A G E N D A
Meeting of the
Scotts Valley City Council
Remote Access Only
Date: October 19, 2022
Time: 6:00 PM
CONTACT
INFORMATION
MEETING LOCATION POSTING
City of Scotts Valley
1 Civic Center Drive
Scotts Valley, CA
95066
(831) 440-5600
Zoom Videoconference
https://us02web.zoom.us/j/87964992497
See information below for how to
participate.
The agenda was posted
10-14-2022 at City Hall and on
the Internet at
www.scottsvalley.org.
PUBLIC ADVISORY REGARDING COVID-19 AND PUBLIC PARTICIPATION On September 16, 2021, Governor Newsom signed Assembly Bill 361 (“AB 361”), an urgency measure effective upon adoption, amending the Brown Act to allow legislative bodies to continue teleconferencing during a proclaimed State of Emergency, and either state or local officials have imposed or recommended measures to promote social distancing, or the legislative body determines that meeting in person would present imminent risks to the health or safety of attendees. In accordance with AB 361, the Scotts Valley City Council adopted Resolution No. 2007.12 on September 21, 2022, authorizing the continued use of teleconferenced meetings pursuant to AB 361. Elected Officials and City Staff Members will be participating remotely via videoconference.
Public Participation:
The meeting will be available on Zoom, and livestreamed to the City of Scotts Valley’s YouTube channel: https://www.youtube.com/channel/UCLNTBScelB4wTfidYHrocWA For those wishing to participate via Zoom you can join the following ways:
• Join from a PC, Mac, iPad, iPhone or Android device:
• Please click this URL to join: https://us02web.zoom.us/j/87964992497 • Or One tap mobile:
US: +16699009128,,87964992497# or +16694449171,,87964992497# • Or Telephone:
Dial (for higher quality, dial a number based on your current location):
US: +1 669 900 9128 or +1 669 444 9171 or +1 346 248 7799 or +1 719 359 4580 or +1 253 215 8782 or +1 386 347 5053 or +1 564 217 2000 or +1 646 558 8656 or +1 646 931 3860 or +1 301 715 8592 or +1 309 205 3325 or +1 312 626 6799
Webinar ID: 879 6499 2497
City Council Meeting Agenda Page 2
Date: October 19, 2022
You will be given opportunities to provide public comment at the appropriate times throughout the meeting via Zoom. If you are participating via dial-up only, use *9 to raise your hand at the requested time.
How to comment via Zoom:
1. At the appropriate times during the meeting for public comment, on items not on the agenda, and on specific agenda items, the Mayor will announce that public comment will be accepted. Our usual time limits of 3 minutes per individual, or 5 minutes for an individual who is representing a group of three or more, will apply. Please note that per our standard practice,this is not a question and answer time, but simply a time for you to provide your comments to the Council.
2. There is an option on Zoom to raise your hand. Please click on this option when the Mayor announces that public comment will be taken. Zoom places people in line automatically. If you are participating via dial-up, you can raise your hand at the appropriate time by pressing *9. When it is your turn, the City Clerk will unmute you, and you will be able to make your comments based on the above time frames. Once your time is up, you will once again be muted and the next person in line will be given their opportunity to speak.
How to comment via email:
1. Members of the public may provide public comment by sending comments to the City Clerk via email at [email protected].
2. Additional materials and emails must be received by 5:30 PM the day of the meeting and will be distributed to agenda recipients prior to the meeting.
3. Emails received after 5:30 PM the day of the meeting will not be included in the record.
ELECTED OFFICIALS CITY STAFF MEMBERS
Donna Lind, Mayor
Jim Reed, Vice Mayor
Jack Dilles, Council Member
Randy Johnson, Council Member
Derek Timm, Council Member
Mali LaGoe, City Manager
Kirsten Powell, City Attorney
Corey Stocker, Assistant to the City Manager
Cathie Simonovich, City Clerk
MEETING NOTICE AND AGENDA PACKET MATERIALS
Notice regarding City Council Meetings:
The City Council meets regularly on the 1st and 3rd Wednesday of each month at 6:00 PM.
Agenda and Agenda Packet Materials:
The City Council agenda and the complete agenda packet are available for review by 5:00 PM the Friday before the Wednesday meeting on the Internet at the City’s website:
http://scottsvalley.org/AgendaCenter.
YouTube livestream:
This meeting will be livestreamed to the City of Scotts Valley’s YouTube channel:
https://www.youtubecom/channel/UCLNTBScelB4wTfidYHrocWA This YouTube channel will not accept comments – attendees may comment through the Zoom webinar using the instructions listed above.
Zoom Meetings/Webinars:
City Council Meeting Agenda Page 3
Date: October 19, 2022
For those wishing to participate via Zoom you can join from a PC, Mac, iPad, iPhone or Android device by entering or clicking on the following URL:
https://us02web.zoom.us/j/87964992497
CALL TO ORDER 6:00 PM
MOMENT OF SILENCE
ROLL CALL
COMMITTEE REPORTS
Council members are appointed to committees which are either City committees or committees dealing with other jurisdictions. This portion of the agenda allows the committee member to present oral or written reports to the Council regarding their committee assignments. It also allows the Council to make comments and give the committee member direction, as required.
CITY MANAGER REPORT
PUBLIC COMMENT TIME
This is the opportunity for individuals to make and/or submit written or oral comments to the Council on any items within the purview of the Council, which are NOT part of the Agenda.
No action on the item may be taken, but the Council may request the matter be placed on a future agenda.
ALTERATIONS TO CONSENT AGENDA
Council can remove or add items to the Consent Agenda.
CONSENT AGENDA
The Consent Agenda is comprised of items which appear to be non-controversial. Persons wishing to speak on any items may do so raising their hand to be recognized by the Mayor.
A. Approve City Council minutes of 10-05-2022
B. Approve check registers dated 10-06-2022 and 10-13-2022 C. Approve Resolution No. 2007.13 authorizing the continued use of teleconference meetings, pursuant to Assembly Bill 361
ALTERATIONS TO REGULAR AGENDA
Council can remove or add items to the Regular Agenda.
REGULAR AGENDA
Persons wishing to speak on any item may do so by raising their hand to be recognized by the Mayor.
1. Community Grant Program recommendations for fiscal year 2022-2023 City Council Meeting Agenda Page 4
Date: October 19, 2022
2. Code of Conduct for City Council, Commissions, and Boards
3. Future Council agenda items
(This portion of the Regular Agenda allows the Council to determine items to be placed on a future agenda and to choose a date, if so desired.)
ADJOURNMENT
ADA NOTICE
The City of Scotts Valley does not discriminate against persons with disabilities. The City Council Chambers is an accessible facility. If you wish to attend a City Council meeting and require assistance such as sign language, a translator, or other special assistance or devices to attend and participate at the meeting, please call the City Clerk's office at (831) 440-5600 five to seven days in advance of the meeting to make arrangements for assistance. If you require the agenda of a City Council meeting be available in an alternative format consistent with a specific disability, please call the City Clerk’s Office. The California State Relay Service (TTY/VCO/HCO to Voice: English 1-800-735-2929, Spanish 1-800-855-3000; or Voice to TTY/VCO/HCO: English 1-800-735-2922, Spanish 1-800-855-3000), provides Telecommunications Devices for the Deaf and Disabled and will provide a link between the TDD caller and users of telephone equipment.
