809 Center Street

Santa Cruz, California  95060




Regular Meeting

March 12, 2019

10:45 a.m.

Closed Litigation Session, Courtyard Conference Room

1:30 p.m.

Consent, General Business and Public Hearings, Council Chambers

7:00 p.m.

Oral Communications, Council Chambers

7:30 p.m.

General Business, 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


10:45 AM


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)



Claimant: Susan Tomley Shallenberger 


Claim against the City of Santa Cruz




Conference with Labor Negotiators (Government Code §54957.6)



SEIU Local 521

OE3 (Supervisors and Mid-Managers)

Fire Management Association

City Negotiator – Lisa Murphy




Conference with Legal Counsel – Anticipated Litigation (Government Code §54956.9(d)(2)



Significant exposure to litigation (2 potential cases).




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



Hatch-Pomerantz v. City et al.

Santa Cruz Superior Court Case No. 19CV00051



City Council


1:30 PM


Call to Order


Roll Call


Pledge of Allegiance


Introduction of New Employees





Luis Escobar 40-year Service Pin Recognition




Mayor's Proclamation Honoring Carol Scurich's Retirement




Small Business Development Center Activities and Mayor's Proclamation Honoring Teresa Thomae's Retirement


Presiding Officer's Announcements


Statements of Disqualification


Additions and Deletions


Oral Communications Announcement - Community members may address the Council about any matter not on the agenda during Oral Communications. Oral Communications will be held at the beginning of the evening session, which will occur on or about 7:00 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. 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 February 19, 2019 City Council Retreat (CC)



Motion to approve as submitted.




Minutes of the February 26, 2019  City Council Meeting (CC)



Motion to approve as submitted.




Funding for Tenant Legal Services (CN)



Motion to amend the FY 2019 Budget for budgetary appropriation of $15,000 for tenant legal services.




2019 Resolution Establishing the Security Deposit Interest Rate for Residential Rental Property (CM)



Resolution establishing the 2019 interest rate for residential security deposits at 0.01% and rescinding Resolution No. NS- 29,370.




Liability Claims Filed Against City of Santa Cruz (FN)



Motion to reject liability claim of a) Susan Tomley Shallenberger, based on staff recommendation.




Resolution Amending the City of Santa Cruz Personnel Complement and Classification and Compensation Plans for the Following Departments: Public Works, Finance and Parks and Recreation (HR)



Resolution amending the Classification and Compensation Plans and the FY 2019 Budget Personnel Complement by approving anticipated classification and position changes and eliminating obsolete classifications.








Consent Agenda (continued)



East Cliff & 3rd Avenue Storm Disaster Damage Repair (e401706) – Approval of Plans and Specifications, Authorization to Award, and Budget Adjustment  (PW)



Motion to approve the Plans and Specifications, and authorize the City Manager to execute the construction contract with Anderson Pacific Construction in the amount of $271,920 in a form acceptable to the City Attorney, and authorize the Director to execute change orders within the approved project budget. Resolution appropriating funds and amending the FY 2019 budget in the amount of $325,000 from Gas Tax and FEMA reimbursement to fully fund the project.




Monterey Bay Sanctuary Scenic Trail (Rail Trail) – Segment 7 (c401413) –Contract Amendment  No. 5  (PW)



Motion to approve Contract Amendment No. 5 with RRM Design Group for additional soil testing and management, and a GO-88-B permit closeout, and authorize the City Manager to execute the contract amendment in a form acceptable to the City Attorney.




Union Locust Building Improvements – Change Order No. 5 and Notice of Completion (WT)



Motion to ratify Change Order No. 5 with Cen-Con, Inc. (Santa Cruz, CA) for scope of work changes for the Union Locust Building Improvements Project.


Motion to accept the work of Cen-Con, Inc. (Santa Cruz, CA) as complete per the plans and specifications and authorizing the filing of a Notice of Completion for the Union Locust Building Improvements Project.




Water Street Water Main Replacement – Reject All Bids and Authorization to Re-Advertise for Bids and Award Contract (WT)



Motion rejecting all bids for the Water Street Water Main Replacement Project, and authorize staff to re-advertise for bids and award the contract in a form to be approved by the City Attorney.  The City Manager is hereby authorized and directed to execute the contract as authorized by Resolution No. NS-27,563.



