809 Center Street

Santa Cruz, California  95060




Regular Meeting

October 27, 2015

UPDATED October 23, 2015

1:30 p.m.

Closed Litigation Session, Courtyard Conference Room

2:30 p.m.

Consent, General Business and Public Hearings, Council Chambers

7:00 p.m.

General Business, Public Hearings and Matters of Public Interest, Council Chambers


Council will receive e-mail regarding items on the agenda during the meeting at


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:


·         Oral staff report

·         Public comment - 3 minutes each; maximum total time may be established by the Presiding Officer at the beginning of the item

·         Council/Agency 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 Labor Negotiators – (Government Code §54957.6)



City Negotiators: Lisa Murphy, Marcus Pimentel, and Tim Davis

Employee Organizations – Bargaining Units: 1) Police Officers’ Association




Conference with Real Property Negotiators - (Government Code §54956.8)



Property: 100 Laurel Street (APN 005-152-13) (City-owned parcel)

Agency negotiator: Bonnie Lipscomb

Negotiating parties: Potential purchasers

Under negotiation: Potential disposition of City-owned parcel (Price, terms of purchase or both)




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



Significant exposure to litigation pursuant to Section 54956.9)d)(2)

(2 potential cases to be discussed)




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



Name of Case:  Save our Big Trees v. City of Santa Cruz, et al. (Sixth Civil No. H041136)



City Council


2:30 PM


Call to Order


Roll Call


Pledge of Allegiance


Introduction of New Employees





Mayoral Proclamation Recognizing November 13, 2015 as World Pancreatic Cancer Awareness Day




City Receipt of Three League of California Cities Beacon Spotlight Awards for Sustainability




Mayoral Proclamation and Presentation of Water Supply Advisory Committee (WSAC) Agreements and Recommendations Final Report


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



Consent Agenda



Minutes of the October 13, 2015 City Council Meeting (CC)



Motion to approve as submitted.




2016 City Council Regular Meeting Schedule (CC)



Resolution setting the regular meeting schedule for the calendar year 2016, and canceling the two regular City Council meetings on July 12 and 26, and the regular meeting of December 27.




City’s Classification and Compensation Plans and the FY16 Budget Personnel Complement – Finance and Public Works Departments (HR)



Resolution amending the Classification and Compensation Plans and the FY16 Budget Personnel Complement by adding a new Accounting Technician classification and one full-time position; deleting one full-time Accounting Assistant I position, reducing one full-time Accountant II position to a full-time Accountant I position, reducing the Temporary Positions budget and changing the job title for the classification of Wastewater Mains Mechanical Technician II.




Santa Cruz Police Officers’ Association Employee Association Memorandum of Understanding (HR)



Resolution adopting a Tentative Agreement with Santa Cruz Police Officers Association.




Amendment to Historic Preservation Commission Bylaws to Change Meeting time to 7:00 p.m. (PL)



Resolution amending the Bylaws of the Historic Preservation Commission to hold its regular meetings beginning at 7:00 pm., rather than 7:30 as now specified.




Wastewater Treatment Facility SHC Tank Replacement Project (m409659) – Authorization to Advertise (PW)



Motion to approve the plans and specifications for the Wastewater Treatment Facility Sodium Hypochlorite (SHC) Tank Replacement Project (m409659) and authorize staff to advertise for bids. The City Manager is hereby authorized and directed to execute the agreement in a form acceptable to the City Attorney as authorized by Resolution NS-27,563.



Consent Agenda (continued)



Encroachment Permit for 2801 Mission Street (APN 003-021-06) (PW)



Resolution granting an encroachment permit to University Business Park for the installation and maintenance of conduit containing electrical cable in the public right-of-way adjacent to 2801 Mission Street (APN 003-021-06).




Resource Recovery Facility Cell 3A Development Project (c400046) – Advertise for Bids and Award Contract (PW)



Motion to approve the plans and specifications for the Resource Recovery Facility Cell 3A Development Project (c400046) and authorize staff to advertise for bids. The City Manager is hereby authorized and directed to execute the contract in a form approved by the City Attorney and as authorized by Resolution No. NS-27,563.




Citywide Traffic Signal Improvements Project (c401514) – Budget Adjustment (PW)



Resolution amending the FY 2016 budget and appropriating new funds in the amount of $120,031 from a federal Highway Safety Improvement Program grant to fully fund the Citywide Traffic Signal Improvements Project (c401514).




Drought Cost Recovery Fee Following a Council-Declared Drought Declaration (WT)



Resolution modifying and clarifying the language for the Drought Cost Recovery Fee.



End Consent Agenda




Public Hearings



Appeal of Denial of Pedi-Cab Permit Application (PD)



Continue item to the November 24, 2015 City Council meeting.


General Business



City Arts FY15 Annual Report and FY16 Work Plan (ED)



Motion to accept the Fiscal Year 2015 Annual Report and approve the Fiscal Year 2016 Work Plan.