City Council Meeting Agenda Page 5
Date: October 19, 2022
PROCEDURAL INFORMATION FOR THE PUBLIC
THE FOLLOWING IS THE PROCEDURE COUNCIL SHOULD TAKE IN
APPROVAL OF A RESOLUTION:
1. Move the Resolution number for approval.
2. Second the motion.
3. Vote by body, a roll call vote is not required.
THE FOLLOWING IS THE PROCEDURE COUNCIL SHOULD TAKE IN
INTRODUCTION/ADOPTION OF AN ORDINANCE:
1. Move the Ordinance number for introduction (or adoption).
2. Move the Ordinance be introduced by title only and waive the reading of the text.
3. Read the Ordinance title.
4. Second the motion.
5. Vote by body, a roll call vote is not required.
THE FOLLOWING IS THE PROCEDURE COUNCIL SHOULD TAKE IN
PUBLIC COMMENT/PUBLIC HEARINGS:
Unless otherwise determined by the presiding officer of the meeting:
1. Three minutes allowed per individual to speak.
2. Five minutes allowed per individual representing a group of three or more. ❖❖❖❖❖❖❖❖
The City of Scotts Valley does not discriminate against persons with disabilities. The City Council Chambers is an accessible facility. If you wish to attend a City Council meeting and require assistance such as sign language, a translator, or other special assistance or devices to attend and participate at the meeting, please call the City Clerk's office at (831) 440-5602 five to seven days in advance of the meeting to make arrangements for assistance. If you require the agenda of a City Council meeting be available in an alternative format consistent with a specific disability, please call the City Clerk’s Office. The California State Relay Service (TTY/VCO/HCO to Voice:
English 1-800-735-2929, Spanish 1-800-855-3000; Voice to TTY/VCO/HCO: English 1-800-735- 2922, Spanish 1-800-855-3000; or, from or to Speech-to-Speech, English & Spanish 1-800-854- 7787), provides Telecommunications Devices for the Deaf and Disabled and will provide a link between the TDD caller and users of telephone equipment.
AGENDA ITEM A
DATE: 10-19-2022
M I N U T E S
Meeting of the
Scotts Valley City Council
Date: October 5, 2022
Time: 6:00 PM
CONTACT INFORMATION MEETING LOCATION POSTING
City of Scotts Valley
1 Civic Center Drive
Scotts Valley, CA 95066
(831) 440-5600
Zoom Video Conference The agenda was posted
at City Hall and on the Internet at
www.scottsvalley.org.
CALL TO ORDER 6:00 PM
The City Council meeting was called to order at 6:01 PM.
MOMENT OF SILENCE
ROLL CALL
ELECTED OFFICIALS PRESENT:
Donna Lind, Mayor
Jim Reed, Vice Mayor
Jack Dilles, Council Member
Randy Johnson, Council Member
Derek Timm, Council Member
CITY STAFF MEMBERS PRESENT:
Mali LaGoe, City Manager
Kirsten Powell, City Attorney
Steve Walpole, Chief of Police
Taylor Bateman, Community Development Director
Chris Lamm, Public Works Director/City Engineer
Cathie Simonovich, City Clerk
COMMITTEE REPORTS
CM Timm attended the Pension Subcommittee meeting where they discussed various hypothetical funding scenarios for the 115 Trust. They will come back to the full Council with recommendations at a later date.
CM Dilles attended the Pension Subcommittee meeting and added that the committee is also reviewing what other cities are doing to address reserves.
Mayor Lind attended a couple of Santa Cruz Metropolitan Transit District (METRO) meetings, and they are looking at a company to assist with payroll, which is currently processed by the County.
City Council Meeting Minutes Page 2
Date:
Mayor Lind attended the grand opening of the Scotts Valley Performing Arts Theater and gave congratulations to the Theater Guild.
Mayor Lind congratulated Chief Walpole on the success of the Scotts Valley Police Department’s annual inspection.
CITY MANAGER REPORT
Traffic: The Police Department has been working closely with Caltrans to try to alleviate the traffic congestion at the beginning of the school day. New legislation that mandates schools to start no earlier than 8:30 AM has resulted in all of the high school students arriving at the same time which has caused significant congestion at the main intersection at Scotts Valley Drive and Granite Creek Road. The lights have been adjusted and this is currently the best we can hope for, given the design of the intersection. Please be patient as we continue to monitor the situation.
Police Department:
• The swearing-in ceremony for Officer Jesse Pidcock will be on October 12, 2022.
Officer Pidcock is returning to the Police Department after a long stint in a different career. He recently completed an accelerated refresher academy course.
• Interviews have been held for the last open position at the Police Department.
Public Works Department:
• Installed the second of several new water bottle filling stations and drinking fountains at the public parks
• Released several bid requests/requests for proposals for the following projects:
o Updating the City’s pavement management program
o Demolishing the old PWD building in order to replace that building, hopefully in Spring 2023
o On-call janitorial services, to supplement the work that our maintenance staff are able to complete
o Consulting assistance to develop a Parks and Recreation strategic plan • Staff met with designers regarding the Siltanen Park irrigation system to move forward with a Capital Improvement Project to replace the irrigation system • Began the process with the consultants to upgrade the HVAC at City Hall Halloween: Bring your kids to the Parks and Recreation building on Halloween – the building is decked out and the staff is ready for trick-or-treaters!
PUBLIC COMMENT TIME
CM Timm thanked the Sunrise Rotary for the 3-day bike event which benefits the youth in our county. This event coincides with Biketober so please consider participating in the Biketober events such as bike workshops, bike to school, and the bike to work City Council Meeting Minutes Page 3
Date:
challenge. More information can be found on the Ecology Action website.
Congratulations to Scotts Valley Police Department for their new Bike Patrol unit!
CONSENT AGENDA
A. Approve City Council minutes of 09-21-2022
B. Approve check registers dated 09-22-2022 and 09-29-2022 C. Approve agreement with Kimley-Horn and Associates, Inc. to prepare the 6th Cycle Housing Element Update
Public Comment was received from Evan Siroky in support of the City entering into an agreement for the housing element.
D. Approve amendment to the agreement with Avenu Enterprise Solutions, LLC (New Vision) for application hosting and support services for the financial ERP system
E. Appoint Wayne Thompson to serve on the Cultural Resource Preservation Commission
CONSENT AGENDA APPROVAL WITH NO ALTERATIONS
M/S: Timm/Dilles
To approve the Consent Agenda.
Carried 5/0 (AYES: Dilles, Johnson, Lind, Reed, Timm)
REGULAR AGENDA APPROVAL WITH NO ALTERATIONS
M/S: Dilles/Johnson
To approve the Regular Agenda.
Carried 5/0 (AYES: Dilles, Johnson, Lind, Reed, Timm)
REGULAR AGENDA
1. Authorization to execute multi-year agreement with Cyber Ascend Technologies for Information Technology managed services
City Manager LaGoe presented this item. Phil Neuman from Cyber Ascend Technologies spoke regarding the company’s work with the City of Scotts Valley as the interim IT provider. City Manager LaGoe responded to questions and comments from Council.
Allan Timms, a resident of Scotts Valley, spoke in favor of the City executing an agreement with Cyber Ascend Technologies.
City Council Meeting Minutes Page 4
Date:
M/S: Johnson/Dilles
To authorize the City Manager to execute a multi-year agreement with Cyber Ascend Technologies for Information Technology managed services, with the option to extend additional years as needed.
Carried 5/0 (AYES: Dilles, Johnson, Lind, Reed, Timm)
2. Future Council agenda items
CM Timm noted that there is an appeal to the case, Grant Park Neighborhood Association vs. the CDPH. The Scotts Valley City Council has been asked to submit comments to the League of California Cities regarding a joint appeal brief. CM Timm requested this as a future agenda item. City Attorney Powell confirmed that this will be a closed session item discussion at an upcoming meeting.