End Consent Agenda


Public Hearing



1720 West Cliff Drive - CP18-0149 - APN: 010-072-78 - Appeal of the Planning Commission’s Approval of Coastal Permit, Design Permit and Heritage Tree Removal Permit to Remove a Hazardous Tree and Construct a New Single-family Dwelling on a Vacant Substandard Lot in the R-1-5/CZO/SPO/WCD Zone District (PL)



Motion to continue the 1720 West Cliff Drive appeal to the March 26, 2019 City Council meeting.





Student Delegation Send-off - Shingu, Japan


General Business



FY 2019 Mid-Year Review-Part III: Study Session on Capital Investment Program (CIP) (FN)



Receive information on City of Santa Cruz’s Capital Investment Program (CIP).




2018 General Plan and Housing Element Annual Progress Reports (PL)



Motion to accept the 2018 General Plan and Housing Element Annual Progress Reports and to submit the Reports to the California Office of Planning and Research and Department of Housing and Community Development.



General Business (continued)



Homeland Security Investigations (HSI) Raid on Seabright Neighborhood on February 15, 2019 (CN)



a) That the Council express dismay and denunciation concerning the overreaching approach and heavy-handed tactics used by the Federal Homeland Security Investigations (HSI) agency on February 15, 2019 on the 500 Block of Windsor Street; and,

b) Authorize the Mayor to send a letter to our Federal representatives—Rep. Panetta, Rep. Eschoo, Sen. Feinstein, Sen. Harris - expressing grave concerns with the oppressive approach used and requesting oversight as to the appropriateness of the operation; and,

c) Request that our Federal representatives working in coordination with those neighbors affected by the raid, the Santa Cruz Police Chief, Santa Cruz County Sheriff, ACLU representative, civil rights attorney, Santa Cruz Community Liaison, US Congressmember, US Attorney from San Francisco, and members of the Santa Cruz City Council and the Third District Supervisor, conduct a "Community Conversation," open to all members of the public.


Council Meeting Calendar



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


Recess - The City Council will recess to the 7:00 p.m. session.



City Council


7:00 PM


Call to Order


Roll Call


Oral Communications


General Business



Declaration of a Shelter Crisis, Transitional Encampment and Safe Parking Programs Ordinance and Listing of City-Owned Properties, Status of the Joint Plan for Emergency Shelter Provision and Encampment Management and Council Actions on Homelessness (CM/CA)



(1) Receive a report on implementation of the City/County Joint Action Plan for Emergency Shelter Provision and Encampment Management and other policy and action items related to homelessness, and take action as appropriate.


(2) Resolution declaring a Homeless Shelter Crisis in the City of Santa Cruz.


(3) Review and refer to the Planning Commission for consideration and recommendations an Ordinance adding Part 19 “Transitional Encampments and Safe Sleeping Programs” to Chapter 24.12 “Community Design” and adding Section 24.22.858.5 “Transitional Encampment” to Chapter 24.22 of the Santa Cruz Municipal Code.




Motion to adopt an Interim Urgency Ordinance adding Part 19 “Transitional Encampments and Safe Sleeping Programs” to Chapter 24.12 “Community Design” and adding Section 24.22.858.5 “Transitional Encampment” to Chapter 24.22 of the Santa Cruz Municipal Code, to be effective immediately.


(4) Receive a report on a comprehensive list of possible City-owned locations for transitional encampment and safe parking locations and program elements and process, and take action as appropriate.






None issued.







Proclaiming the month of February 2019 as “African-American History Month.”




Proclaiming March 14, 2019 as “Arbor Day” and encouraging all citizens to join in recognizing the important work and contributions of the Cabrillo College Horticulture Program and the City of Santa Cruz Parks and Recreation Department, and urging students and citizens to plant trees to offset climate change and enhance our local environment and natural world for our present and future generations.




Proclaiming March 14, 2019 as “Nancy Claire Trevethan Day” and encouraging all citizens to join in recognizing her for her commitment to Santa Cruz, her family, and her work to make this world a better place.


Advisory Body Appointments


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


No current vacancies


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.