CITY OF SANTA CRUZ
809 Center Street
Santa Cruz, California 95060
CITY COUNCIL AGENDA
Regular Meeting – September 12, 2023
Updated September 8, 2023
1:00 P.M. CLOSED SESSION, ZOOM/COURTYARD CONFERENCE ROOM 2:00 P.M. ORAL COMMUNICATIONS, CONSENT, AND GENERAL BUSINESS,
ZOOM/COUNCIL CHAMBERS
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Correspondence to be included in the agenda packet must be received by 5:00 pm on Monday, September 11th
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, September 10th by emailing the Mayor and the City Clerk.
Approval will be confirmed via email.
[email protected] [email protected]
September 12, 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.
September 12, 2023 City Council 3
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, and 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: 140 Front Street
APN: 005-053-27
Owner: Seaside Company
City Negotiator: Bonnie Lipscomb
Negotiating Parties: City of Santa Cruz, Seaside Company, and Golden State Warriors
Under Negotiation: Price, terms of payment, or both
2. Conference With Legal Counsel – Liability Claims (Government Code §54956.95)
1) Claimant: Joshua David Abbey
2) Claimant: Barton Russell Jackson
3) Claimant: Barton Russell Jackson
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) Item 4.2 was added.
4. Conference with Legal Counsel – Existing Litigation (Government Code § 54956.9(d)(1))
1) Barbera v. Garney Pacific, Inc., et al.
(Santa Cruz County Superior Court Case No. 23CV01960)
2) City of Santa Cruz v. Chevron Corp., et al.
(Santa Cruz County Superior Court Case No. 17CV03243)
September 12, 2023 City Council 4
City Council
2:00 PM
Call to Order
Roll Call
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
Presentation
5. Mayoral Proclamation Declaring September 2023 as Childhood Cancer Awareness Month
Presiding Officer's Announcements
Statements of Disqualification
Additions and Deletions
City Attorney Report on Closed Session
Council Meeting Calendar
6. The City Council will review the meeting calendar attached to the agenda and revise it as necessary.
September 12, 2023 City Council 5
Consent Agenda
7. Minutes of the August 22, 2023 City Council Meeting (CC) Motion to approve as submitted.
8. Authorize Contract with Community Bridges to Operate the City Overlook Emergency Shelter Transportation Program - Budget Adjustment (CM)
Motion to:
1) Authorize the City Manager to execute a contract, in a form to be approved by the City Attorney, between the City of Santa Cruz and Community Bridges in an amount of $314,508 to operate and manage the Emergency Shelter Transportation program at the Armory for the contract period of September 15, 2023 through June 30, 2024; and 2) Adopt a resolution amending the FY 2024 budget to appropriate $314,508 from project p102206-Outreach and Shelter Staffing to project p102202 – Safe Sleeping & Shelter Armory.
9. Mission Gardens Apartments Amendment to HOME Investment Partnership Regulatory Agreement & Assumption Agreements (ED) Motion to adopt a resolution to:
1) Authorize the City Manager to execute any and all amendments necessary, in a form to be approved by the City Attorney, to change the Managing Agent from John Stewart Company to Rose Community Management LLC including but not limited to Exhibit D of the HOME Investment Partnership Regulatory Agreement, upon close of escrow should Rose Affordable Housing Preservation Fund V Mission Gardens L.P. take ownership of the property located at 90 Grandview Street; and
2) Authorize the City Manager to execute any and all agreements necessary, in a form to be approved by the City Attorney, for Rose Affordable Housing Preservation Fund V Mission Gardens, L.P. to assume all existing affordability requirements currently recorded against 90 Grandview Street and extend the City Redevelopment Agency affordability requirements in perpetuity.
September 12, 2023 City Council 6
Consent Agenda (continued)
10. Liability Claims Filed Against the City of Santa Cruz (FN) Motion to reject the liability claims of 1) Joshua David Abbey, 2) Barton Russell Jackson (date of occurrence 8/1/23), and 3) Barton Russell Jackson (date of occurrence 7/17/23), based on staff recommendation.
11. 2021 Compensation Study Implementation for Various Bargaining Groups (HR)
Motion to:
1) Adopt a resolution modifying the Compensation Plan for identified Service classifications as a result of mapped enterprise-funded classifications receipt of pay increases from April 1, 2023; and 2) Adopt a resolution modifying the Compensation Plan for identified Supervisory classifications to address compaction and market issues; and
3) Adopt a resolution amending the FY 2024 budget in the amount of $483,668 allocated to various departmental operating budgets to cover the aforementioned cost increases as identified in the budget adjustment.
12. Main Beach Public Restroom Renovation Project – Authorization to Advertise for Bids and Award Contracts (PR)
Motion to approve the plans, authorize staff to advertise for bids, award contracts, and authorize the Director to execute change orders within the approved project budget for the Main Beach Public Restroom Renovation Project (c301913) which has been funded through the California Department of Transportation’s Clean California Local Grant Program Award. The City Manager, or designee, is hereby authorized and directed to execute the contract as authorized by Resolution No. NS-27,563.
September 12, 2023 City Council 7
Consent Agenda
13. Regional Participation in Household Hazardous Waste Grant Cycle 41 (PW)
Resolution authorizing the City’s regional participation in the CalRecycle Household Hazardous Waste Cycle 41 and authorize the City Manager to submit all required documentation and payment requests.