CM Reed requested a future agenda item regarding term limits for Council Members.
Support for this future item coming to the Council at a future meeting was received from a majority of the Council.
ADJOURNMENT
The meeting adjourned at 6:52 PM.
Approved: _____________________________
Donna Lind, Mayor
Attest: ___________________________
Cathie Simonovich, City Clerk
SCOTTS VALLEY ACCOUNTS PAYABLE CITY OF SCOTTS VALLEY
10/06/2022 14:53:09 Check Register GL050S-V08.17 COVERPAGE GL540R
Report Selection:
RUN GROUP... 10622 COMMENT... 06/30/2022 A/P #10
DATA-JE-ID DATA COMMENT
-------------- ------------------------
W-10062022-216 06/30/2022 A/P #10
Run Instructions:
Jobq Banner Copies Form Printer Hold Space LPI Lines CPI CP SP RT L 01 Y S 6 066 10
AGENDA ITEM B
DATE: 10-19-2022
001
SCOTTS VALLEY ACCOUNTS PAYABLE
CITY OF SCOTTS VALLEY
10/06/2022 14:53:10 Check Register
GL540R-V08.17 PAGE 1
BANK VENDOR CHECK# DATE AMOUNT
BA GENERAL CHECKING ACCOUNT
001659 CALIFORNIA BUILDING 125247 10/06/22 543.60
001659 CALIFORNIA BUILDING 125248 10/06/22 303.62
001659 CALIFORNIA BUILDING 125249 10/06/22 611.10
003957 SANTA CRUZ/CITY OF 125250 10/06/22 9,670.04
GENERAL CHECKING ACCOUNT 11,128.36 ***
002
SCOTTS VALLEY ACCOUNTS PAYABLE
CITY OF SCOTTS VALLEY
10/06/2022 14:53:10 Check Register
GL540R-V08.17 PAGE 2
BANK VENDOR CHECK# DATE AMOUNT
REPORT TOTALS: 11,128.36
RECORDS PRINTED - 000004
003
SCOTTS VALLEY ACCOUNTS PAYABLE
CITY OF SCOTTS VALLEY
10/06/2022 14:53:10 Check Register
GL060S-V08.17 RECAPPAGE
GL540R
FUND RECAP:
FUND DESCRIPTION DISBURSEMENTS
---- ----------------------------
010 WASTEWATER OPERATIONS 9,670.04
035 GREEN BUILDING FUNDING 1,458.32
TOTAL ALL FUNDS 11,128.36
BANK RECAP:
BANK NAME DISBURSEMENTS
---- ----------------------------
BA GENERAL CHECKING ACCOUNT 11,128.36
TOTAL ALL BANKS 11,128.36
004
SCOTTS VALLEY ACCOUNTS PAYABLE CITY OF SCOTTS VALLEY
10/06/2022 14:28:51 Check Register GL050S-V08.17 COVERPAGE GL540R
Report Selection:
RUN GROUP... 100622 COMMENT... 10/06/2022 A/P
DATA-JE-ID DATA COMMENT
-------------- ------------------------
W-10062022-214 10/06/2022 A/P
Run Instructions:
Jobq Banner Copies Form Printer Hold Space LPI Lines CPI CP SP RT L 01 Y S 6 066 10
005
SCOTTS VALLEY ACCOUNTS PAYABLE
CITY OF SCOTTS VALLEY
10/06/2022 14:28:51 Check Register
GL540R-V08.17 PAGE 1
BANK VENDOR CHECK# DATE AMOUNT
BA GENERAL CHECKING ACCOUNT
005027 ACE PORTABLE SERVICES 125175 10/06/22 1,500.48
003615 AHRENS/PATRICK 125176 10/06/22 90.00
001219 ALHAMBRA 125177 10/06/22 172.32
001219 ALHAMBRA 125178 10/06/22 106.25
004057 ANDREWS/SELINA 125179 10/06/22 50.00
004029 ARMSTRONG/AMANDA 125180 10/06/22 50.00
000097 AT&T 125181 10/06/22 1,045.13
001928 BATEMAN/TAYLOR 125182 10/06/22 50.00
001373 BAY TREE, LLC 125183 10/06/22 3,620.38
004067 BEERS/OLIVIA 125184 10/06/22 50.00
000437 BRASS KEY LOCKSMITH 125185 10/06/22 120.00
000018 BRINK'S AWARDS & SIGNS 125186 10/06/22 761.54
005037 BUCHANAN/LOGAN 125187 10/06/22 50.00
001566 BUSINESS WITH PLEASURE 125188 10/06/22 50.91
003887 CHEUNG/ATHENA 125189 10/06/22 50.00
005032 CREEKSIDE MINI STORAGE 125190 10/06/22 100.00
.15901 DEPT OF THE CA 125191 10/06/22 2,705.11
003160 DIXON & SON TIRE 125192 10/06/22 510.60
004005 ESTORGA/CASEY 125193 10/06/22 50.00
000202 FEDERAL EXPRESS 125194 10/06/22 40.68
004039 GARNER/SCOTT 125195 10/06/22 68.00
004093 GERA/BEAUJO 125196 10/06/22 135.00
001881 GRAINGER 125197 10/06/22 173.69
003706 GRANADOS/JUSTIN 125198 10/06/22 50.00
004059 HAROS/JOANNA 125199 10/06/22 242.00
003944 HEBARD/TYLER 125200 10/06/22 50.00
003266 INTERGRITY AUTOMOTIVE 125201 10/06/22 880.88
001903 JONES/KIMARIE 125202 10/06/22 50.00
004024 K & D LANDSCAPING, INC. 125203 10/06/22 3,737.05 000238 KENNEDY-JENKS CONSULTANT 125204 10/06/22 5,658.75 001660 KING/KATI 125205 10/06/22 50.00
005005 KRUSEE/RANDALL 125206 10/06/22 50.00
004018 LAMBERT/LAUREN 125207 10/06/22 50.00
004046 LAMM/CHRIS 125208 10/06/22 50.00
005036 LINARTE/PHILLIP 125209 10/06/22 50.00
001673 LINCOLN FINANCIAL GROUP 125210 10/06/22 1,583.18 003995 LIPARI/NICOLAS 125211 10/06/22 18.00
003389 LOCKE/CERINA 125212 10/06/22 50.00
000284 LOGAN & POWELL, LLP 125213 10/06/22 19,631.50
003913 LONG/AMANDA 125214 10/06/22 50.00
001591 MARKELL/ROD 125215 10/06/22 1,974.00
001815 MC GRATH/TRISH 125216 10/06/22 50.00
005007 METOYER/ARTHUR 125217 10/06/22 50.00
000218 MID VALLEY SUPPLY 125218 10/06/22 382.99
003685 MONTEREY BAY ANALYTICAL 125219 10/06/22 1,255.00 003766 ORMONDE/ROBERT 125220 10/06/22 50.00
000101 PACIFIC GAS & ELECTRIC C 125221 10/06/22 48,547.64 004036 PEREZ/ERIC 125222 10/06/22 72.00
006
SCOTTS VALLEY ACCOUNTS PAYABLE
CITY OF SCOTTS VALLEY
10/06/2022 14:28:51 Check Register
GL540R-V08.17 PAGE 2
BANK VENDOR CHECK# DATE AMOUNT
BA GENERAL CHECKING ACCOUNT
004045 PHILLIP D NEUMAN 125223 10/06/22 35,872.70
001097 PRODESSE PROPERTY GROUP 125224 10/06/22 3,523.52 003503 PURETEC INDUSTRIAL WATER 125225 10/06/22 293.72
005008 RDO EQUIPMENT CO. 125226 10/06/22 399.47
003567 ROBERTS/AARON 125227 10/06/22 51.00
003559 ROBERTS/MEREDITH 125228 10/06/22 199.32
005028 ROBINSON/ALICE 125229 10/06/22 50.00
001118 RUTHERFORD/JAYSON 125230 10/06/22 50.00
001118 RUTHERFORD/JAYSON 125231 10/06/22 650.00
000135 SAN LORENZO VALLEY WATER 125232 10/06/22 45.01
001364 SANTA CRUZ COUNTY 125233 10/06/22 32,672.40
000128 SCARBOROUGH LUMBER 125234 10/06/22 4,154.49
000130 SCOTTS VALLEY FIRE DISTR 125235 10/06/22 9,099.00 005034 SILVA/JULIO 125236 10/06/22 50.00
004092 SIMONOVICH/CATHIE 125237 10/06/22 50.00
002065 SOTO/ART 125238 10/06/22 50.00