Community Outreach – Establishing a City Hall/Neighborhood Connection Program (CN)



Motion to establish a community outreach program to bring City officials to our City neighborhoods for information exchange and partnership building, on approximately a quarterly basis, and authorize staff assistance to support the program, with an expected launch date in January 2016.




Appeal by Operators of Bailey Vacation Rentals of Finance Director’s Administrative Hearing Determinations Regarding Unpaid Transient Occupancy Taxes (TOT), Penalties, and Interest Totaling $8,029.18 (FN)



Resolution to deny the appeal of William V. Bailey and Linda M. Bailey, dba Bailey Vacation Rentals, regarding the Finance Director’s administrative hearing determination that the appellants owe the City for transient occupancy taxes (TOT), penalties, and interest in the total amount of $8,029.18 for Bailey Vacation Rentals (121 Alhambra Avenue, Santa Cruz) for the calendar year ended December 31, 2012.




General Business (continued)


The following Agenda Item 18 was updated as follows to revise the title and recommendation to be consistent with its staff report attached to this agenda packet:



Emergency Winter Shelter and Homeless Services Center FY 2016 Funding - Budget Adjustment (CM)



(1)  Motion to provide staff direction on the FY 2016 community programs contracts for the Homeless Services Center Day Essential Services and Paul Lee Loft programs.


(2)  Resolution appropriating funds and amending the FY 2016 budget in the amount of $31,378 from the General Fund to provide additional funding for the Emergency Winter Shelter to continue operations for a 122-day shelter this winter.


(3)  Consider a funding request from the Homeless Services Center for $50,000 to assist with the funding shortfall for the Paul Lee Loft, and provide staff direction.


Council Meeting Calendar



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


Council Memberships in City Groups and Outside Agencies



The Presiding Officer will provide councilmembers with the opportunity to update Council and the public regarding city groups and outside agencies.


City Attorney Report on Closed Session


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



City Council


7:00 PM


Call to Order


Roll Call


General Business



Beach Flats Garden – Permanent Site (CN)



Motion directing the Mayor to write a letter requesting a lease renewal for the Beach Flats Garden property while the City of Santa Cruz, the community and the property owner work towards a long-term solution, and by doing so establish a commitment on the part of the City for a permanent community garden in the Beach Flats Neighborhood.


Motion directing staff to: (1) negotiate with the goal of acquisition of the current Beach Flats Garden property to allow it to continue permanently as a community garden operated by the City; (2) consider a variety of purchase options and funding sources to include the City’s Public Trust Fund, Community Development Block Grant Funds, State and Federal Park Funds and private funding; and, (3) report back to the City Council on progress in six months.


Adjournment - The City Council will adjourn from the Regular Meeting of October 27, 2015 to the next Special Meeting of November 3, 2015 for a Study Session in the Council Chambers after the hour of 7:00 p.m., then to the next Regular Meeting of November 10, 2015 for a Closed Session after the hour of 1:30 p.m. in the Courtyard Conference Room, followed by open sessions at the approximate hours of 2:30 p.m. and 7:00 p.m. in the Council Chambers.


Advisory Body Appointments


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


County Latino Affairs Commission

One (1) opening

Measure K Oversight Committee

Three (3) openings, Councilmember Chase’s, Comstock’s, and Noroyan’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.




(Copies available in the Central Branch Library at the Reference Desk)




Finance Department                              Green Purchasing of Janitorial Supplies

                                                          10/14/15 (FN FYI 259)






1.    Proclaiming October 13, 2015 as “Branciforte School Centennial Day.”


2.    Proclaiming October 9, 2015 as “Geoffrey Dunn Day” and urging all Santa Cruz residents to join in congratulating him on his many achievements and encouraging City residents to continue to read his books and articles, participate in his classes, watch his films, and view his presentations and exhibits in the years ahead.


3.    Proclaiming October 15, 2015 as “Cruzin’ Courses Day” and encouraging all citizens to join in celebrating its 10th Anniversary and expressing heartfelt appreciation to Cathy Schlumbrecht for its founding that has benefitted numerous women and the Santa Cruz community.


4.    Proclaiming the week of October 18–24, 2015 as “Freedom from Workplace Bullies Week” and encouraging all citizens to join in commending the California Healthy Workplace Advocates and the Workplace Bullying Institute, which raise awareness of the impacts of, and solutions for, workplace bullying in the United States and in encouraging all citizens to recognize this special observance.


5.    Proclaiming Monday, October 19, 2015 as “Oroweat/Bimbo Bakeries USA Day” and encouraging all citizens to join in congratulating Oroweat/Bimbo Bakeries USA for being named the Food Industry Donor of the Year for Santa Cruz County by Second Harvest Food Bank and expressing heartfelt appreciation for its efforts that benefit the Second Harvest Food Bank and its network of member agencies.