809 Center Street

Santa Cruz, California  95060




Regular Meeting

August 22, 2017

Updated 8/21/17

1:30 p.m.

Closed Litigation Session, Courtyard Conference Room

2:30 p.m.

Consent, General Business and Public Hearings, Council Chambers



Written correspondence and telephone calls received after 5:00 p.m. on the Monday immediately preceding a Council meeting may not have time to reach Councilmembers, nor be read by them prior to consideration of an item.  Please make any communication to Councilmembers regarding Council meeting items prior to 5:00 p.m. Monday.


Council meetings are cablecast on Comcast Channel 25 or Channel 26. 


Written material for every item listed in the open sessions is available for review at the Downtown Branch Library Reference Desk.


Time limits set by Council Policy are guidelines.  Unless otherwise specified, procedures for all items, except those approved in one motion on the Consent Agenda, are:


·         Staff Presentation

·         Public comment - 2 minutes each; maximum total time may be established by the Presiding Officer at the beginning of the item

·         Council deliberation and action


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 The Cal-Relay system number: 1-800-735-2922.



Closed Litigation Session


1:30 PM


The Presiding Officer will open the City Council Closed Litigation Session in a public meeting in the Council Chambers, for the purpose of announcing the agenda, and receiving public testimony. Thereafter, the councilmembers will move to the Courtyard Conference Room and the meeting will be closed to the public.


Closed Session



Conference With Legal Counsel - Liability Claims (Government Code §54956.95)



1. Claimant: Thomas L. Ard

2. Claimant: Jorge Gonzalez Salas

3. Claimant: Carlos Ortiz


Claims against City of Santa Cruz




Conference With Legal Counsel - Existing Litigation (Government Code §54956.9(d)(1)).



1. Nancy Graham v. City of Santa Cruz, et al.

Santa Cruz County Superior Court, Case No 16CV02729


2. Donald Harman v. City of Santa Cruz, et al.

Northern District Court of California, Case No. 5:16-cv-04361




Real Property Negotiations (Government Code §54956.8)



1. Property: (no address) Municipal Wharf

APN: (no APN)

Owner: City of Santa Cruz

Agency Negotiator: Bonnie Lipscomb

Negotiating Parties: City and University Corporation

Under Negotiation: FM broadcast equipment on the Municipal Wharf (License)



Closed Session (continued)



Real Property Negotiations (Government Code §54956.8) (continued)



2. Property: 55A Municipal Wharf

APN: 007-381-01

Owner: City of Santa Cruz

Agency Negotiator: Bonnie Lipscomb

Negotiating Parties: City and Marini’s Candies

Under Negotiation: Price, terms of payment, or both for Municipal Wharf Lease


3. Property: 333 Front Street

APN: 005-152-30 and 005-152-31

Owner: NIAC

Agency Negotiator: Bonnie Lipscomb

Negotiating Parties:  City and NIAC

Under Negotiation: Price, terms of payment, or both for potential acquisition


4. Property: 820/822 Pacific Avenue

APN: 005-152-18 and 005-152-34

Owner: Devcon Investments, LLC

Agency Negotiator: Bonnie Lipscomb

Negotiating Parties:  City and Devcon Investments, LLC

Under Negotiation: Price, terms of payment, or both for potential acquisition



City Council


2:30 PM


Call to Order


Roll Call


Pledge of Allegiance


Introduction of New Employees





September is Childhood Cancer Awareness Month




Overview of Street Smarts Traffic Safety Campaign (PW)


Presiding Officer's Announcements


Statements of Disqualifications


Additions and Deletions


Oral Communications Announcement - Community members may address the Council about any matter not on the agenda during Oral Communications. The Mayor determines when Oral Communications will commence but generally it will occur at approximately 5 p.m. but may occur before or after 5 p.m. Speakers will be invited up to the lectern by the Mayor and are asked to keep comments to two minutes or less, and encouraged to state name and community of residence. Up to 30 minutes will be allocated for Oral Communications. Note that in the absence of an emergency, California law prohibits the Council from discussing or taking immediate action on comments offered in Oral Communications.


City Attorney Report on Closed Session


City Manager Report - The City Manager will report on events since the last council meeting.



Consent Agenda



Minutes of the August 8, 2017 City Council Meeting (CC)



Motion to approve as submitted.




Sponsorship of Pilot First Friday Street Closures (CM)



Motion to 1) approve City sponsorship of $3,145, in the form of fee waivers and General Fund support, of the pilot First Friday Street Closures and 2) direct staff to evaluate the implications and cost of long-term City sponsorship of Cooper Street closures and return to Council with a recommendation on long-term sponsorship no later than January 2018.