005019 STOCKER/CORIE 125239 10/06/22 50.00
001085 SYCAL ENGINEERING INC 125240 10/06/22 1,527.09
003973 THOMAS/TYLER 125241 10/06/22 50.00
000153 THOMSON REUTERS-WEST 125242 10/06/22 366.60
000151 VISION SERVICE PLAN 125243 10/06/22 1,157.10
003145 WAGE WORKS 125244 10/06/22 51.37
003576 WEBER,HAYES, & ASSOCIATE 125245 10/06/22 6,634.77 005022 WELSH/ELISA 125246 10/06/22 50.00
GENERAL CHECKING ACCOUNT 193,280.64 ***
007
SCOTTS VALLEY ACCOUNTS PAYABLE
CITY OF SCOTTS VALLEY
10/06/2022 14:28:51 Check Register
GL540R-V08.17 PAGE 3
BANK VENDOR CHECK# DATE AMOUNT
REPORT TOTALS: 193,280.64
RECORDS PRINTED - 000160
008
SCOTTS VALLEY ACCOUNTS PAYABLE
CITY OF SCOTTS VALLEY
10/06/2022 14:28:51 Check Register
GL060S-V08.17 RECAPPAGE
GL540R
FUND RECAP:
FUND DESCRIPTION DISBURSEMENTS
---- ----------------------------
001 GENERAL 132,996.08
004 RECREATION 296.54
010 WASTEWATER OPERATIONS 40,886.43
011 TERTIARY TREATMENT PLANT 1,125.00
012 WASTEWATER CAPITAL RESERVE 5,370.00
019 AFFORDABLE HOUSING 1,974.00
023 SVRDA SUCCESSOR AGENCY 7,143.90
028 SENIOR CENTER 1,326.74
050 PINEWOOD EST LNDSCP MAINT DT 1,178.97
077 SKYPARK MAINT ASSESS DIST 29.58
123 COMMUNITY FACILITY CENTER 953.40
TOTAL ALL FUNDS 193,280.64
BANK RECAP:
BANK NAME DISBURSEMENTS
---- ----------------------------
BA GENERAL CHECKING ACCOUNT 193,280.64
TOTAL ALL BANKS 193,280.64
009
SCOTTS VALLEY ACCOUNTS PAYABLE CITY OF SCOTTS VALLEY
10/13/2022 15:46:48 Check Register GL050S-V08.17 COVERPAGE GL540R
Report Selection:
RUN GROUP... 101322 COMMENT... 10/13/22 A/P
DATA-JE-ID DATA COMMENT
-------------- ------------------------
W-10132022-224 10/13/22 A/P
Run Instructions:
Jobq Banner Copies Form Printer Hold Space LPI Lines CPI CP SP RT L 01 Y S 6 066 10
010
SCOTTS VALLEY ACCOUNTS PAYABLE
CITY OF SCOTTS VALLEY
10/13/2022 15:46:48 Check Register
GL540R-V08.17 PAGE 1
BANK VENDOR CHECK# DATE AMOUNT
BA GENERAL CHECKING ACCOUNT
003497 ALVAREZ INDUSTRIES, INC 125251 10/13/22 2,156.00 001670 AT &T 125252 10/13/22 3,366.80
000614 BATTERIES + BULBS #314 125253 10/13/22 182.49
001633 CAL-WEST LIGHTING & SIGN 125254 10/13/22 2,321.06 005009 CALIFORNIA SYMBIOSIS GRO 125255 10/13/22 987.75
000037 CRYSTAL SPRINGS WATER CO 125256 10/13/22 31.40
003991 DROZEK/PASCALE 125257 10/13/22 100.00
004073 DU-ALL SAFETY, LLC 125258 10/13/22 2,550.00
004005 ESTORGA/CASEY 125259 10/13/22 50.00
005024 GOOD CITY COMPANY 125260 10/13/22 8,097.50
001881 GRAINGER 125261 10/13/22 173.69
004024 K & D LANDSCAPING, INC. 125262 10/13/22 3,653.12 000066 KING'S PAINT & PAPER 125263 10/13/22 263.09
000083 MISSION UNIFORM SERVICE 125264 10/13/22 1,405.43 000098 PALACE BUSINESS SOLUTION 125265 10/13/22 1,188.94 003977 PECKHAM & MCKENNEY 125266 10/13/22 8,466.66
004045 PHILLIP D NEUMAN 125267 10/13/22 3,370.27
000723 PIED PIPER INC./THE 125268 10/13/22 2,516.50
003967 PITNEY BOWES INC 125269 10/13/22 21.45
004070 QUAD KNOPF, INC. 125270 10/13/22 22,169.59
005038 SECURITY SHORING & 125271 10/13/22 2,560.54
001113 STERICYCLE INC 125272 10/13/22 300.68
000143 SUMMIT UNIFORMS 125273 10/13/22 869.53
003757 SWEDBERG ELECTRIC INC. 125274 10/13/22 2,931.00
001589 TELECOMMUNICATIONS 125275 10/13/22 6,666.24
000153 THOMSON REUTERS-WEST 125276 10/13/22 366.60
003548 TORO PETROLEUM CORP 125277 10/13/22 4,461.95
000146 U.S. POSTMASTER 125278 10/13/22 500.00
003971 WIZIX TECHNOLOGY GROUP, 125279 10/13/22 14.50
GENERAL CHECKING ACCOUNT 81,742.78 ***
011
SCOTTS VALLEY ACCOUNTS PAYABLE
CITY OF SCOTTS VALLEY
10/13/2022 15:46:48 Check Register
GL540R-V08.17 PAGE 2
BANK VENDOR CHECK# DATE AMOUNT
REPORT TOTALS: 81,742.78
RECORDS PRINTED - 000068
012
SCOTTS VALLEY ACCOUNTS PAYABLE
CITY OF SCOTTS VALLEY
10/13/2022 15:46:48 Check Register
GL060S-V08.17 RECAPPAGE
GL540R
FUND RECAP:
FUND DESCRIPTION DISBURSEMENTS
---- ----------------------------
001 GENERAL 47,678.56
004 RECREATION 302.81
009 PARKS & REC FACILITIES 7,106.24
010 WASTEWATER OPERATIONS 6,825.18
011 TERTIARY TREATMENT PLANT 2,230.98
028 SENIOR CENTER 684.24
050 PINEWOOD EST LNDSCP MAINT DT 313.00
077 SKYPARK MAINT ASSESS DIST 1,007.00
123 COMMUNITY FACILITY CENTER 531.42
150 GENERAL CAPITAL IMPROVEMENTS 15,063.35
TOTAL ALL FUNDS 81,742.78
BANK RECAP:
BANK NAME DISBURSEMENTS
---- ----------------------------
BA GENERAL CHECKING ACCOUNT 81,742.78
TOTAL ALL BANKS 81,742.78
013
AGENDA ITEM C
DATE: 10-19-2022
City of Scotts Valley
CITY COUNCIL STAFF REPORT
DATE: October 19, 2022
TO: Honorable Mayor and City Council
FROM: Kirsten M. Powell, City Attorney
SUBJECT: CONTINUED VIRTUAL MEETINGS FOR CITY COUNCIL AND
APPOINTED BOARDS
SUMMARY OF ISSUE
On October 26, 2021, the City Council passed Resolution No. 2007 authorizing continued virtual meetings and extended those meetings on November 17, 2021, December 15, 2021, January 12, 2022, February 2, 2022, March 2, 2022, March 16, 2022, April 6, 2022, May 4, 2022, June 1, 2022, July 26, 2022, August 30, 2022 and September 21, 2022, by Resolution Nos. 2007.1, 2007.2, 2007.3, 2007.4, 2007.5, 2007.6, 2007.7, 2007.8, 2007.9, 2007.10, 2007.11 and 2007.12. Pursuant to AB 361, legislative bodies may use teleconferencing to conduct public meetings during a proclaimed State of Emergency, as defined under the California Emergency Services Act, if one of the following circumstances apply: (A) State or local officials have imposed or recommended measures to promote social distancing; (B) The legislative body is meeting to determine whether, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees; or (C) The legislative body has determined that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.
