CITY OF SANTA CRUZ
809 Center Street
Santa Cruz, California 95060
CITY COUNCIL AGENDA
Regular Meeting – June 27, 2023
10:45 A.M. CLOSED SESSION, ZOOM/COURTYARD CONFERENCE ROOM 12:30 P.M. CONSENT, PUBLIC HEARINGS, GENERAL BUSINESS, AND ORAL
COMMUNICATIONS, ZOOM/COUNCIL CHAMBERS
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Correspondence to be included in the agenda packet must be received by 5:00 pm on Monday, June 26th
June 27, 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.
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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.
June 27, 2023 City Council 3
10:45 AM
Closed Session
1. 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: 333 Front Street
APN: 005-152-32
Owner: City of Santa Cruz
City Negotiator: Bonnie Lipscomb
Negotiating parties: City and Homeless Garden Project
Under Negotiation: Price, terms of payment, or both for potential lease 3) Property: Firehouse Lane, Unincorporated Santa Cruz, CA APN: 067-202-60
Owner: C-SHORE, a Partnership; Robert R. Rittenhouse and Edithanne Rittenhouse; and Denoyer F. O’Laughlin and Nancy T. O’Laughlin City Negotiator: Rosemary Menard
Negotiating Parties: City of Santa Cruz and C-SHORE, a Partnership; Robert R. Rittenhouse and Edithanne Rittenhouse; and Denoyer F.
O’Laughlin and Nancy T. O’Laughlin
Under Negotiation: Price, terms of payment, or both
4) Property: 6000 La Madrona Drive, Scotts Valley, CA
APN: 021-141-20
Owner: Scotts Valley Fire Protection District
City Negotiator: Rosemary Menard
Negotiating Parties: City of Santa Cruz and Scotts Valley Fire Protection District
Under Negotiation: Price, terms of payment, or both
5) Property: 175 Sims Road, Santa Cruz, CA
APN: 067-202-66
Owner: Craig Yates and Nichole Yates, Co-Trustees of the Yates Family Trust Dated June 14, 2019
City Negotiator: Rosemary Menard
Negotiating Parties: City of Santa Cruz and The Yates Family Trust Under Negotiation: Price, terms of payment, or both
June 27, 2023 City Council 4
Closed Session (continued)
2. 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)
June 27, 2023 City Council 5
City Council
12:30 PM
Call to Order
Roll Call
Presentations
3. Mayoral Proclamation Declaring June 27, 2023 as LGBTQIA+ Youth and Allies Leadership Day
4. Mayoral Proclamation Declaring July as Parks and Recreation Month 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 Extending the Emergency Declaration in Connection with the December 2022 and January 2023 Winter Storms (CA/CM) Resolution extending by sixty days the Local Emergency Declaration in connection with the December 2022 and January 2023 winter storms.
June 27, 2023 City Council 6
Consent Agenda (continued)
7. Resolution Amending Card Room Wagering Limits in Accordance with Chapter 5.48 of the Municipal Code (CA)
Resolution raising wagering limits at cardrooms for Blackjack and Texas Hold 'Em.
8. Minutes of the June 13, 2023 City Council Meeting (CC) Motion to approve as submitted.
9. Update of Various Council Policies (CC)
Resolution updating various Council Policies to reflect general language updates, changes in laws, and/or align with the City's current practices.
10. Dissolution of the City/County 2x2 Committee and Appointment to the Santa Cruz Housing for Health Partnership (H4HP) Policy Board (CM) Motion to:
1) Dissolve the City/County 2x2 Committee; and
2) Appoint the position of Deputy City Manager to the Santa Cruz Housing for Health Partnership (H4HP) Policy Board.
11. City Overlook Emergency Shelter Operations and Management Contract Approval (CM)
Motion to authorize the City Manager to execute a contract, in a form to be approved by the City Attorney, with The Salvation Army in the amount of $4,048,426.19 to operate and manage the City Overlook emergency shelter program for a term not to exceed 12 months.
12. Tier 3 Safe Parking Operations and Management Contract Approval (CM)
Authorize the City Manager to execute a contract, in a form approved by the City Attorney, between the City of Santa Cruz and the Association of Faith Communities, in the amount of $430,161.60, to operate and manage the Tier 3 safe parking program.
June 27, 2023 City Council 7
Consent Agenda (continued)
13. Designation of Voting Delegate and Alternate to Attend the League of California Cities (LOCC) Annual Conference Being Held in Sacramento September 20-22, 2023 (CN)
Motion to designate Vice Mayor Golder as the voting delegate, and Councilmember Brunner as the alternate, in the event that Vice Mayor Golder is unavailable, to attend the League of California Cities Annual Conference in Sacramento.
