CITY OF SANTA CRUZ
809 Center Street
Santa Cruz, California 95060
CITY COUNCIL AGENDA
Regular Meeting – June 13, 2023
10:00 A.M. CLOSED SESSION, ZOOM/COURTYARD CONFERENCE ROOM 12:15 P.M. CONSENT, CONSENT PUBLIC HEARINGS, 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, June 12th
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, June 11th by emailing the Mayor and the City Clerk.
Approval will be confirmed via email.
[email protected] [email protected]
June 13, 2023 City Council 2
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 8, 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
10:00 AM
Closed Session
1. Real Property Negotiations (Government Code §54956.8) 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
June 13, 2023 City Council 3
Closed Session (continued)
2. Conference With Legal Counsel – Liability Claims (Government Code §54956.95)
1) Claimant: Dominique Townsend
2) Claimant: Michael B. Smith
3) Claimant: Ginaia Kelly
Claims against the City of Santa Cruz
3. Conference with Legal Counsel – Anticipated Litigation (Government Code §54956.9(d)(2)
Significant exposure to litigation (one potential case to be discussed - Don Honda May 28, 2023 email message)
4. Conference with Legal Counsel - Existing Litigation (Government Code §54956.9(d)(1))
1) City of Santa Cruz v. The Regents of the University of California, et al.
(Santa Cruz County Superior Court Case No. 22CV00373)
2) Regents of the University of California, et al. v. City of Santa Cruz (Santa Cruz County Superior Court Case No. 20CV02152)
3) Lisa Foster v. City of Santa Cruz, et al.
(Santa Cruz County Superior Court Case No. 23CV00638)
4) Robert Fleck v. City of Santa Cruz, et al.
(Santa Cruz County Superior Court Case No. 23CV01131)
5) City of Arcata, et al. v. Pacific Gas and Electric Company (San Francisco Superior Court Case No. CGC-20-585483)
June 13, 2023 City Council 4
City Council
12:15 PM
Call to Order
Roll Call
Presiding Officer's Announcements
Statements of Disqualification
Additions and Deletions
City Attorney Report on Closed Session
Presentations
The below presentation #5 was continued from the May 24th Budget Hearings.
5. Capital Investment Program Presentation
Please note: Public Comment will be accepted for the below presentation and will be limited to 20 minutes.
6. Presentation from the Council Ad Hoc Budget and Revenue Committee on Results of Housing Measure Feasibility Work
Council Meeting Calendar
7. The City Council will review the meeting calendar attached to the agenda and revise it as necessary.
June 13, 2023 City Council 5
Consent Agenda
8. Minutes of the May 23, 2023 City Council Meeting (CC) Motion to approve as submitted.
9. Minutes of the May 24, 2023 City Council Special Meeting (CC) Motion to approve as submitted.
10. 333 Locust Street Acquisition Agreement and Budget Adjustment (ED) Motion to:
1) Adopt a resolution authorizing the City Manager to enter into a Purchase Sale Agreement to purchase the real property located at 333 Locust Street (APN 005-033-03) and execute any and all related documents necessary, in a form approved by the City Attorney; and 2) Adopt a resolution amending the FY 2023 budget in the amount of $1,718,000 to fund the acquisition of the property at 333 Locust Street.
11. Liability Claims Filed Against the City of Santa Cruz (FN) Motion to reject the liability claims of 1) Dominique Townsend, 2) Michael B. Smith, and 3) Ginaia Kelly, based on staff recommendation.
12. General Obligation Refunding Bonds - Tax Rate Authorization (FN) Resolution setting the tax rate for FY 2024 with respect to the City’s General Obligation Refunding Bonds.
13. Resolution Amending the Personnel Complement and Classification and Compensation Plans for the FY 2023 Budget for the Police Department (HR)
Resolution amending the Classification and Compensation Plan and the FY 2023 Personnel Complement by approving a classification change in the Police Department.
June 13, 2023 City Council 6
Consent Agenda (continued)
14. Suspension of the Natural Gas Prohibition Ordinance (PL) Resolution suspending enforcement of Santa Cruz Municipal Code 6.100 Prohibition of Natural Gas Infrastructure in new buildings.