At this point, the State of Emergency the Governor proclaimed on March 4, 2020 is still in effect today and the recommended measures to promote social distancing are still in place. Recently with the emergence of the BA.4 and BA.5 variants, cases have increased in the State of California and in Santa Cruz County. Although cases have dropped, a new subvariant has been discovered in Europe and Asia which as increased cases in those areas. Health officers continue to recommend wearing masks indoors.
The City has been working to install technological upgrades to accommodate hybrid meetings so anyone wanting to participate in the meetings would not have to attend in person. However, such installation and necessary training has not yet been completed. As a result, holding public meetings of the City Council or other appointed bodies in person continues to present imminent risks to the health and safety of attendees.
001
AGENDA ITEM C
DATE: 10-19-2022
FISCAL IMPACT
There is no fiscal impact associated with continuing virtual meetings.
STAFF RECOMMENDATION
Adopt Resolution No. 2007.13 confirming the need for virtual meetings pursuant to AB 361.
TABLE OF CONTENTS PAGE
Resolution No. 2007.13 ................................................................................................... 3 002
RESOLUTION NO. 2007.13
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SCOTTS VALLEY
AUTHORIZING THE CONTINUED USE OF TELECONFERENCED MEETINGS PURSUANT TO ASSEMBLY BILL 361
WHEREAS, on March 4, 2020, Governor Newsom issued a Proclamation of State of Emergency, pursuant to the Emergency Services Act, in response to the COVID-19 pandemic; and
WHEREAS, on March 17, 2020, Governor Newsom issued Executive Order N-29-20, which suspended certain requirements of Government Code section 54950 et seq., the Ralph M.
Brown Act (“Brown Act”), in order to allow local legislative bodies to conduct meetings telephonically or electronically without a physical meeting place; and WHEREAS, on June 11, 2021, Governor Newsom issued Executive Order N-08-21, providing that the provision suspending the Brown Act requirements in Executive Order N-29-20 would remain in effect through September 30, 2021, at which point the suspension would expire; and
WHEREAS, on September 16, 2021, Governor Newsom signed Assembly Bill 361 (“AB 361”), an urgency measure effective upon adoption, amending the Brown Act to allow legislative bodies to continue teleconferencing during a proclaimed State of Emergency, and either state or local officials have imposed or recommended measures to promote social distancing, or the legislative body determines that meeting in person would present imminent risks to the health or safety of attendees;
WHEREAS, the State of Emergency proclaimed by the Governor on March 4, 2020, remains in effect; and
WHEREAS, state and local officials have imposed and/or recommended measures to promote social distancing; and
WHEREAS, public health officials are recommending people wear masks indoors; and WHEREAS, the active cases in Scotts Valley have reportedly reduced; however, there may be significant undercounting of cases due to the prevalence of home testing; and WHEREAS, the Omicron subvariants BA.4 and BA.5 are continuing to spread and a new subvariant has been discovered in Europe and Asia; and
WHEREAS, on October 26, 2021, the City Council of the City of Scotts Valley passed Resolution No. 2007 to continue the use of virtual meetings and confirmed the need for virtual meetings on November 17, 2021, with passage of Resolution No. 2007.1, on December 15, 2021, with the passage of Resolution No. 2007.2, on January 12, 2022, with the passage of Resolution No. 2007.3, on February 2, 2022, with the passage of Resolution No. 2007.4, with the passage of Resolution No. 2007.5 on March 2, 2022, with the passage of Resolution No. 2007.6 on March 16, 2022, with the passage of Resolution No. 2007.7 on April 6, 2022, with the passage of Resolution No. 2007.8 on May 4, 2022, with the passage of Resolution No. 2007.9 on June 1, 2022, with the passage of Resolution No. 2007.10 on July 26, 2022, with 003
the passage of Resolution No. 2007.11 on August 30, 2022, and with the passage of Resolution 2007.12 on September 21, 2022; and
WHEREAS, the City Council of the City of Scotts Valley hereby finds and determines that the above conditions continue to create an imminent risk to the health and safety of attendees should they be required to attend meetings in person in a shared indoor public meeting space; and
WHEREAS, the City Council wishes to authorize remote meetings as set forth in this Resolution.
NOW THEREFORE, be it resolved by the City Council of the City of Scotts Valley as follows:
A. The City hereby acknowledges the Governor of the State of California’s Proclamation of State of Emergency related to the COVID-19 pandemic remains in effect; and B. The City finds that due to the continued threat of COVID-19 transmission in the community holding in person meetings for the City Council and other appointed bodies of the City of Scotts Valley would present imminent risks to the health or safety of attendees.
C. The City Council and other appointed bodies of the City of Scotts Valley are hereby authorized and directed to take all actions necessary to carry out the intent and purpose of this Resolution including conducting open and public meetings in accordance with Government Code section 54953(e) and other applicable provisions of the Brown Act.
D. This Resolution shall take effect immediately upon its adoption and shall be effective until the earlier of (i) thirty days from the adoption of this Resolution, or (ii) such time the City Council adopts a subsequent resolution in accordance with Government Code section 54953(e)(3) to extend the time during which the City Council and the appointed bodies of the City of Scotts Valley may continue to teleconference without compliance with paragraph (3) of subdivision (b) of section 54953.
