CITY OF SANTA CRUZ
809 Center Street
Santa Cruz, California 95060
CITY COUNCIL AGENDA
Regular Meeting - November 14, 2023
12:45 P.M. CLOSED SESSION, ZOOM/COURTYARD CONFERENCE ROOM 1:45 P.M. ORAL COMMUNICATIONS, CONSENT, PUBLIC HEARING, AND GENERAL
BUSINESS, 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, November 13th
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, November 12th by emailing the Mayor and the City Clerk.
Approval will be confirmed via email.
[email protected] [email protected]
November 14, 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
12:45 PM
Closed Session
1. Conference With Legal Counsel – Liability Claims (Government Code §54956.95)
1) Claimant: Barbara Jeanne Lawrence
2) Claimant: Zita Morrow
Claims against the City of Santa Cruz
2. Conference With Legal Counsel – Anticipated Litigation (Government Code §54956.9(d)(2))
Significant exposure to litigation (two potential cases to be discussed) November 14, 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
Presentations
3. Arts and Economic Prosperity Study Results
4. Mayoral Proclamation Declaring November 25, 2023 as Small Business Saturday
5. Friends of the Library to Present a Check for the Branciforte and Garfield Park Library Projects
Presiding Officer's Announcements
Statements of Disqualification
Additions and Deletions
City Attorney Report on Closed Session
November 14, 2023 City Council 4
Council Meeting Calendar
6. The City Council will review the meeting calendar attached to the agenda and revise it as necessary.
Consent Agenda
7. Minutes of the October 24, 2023 City Council Meeting (CC) Motion to approve as submitted.
8. Resolution Setting the Regular Meeting Schedule for the Calendar Year 2024 (CC)
Resolution setting the 2024 City Council meeting calendar.
9. Cooperative Retail Management Fund Budget Adjustment (ED) Resolution amending the FY 2024 budget to allocate $190,000 of Cooperative Retail Management assessment funding to the Downtown Management Corporation.
10. Award Contract for Elevator Maintenance Services (FN) Motion to:
1) Award a contract, via a cooperative purchasing agreement, for the citywide purchases for Elevator Maintenance Services to Otis Elevator Company in Monterey, California for a 3-year term; and
2) Authorize the City Manager or designee to execute the agreement and any amendments within the approved operating budget.
11. Award Contract for Fuel, Oil, and Lubricants (FN)
Motion to award a contract for citywide purchases for on-call fuel, oil, and lubricants, to Tom Lopes Distributing, Inc. DBA Western States Oil (Western States Oil), San Jose, California in the amount not to exceed $1.5 million over 5 years and to authorize the City Manager to execute an agreement in a form approved by the City Attorney with Tom Lopes Distributing, Inc. DBA Western States Oil.
November 14, 2023 City Council 5
Consent Agenda (continued)
12. Liability Claims Filed Against the City of Santa Cruz (FN) Motion to reject the liability claims of 1) Barbara Jeanne Lawrence, and 2) Zita Morrow, based on staff recommendation.
13. Consideration to Add a Single-Family Residence Located at 118 Ortalon Circle in the R-1-10 (Single-Family Residence) Zone District to the City's Historic Building Survey. (Environmental Determination: Not a Project Subject to CEQA (Sec. 15061(b)(3), General Rule/Common Sense Exemption) Owners: Michael and Rachel Lewis, Filed 8/9/2023 (PL) Resolution adding the residence located at 118 Ortalon Circle to the City's Historic Building Survey, based on the noted findings.
14. San Lorenzo Park Redesign (c301907) – First Amendment to Agreement for Landscape Architectural Services and Budget Adjustment (PR) Motion to:
1) Approve and authorize the City Manager to execute an amendment to the professional services agreement with Bionic Landscape, Inc. for redesigning San Lorenzo Park, in a form approved by the City Attorney.
The Director of Parks and Recreation is authorized to execute contract amendments within the approved project budget; and
2) Adopt a resolution amending the FY 2024 budget and appropriating $40,000 from the Parks Facilities Tax Fund account and amending the Parks and Recreation Capital Investment Program budget from $100,000 to $140,000 in c301907 (San Lorenzo Park Redesign).
