CITY OF SANTA CRUZ
809 Center Street
Santa Cruz, California 95060
CITY COUNCIL AGENDA
Regular Meeting - August 27, 2024
Updated August 23, 2024 – Item 23
Updated August 26, 2024 – Item 26
12:30 P.M. CLOSED SESSION, ZOOM/COURTYARD CONFERENCE ROOM 1:30 P.M. ORAL COMMUNICATIONS, CONSENT, CONSENT PUBLIC HEARINGS, 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, August 26th
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 25th by emailing the Mayor and the City Clerk. Approval will be confirmed via email.
[email protected] [email protected]
August 27, 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 8, 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. 12:30 PM
Statements of Disqualification
Closed Session
1. Conference with Legal Counsel – Liability Claims (Government Code §54956.95)
1) Claimant: David Santana Mata
2) Claimant: State Farm Insurance
3) Claimant: Efrain and Maritza Ayala Talamantes Haro
4) Claimant: Frances S. Lopez
Claims against the City of Santa Cruz
August 27, 2024 City Council 3
Closed Session (continued)
2. Real Property Negotiations (Government Code §54956.8) Property: 877 Cedar Street
APN: 005-951-01
Owner: Ecology Action
City Negotiator: Bonnie Lipscomb
Negotiating Parties: City of Santa Cruz and Ecology Action Under Negotiation: Price, terms of payment, or both
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 Legal Counsel – Anticipated Litigation (Government Code §54956.9(d)(4))
Initiation of litigation (one potential case to be discussed) August 27, 2024 City Council 4
City Council
1:30 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
5. Mayoral Proclamation Declaring September, 2024, as Ovarian Cancer Awareness Month
6. Oral Health Access 2024—2028 Strategic Plan
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.
August 27, 2024 City Council 5
Consent Agenda
8. Minutes of the August 13, 2024 City Council Meeting (CC) Motion to approve as submitted.
9. 2024 A City Like Me: Santa Cruz Report (CM)
Motion to accept the 2024 A City Like Me report as submitted.
10. Endorsement of California Senate Bill 867 (CN)
Motion to direct the Mayor to send a letter of endorsement in support of California Senate Bill 867.
11. Approve Purchase of Pierce Enforcer Pumper Fire Engine and Lease Agreement with PNC Equipment Finance (FD)
Motion to:
1) Award a contract for the purchase of a Pierce Enforcer Pumper Fire Engine (Apparatus) to Golden State Fire Apparatus in the amount of $1,029,503.26.
2) Adopt a resolution approving a lease agreement with PNC Equipment Finance to prepay for the purchase and finance the Apparatus for the City with a 5.32% interest rate over three (3) years for a total cost of $1,140,934.14; and authorizing the City Manager to execute the agreement and related documents in a form to be approved by the City Attorney.
August 27, 2024 City Council 6
Consent Agenda (continued)
12. First Amendment to the Agreement for Fire Protection and Emergency Response Services and First Amendment of Lease of the UCSC Fire Station (FD)
Motion to authorize the City Manager to execute the First Amendment to the Agreement for Fire Protection and Emergency Response Services (Service Agreement) and the First Amendment of Lease of the University of California Santa Cruz (UCSC) Fire Station (Lease) between the City of Santa Cruz (City) and the Regents of the University of California, on behalf of its Santa Cruz Campus, extending the term for one (1) year with minor modifications.
13. Council Policy 5.19 for Stipend for Advisory Body Members (FN) Motion to:
1) Adopt a resolution approving Council Policy 5.19 – Stipend for Advisory Body Members;
2) Direct staff to prepare amendments to Ordinance 1440 and Chapter
18.41 of the Municipal Code; and
3) Direct staff to create a communication and training plan to promote the new policy.
14. Liability Claims Filed Against the City of Santa Cruz (FN) Motion to reject the liability claims of 1) David Santana Mata, 2) State Farm Insurance, and 3) Efrain and Maritza Ayala Talamantes Haro; based on staff recommendation.
August 27, 2024 City Council 7
Consent Agenda (continued)
15. Award Contract for Disaster Cost Recovery Services (FN) Motion to:
1) Award a three-year contract for Disaster Cost Recovery Services to Integrated Solutions Consulting (ISC) beginning on August 27, 2024, and ending June 30, 2025, 2026, and 2027 (with an option for an additional two years for Fiscal Years ending June 30, 2028, and 2029); 2) Authorize the City Manager to execute an agreement in a form approved by the City Attorney with ISC; and
3) Authorize the Finance Director to execute any amendments that may be needed for new emergencies during the course of the contract.
16. Microsoft SharePoint Implementation and Configuration Services (IT) Motion to:
1) Accept the change order from AdaptivEdge, LLC for additional Microsoft SharePoint Online implementation and configuration services in the amount of $31,400.00, for a total contract amount of $127,400.00.