UCSC 2020 Long-Range Development Plan Community Advisory Group – Councilmember Appointments (CM)



Motion authorizing the Mayor to appoint two Councilmembers to serve on the University of California, Santa Cruz 2020 Long-Range Development Plan Community Advisory Group.




Animal Services Authority Joint Powers Agreement - Amendment (CM)



Motion authorizing the City Manager to execute, in a form approved by the City Attorney, the Third Amendment to the Joint Powers Agreement for the Animal Services Authority for the County of Santa Cruz, to ratify the rejoining of the City of Capitola as a Member Agency.




Statement of Investment and Portfolio Policy (FN)



Motion to approve the Statement of Investment and Portfolio Policy.




Multiple Award for Laboratory Testing Services (FN)



Motion to award contracts for laboratory testing services to Eurofins Eaton Analytical (Monrovia, California) and McCampbell Analytical (Pittsburg, California).



Consent Agenda (continued)



Liability Claims Filed Against City of Santa Cruz (FN)



Motion to reject liability claims of a) Thomas L. Ard, b) Jorge Gonzalez Salas, and c) Carlos Ortiz, based on staff recommendation.


The below item was updated to redact specific information that is exempt from Public Record Request disclosure on pages 27-38 in the attachment entitled, “Ojo Security Proposal February 2017.”



City-wide Security Platform (IT)



Motion to authorize and direct the City Manager to execute a master contract in a form approved by the City Attorney, between the City of Santa Cruz and Ojo Technology Inc. for security platform installation, maintenance, and support services over an estimated 8-year period, conducted in phases via separate statements of work.




DeLaveaga Golf Lodge - Award Contract for Deck Repair (PW/PR)



Motion to authorize the City Manager to execute an agreement, in a form approved by the City Attorney, with William Thayer Construction for the DeLaveaga Golf Lodge Deck Repair Project (c901801) in the amount of $258,484.42.




Encroachment Permit – UCSC Directional Sign (PW)



Resolution granting an encroachment permit to The Regents of the University of California to install a sign base and a permanent sign in the center divider of Bay Drive, north of Meder Street.




2016 Surface Seal Program (c400810) – Notice of Completion (PW)



Motion to accept the work of Telfer Pavement Technologies, LLC (McClellan, CA) as completed per plans and specifications and authorizing the filing of a Notice of Completion for the 2016 Surface Seal Program (c400810).



Consent Agenda (continued)



Senate Bill 231 Related to Storm Water Fees – Resolution of Support (PW/CM)



Resolution of support for State Senate Bill 231, pertaining to the ability of cities to charge storm water fees to recoup costs associated with state and federal water cleanup regulations; and authorizing the Mayor to issue letters of support for the measure to Governor Jerry Brown and local representatives in the State Assembly and Senate.




University Tank No. 5 Replacement Project Contract Amendment No. 2 (WT)



Motion to ratify Contract Amendment No. 2 in the amount of $15,800 for the U5 Tank No. 5 Rehabilitation/Replacement Project agreement with Robert W Miles, Consulting Civil Engineer (RWMCE), in a form approved by the City Attorney.


Motion authorizing the Water Director to approve future change orders with RWMCE for the U5 Tank No. 5 Rehabilitation/Replacement Project agreement in a form approved by the City Attorney, for amounts that are within the approved project budget for Project c701506.




Cooperative Water Transfer, Groundwater Recharge, and Resource Management Pilot Project: Pipe Loop Study Award of Contract – Budget Adjustment (WT)



Motion to accept the proposal of Black & Veatch Corporation (Rancho Cordova, CA) in the amount of $668,626 for the implementation of a Pipe Loop Study and to authorize the City Manager to execute an agreement in a form to be approved by the City Attorney.


Resolution amending the FY 2018 budget and appropriating $900,000 from Fund 711, Water Enterprise Fund, to fund the Pipe Loop Study, associated construction, and water testing.



End Consent Agenda



Public Hearings



1547-1549 Pacific Avenue, 1110 Cedar Street (Application No. CP 17-0063) (PL)



Motion to continue the public hearing for this application to the September 12, 2017 City Council meeting.




1013 Pacific Avenue (Application No. 08-115) - Residential Demolition Authorization Permit to Demolish a Mixed-Use Building and a Tentative Subdivision Map and Design Permit to Construct a Four-Story Mixed-Use Building Consisting of 4,342 Square Feet of Ground Floor Commercial, and 17 Residential Condominium Units on a Property Located in the CBD (Central Business District) Zone District (PL)



Resolution acknowledging the environmental determination and approving the Residential Demolition Authorization Permit, Tentative Subdivision Map, and Design Permit based on the findings listed in the Conditions of Approval attached as Exhibit “A”.