14. CalRecycle Grant Authorization (PW)
Resolution authorizing the City Manager to submit all CalRecycle Grants applications for which the City is eligible.
15. Scenic Street Sewer Rehabilitation (c401511) – Authorization to Advertise and Award (PW)
Motion to approve the plans and specifications for the Scenic Street Sewer Rehabilitation (c401511), 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. NS27,563, in a form approved by the City Attorney. The Director of Public Works is authorized to execute change orders within the approved project budget.
16. Felton Diversion Emergency Pipeline Repair Project – Budget Adjustment (WT)
Resolution amending the FY 2024 budget to transfer $3,100,000 within the Water Department’s Capital Investment Program budget from the Water Program Management Reserve (c702003) to the Felton Diversion Emergency Pipeline Repair Project (e702301).
17. Approval of License Agreement with Soquel Creek Water District for DeLaveaga Tanks Communication Equipment (WT)
Motion authorizing the Water Director to execute a License Agreement with Soquel Creek Water District in a form approved by the City Attorney to access the Water Department’s DeLaveaga tank site and install and maintain communication equipment at the site.
End Consent Agenda
September 12, 2023 City Council 8
General Business
18. Water Commission Appointments (CC)
Motion to:
1) Approve Councilmember Newsome’s Water Commissioner
nomination, with a term ending January 31, 2027; and
2) Appoint one Water Commissioner, at-large, with a term ending January 31, 2026.
19. Amendment of Santa Cruz Municipal Code Section 16.08.110, Prohibitions and Limitations on Wastewater Discharges (PW) Introduce for publication an ordinance amending Santa Cruz Municipal Code Section 16.08.110, Prohibitions and Limitations of Wastewater Discharges, in compliance with the Clean Water Act at sections 403.6 (e) and 403.8 (National Pretreatment Standards).
20. Downtown Association: Parking and Business Improvement Area Assessments for FY 2024 (ED)
Motion to:
1) Approve, or modify and approve, the updated plan prepared by the Downtown Association for FY 2024; and
2) Adopt the Resolution of Intention to levy a Downtown Parking and Business Improvement Assessment for FY 2024 and schedule a public hearing for September 26, 2023 on the levy of the assessments for FY 2024; and
3) Introduce for publication an ordinance confirming that Chapter 5.05 of the Santa Cruz Municipal Code shall continue to apply to the Parking and Business Improvement and setting forth a new method and basis for levying assessments thereby resulting in an increased assessment.
21. Water Street Bridge Historical Marker (CN)
Receive an update from the Water Street Bridge Ad Hoc Committee, approve the plaque language, location, and installation of the historical marker, and provide feedback as needed.
September 12, 2023 City Council 9
General Business (continued)
22. West Cliff Infrastructure and Transportation Update (PW/CM) Motion to:
1) Receive updates on West Cliff-related capital projects including Bethany Curve culvert, rip-rap, and infill walls; transportation efforts including the study conducted on the one-way pilot; and infrastructure next steps including impacts for West Cliff given construction projects; 2) Direct staff to restore two-way traffic, remove the one-way pilot when the infill walls are complete, and include further traffic options in the 50-year vision project;
3) Adopt a resolution to approve a City traffic calming toolkit; and 4) Adopt a resolution to amend the FY 2024 budget to appropriate $1.7 million from Gas-Tax, $1 million from General Fund Capital Investment Program (CIP), and $1 million from state earmark to the West Cliff Stabilization Project (c401501).
Adjournment
September 12, 2023 City Council 10
INFORMATION ITEMS PREVIOUSLY DISTRIBUTED TO CITY COUNCILMEMBERS ADDENDUM TO CITY COUNCIL AGENDA – SEPTEMBER 12, 2023
23. Finance Department: Portfolio Management Report – Pooled Cash and Investments as of July 31, 2023 - 8/11/23 (FNFYI 373)
24. Economic Development and Housing Department: Ocean Street Gateway Beautification Project Update - 8/24/23 (EDFYI 002)
MAYOR'S PROCLAMATIONS
ADDENDUM TO CITY COUNCIL AGENDA – SEPTEMBER 12, 2023
25. Proclaiming August 19, 2023 as “Scholl Marr Castle Day” and encouraging one and all to visit Seabright State Beach to view this vibrant piece of local history now on display for the community.
26. Proclaiming Saturday, October 21, 2023 as “Santa Cruz Band Review Day.”
27. Proclaiming September 8, 2023 as “Lisa Berkowitz Day” and encouraging all citizens to join in expressing heartfelt appreciation for her devoting 44 years of her life to ensuring that older adults throughout Santa Cruz County have access to healthy nutritious meals and commending her for dedicating her life to ensuring that no senior goes hungry through her diligent, heartfelt, and tireless work at Meals on Wheels for Santa Cruz County.
28. Proclaiming the month of September 2023 as “Childhood Cancer Awareness Month” and encouraging all citizens to join in honoring Jacob’s Heart Children’s Cancer Support Services for its 25 years of outstanding support to our community and acknowledging its contributions to Childhood Cancer Awareness Month.
September 12, 2023 City Council 11
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.