The IT Director is authorized to execute further change orders within the approved project budget; and
2) Authorize the City Manager to execute additional contracts with AdaptivEdge, LLC for Microsoft SharePoint Online implementation and configuration services in a form approved by the City Attorney. The IT Director is authorized to execute change orders within the approved project budget.
August 27, 2024 City Council 8
Consent Agenda (continued)
17. Downtown Recovery – Phase IV – Authorization to Award Bid for Downtown Site Furnishings Painting to H.B. Restoration Inc. in the Amount of $112,550.00 (PR)
Motion to authorize staff to award a contract for services in the amount of $112,550.00 to H.B. Restoration for the painting of existing site furnishings and kiosks, serving as the final component of the Downtown Recovery – Phase I-IV project (c302312). Per Resolution No. NS-27,563, the City Manager is hereby authorized and directed to execute the contract in a form approved by the City Attorney. The Parks and Recreation Director, Economic Development and Housing Director, and Public Works Director are authorized to execute change orders within approved budgets.
18. Award Contract for Purchase of Three Refuse Trucks (PW) Motion to award a contract for the purchase of one roll-off and two split rear loader vehicles from TEC of California (Oakland, CA) in the amount of $1,390,000.
19. Resource Recovery Facility North Canyon Paving Project (m400020) – Authorization to Advertise for Bids and Award Contract (PW) Motion to approve the plans and specifications for the Resource Recovery Facility North Canyon Paving Project (m400020) and authorize staff to advertise for bids and award the contract. The City Manager is hereby authorized and directed to execute an agreement in a form approved by the City Attorney. The Director of Public Works is authorized to execute change orders within the approved project budget.
20. Fisheries Monitoring Support – Award of Professional Services Contract to Confluence Restoration (WT)
Motion authorizing the City Manager to execute an agreement in a form approved by the City Attorney with Confluence Restoration (Santa Cruz, CA) for ongoing fisheries biology support of the City of Santa Cruz's Habitat Conservation Plan development and Incidental Take Permitting in the amount of $127,860.00 and to authorize the Water Director to execute up to three annual agreement renewals.
August 27, 2024 City Council 9
Consent Agenda (continued)
21. Acceptance and Budgeting of Grant Funding for Brackney Landslide Area Pipeline Risk Reduction Project - Budget Adjustment (WT) Motion to adopt a resolution authorizing acceptance of additional Hazard Mitigation Grant Program funding in the amount of $3,858,079 and amending the Water Department FY 2025 revenue budget for the Capital Investment Program (c702002), Brackney Landslide Area Pipeline Risk Reduction Project, accordingly.
End Consent Agenda
Consent Public Hearings
22. 2nd Reading and Final Adoption of Ordinance No. 2024-11 which Amends Chapter 24.12 of the Santa Cruz Municipal Code Related to Historic Variations in Response to Action by the California Coastal Commission (PL)
Motion to adopt Ordinance No. 2024-11 finding that the project is exempt under the California Environmental Quality Act (CEQA) and amending parts of Chapter 24.12 of the Santa Cruz Municipal Code (SCMC) related to Historic Variations in response to action by the California Coastal Commission.
Item 23 was updated to amend the recommendation and add the draft resolution.
23. 2nd Reading and Final Adoption of Ordinance No. 2024-12 Amending Municipal Code Chapter 24.10 and Sections 24.12.190, 24.12.290, and
24.12.1108 and Adding New Sections 24.10.2342 and 24.12.191 to Streamline Permitting and Establish Standards for Private Property Outdoor Seating Associated with Eating and/or Drinking Establishments (PL/EDH)
Motion to:
1) Adopt Ordinance No. 2024-12 amending Santa Cruz Municipal Code Chapter 24.10 and Sections 24.12.190, 24.12.290, and 24.12.1108, and adding new Sections 24.10.2342 and 24.12.191 to streamline permitting and establish standards for private property outdoor seating associated with eating and/or drinking establishments.
2) Adopt a resolution authorizing the City Manager to submit the proposed Title 24 amendments to the California Coastal Commission for final certification.
August 27, 2024 City Council 10
Consent Public Hearings (continued)
24. 2nd Reading and Final Adoption of Ordinance No. 2024-13 Amending Uncodified Ordinance No. 2020-27 Extending Temporary Use of Certain Adjacent Public Street and Outdoor Areas for Eligible Businesses that Extends the Temporary Period for Commercial Use on Private Property from May 31, 2025, to July 1, 2026 (PL/EDH)
Motion to adopt Ordinance No. 2024-13 amending uncodified Ordinance No. 2020-27 extending temporary use of certain adjacent public street and outdoor areas for eligible businesses that extends the temporary period for commercial use on private property from May 31, 2025, to July 1, 2026.
