CITY OF SANTA CRUZ
809 Center Street
Santa Cruz, California 95060
CITY COUNCIL AGENDA
Regular Meeting - January 9, 2024
Updated January 5, 2024 – Items 10 and 22
10:15 A.M. CLOSED SESSION, ZOOM/COURTYARD CONFERENCE ROOM 11:45 A.M. ORAL COMMUNICATIONS, CONSENT, GENERAL BUSINESS AND PUBLIC
HEARINGS, ZOOM/COUNCIL CHAMBERS
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Correspondence to be included in the agenda packet must be received by 5:00 pm on Monday, January 8th
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, January 7th by emailing the Mayor and the City Clerk. Approval will be confirmed via email.
[email protected] [email protected]
January 9, 2024 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 Cal-Relay 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-council-meetings 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. 10:15 AM
Closed Session
1. Conference With Legal Counsel – Liability Claims (Government Code §54956.95)
1) Claimant: Jonatan Ordonez
2) Claimant: David W. Turner
Claims against the City of Santa Cruz
2. Conference with Legal Counsel - Existing Litigation (Government Code §54956.9(d)(1))
Don’t Morph the Wharf! v. City of Santa Cruz et al.
(Santa Cruz County Superior Court Case No. 20CV02731)
January 9, 2024 City Council 3
Closed Session (continued)
3. Conference With Legal Counsel – Anticipated Litigation (Government Code §54956.9(d)(2))
Significant exposure to litigation (one potential case to be discussed)
4. Conference with Labor Negotiators (Government Code §54957.6) Employee Organization - Bargaining Unit:
Police Officers Association
City Negotiator - Sara De Leon
11:45 AM
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
5. Mayoral Proclamation Declaring January 9, 2024, as Autumn Hays Day
6. Mayoral Proclamation Declaring January 11, 2024, as Doug Engfer Day Presiding Officer's Announcements
Statements of Disqualification
January 9, 2024 City Council 4
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. City Manager Annual Merit Increase and Contract Amendment (CA) Motion to approve an annual merit increase for the City Manager in the amount of 5% and an amendment to the City Manager’s Employment Agreement extending the term to January 1, 2030.
9. Resolution Amending and Updating the City's 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.
The attachment for the below item has been updated.
10. Minutes of the December 12, 2023 City Council Meeting (CC) Motion to approve as submitted.
11. Decision Support Tool - Understanding Climate-Influenced River Flooding - Budget Adjustment (CM)
Resolution amending the FY 2024 budget for the use of $239,375 ($179,375 from California Department of Water Resources grant and $60,000 from Public Works to fully fund the Decision Support Tool - Understanding Climate-Influenced River Flooding.
January 9, 2024 City Council 5
Consent Agenda (continued)
12. A Living Shoreline, Nature-Based Solutions and Sand Management Feasibility Study - Budget Adjustment (CM)
Resolution amending the FY 2024 budget for the use of $500,000 from State Coastal Conservancy grant to fund the Living Shoreline, NatureBased Solutions and Sand Management Feasibility Study.
13. Appointment of Representatives to External Agencies, Groups, Council Committees and Task Forces (CN)
Motion to approve Mayor Keeley’s nominations to external agencies, groups, and City Council committees and task forces for the 2024 calendar year.
14. Award Contract for Purchase of a Type 6 Fire Engine (FD) Motion to award a contract for the purchase of a Type 6 Fire Engine to Weis Fire & Safety Equipment, LLC., Salina, Kansas, in the amount of $305,310.05 and authorize the City Manager to execute an agreement in a form approved by the City Attorney.
15. Liability Claims Filed Against the City of Santa Cruz (FN) Motion to reject the liability claims of 1) Jonatan Ordonez, and 2) David W. Turner, based on staff recommendation.
16. Sister Cities Committee Membership Reduction (PR)
Motion to:
1) Adopt a resolution changing the at-large membership from eleven to seven (7) members and rescinding Resolution No. NS-28,142; and 2) Amend the Sister Cities Committee bylaws to change the at-large membership from eleven (11) to seven (7).
January 9, 2024 City Council 6
Consent Agenda (continued)
17. Neary Lagoon Tule and Sediment Removal Project (m409688) – Notice of Completion (PW)
Motion to accept the work of McNabb Construction, Inc. (Lafayette, CA) as completed per plans and specifications and authorize the filing of the Notice of Completion for the Neary Lagoon Tule and Sediment Removal Project (m409688).