15. Award Contract for Case 570N EP 4WD Tractor Loader Scraper - Budget Adjustment (PR)
Motion to:
1) Award a contract for the purchase of one new Case 570N EP 4WD Tractor Loader Scraper from Sonsray Machinery (Salinas, CA) in the amount of $114,437.70, not to exceed $150,000 in the event of inflationary increases; and
2) Adopt a resolution amending the FY 2023 budget in the amount of $114,437.70 to facilitate the purchase of a new Case 570N EP 4WD Tractor Loader Scraper from Sonsray Machinery (Salinas, CA).
16. FY 2024 Funding for Senate Bill 1 Road Maintenance and Rehabilitation Account (RMRA) (PW)
Resolution approving the FY 2024 allocation of SB 1 Road Maintenance and Rehabilitation Account funds and authorizing the City Manager to submit the project list to the California Transportation Commission.
17. Measure D Expenditure Plan: FY 2024-2028 (PW)
Motion to approve the proposed Measure D Five-Year Expenditure Plan for FY 2024-2028.
18. Neary Lagoon Tule and Sediment Removal Project (m409668) – Approval of Plans and Specifications and Authorization to Advertise for Bids and Award Contract (PW)
Motion to approve the plans and specifications for the Neary Lagoon Tule and Sediment Removal Project (m409668), authorize an exemption from local employment requirements, and authorize staff to advertise for bids and award the contract. The City Manager is hereby authorized and directed to execute the contract as authorized by Resolution No. NS-27,563. The Public Works Director is authorized to execute change orders within the approved project budget.
June 13, 2023 City Council 7
Consent Agenda (continued)
19. Rising Prices for Tires and Repair Costs for City Vehicles and Equipment – Budget Adjustment (PW)
Resolution amending the FY 2023 budget to appropriate funds in the amount for $70,000 to fund increasing tire purchases and repair expenses.
20. Proposed Resource Recovery Collection Rates Increase (PW) Motion to schedule a Public Hearing for August 8, 2023 on the proposed resource recovery collection rates increase, in accordance with State law, including a mailed notice to property owners.
21. Graham Hill Water Treatment Plant Facility Improvements Project – Update Report / City Council Direction (WT/PL)
Motion to:
1) Notify the Water and Planning Commissions that the Graham Hill Water Treatment Plant Facility Improvements Project (Project) will be brought to the City Council for final consideration and action on the Environmental Impact Report (EIR), discretionary
permits/entitlements, and final project approval per Santa Cruz Municipal Code 24.04.175.2; and
2) Direct staff to coordinate with the Water and Planning Commissions to obtain project recommendations from those commissions on the Project EIR (Water Commission) and Project entitlements (Planning Commission) prior to Council’s final action on the Project.
June 13, 2023 City Council 8
Consent Agenda (continued)
22. Loch Lomond Reservoir Oxygen Diffuser System – Notice of Completion (WT)
Motion to:
1) Ratify Change Order No. 1 with Mobley Engineering Inc. (Norris, TN) related to redesign of the system to accommodate differing field conditions and several delays and remobilizations to the project in the amount of $53,521.80; and
2) Accept the work of Mobley Engineering Inc. (Norris,TN) as complete per the agreement and authorizing the filing of a Notice of Completion for the Loch Lomond Reservoir Oxygen Diffuser System and to authorize the Water Director to sign the Notice of Completion as the Owner’s Authorized Agent.
23. Contract Amendment 2024-01 with HDR Inc. for Capital Program Management Services (WT)
Motion authorizing the City Manager to execute Contract Amendment No. 2024-01 with HDR for Service Order No. 9 in the amount of $6,933,644 in a form to be approved by the City Attorney.
End Consent Agenda
Consent Public Hearings
24. Downtown Association: Parking and Business Improvement Area Assessments for FY 2024 (ED)
Resolution confirming the Parking and Business Improvement Area FY 2024 Plan prepared by the Downtown Association and levying the Parking and Business Improvement Area Assessments for FY 2024.
June 13, 2023 City Council 9
Consent Public Hearings (continued)
25. Expansion of Technology Surcharge (PL)
Motion to:
1) Adopt a resolution to rescind Resolution No. NS-27,559, the Council’s 2007 Technology Surcharge resolution, and expand the application of a six (6) percent Technology Surcharge to certain fees collected by the Planning and Community Development, Finance, Public Works, Parks and Recreation, Fire, and Water Departments; and 2) Direct staff to take related implementation actions.
Public Hearings
26. Tree Appeal 233 Union Street (PR)
Resolution to deny the appeal and uphold the Parks and Recreation Commission's approval of tree removal permit application # 23-0005 submitted by Dorth Raphaely to remove two Coast Redwood trees located at 233 Union Street.