The above and foregoing Resolution was duly and regularly adopted by the City Council of the City of Scotts Valley at a regular meeting held on the 19th day of October, 2022 by the following vote:
AYES:
NOES
ABSENT:
ABSTAIN:
Approved: _____________________________
Donna Lind, Mayor
Attest: ______________________________
Cathie Simonovich, City Clerk
004
AGENDA ITEM 1
DATE: 10-19-2022
City of Scotts Valley
CITY COUNCIL STAFF REPORT
DATE: October 19, 2022
TO: Honorable Mayor and City Council
FROM: Corie Stocker, Assistant to the City Manager
APPROVED BY: Mali LaGoe, City Manager
SUBJECT: FY 22-23 COMMUNITY GRANT PROGRAM RECOMMENDATIONS
SUMMARY OF ISSUE
On August 3rd, 2022 staff presented the FY 22-23 Community Grant Program Request for Proposal (RFP) and scoring criteria to City Council. The criteria and RFP were created to allow for a formal process to award community grants. Historically, the City has provided small grants to community benefit organizations that serve Scotts Valley. This year the City Council has allocated $50,000 in the budget to be awarded through community grants and in the RFP indicated the City's intent to fund between 5-10 organizations at $5,000 and $15,000 each.
The RFP was issued the morning of August 10th and remained open until September 7th at 5pm.
The City received 25 proposals, with the total requested amount over $200,000. There was an array of organizations requesting funding, such as youth services, mental health services, food delivery, senior services, and many others. After collecting all proposals, the City Manager created the Application Review Committee, selecting two internal staff members and two external community members to assist in the scoring and review process.
Within the posted RFP was the scoring criteria that the Committee used to score the proposals.
The scoring criteria had three main sections: a baseline qualification screening, content criteria (40 points) and financial criteria (25 points). Proposals were required to provide information on how they supported two of the City’s Strategic Plan goals: Maintaining the Quality of Life for Residents and Economic Development. The City also emphasized an interest in filling funding gaps left by state or federal funding sources and one-time costs or capital infrastructure.
Proposals did not need to score perfectly in each criteria category, they just needed the highest collective score, averaged over the four committee members.
The Committee members independently reviewed all 25 proposals and scored them based on the scoring criteria. Once all independent scores were submitted, the Committee met to discuss the scores and finalize recommendations for City Council. After thoughtful discussion, seven organizations with the highest average scores were selected with a total ask of just over $50,000.
Considering the discussion, budget, and scores, the Committee provided a primary recommendation and an alternative recommendation to offer to City Council.
AGENDA ITEM 1
DATE: 10-19-2022
Primary Recommendation:
The review committee recommends funding a majority of the top seven organizations’ requests, rounding or reducing three organization’s awarded amounts to fit within the $50,000 budget allocation.
Alternative Recommendation:
The alternative recommendation is to fully fund the top seven organizations’ requests by increasing the General Fund allocation by $6,604 over the current $50,000 budget. This recommendation would fund each organization to their full proposal amount, with a total awarded amount of $56,604.
Organization Name
Funding
Requested
Funding
Recommendation
Boys and Girls Club Santa Cruz County $15,000 $15,000
Community Bridges - Meals on Wheels $6,500 $6,500
Family Service Agency of the Central Coast $5,000 $5,000 Grey Bears $6,000 $6,000
O'Neill Sea Odyssey $10,604 $10,604
Scotts Valley Educational Foundation $10,000 $10,000
United Way of Santa Cruz County (YAN) $3,500 $3,500
Total: $56,604 $56,604
Once the organizations and funding amounts are finalized, contracts will be executed with each organization including insurance, reporting requirements, and the specific documentation required for payment issuance.
Organization Name
Funding
Requested
Funding
Recommendation
Boys and Girls Club Santa Cruz County $15,000 $15,000
Community Bridges - Meals on Wheels $6,500 $5,000
Family Service Agency of the Central Coast $5,000 $5,000 Grey Bears $6,000 $6,000
O'Neill Sea Odyssey $10,604 $10,500
Scotts Valley Educational Foundation $10,000 $5,000
United Way of Santa Cruz County (YAN) $3,500 $3,500
Total: $56,604 $50,000
AGENDA ITEM 1
DATE: 10-19-2022
FISCAL IMPACT
There is no fiscal impact to the General Fund associated with the primary Community Grant Request for Proposals recommendation. The funding amount of $50,000 is included in the FY 2022-23 budget. However, if City Council chooses to adopt the alternative recommendation, the General Fund will be impacted by $6,604 above the originally budgeted amount. This alternative allows the City to fund all seven recommended proposals fully.
STAFF RECOMMENDATION
It is recommended that the City Council approve the primary or alternate recommendation outlined above and authorize the City Manager to execute contracts with the grant awardees in a form acceptable to the City Attorney.
AGENDA ITEM 2
DATE: 10-19-2022
City of Scotts Valley
INTEROFFICE MEMORANDUM
DATE: October 19, 2022
TO: Honorable Mayor and City Council
FROM: Kirsten Powell, City Attorney
SUBJECT: CODE OF CONDUCT
SUMMARY OF ISSUE
The City of Scotts Valley does not currently have an official Code of Conduct. A Code of Conduct, can help facilitate collaboration and serve as a framework for decorum between individual members and the elected body as a whole. A Code of Conduct can also encourage the highest standards of behavior by City of Scotts Valley elected and appointed officials; make implicit norms of leadership and communication explicit; and provide an ongoing source of guidance to City officials in their day-to-day service to the City.
The proposed Code of Conduct provides guidelines for the City Council and the City Commissions and Boards during meetings and during their interactions with each other and City staff. The provisions are not intended to limit the legal authority of the City Council, or the Commissions and Boards; rather it is intended to reinforce the expectation that elected and appointed officials are expected to treat each other, staff, and the general public with dignity, respect and fairness. It is expected that all elected and appointed members will adhere to the Code of Conduct and that violations of the Code of Conduct may result in some consequence. The Code of Conduct will be signed by newly elected and appointed officials and reacknowledged annually to ensure a continued awareness of the expectations.
When preparing this policy, City staff reviewed for reference the policies of the following cities: City of Santa Cruz, City of Capitola, City of Belmont, City of Alameda, City of Nevada City and Town of Los Gatos. Staff also reviewed best practices from the League of California Cities.
FISCAL IMPACT
None
001
AGENDA ITEM 2
DATE: 10-19-2022
STAFF RECOMMENDATION
Approve Resolution No. 2019 which is a Resolution of the City Council of the City of Scotts Valley adopting a Code of Conduct for the City Council, City Commissions and City Boards.
TABLE OF CONTENTS Page
Resolution No. 2019 – Adopting a Code of Conduct for the City Council, Commissions, and Boards............................................................................................3 Proposed City of Scotts Valley Code of Conduct..........................................................4 002
RESOLUTION NO. 2019
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SCOTTS VALLEY ADOPTING A CODE OF CONDUCT FOR THE CITY
COUNCIL, CITY COMMISSIONS AND CITY BOARDS
WHEREAS, currently, the City of Scotts Valley does not have a Code of Conduct for the City Council, the City Commissions and City Boards; and WHEREAS, adopting a Code of Conduct Policy will ensure all elected and appointed officials, while exercising their duties of office, perform in a manner that will instill public confidence and trust in the fair operation and integrity of City government; and WHEREAS, the Code of Conduct will ensure that the City Council, City Commissions and City Boards continue to operate fairly and respectfully with each other and with members of City staff to ensure the highest standards of respect and integrity; and WHEREAS, this Code of Conduct is intended to encourage the highest standards of behavior by City of Scotts Valley elected and appointed officials; make implicit norms of leadership and communication explicit; and provide an ongoing source of guidance to City officials in their day-to-day service to the City; and WHEREAS, it is expected that all elected and appointed members will adhere to the Code of Conduct and that violations of the Code of Conduct may result in some consequence as outlined in the policy.
NOW, THEREFORE, BE IT RESOLVED AND ORDERED that the City Council of the City of Scotts Valley hereby approves a Code of Conduct for the City Council, City Commissions and City Boards, a copy of which is attached hereto as Exhibit A.
