking, and add new definitions, while recognizing the environmental determination identified in the agenda report.
General Business
17. Planning Commission Appointment (CC)
Motion to appoint one member to the Planning Commission, with a term ending January 31, 2026.
April 11, 2023 City Council 8
General Business (continued)
18. Downtown Parking Rates and Parking Requirements Update (PW) Motion to:
1) Adopt a resolution setting operating hours, parking and permit rates, and increasing parking lots/structures hourly rates and monthly permit rates; and
2) Introduce for publication an ordinance to amend Chapter 10.52 to increase downtown parking meter rates; and
3) Adopt a resolution to eliminate the parking deficiency fee paid by businesses, to update the automobile parking requirements for development projects in Parking District No. 1 per California Assembly Bill 2097 and set monthly parking permit rates.
The below item is continued to the April 25, 2023 Council meeting and will not be discussed.
19. Appeal of Proposed Single Space Markings on David Way (PW) Continued to April 25, 2023 Council meeting.
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
April 11, 2023 City Council 9
INFORMATION ITEMS PREVIOUSLY DISTRIBUTED TO CITY COUNCILMEMBERS ADDENDUM TO CITY COUNCIL AGENDA – APRIL 11, 2023
20. Finance Department: Portfolio Management Report – Pooled Cash and Investments as of February 28, 2023 - 3/11/23 (FNFYI 365)
21. Public Works Department: San Lorenzo River Levee FEMA Accreditation (c402112) Vegetation Management and Burrowing Rodent Mitigation Update - 3/21/23 (PWFYI 0108)
MAYOR'S PROCLAMATIONS
ADDENDUM TO CITY COUNCIL AGENDA – APRIL 11, 2023
22. Proclaiming April 1, 2023 as “Working Together to End Homelessness Day” and encouraging all residents to join in redoubling our efforts to collaborate in creating solutions to get unhoused individuals and families in our community into safe and stable affordable housing.
23. Proclaiming the month of March 2023 as “Procurement Month.”
24. Proclaiming Saturday, April 15, 2023 as “Leslie Arnold Yeffa Day” and encouraging all citizens to join in celebrating his 90th Birthday and expressing heartfelt appreciation for his charitable work and positive contributions throughout Santa Cruz County and his activities that have strengthened our community for today’s residents and for future generations.
25. Proclaiming April 1, 2023 as “Lili Beggs Day” and encouraging all citizens to join in celebrating her retirement and expressing heartfelt appreciation for her honorable work and positive contributions throughout Santa Cruz County for new mothers and babies.
April 11, 2023 City Council 10
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 Sister Cities Committee One opening – at-large nomination 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.