14. First Amendment to Graffiti Abatement Services Agreement with Graffiti Protective Coatings, Inc. (ED)
Authorize the City Manager to execute the First Amendment to Graffiti Abatement Services Agreement, and any amendments thereto, in a form approved by the City Attorney, with Graffiti Protective Coatings, Inc., increasing the not to exceed amount from $125,000 to $147,000 for FY 2023 and extending service through FY 2024 in an amount of $147,688.
15. Proposition 4 Appropriations Limit Adjustment Factors (FN) Resolution approving the selection of the annual adjustment factors to be utilized in the calculation of the City’s Proposition 4 Appropriations Limit based on the adopted budget for FY 2024, with amendments thereto, if any.
16. Award Contract for Safety Footwear (FN)
Motion to:
1) Award a contract for citywide purchases for safety footwear to Beck’s Shoes, Inc., Campbell, California for a 3-year term; and 2) Authorize the City Manager to execute the agreement, in a form approved by the City Attorney, and any amendments within the approved operating budget.
June 27, 2023 City Council 8
Consent Agenda (continued)
17. Pass-Through Agreement with Volunteer Center of Santa Cruz County - TDA Claimant (FN)
Motion to:
1) Authorize and direct the City Manager to execute an agreement, in a form approved by the City Attorney, with Volunteer Center of Santa Cruz County, allowing the City to act as claimant for funds obtained from the Santa Cruz County Regional Transportation Commission (SCCRTC) for FY 2024; and
2) Authorize funding amount of $104,234 for FY 2024.
18. Pass-Through Agreement with Community Bridges/CTSA of Santa Cruz County - TDA Claimant (FN)
Motion to authorize and direct the City Manager to execute an agreement, in a form approved by the City Attorney, with Community Bridges/Consolidated Transportation Services Agency/State Transit Assistance (STA), allowing the City to act as claimant for funds obtained from the Santa Cruz County Regional Transportation Commission (SCCRTC) for FY 2024.
19. Award Contract to Tyler Technologies to Implement Tyler Enterprise Permitting and Licensing Software (Tyler EPL, formerly Tyler EnerGov) (PL/IT)
Motion to authorize the City Manager to execute contracts, in forms approved by the City Attorney, with Tyler Technologies for licensing, maintenance, and implementation of Tyler Technologies’ enterprise permitting and licensing (EPL) software.
20. Contract Amendment for Kimley-Horn Associates for Professional Services Related to the Downtown Plan Expansion (PL)
Motion authorizing the City Manager to execute a contract amendment, in a form approved by the City Attorney, with Kimley-Horn Associates in an amount not to exceed $297,500, based on the attached scope of work and budget.
June 27, 2023 City Council 9
Consent Agenda (continued)
21. FreeWire Boost Charger for Medium/Heavy Duty Vehicles (g402301) – Award Contract and Budget Adjustment (PW)
Motion to:
1) Adopt a resolution to amend the FY 2023 budget to appropriate funds in the amount of $233,745; and
2) Authorize the purchase of FreeWire Boost Charger from FreeWire Technologies (Newark, CA) in the amount of $214,655.
22. Overnight Parking Permit Fees Related to Oversized Vehicle Ordinance (No. 2021-20) Implementation (PW)
Resolution establishing fees for City-issued oversized vehicle overnight parking permits.
23. West Cliff Drive Stabilization Project (c401501) - Ratification of Plans and Specifications, Authorization to Advertise for Bids and Award Contract, and Authorize Professional Service Agreement for Construction Support Services (PW)
Motions to:
1) Ratify the plans and specifications for the West Cliff Drive Stabilization Project (c401501), authorize an exemption from local employment requirements, and bid and award the contract. Per Resolution No. NS-27,563, the City Manager is hereby authorized and directed to execute the contract, in a form approved by the City Attorney. The Director of Public Works is authorized to execute change orders within the approved project budget.
2) Approve and authorize the City Manager to execute a Professional Service Agreement with Mesiti Miller Engineering (Santa Cruz, CA) for Construction Support Services for the West Cliff Drive Stabilization Project (c401501), in a form approved by the City Attorney. The Director of Public Works is authorized to execute contract amendments within the approved project budget.
June 27, 2023 City Council 10
Consent Agenda (continued)
24. Award Contract for Vapex Micro Odor Control Units (m409659) (PW) Motion to award a contract for the purchase of four Vapex Micro Odor Control Units from Vapex Environmental Technologies, LLC (Cocoa, FL) in the amount of $634,242.12.