27. Ordinance Amending Select Portions of Chapter 10.40 of the Santa Cruz Municipal Code, Along with Santa Cruz Municipal Code Section
10.41.060, Pertaining to the Parking of Oversized Vehicles (PL/CA) Introduce for publication an ordinance amending select portions of Chapter 10.40 of the Santa Cruz Municipal Code pertaining to the parking of oversized vehicles.
June 13, 2023 City Council 10
General Business
28. Cooperative Retail Management Business Real Property Improvement District Assessments for FY 2024 (ED)
Motion to:
1) Approve the FY 2023 Annual Report and FY 2024 Plan prepared by the Downtown Management Corporation;
2) Adopt the Resolution of Intention to levy a Cooperative Retail Management Business Real Property Improvement District Assessment for FY 2024 and schedule a public hearing for June 27, 2023, after the hour of 1 pm, on the levy of the assessments for FY 2024; and 3) Introduce for publication an ordinance confirming that Chapter 5.06 of the Santa Cruz Municipal Code shall apply to the Cooperative Retail Management Business Real Property Improvement District within the District’s modified boundaries and to the increased assessments approved and levied by the City Council for the District’s 2023-2024 Fiscal Year.
29. Fiscal Year 2024 Proposed Budget
29.1. Fiscal Year 2024 Proposed Budget Adoption (FN)
Motion to:
1) Adopt a resolution adopting the Fiscal Year (FY) 2024 Budget including the Capital Investment Program (CIP), effective July 1, 2023; authorize the City Manager to allocate within the applicable funds the FY 2024 Schedule of Administrative Budget Changes to the appropriate accounting classifications and to approve related and applicable transfer in/out between funds; and authorize the Finance Director to create additional appropriations to provide for commitments carried over from the prior fiscal year, including contract and purchase order encumbrances and unexpended project balances, so long as there is a sufficient fund balance to finance these commitments; and 2) Accept the Water Commission’s recommendations regarding the Water Department’s FY 2024 Operating and Capital Investment Program (CIP).
June 13, 2023 City Council 11
General Business (continued)
29. Fiscal Year 2024 Proposed Budget (continued)
29.2. Resolution Amending the City of Santa Cruz Personnel Complement and Classification and Compensation Plans for the Public Works, City Manager, Finance, Parks and Recreation, Police, Water, Fire, Library and Human Resources Departments (HR)
Resolution amending the Classification and Compensation Plans for the FY 2024 budget personnel complement by implementing the approved FY 2024 budget/position changes in several departments.
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
June 13, 2023 City Council 12
INFORMATION ITEMS PREVIOUSLY DISTRIBUTED TO CITY COUNCILMEMBERS ADDENDUM TO CITY COUNCIL AGENDA – JUNE 13, 2023
30. City Council/Heath in All Policies: Tobacco Product Waste Update - June 7, 2023 (CMFYI 264)
31. Finance Department: Portfolio Management Report – Pooled Cash and Investments as of April 30, 2023 - 5/15/23 (FNFYI 368)
32. Finance Department: Transient Occupancy Tax - 6/13/23 (FNFYI 369)
33. Finance Department: Investment Strategy - 6/13/23 (FNFYI 370)
MAYOR'S PROCLAMATIONS
ADDENDUM TO CITY COUNCIL AGENDA – JUNE 13, 2023
34. Proclaiming June 3, 2023 as “Edward Benson Porter, Jr. Day” and encouraging the community to come together to honor him for his numerous contributions and to praise a life well lived.
35. Proclaiming June 4, 2023 as “Santa Cruz Museum of Art and History Day” and encouraging all citizens to join in honoring it and thanking it for its numerous contributions on behalf of the LGBTQ+ community and commending it for being named as a Grand Marshal for the 48th Annual Pride Parade.
36. Proclaiming June 4, 2023 as “Faris Sabbah Day” and encouraging all citizens to join in honoring him and thanking him for his numerous contributions on behalf of the LGBTQ+ community and commending him for being named as a Grand Marshal for the 48th Annual Pride Parade.
June 13, 2023 City Council 13
Advisory Body Appointments
The following positions are vacant. Council will make the appointments at a future meeting.
County Latino Affairs Commission One opening – at-large nomination Sister Cities Committee Three openings – at-large nominations 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.