CITY OF SANTA CRUZ
809 Center Street
Santa Cruz, California 95060
CITY COUNCIL AGENDA
Regular Meeting - September 26, 2023
1:00 P.M. CLOSED SESSION, ZOOM/COURTYARD CONFERENCE ROOM 1:45 P.M. ORAL COMMUNICATIONS, CONSENT, GENERAL BUSINESS AND PUBLIC
HEARINGS, 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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1-669-900-9128
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, September 25th
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 24th by emailing the Mayor and the City Clerk.
Approval will be confirmed via email.
[email protected] [email protected]
September 26, 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
1:00 PM
Closed Session
1. Conference With Legal Counsel – Liability Claims (Government Code §54956.95)
1) Claimant: Michael Lewis Sweatt
2) Claimant: Andre Deladier Almeida
Claims against the City of Santa Cruz
2. Conference with Legal Counsel - Anticipated Litigation (Government Code §54956.9(d)(4))
Initiation of litigation (one potential case to be discussed) September 26, 2023 City Council 3
City Council
1:45 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
Presiding Officer's Announcements
Statements of Disqualification
Additions and Deletions
City Attorney Report on Closed Session
Council Meeting Calendar
3. The City Council will review the meeting calendar attached to the agenda and revise it as necessary.
September 26, 2023 City Council 4
Consent Agenda
4. Resolution Updating the City of Santa Cruz Bail Schedule (CA) Resolution adopting an updated bail schedule and directing staff to forward the updated bail schedule to the Santa Cruz County Superior Court.
5. Minutes of the September 12, 2023 City Council Meeting (CC) Motion to approve as submitted.
6. Amendments to Extend the Term of the Ground Lease, Temporary Arena Lease and the Loan Agreement for the Kaiser Permanente Arena (ED)
Motion to approve the amendments to the term of the Ground Lease between the City of Santa Cruz and the Seaside Company and the Arena Lease and Loan Agreement between the City of Santa Cruz and the Santa Cruz Warriors for the Kaiser Permanente Arena.
7. Liability Claims Filed Against the City of Santa Cruz (FN) Motion to reject the liability claims of 1) Michael Lewis Sweatt, and 2) Andre Deladier Almeida, based on staff recommendation.
8. Side Letters of Agreement with Service Employees International Union and Supervisory OE3 - Duty Assignment and Shift Differential for Lone Operators Changes (HR)
Motion to:
1) Adopt a resolution approving a Side Letter of Agreement with the Santa Cruz Service Employees of the Service Employees International Union, Local 521, and
2) Adopt a resolution approving a Side Letter of Agreement with the Supervisory, Operating Engineers Local #3.
September 26, 2023 City Council 5
Consent Agenda (continued)
9. Water Service for APN 068-121-27, Branciforte Drive, Santa Cruz CA 95065 (WT)
Motion to declare willingness to provide water service to Assessor Parcel Number 068-121-27, Branciforte Drive, Santa Cruz, CA 95065, and to find the action exempt under the California Environmental Quality Act.
End Consent Agenda
Public Hearings
10. 2nd Reading and Final Adoption of Ordinance No. 2023-10 Amending the Santa Cruz Municipal Code Section 16.08.110, Prohibitions and Limitations on Wastewater Discharges (PW)
Motion to adopt Ordinance No. 2023-10 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).
11. Tree Permit Appeal 339 Walnut Avenue (PR)
Resolution to deny the appeal and uphold the Parks and Recreation Commission’s approval of tree removal permit application TR23-0089 submitted by Santa Cruz Property Management to remove one coast redwood tree located at 339 Walnut Avenue.
September 26, 2023 City Council 6
Public Hearings (continued)
12. Downtown Association: Parking and Business Improvement Area Assessments for FY 2024 (ED)
Absent receipt of a majority vote from business owners against the proposed assessment increase at the close of the public hearing:
Motion to:
1) Adopt a resolution confirming the Downtown Association updated FY 2024 Annual Plan and levying an increased Downtown Parking and Business Improvement Assessment for FY 2024; and
2) Adopt Ordinance No. 2023-11 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.
General Business
13. West Cliff Update, including Infrastructure, Transportation, Regulatory Planning, and Roadmap Development (CM/PW)
Motion to receive updates on:
1) Any recent construction or traffic work for infill walls project; 2) Planning and regulatory efforts relevant to the West Cliff area; 3) Three-year post-recovery roadmap, 50-year vision, and interagency coordination; and
4) Funding.
Adjournment
September 26, 2023 City Council 7
INFORMATION ITEMS PREVIOUSLY DISTRIBUTED TO CITY COUNCILMEMBERS ADDENDUM TO CITY COUNCIL AGENDA – SEPTEMBER 26, 2023
14. Public Works Department: San Lorenzo River Levee Task Force Update - 8/31/23 (PWFYI 0109)
MAYOR'S PROCLAMATIONS
ADDENDUM TO CITY COUNCIL AGENDA – SEPTEMBER 26, 2023
15. Proclaiming Saturday, September 16, 2023 as “Henry L. Barnett Day” and encouraging all citizens to join in honoring his service to our country.
16. Proclaiming September 23, 2023 as “Santa Cruz Skateboards/NHS Day” and encouraging all citizens to join in congratulating Santa Cruz Skateboards and NHS on its 50th Anniversary, honoring it as an outstanding member of the local business community, and expressing heartfelt appreciation for its service to the community during those years.
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 September 26, 2023 City Council 8
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.