CITY OF SANTA CRUZ
809 Center Street
Santa Cruz, California 95060
CITY COUNCIL AGENDA
Regular Meeting – August 8, 2022
1:00 P.M. CLOSED SESSION, ZOOM/COURTYARD CONFERENCE ROOM 3:00 P.M. CONSENT, CONSENT PUBLIC HEARING, 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
Or: Call any of the numbers below. If one is busy, try the next one. 1-833-548-0276 (Toll Free)
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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, August 7th
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, August 6th by emailing the Mayor and the City Clerk.
Approval will be confirmed via email.
[email protected] [email protected]
August 8, 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.
August 8, 2023 City Council 3
Closed Session
1:00 PM
1. Conference with Labor Negotiators (Government Code §54957.6) SEIU Temporary Employees
SEIU Service Employees
Mid Managers, OE3
Supervisors, OE3
Executives
City Negotiator – Sara De Leon
2. Conference with Legal Counsel – Liability Claims (Government Code §54956.95)
1) Claimant: Mercury Insurance
2) Claimant: Brent Michael Campagnolo
3) Claimant: Anthony Joseph Toste
4) Claimant: Marisela Hernandez Ramos
5) Claimant: Elaine Rodriguez
Claims against the City of Santa Cruz
3. 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)
4. Conference with Legal Counsel – Anticipated Litigation (Government Code §54956.9(d)(2)
Significant exposure to litigation (one potential case to be discussed) August 8, 2023 City Council 4
Closed Session (continued)
5. Conference with Legal Counsel - Anticipated Litigation (Government Code §54956.9(d)(4))
Initiation of litigation (one potential case to be discussed) August 8, 2023 City Council 5
City Council
3:00 PM
Call to Order
Roll Call
Presentation
6. Central Coast Community Energy Annual Update
Presiding Officer's Announcements
Statements of Disqualification
Additions and Deletions
City Attorney Report on Closed Session
Council Meeting Calendar
7. The City Council will review the meeting calendar attached to the agenda and revise it as necessary.
Consent Agenda
8. Minutes from the June 27, 2023 City Council Meeting (CC) Motion to approve as submitted.
9. Resolution Ordering an Election for Four Council Seats, Districts 1, 2, 3, and 5, for the March 5, 2024 Primary Election (CC)
Resolution ordering an election, requesting the County Elections Department to conduct the election, and requesting consolidation of the election with the March 5, 2024 Primary Election.
August 8, 2023 City Council 6
Consent Agenda (continued)
10. Five-Year Strategic Plan (CM)
Motion to adopt the City of Santa Cruz’s Five-Year Strategic Plan.
11. Santa Cruz County Civil Grand Jury Response (CM)
Motion to authorize the Mayor to submit responses to the Santa Cruz Civil County Grand Jury on behalf of the Santa Cruz City Council for the following reports:
1) Cyber Threat Preparedness – Phishing and Passwords and Ransomware, Oh My!; and
2) Housing Our Workers – Essential Workers Need Affordable Housing!
12. State Coastal Conservancy Grant Program: Authorization for Application, Acceptance, and Appropriation of Grant Funds for a Living Shoreline, Nature-Based Solutions and Sand Management Feasibility Study (CM)
Resolution ratifying an application for the State Coastal Conservancy’s grant program, and authorizing the City Manager to accept and appropriate funds for a grant to assess the feasibility of living shorelines, nature-based solutions, and sand management along the City of Santa Cruz’s coastline.
13. Authorization to Submit a Grant Application to the Federal Highway Administration Charging and Fueling Infrastructure Discretionary Grant Community Program as a Co-applicant for the Monterey Bay Region Equitable Electric Vehicle (EV) Charging Project (CM)
Resolution authorizing the City Manager to apply for, accept, and execute in the name of the City of Santa Cruz all necessary applications, contracts, agreements, and amendments thereto, and appropriate funds from the Federal Highway Administration to implement and carry out the scope of work for the Monterey Bay Region Equitable Electric Vehicle (EV) Charging Project specific to the City of Santa Cruz.