The above and foregoing resolution was duly and regularly adopted by the City Council of the City of Scotts Valley at a regular meeting held on the 19th day of October, 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Approved: ____________________________
Donna Lind, Mayor
Attest: ___________________________
Cathie Simonovich, City Clerk
003
CITY OF SCOTTS VALLEY CODE OF CONDUCT
I. Preamble
The legal responsibilities of the Scotts Valley City Council and Scotts Valley Commissions and Boards (collectively referred to as “Commissions”) are set forth by applicable state and federal laws. This Policy is written with the assumption that Council Members and Commissioners, through training, are aware of their legal and ethical responsibilities as elected and appointed officials.
II. Form of Government
The City of Scotts Valley operates under a Council-Manager form of government as prescribed by California Government Code Section 34851 and Scotts Valley Municipal Code Chapter 2.04. Accordingly, members of the Council are elected at-large, provide legislative direction, set City policy, and ultimately answer to the public. The City Manager serves as the City’ s chief administrative officer and is responsible for directing the day-to-day operations of the City and implementing policy direction. City Commissioners are appointed by the City Council.
III. City Council Roles and Responsibilities
The role of the City Council is to act as a legislative and quasi-judicial body. Through its legislative and policy authority, the Council is responsible for assessing and achieving the community’s desire for its present and future and for establishing policy direction to achieve its desired outcomes. All members of the City Council, including those who serve as Mayor and Vice Mayor, have equal votes. Members of the City Council fulfill their role and responsibilities through the relationships they have with each other and the public. City Council Members should approach their work, each other, and the public in a manner that reflects ethical behavior, honesty and integrity. The commitment of City Council Members to their work is characterized by open constructive communication, innovation, and creative problem solving.
IV. Mayoral and Vice Mayoral Roles, Responsibilities, Relationships The following outlines some of the key roles, responsibilities, and relationships as they relate to the positions of Mayor and Vice Mayor:
Mayor
A. The Mayor is the presiding officer of the City Council. In this capacity, the Mayor is responsible for developing Council agendas in cooperation with the City Manager and leading Council meetings.
B. The title of Mayor carries with it the responsibility of communicating with the City Council, City Manager, and members of the public. In this capacity, the Mayor serves as the City “spokesperson” representing the Council in official and ceremonial occasions.
C. As the official City spokesperson, the Mayor performs special duties consistent with the Mayoral office, including, but not limited to: signing of documents on behalf of the 004
City, issuing proclamations, serving as the official voting delegate for various municipal advocacy groups, and delivering the State of the City Address at his or her discretion.
The City Council will determine any additional authority or duties that the Mayor shall perform.
D. Special duties consistent with the Mayoral office may be delegated to the Vice Mayor or any other member of the City Council.
Vice Mayor
A. In the Mayor’s absence, the Vice Mayor shall perform the formal duties of the Mayor.
B. When the Vice Mayor performs the duties of the Mayor in his/ her absence, the Vice Mayor also carries the responsibility of communicating with the City Manager, City Council, and members of the public.
V. City Commissioner Roles and Responsibilities.
The role of the Commissioners is outlined in the applicable City law or policy. All Commissioners, even the Chairperson and Vice Chairperson, have equal votes.
Commissioners fulfill their role and responsibilities through the relationships they have with each other and the public. City Commissioners should approach their work, each other, and the public in a manner that reflects ethical behavior, honesty and integrity.
The commitment of City Commissioners to their work is characterized by open constructive communication, innovation, and creative problem solving.
VI. Chairperson and Vice Chairperson Roles, Responsibilities and Relationships Chairperson
A. The Chairperson of any City Commission is the presiding officer of the Commission.
B. The title of Chairperson carries with it the responsibility of communicating with the City Council, City staff liaison, and members of the public.
C. Special duties consistent with the Chairperson position may be delegated to the Vice Chairperson or any other member of the City Commission.
Vice Chairperson
A. In the Chairperson’s absence, the Vice Chairperson shall perform the formal duties of the Chairperson.
B. When the Vice Chairperson performs the duties of the Chairperson in his/ her absence, the Vice Chairperson also carries the responsibility of communicating with the City Commission, City staff liaison, and members of the public.
VII. Conduct in Public Meetings
005
To ensure the highest standards of respect and integrity during public meetings, Council Members and Commissioners should:
A. Use formal titles. The Council should refer to one another formally during Council meetings such as Mayor, Vice Mayor or Council Member or Mr., Mrs., or Ms., followed by the individual’ s last name. The Commissioners should refer to one another formally during Commission meetings such as Chairperson/Chair, Vice Chairperson/Vice Chair or Commissioner or Mr., Mrs., or Ms., followed by the individual’ s last name.
B. Practice civility and decorum in discussions and debate. Difficult questions, tough challenges to a particular point of view, and criticism of ideas and information are legitimate elements of free democracy in action. During public discussions, Council Members and Commissioners should be respectful of others and diverse opinions and allow for the debate of issues.
C. Honor the role of the presiding officer in maintaining order and equity. Respect the Mayor/Chairperson's efforts to focus discussion on current agenda items.
D. Council and Commission decisions should be reserved until all applicable information has been presented.
E. Conduct during public hearings. During public testimony, Council Members and Commissioners should refrain from engaging the speaker in dialogue. Speakers at public meetings will be asked to provide their full name. This information is optional but not required. For purposes of clarification, Council Members or Commissioners may ask the speaker questions. Council and Commission comment and discussion should commence upon the conclusion of all public testimony. Council Members and Commissioners have no obligation to answer any questions posed by speakers during public testimony.
VIII. Council and Commission Relationship with City Staff The City Council has adopted a Council- Manager form of government. The City Manager’ s powers and duties are outlined in the Scotts Valley Municipal Code Chapter
2.04. Council Conduct and Communication with City Staff To enhance its working relationship with staff, Council should be mindful of the support and resources needed to accomplish Council goals. When communicating and working with staff, Council should follow these guidelines:
A. Council Members should treat staff as professionals. Clear, honest communication that respects the abilities, experience, and dignity of each individual is expected. As with Council colleagues, practice civility and decorum in all interactions with City staff.
B. Council Members should direct questions about policy, budget, or professional opinion to the City Manager, City Attorney or Department Directors. Council Members 006
can direct questions and inquiries to any staff for information that is readily available to the general public or easily retrievable by staff.
C. The City Manager and staff are responsible for implementing City policy and/ or Council action. The processing of Council policy and decisions takes place with the City Manager and staff. Council should not direct policy/ program administrative functions and implementation; rather it should provide policy guidance to the City Manager.
D. Council Members should attempt to communicate questions, corrections, and/ or clarifications about reports requiring official action to staff prior to Council meetings.
Early feedback will enable staff to address Council questions and incorporate minor corrections or changes to a Council report, resulting in a more efficient Council meeting discussion; however, this does not preclude Council Members from asking questions at Council Meetings.
E. Council Members should not direct the City Manager to initiate any action, change a course of action, or prepare any report without the approval of Council. The City Manager’s responsibility is to advise on resources available and required for a particular course of action as it relates to the direction of the majority of the Council.
F. Council Members should not attend department staff meetings unless requested by the City Manager.
G. All Council Members should have the same information with which to make decisions. Information requested by one Council Member will be shared with all members of the Council.
H. Concerns related to the behavior or work of a City employee should be directed to the City Manager. Council Members should not reprimand employees.