15. Award Contract for Trailer Jet (PW)
Motion to award a contract for the purchase of one replacement Trailer Jet from O’Brien Hydro-Jetting and Vacuum Systems, (Marietta, OH) in the amount of $107,856.69.
16. Striping Improvements at San Lorenzo Boulevard (c400809) (PW) Motion to approve the design and installation of traffic striping at San Lorenzo Boulevard (between Laurel Street and Jessie Street).
End Consent Agenda
November 14, 2023 City Council 6
Public Hearing
17. Amendments to Title 18 of the Municipal Code Creating an Energy Reach Code for Newly Constructed Buildings with the Intent to Provide Developers with a Range of Options that Will Meet Goals to Reduce Greenhouse Gas Emissions Associated with Fossil Fuel Citywide (PL/CM) Motion to introduce for publication an ordinance amending Municipal Code Title 18 – Buildings and Construction, amending Section 18.04.030 and adding Chapter 18.15 to adopt local amendments to Title 24, Part 6 of the California Code of Regulations (California Energy Code) implementing an energy reach code with an intent to provide developers with a range of options that will also meet goals to reduce greenhouse gas emissions associated with fossil fuel use citywide. CEQA determination: These amendments are consistent with the Negative Declaration approved for the City of Santa Cruz 2030 Climate Action Plan adopted by City Council on September 13, 2022. The ordinance is also exempt from CEQA under the general rule, 15061(b)(3) and per CEQA Guidelines Section 15308, Class 8, Actions by Regulatory Agencies for Protection of Natural Resources.
General Business
18. FY 2023 Development Impact Fee Annual Report for Childcare and Public Safety Impact (Police and Fire) Fees (PL)
Motion to:
1) Accept and approve the attached FY 2023 Impact Fee Report for the Childcare and Public Safety Impact Fees; and
2) Provide feedback to staff on the potential applicability of the Public Safety Impact Fee to 100 percent affordable housing projects.
19. An Ordinance Requiring Delivery Companies to Provide a Service Enabling Customers to Tip Delivery Drivers (CN)
Introduce for publication an ordinance adding Chapter 5.11 to the Santa Cruz Municipal Code to require delivery companies to offer a tipping option to residential delivery customers.
Adjournment
November 14, 2023 City Council 7
INFORMATION ITEMS PREVIOUSLY DISTRIBUTED TO CITY COUNCILMEMBERS ADDENDUM TO CITY COUNCIL AGENDA – NOVEMBER 14, 2023
20. City Clerk: Annual Advisory Body Appointments - 10/26/23 (CCFYI 220)
21. City Manager: Quarterly Grant Report – Fiscal Year 2023 as of June 30, 2023 - 10/31/23 (CMFYI 266)
22. Finance Department: Portfolio Management Report – Pooled Cash and Investments as of September 30, 2023 - 10/23/23 (FNFYI 375)
MAYOR'S PROCLAMATIONS
ADDENDUM TO CITY COUNCIL AGENDA – NOVEMBER 14, 2023
23. Proclaiming October 21, 2023 as “TransFamilies Day” and encouraging all citizens to join in congratulating it for being selected by The Diversity Center as a Gala honoree.
24. Proclaiming October 21, 2023 as “Santa Cruz County Office of Education Day” and encouraging all citizens to join in congratulating it for being selected by The Diversity Center as a Gala honoree.
25. Proclaiming Sunday, November 8, 2023 as “International Live Looping Day” and urging all citizens to join in supporting the work of these innovative artists from around the world, welcoming them to perform here, and thanking them all for their tireless work to innovate in this emerging global musical form.
26. Proclaiming Saturday, November 11, 2023 as “City Veteran Appreciation Day” and encouraging all citizens to join in saying “thank you” to these employees for their dedicated service to our country and continued service to our community and committing to causes that are greater than self and promoting public service.
November 14, 2023 City Council 8
MAYOR'S PROCLAMATIONS (continued)
27. Proclaiming Saturday, November 25, 2023 as “Small Business Saturday Day” and encouraging all citizens to join in shopping local today and throughout the year.
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 Historic Preservation Commission One opening – at-large nomination Sister Cities Committee Three openings – at-large nominations Water Commission One opening – to be appointed by Vice
Mayor Golder
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.