General Business
25. Harvey West Pool Update and Amending the FY 2025 Budget and Appropriation of Funds for Harvey West Pool - Budget Adjustment (PR) Motion to:
1) Receive an update on the Harvey West Pool operational plan; and 2) Adopt a resolution to amend the Fiscal Year 2025 budget and appropriate funds in the amount of $400,000 from the fund balance of the General Fund, to be allocated to Parks and Recreation for expenses to run and resource a Harvey West Pool hybrid operational model.
August 27, 2024 City Council 11
General Business (continued)
Item 26 was updated to amend the recommendation, agenda report, and the draft resolution.
26. No-Parking Street Sweeping Pilot Program (PW)
Motion to:
1) Adopt a resolution to approve parking restrictions for the pilot street sweeping program in Zones 1-4 during posted hours and direct the City Manager or designee to implement the 1-year pilot program; 2) Provide support and recommend parking restrictions for the pilot street sweeping program in Zones 5-6 and adopt a resolution to approve parking restrictions for the pilot street sweeping program in Zones 5-6 during posted hours and direct the City Manager or designee to implement the 1-year pilot program upon approval of the Coastal Development Permit. Zones 5-6 are located within the Coastal Zone, the Coastal Development Permit will be subject to a Coastal Commission appeal period following approval by the Council; and
3) Direct staff to return before the conclusion of the No-Parking Street Sweeping Pilot Program with findings and recommendations.
27. Ordinance Amending Chapter 2.40, Boards and Commissions, Related to the Membership Term Year for the Commission for the Prevention of Violence Against Women (CPVAW) (CC)
Introduce for publication an ordinance amending Chapter 2.40, Boards and Commissions, related to the membership term year for the Commission for the Prevention of Violence Against Women.
28. Award Professional Service Agreement to Intelligent Partnerships to Explore Feasibility of Community Workforce or Project Labor Agreements for City Capital Investment Projects (CN)
Motion to:
1) Award a professional services agreement to Intelligent Partnerships to conduct a feasibility study of the potential options and implications of adopting either a Community Work Force Agreement (CWA) or Project Labor Agreement (PLA); and
2) Authorize the City Manager to execute said agreement in the form approved by the City Attorney. The Water and Public Works Directors are authorized to execute contract amendments within the approved budget.
August 27, 2024 City Council 12
General Business (continued)
29. Newell Creek Pipeline Replacement – Felton to Graham Hill Water Treatment Plant Project (c702105): Purchase of Real Property, Approval of Plans and Specifications, Authorization to Advertise for Bids and Award of Contract; Authorizing Approval of an SRF Financing Agreement, and Acceptance of Community Grant Program Funds and Amending Water Department FY 2025 Budget – Budget Adjustment (WT) Motion to:
1) Adopt a resolution authorizing and directing the City Manager to execute a purchase sale agreement between the City of Santa Cruz and Santa Cruz, Big Trees & Pacific Railway for the permanent easement on APN 066-211-03 for the Newell Creek Pipeline Replacement – Felton to Graham Hill Water Treatment Plant Project (c702105);
2) Adopt a resolution authorizing and directing the City Manager to execute a purchase sale agreement between the City of Santa Cruz and Santa Cruz, Big Trees & Pacific Railway for a permanent easement on APN 066-212-05;
3) Approve the plans and specifications for the Newell Creek Pipeline Replacement – Felton to Graham Hill Water Treatment Plant Project (c702105) and authorize staff to advertise for bids at
https://procurement.opengov.com/portal/santacruzca. The City Manager is hereby authorized and directed to execute the contract as authorized by Resolution No. NS-27,563; and authorize the Water Director to execute change orders within the approved project budget; 4) Adopt a resolution authorizing approval of a financing agreement in an amount not to exceed $41,352,000 with the California State Water Resources Control Board for the Newell Creek Pipeline Replacement – Felton to Graham Hill Water Treatment Plant Project (c702105); and 5) Adopt a resolution amending the FY 2025 budget to accept $959,752 in Community Grant Funds for the Newell Creek Pipeline Replacement – Felton to Graham Hill Water Treatment Plant Project (c702105).
Adjournment
August 27, 2024 City Council 13
INFORMATION ITEMS PREVIOUSLY DISTRIBUTED TO CITY COUNCILMEMBERS None issued.
MAYOR'S PROCLAMATIONS
ADDENDUM TO CITY COUNCIL AGENDA – AUGUST 27, 2024
30. Proclaiming July 2, 2024 as “Dave Rosell Retirement Day” and encouraging all his coworkers and citizens to join in expressing heartfelt appreciation for his eleven years of dedicated and exemplary service and numerous contributions to the Santa Cruz Police Department and the City of Santa Cruz and wishing him well in his retirement.
31. Proclaiming the month of September 2024 as “Ovarian Cancer Awareness Month” and encouraging all citizens to join in recognizing and supporting the patients, families, and professionals leading the fight against ovarian cancer.
Advisory Body Appointments
The following position is currently vacant. Council will make the appointment at a future meeting.
County Latino Affairs Commission One opening – at-large nomination August 27, 2024 City Council 14
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.