I. Per California Government Code Sections 3201-3209, Council Members should not solicit financial contributions from City staff or use promises or threats regarding future employment. Although City staff may, as private citizens with constitutional rights, support political candidates, such activities cannot take place during work hours, at the workplace, or in uniform.
Commissioner Conduct and Communication with City Staff
A. Commissioners should treat staff as professionals. Clear, honest communication that respects the abilities, experience, and dignity of each individual is expected. As with Commission colleagues, practice civility and decorum in all interactions with City staff.
B. Commissioners should direct all questions to the City staff liaison.
C. Commissioners should attempt to communicate questions, corrections, and/ or clarifications about reports requiring official action to staff prior to Commission meetings. Early feedback will enable staff to address Commission questions and 007
incorporate minor corrections or changes to a Commission report, resulting in a more efficient Commission meeting discussion; however, this does not preclude Commissioners from asking questions at Commission Meetings.
D. Concerns related to the behavior or work of a City employee should be directed to the City staff liaison. In the event the concern relates to the behavior or work of the City staff liaison, concerns should be directed to the City Manager.
Commissioners should not reprimand employees.
IX. Communication with the Public and other Council Members or Commissioners The Public has a reasonable expectation that it may engage its Council Members or Commissioners on matters of community concern. In response, Council Members or Commissioners may express a preliminary opinion on issues or projects raised. Any such preliminary statement shall not constitute a prejudgment or create a presumption of bias on any issue or a project. In addition, Council Members and Commissioners may from time to time express opinions regarding broad policy matters which may be in conflict with currently adopted Council policies. Such statements are permissible if clearly characterized as personal opinion or policy change objectives.
X. Enforcement
A. Purpose
The Code of Conduct Policy establishes guiding principles for appropriate conduct and behavior and sets forth the expectations of Council Members and Commissioners. The purpose of the policy language is to establish a process and procedure that:
1. Allows the public, City Council, Commissioners and City employees to report Code of Conduct policy violations or other misconduct.
2. Provides guidelines to evaluate Code of Conduct policy violations or other misconduct and implement appropriate disciplinary action when necessary.
B. Procedures
1. Reporting of Complaints
The following section outlines the process for reporting Council Member or Commissioner Code of Conduct Policy violations or other misconduct:
a. Complaints made by members of the public, a Commissioner, the City Manager, and City Attorney should be reported to the Mayor. If a complaint involves the Mayor, it should be reported to the Vice Mayor. b. Complaints made by Council Members should be reported to the City Manager or City Attorney to adhere to Brown Act requirements. c. Complaints made by City employees should be reported to the City Manager, who will direct them to the Mayor or Vice Mayor. 008
2. Evaluation of Complaints Alleging Violations
Upon report of a written complaint, the City Manager and City Attorney will join the Mayor or Vice Mayor as an evaluation committee to determine the validity of the complaint and, if appropriate, an initial course of action as discussed below. If the City Manager or City Attorney is the complainant, the longest serving uninvolved Council Member will replace the City Manager or City Attorney on the evaluation committee.
Within seventy-two (72) hours of receipt of the complaint by the Mayor or Vice Mayor, the Council Member or Commissioner in question shall be notified of the reported complaint by the Mayor or his/ her designee. The notification shall include a copy of the written complaint and supporting documentation, if any, the identity of the complainant and nature of the complaint.
3. Unsubstantiated or Minor Violations
If the majority of the Committee agrees that the reported violation is without substance, no further action will be taken. If the reported violation is deemed valid but minor in nature, the Mayor or Vice Mayor shall counsel and, if appropriate, admonish the Council Member or Commissioner privately to resolve the matter. Admonishment is considered to be a reproof or warning directed to a Council Member or Commissioner about a particular type of behavior that violates City policy.
4. Allegations of Major Violations
If the reported violation is considered to be serious in nature, the matter shall be referred to outside legal counsel selected by the Committee for the purpose of conducting an initial interview with the subject Council Member or Commissioner. The outside counsel shall report his/ her initial findings back to the Committee. If the Committee then determines that an investigation is warranted, the Committee shall direct the outside legal counsel to conduct an investigation. The investigation process would include, but is not limited to, the ascertainment of facts relevant to the complaint through interviews and the examination of any documented materials. 5. Report of Findings
At the conclusion of the investigation, outside legal counsel shall report back to the Committee in writing. The report shall either (1) recommend that the Council Member or Commissioner be exonerated based on a finding that the investigation did not reveal evidence of a serious violation of the Code of Conduct, or (2) recommend disciplinary proceedings based on findings that one or more provisions of the Code of Conduct or other City policies have been violated. In the latter event, the report shall specify the provisions violated along with the facts and evidence supporting each finding. The Committee shall review the report and its recommendations. If the consensus of the Committee is to accept the report and recommendations, the Committee shall implement the recommendations. Where the recommendation is exoneration, no further action shall be taken. Where the recommendation is to initiate disciplinary proceedings, the matter shall be referred to the City Council. Where there is no consensus of the Committee regarding the recommendations, the matter shall be 009
referred to the City Council. The subject Council Member or Commissioner shall be notified in writing of the Committee’s decision within 72 hours. Where the decision is to refer the matter to the City Council, a copy of the full report, including documents relied on by the investigator shall be provided with the notification, and a copy of both shall be provided to the whole City Council.
6. Proceedings
Investigative findings and recommended proceedings and disciplinary action that are brought forward to City Council as a result of a significant policy violation shall be considered at a public hearing. The public hearing should be set far enough in advance to allow the Council Member or Commissioner in question reasonably sufficient time to prepare a response. Investigative findings shall be presented to the City Council at a public hearing. The rules of evidence do not apply to the public hearing. It shall not be conducted as an adversarial proceeding.
C. Disciplinary Action
1. Considerations in Determining Disciplinary Action
Disciplinary action may be imposed by Council upon Council Members or Commissioners who have violated the Code of Conduct Policy. Disciplinary action or sanctions are considered when a serious violation of City policy has occurred by a Council Member or Commissioner. In determining the type of sanction imposed, the following factors may be considered:
a. Nature of the violation
b. Prior violations by the same individual
c. Other factors which bear upon the seriousness of the violation
2. Types of Sanctions
At the discretion of the Council, sanctions may be imposed for violating the Code of Conduct or engaging in other misconduct. These actions may be applied individually or in combination. They include, but are not limited to:
a. Public Admonishment – A reproof or warning directed to a Council Member or Commissioner about a particular type of behavior that violates City policy.
b. Revocation of Special Privileges – A revocation of a Council Member’s Council Committee assignments, including standing and ad hoc committees, regional boards and commissions, and community-generated board/ committee appointments. Other revocations may include temporary suspension of official travel, conference participation, and ceremonial titles. c. Censure – A formal statement or resolution by the Council officially reprimanding a Council Member or Commissioner.
010
d. Removal from Commission- Commissionersmay be removed from the Commission by a majority vote of the City Council.
X. IMPLEMENTATION
As an expression of standards of conduct for Council Members and Commissioners expected by the City, the City of Scotts Valley Code of Conduct is intended to be selfenforcing. It therefore becomes most effective when members are thoroughly familiar with it and embrace its provisions. For this reason, ethical standards shall be included in any meetings with candidates for City Council and newly elected and appointed officials.
Members entering office shall sign a statement affirming they have read and understood the City of Scotts Valley Code of Conduct and reaffirm that understanding each year.
I affirm that I have read and that I understand, the City of Scotts Valley Code of Conduct Policy.
Signature __________________________________ Date:______________ Position:___________________________________
011