18. Award Contract for WWTF Emergency Switchgear and ATS Rehabilitation Project (c401405) - Purchase Order (PW)
Motion to approve a purchase order with Cupertino Electric Inc. (San Jose, CA) in the total amount of $387,934 to provide services for WWTF Emergency Switchgear and ATS Rehabilitation Project (c401405). The City Manager is hereby authorized and directed to execute the purchase order in a form approved by the City Attorney. The Public Works Director is authorized to execute change orders within the approved budget.
19. Wastewater Treatment Facility Digester 1 Cleaning (c401607) - Authorization to Advertise and Award (PW)
Motion to approve the specifications for the Wastewater Treatment Facility Digester 1 Cleaning (c401607), 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. The Director of Public Works is authorized to execute change orders within the approved project budget.
20. Award Contractor for Solar PV Expansion at the Corp Yard (c101901) ABB EV Chargers – Budget Adjustment (PW)
Motion to:
1) Award a contract for the purchase of ABB EV (electric vehicle) Chargers from EV Connect Inc, (Lake Forest, CA) in the amount $959,951.75; and
2) Adopt a resolution amending the FY 2024 budget and appropriate funds in the amount of $647,929.39 from the California Energy Commission for the Solar PV (photovoltaic) Expansion at the Corp Yard (c101901).
January 9, 2024 City Council 7
Consent Agenda (continued)
21. Police Department Roof Restoration, Phase 2 – Award Contract (PW) Motion to award a contract with Tremco Inc. (Foster City, CA) for the restoration of the Police Department roof in the amount of $152,943.
The City Manager is hereby authorized and directed to execute the contract in a form approved by the City Attorney. The Public Works Director is authorized to execute change orders within the approved project budget.
The attachments for the below item have been updated.
22. Purchase of Real Property Necessary for Brackney Landslide Area Pipeline Risk Reduction Project: Multiple Properties, Assessor’s Parcel Numbers 071-081-24, 072-152-07, and 072-174-02, Owned by Lynn Weissbart, Hai & Nga Nau, and Hien Nguyen, and Nelson Chen, Respectively (WT)
Motion to:
1) Adopt a resolution authorizing and directing the City Manager or his designee to execute a purchase sale agreement between the City of Santa Cruz and Lynn Weissbart for the easement located in Felton, CA. near Highway 9 between Brackney Road and San Lorenzo Way for a permanent easement on APN 071-081-24 for the Brackney Landslide Area Pipeline Risk Reduction Project,
2) Adopt a resolution authorizing and directing the City Manager or his designee to execute a purchase sale agreement between the City of Santa Cruz and Hai & Nga Nau, and Hien Nguyen for the easement located in Felton, CA. near Highway 9 between Brackney Road and San Lorenzo Way for a permanent easement on APN 072-152-07 for the Brackney Landslide Area Pipeline Risk Reduction Project, and 3) Adopt a resolution authorizing and directing the City Manager or his designee to execute a purchase sale agreement between the City of Santa Cruz and Nelson Chen for the easement located in Felton, CA. near Highway 9 between Glen Arbor Road and Brackney Road for a temporary easement on APN 072-174-02 for the Brackney Landslide Area Pipeline Risk Reduction Project.
January 9, 2024 City Council 8
Consent Agenda (continued)
23. Award of Agreement to Thatcher Company of California Inc. for Liquid Aluminum Sulfate (WT)
Motion to accept the bid of Thatcher Company of California Inc. (Salt Lake City, UT) for Liquid Aluminum Sulfate, reject all other bids, and authorize the City Manager to execute an agreement in a form approved by the City Attorney.
End Consent Agenda
Consent Public Hearings
24. 2nd Reading and Final Adoption of Ordinance No. 2023-15 Amending the City’s Plumbing Code to include Appendix M, the Peak Water Demand Calculator Approach to Sizing Building Plumbing Systems and Fixtures (CN)
Motion to adopt Ordinance No. 2023-15 amending Title 18 of the Santa Cruz Municipal Code, adopting California Code of Regulations Title 24 Appendix M of the California Building Standards Codes.
25. CalPERS Contract Amendment (HR)
Motion to:
1) Adopt a Resolution of Intention to approve an amendment to its contract with the California Public Employees’ Retirement System (CalPERS) to provide for a new local ocean beach lifeguard member category with Section 7522.25(d) (2.7% @ 57 Full formula), and Section 21574 (Fourth Level of 1959 Survivor Benefits) with 0% prior service; and 2) Introduce for publication an ordinance implementing the CalPERS contract amendment.