August 8, 2023 City Council 7
Consent Agenda (continued)
14. Ordinance Requiring Delivery Companies to Provide a Service Enabling Customers to Tip Delivery Drivers (CN)
Motion to authorize an ad-hoc committee to work with the City Attorney to develop an ordinance requiring delivery companies to give customers the option to tip residential delivery drivers.
15. Liability Claims Filed Against the City of Santa Cruz (FN) Motion to reject the liability claims of 1) Mercury Insurance, 2) Brent Michael Campagnolo, 3) Anthony Joseph Toste, 4) Marisela Hernandez Ramos; and to return as late the claim of 5) Elaine Rodriguez, based on staff recommendation.
16. Side Letter of Agreement: Santa Cruz Mid-Management and MidSupervisory OE3 for Short-Term Disability Benefits (HR) Motion to:
1) Adopt a resolution approving a Side Letter of Agreement with the Santa Cruz Mid-Management Association of the City of Santa Cruz Operating Engineers Local #3 (OE3); and
2) Adopt a resolution approving a Side Letter of Agreement with the Supervisory Employees of the City of Santa Cruz Operating Engineers, Local #3.
17. Board of State and Community Corrections of California Officer Wellness and Mental Health Grant Program Award (PD)
Resolution to accept the Officer Wellness and Mental Health Grant funds, administered by the Board of State and Community Corrections of California, and amend the FY 2023 budget in the amount of $50,549.95 and appropriate those funds for improving officer wellness and expanding officer mental health resources.
18. Regional Early Action Planning (REAP) 2.0 Local Funding Grant Application (PL)
Resolution authorizing staff to apply for REAP 2.0 grant funding to advance the development of the Downtown Library and Affordable Housing project.
August 8, 2023 City Council 8
Consent Agenda (continued)
19. San Lorenzo River Vegetation Management for Flood Control Project (m409505) (PW)
Motion to authorize the issuance of a Request for Proposals for the San Lorenzo River Vegetation Management for Flood Control Project (m409505). The City Manager is hereby authorized and directed to execute an agreement in a form approved by the City Attorney. The Public Works Director is authorized to execute contract amendments within the approve project budget.
20. Wastewater Treatment Facility Southside Fence Replacement Project (m409659) – Authorization to Advertise and Award (PW)
Motion to approve the plans and specifications for the Wastewater Treatment Facility Southside Fence Replacement Project (m409659), 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 Director of Public Works is authorized to execute change orders within the approved project budget.
21. Adjustment of Water Department Miscellaneous Fees (WT) Resolution adjusting the Water Department’s miscellaneous fees for services due to labor cost increases and rescinding Resolution No. NS29,540.
22. Resolution to Reimburse Capital Expenditures from Future State Water Resources Control Board Financing for the Graham Hill Water Treatment Plant Facilities Improvement Project (WT)
Resolution authorizing the Water Department to be reimbursed by State Water Resources Control Board (SWRCB) for costs related to the Graham Hill Water Treatment Plant Facilities Improvement Project.
August 8, 2023 City Council 9
Consent Agenda (continued)
23. Felton Diversion Pipeline Emergency Repair Project (e702301) – Ratification of Plans and Specifications and Authorization to Advertise for Bids and Award Contract (WT)
Motion to ratify the plans and specifications for the Felton Diversion Pipeline Emergency Repair Project (e702301) and staff’s action to advertise for bids on the City’s website; authorize the Water Director to execute change orders within the approved project budget; find the project exempt under the California Environmental Quality Act; and authorize and direct the City Manager, or designee, to execute the contract per Resolution No. NS-27,563, and in a form approved by the City Attorney.
24. Regional Drought Resiliency Project: Scotts Valley Water District - City of Santa Cruz Intertie-1 Project (c702205) – Project Approval (WT) Motion to approve the Scotts Valley Water District - City of Santa Cruz Water Intertie-1 Project (c702205) considering the certified Santa Cruz Water Rights Project Final Environmental Impact Report and the Intertie-1 Project Addendum to the Santa Cruz Water Rights Project Final Environmental Impact Report.