25. Beltz Well 9 Aquifer Storage and Recovery Pilot Testing – Approval of California Environmental Quality Act Exemption, Plans and Specifications, and Authorization to Advertise and Award Contract (WT) Motion to approve plans and specifications for construction of the Beltz Well 9 Aquifer Storage and Recovery Pilot Testing Program (Project), authorize staff to advertise for bids, find the Project exempt under the California Environmental Quality Act (CEQA), and award the contract.
Per Resolution No. NS-27,563, the City Manager is hereby authorized and directed to execute the contract, in a form approved by the City Attorney. The Water Director is authorized to execute change orders within the approved project budget.
26. Beltz Wells 8 and 12 Aquifer Storage and Recovery Design – Award of Professional Services (WT)
Motion authorizing the City Manager to execute an agreement in a form to be approved by the City Attorney with Carollo Engineers (Walnut Creek, CA) for Professional Engineering Services for Beltz Wells 8 and 12 Aquifer Storage and Recovery Design and to authorize the Water Director to execute future contract amendments within the approved budget.
27. Resolution Transferring Funds within the Water Enterprise Funds to Meet FY 2023 Financial Targets – Budget Adjustment (WT) Resolution transferring $8,000,000 to the Water Operations Fund (Fund 711) and $600,000 to the Water 90–Day Fund (Fund 716) from the Water Rate Stabilization Fund (Fund 713).
End Consent Agenda
June 27, 2023 City Council 11
Public Hearings
28. 2nd Reading and Final Adoption of Ordinance No. 2023-08 Amending Select Portions of Chapter 10.40 and Section 10.41.060 of the Santa Cruz Municipal Code, Pertaining to the Parking of Oversized Vehicles (PL/CA)
Adopt Ordinance No. 2023-08 amending select portions of Chapters
10.40 and Section 10.41.060 of the Santa Cruz Municipal Code, pertaining to the parking of oversized vehicles.
29. Cooperative Retail Management Business Real Property Improvement District Assessments for FY 2024 (ED)
Absent receipt of a majority vote from property owners against the proposed assessment at the close of the public hearing:
Motion to:
1) Adopt a resolution confirming the Cooperative Retail Management Business Real Property Improvement District FY 2024 Annual Plan and levying Cooperative Retail Management Business Real Property Improvement District Assessments for FY 2024; and
2) Adopt Ordinance No. 2023-09 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 FY 2024.
30. Appeal of Proposed Single Space Markings on David Way (PW) Resolution to deny the appeal of the Transportation and Public Works Commission’s decision and not install single space markings on David Way.
General Business
31. Five-Year Strategic Plan (CN)
Motion to provide feedback for the first draft of City of Santa Cruz’s five-year strategic plan.
June 27, 2023 City Council 12
General Business (continued)
32. 2022 Commission for the Prevention of Violence Against Women (CPVAW) Annual Report (CM)
Receive the 2022 Commission for the Prevention of Violence Against Women (CPVAW) Annual Report.
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 27, 2023 City Council 13
INFORMATION ITEMS PREVIOUSLY DISTRIBUTED TO CITY COUNCILMEMBERS ADDENDUM TO CITY COUNCIL AGENDA – JUNE 27, 2023
33. City Manager: Quarterly Grant Report – Fiscal Year 2023 as of March 31, 2023 - June 16, 2023 (CMFYI 265)
34. Finance Department: Portfolio Management Report – Pooled Cash and Investments as of May 31, 2023 - 6/15/23 (FNFYI 371)
MAYOR'S PROCLAMATIONS
ADDENDUM TO CITY COUNCIL AGENDA – JUNE 27, 2023
35. Proclaiming June 23, 2023 as “Day Worker Center Day” and encouraging all citizens to join in expressing heartfelt appreciation for its endeavors to work for the betterment of the lives of day workers in our community.
36. Proclaiming June 24, 2023 as “Abi Mustapha Day” in recognition of her work as an artivist with Santa Cruz Equity Collab and her commitment to the pursuit of equity, justice, and liberation for all and encouraging all citizens to join in this observance.
37. Proclaiming Tuesday, June 27, 2023 as “LGBTQIA+ Youth and Allies Leadership Day” and encouraging all residents to embrace, respect, and support the rights and culture of all individuals who identify as LGBTQIA+; congratulating the LGBTQIA+ students and allies who were honored at the 26th Annual Queer Youth Leadership Awards; and joining members of the LGBTQIA+ community in their fight for equal rights in our city, state, nation, and beyond.
38. Proclaiming the month of July 2023 as “Parks and Recreation Month.” June 27, 2023 City Council 14
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.