344, 350/354, 356, and 358 Ocean Street (Application No. CP17-0070) - Minor Modification for a Permit Extension to CP13-0057 and CP11-0005 and to Change the Conditions of Approval Relative to Timing of Demolition of Existing Units (Environmental Determination: Categorical Exemption) (PL)



Resolution to acknowledge the environmental determination and approve the Minor Modification based on the findings listed in the Draft Resolution and the Conditions of Approval attached as Exhibit “A”.


General Business



School Safety Enhancement Zones Ordinance (CN)



Introduce an ordinance for publication adding Section 13.08.110 “Schools Safety Enhancement Zones” to the Santa Cruz Municipal Code, pertaining to safety in City parks adjacent to schools.   



General Business (continued)



Results of July 2017 Survey of Likely Voters (CM)



That the City Council receive a presentation from Gene Bregman and Associates on the results of a survey of 400 likely voters in the City of Santa Cruz conducted in July; and, motion to authorize the Mayor to appoint an Ad-Hoc Council Subcommittee, consisting of three Councilmembers, to review and make recommendations for revenue- enhancing possibilities, including a potential revenue ballot measure in 2018.




Two Year Work Plan – Implementation Plan (CM)



Motion to accept the final Two-Year Work Plan report and approve the Two-Year Work Plan implementation components of timeline, fidelity and accountability, and quarterly reporting and communication.




Establish Ad Hoc Council Committee to Specify Council Committees’ Role in Advancing the City Council Two-Year Work Plan and Explore the Potential of Forming a New Council Committee (CN)



Motion to:

- Direct the Mayor to form, and appoint three Councilmembers to, an Ad Hoc Council Committee to establish recommendations for the Public Safety and Community Programs Committees to align their mission and charge to the Council-adopted Work Plan goals as they relate to Public Safety and Community Well-Being;


- Task the Ad Hoc Committee to explore the establishment of a new Council committee as it relates to the guidance of the additional two goals of Infrastructure and Housing and corresponding City Economic Development priorities; and


- Direct the Ad Hoc Committee return to the full Council by November 2017 with any potential amendments to the existing committees' mission and charge, as well as recommendations for the establishment of the third committee guiding Infrastructure and Housing. 



Council Meeting Calendar



The City Council will review the meeting calendar attached to the agenda and revise it as necessary.


Reports on External Boards, Committees and Joint Powers Authorities



The Presiding Officer will provide Councilmembers and the City Manager the opportunity to report out on actions at external Boards, Committees and Joint Powers Authorities meetings that occurred since the last City Council meeting.










City Manager: Monthly Grant Report – July 2017: August 15, 2017 (CM FYI 228)




Economic Development Department: William Fisher Architecture, Inc. Lease Extension – 603 Front Street   August 7, 2017 (ED FYI 009)







Proclaiming August 19, 2017 as “Santa Cruz Derby Girls Day” and urging all citizens to celebrate this hard-working and dedicated league of women and men who bring the sport of roller derby to our City.




Proclaiming the month of September 2017 as “Childhood Cancer Awareness Month” and encouraging all citizens to join in honoring Jacob’s Heart Children’s Cancer Support Services for its 19 years of outstanding support to our community and acknowledging its contributions to Childhood Cancer Awareness Month, honoring children with cancer in our community.


Advisory Body Appointments


The following positions are vacant.  Council will make appointments at a future meeting.


County Integrated Waste Management Local Task Force

One (1) opening, for a citizen alternate

Measure K Oversight Committee

Four (4) openings, Councilmembers Brown, Watkins, Terrazas, and Krohn’s direct appointments


Public Hearing


If, in the future, you wish to challenge in court any of the matters on this agenda for which a public hearing is to be conducted, you may be limited to raising only those issues which you (or someone else) raised orally at the public hearing or in written correspondence received by the City at or before the hearing.


Any person seeking to challenge a City Council decision made as a result of a proceeding in which, by law, a hearing is required to be given, evidence is required to be taken, and the discretion in the determination of facts is vested in the City Council, shall be required to commence that action either 60 days or 90 days following the date on which the decision becomes final as provided in Code of Civil Procedure Section 1094.6  Please refer to code of Civil Procedure 1094.6 to determine how to calculate when a decision becomes “final.” The 60-day rule applies to all public hearings conducted pursuant to the City’s Zoning Ordinance, Title 24, Santa Cruz Municipal Code. The 90-day rule applies to all other public hearings.


City Council Agenda Legislative History Addendum


No information was submitted.


City staff is responsible for providing the City Clerk with such documentation and information for the Legislative History Addendum. The information will be on file in the City Clerk’s Department.


The Addendum is a listing of information specific to City Council business, but which does not appear on a Council meeting agenda.  Such entities would include, but not be limited to: Court decisions, Coastal Commission Appeals of City Council actions, Closed Session Agreements/Settlements, which are public record, Association of Monterey Bay Area Governments, Local Agency Formation Commission.