End Consent Agenda
August 8, 2023 City Council 10
Consent Public Hearing
25. 2022-2023 HUD Annual Action Plan First Substantial Amendment for CDBG Funding Allocation & Budget Adjustment (ED)
Motion to:
1) Adopt a resolution to:
a) Amend the 2022-2023 Annual Action Plan (AAP) to cancel the 2022 Program Year (PY) Darwin Street Renovation Project, allocate this funding to the Homeless Garden Project Office Renovation Project, and direct staff to submit the First Substantial Amendment documents to U.S. Department of Housing and Urban Development (HUD); and
b) Approve the 2022-2023 AAP budget adjustment reallocating 2022-2023 Community Development Block Grant (CDBG) funding from the Darwin Street Renovation Project to the Homeless Garden Project Office Renovation Project and appropriating the funds in the FY24 budget; and
c) Authorize the City Manager to execute project contracts, loan or grant agreements, contract amendments and related loan or grant documents with (CDBG) sub-recipients, departments and contractors in connection with Consolidated Plan activities proposed in the 2022-2023 AAP First Substantial Amendment; and 2) Adopt a resolution to amend the FY24 budget to appropriate funds in the amount of $93,411 for the Homeless Garden Project renovations including, but not limited to mold, asbestos, lead remediation, roof repair, foundation work, and utility hookups.
August 8, 2023 City Council 11
Public Hearings
26. Resolution Establishing a Proposed Resource Recovery Collection Rates Increase Beginning on September 1, 2023 (PW)
Accept the cost-of-service report prepared by HF&H, Inc. which provides the basis for the proposed 5-year refuse rate increases between September 1, 2023 and September 1, 2027, and adopt a resolution revising the schedule of fees for collection of refuse, garbage, trash and recyclables, enclosure maintenance fees, use rates for special containers and customer services, and rescinding Resolution No. NS-29,856.
27. Resolution of Necessity for Regional Drought Resiliency Project:
Intertie 1 for Firehouse Lane Property, APN 067-202-60, Owned by CSHORE, a Partnership, Robert R. and Edithanne Rittenhouse, and Denoyer F. and Nancy T. O’Laughlin (CA/WT)
Resolution finding that public interest and necessity require the acquisition of interests in certain real property on Assessor’s Parcel Number 067-202-60, located in the unincorporated area of Santa Cruz County, and authorizing the City Attorney to proceed with eminent domain proceedings to acquire the real property.
General Business
28. San Lorenzo Park Redesign Process (PR)
Receive an update, provide direction as appropriate, and accept the draft guiding principles and design goals for the San Lorenzo Park Redesign process.
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
August 8, 2023 City Council 12
INFORMATION ITEMS PREVIOUSLY DISTRIBUTED TO CITY COUNCILMEMBERS ADDENDUM TO CITY COUNCIL AGENDA – AUGUST 8, 2023
29. Finance Department: Portfolio Management Report – Pooled Cash and Investments as of June 30, 2023 7/24/23 (FNFYI 372)
30. Water Department: Water Project Costs Eligible for Financing - 6/14/23 (WTFYI 082)
MAYOR'S PROCLAMATIONS
ADDENDUM TO CITY COUNCIL AGENDA – AUGUST 8, 2023
31. Proclaiming June 24, 2023 as “Santa Cruz Woodies and Woodies on the Wharf Day” and encouraging all citizens to join in celebrating Woodies on the Wharf as a locally beloved Santa Cruz event.
32. Proclaiming August 4, 2023 as “Ellen Primack Day” and encouraging all citizens to join in paying tribute to her extraordinary contributions, unwavering passion, and unparalleled dedication to the world of contemporary music and the arts community in Santa Cruz.
Advisory Body Appointments
The following positions are vacant. Council will make the appointments at a future meeting. The Water Commission vacancies are scheduled to be filled at the September 12, 2023 City Council meeting. The deadline to submit an application to serve on the Water Commission is Wednesday, September 6, 2023.
County Latino Affairs Commission One opening – at-large nomination Sister Cities Committee Three openings – at-large nominations Water Commission Two openings – One at-large nomination, and one opening to be appointed by
Councilmember Newsome.
August 8, 2023 City Council 13
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.