January 9, 2024 City Council 9
General Business
26. Collective of Results Evidence-Based (CORE) Update (CM) Motion to:
1) Accept Santa Cruz County’s Human Services Department (HSD) CORE Annual Report for Fiscal Year (FY) 2022-23 and report back on community engagement;
2) Provide direction on HSD recommendations for prioritization for the next CORE RFP funding cycle; and
3) Direct City staff to coordinate with the HSD to return on or before April 30, 2024 with recommendations for the draft of the next cycle of the CORE Investments request for proposals (RFP).
27. Revised Santa Cruz Wharf Master Plan and Environmental Determination (ED/PL/PR)
Motion to:
1) Adopt a resolution adopting the Santa Cruz Wharf Master Plan and certifying the Final Environmental Impact Report;
2) Adopt a resolution approving Findings of Fact and a Mitigation Monitoring and Reporting Program for the Santa Cruz Wharf Master Plan under California Environmental Quality Act (CEQA);
3) Adopt the Santa Cruz Wharf Master Plan, subject to one of the following packages of modifications proposed by staff; and a) The Revised Master Plan, as is, plus additional revisions recommended in this report; or,
b) The Revised Master Plan, with the alternative chapter for end of Wharf development and all references of the Landmark Building removed, plus additional revisions recommended in this report. 4) Direct staff to prepare a Public Works Plan with the California Coastal Commission (CCC) for implementation of the Wharf Master Plan.
January 9, 2024 City Council 10
General Business (continued)
28. An Ordinance Amending Chapter 5.11 – Delivery Driver Tipping at Section
5.11.030 - Exceptions (CA)
Introduce for publication an ordinance amending Chapter 5.11 – Delivery Driver Tipping at Section 5.11.020 “Tipping Option Requirement” and
5.11.030 “Exceptions” pertaining to delivery driver tipping.
The below item will be heard at a time-certain of 5:00 PM.
29. Resolution Affirming Santa Cruz’s Commitment and Support for Ceasefire and Peace (CN)
Resolution affirming Santa Cruz’s commitment and support for ceasefire and peace.
Public Hearing
30. Tree 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.
Adjournment
January 9, 2024 City Council 11
INFORMATION ITEMS PREVIOUSLY DISTRIBUTED TO CITY COUNCILMEMBERS ADDENDUM TO CITY COUNCIL AGENDA – JANUARY 9, 2024
31. Library: Incident Report – Santa Cruz Public Library 1st Quarter 2023– 2024 - 12/13/23 (LBFYI 016)
MAYOR'S PROCLAMATIONS
ADDENDUM TO CITY COUNCIL AGENDA – JANUARY 9, 2024
32. Proclaiming Tuesday, January 9, 2024 as “O’Neill Cold Water Classic Day” and encouraging all citizens to join in expressing gratitude for its contribution to the surfing culture, the promotion of local talent, and the spirit of sportsmanship and to participate in the festivities and support this prestigious surfing event each year.
33. Proclaiming January 9, 2024 as “Autumn Hays Day” and encouraging all citizens to join in congratulating her for making a name for herself in the surfing world and for her victory in the O’Neill Cold Water Classic.
January 9, 2024 City Council 12
Advisory Body Appointments
The following positions are either currently vacant or the terms are due to expire.
Council will make the appointments for all vacancies, with the exception of the County Latino Affairs Commission, at the January 23, 2024 City Council meeting. The deadline to submit an application is January 7, 2024.
Arts Commission Two openings, 1-year terms, at-large
nominations.
Commission for the Prevention of
Violence Against Women (CPVAW)
One opening, 1-year term, Councilmember
Watkins’ nomination.
County Latino Affairs Commission One opening – term ending April 1, 2027, atlarge nomination Downtown Commission Two openings – One 3-year term to be appointed by Mayor Keeley and one 1-year
term, at-large nomination.
Historic Preservation Commission Two openings – One 3-year term to be appointed by Vice Mayor Golder, and one 3-
year term to be appointed by Mayor Keeley.
Library Advisory Committee Two openings, 4-year terms, at-large nominations.
Parks and Recreation Commission One opening – 3-year term to be appointed by Vice Mayor Golder.
Planning Commission Two openings – One 3-year term to be appointed by Councilmember Newsome, and
one 1-year term, at-large nomination.
Sister Cities Committee Six openings – Three 4-year terms, two 2- year terms, and one 1-year term, all atlarge nominations.
Transportation and Public Works
Commission
Four openings - One 3-year term to be
appointed by Vice Mayor Golder, one 3-year
term to be appointed by Councilmember
Newsome, and two 1-year terms, both atlarge nominations.
Water Commission Two openings – One 3-year term to be
appointed by Vice Mayor Golder, and one 1-
year term, at-large nomination.
January 9, 2024 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.