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CITY OF SANTA CRUZ 809 Center Street Santa Cruz, California 95060 CITY COUNCIL AGENDA REVISED 3/24/14 Regular Meeting March 25, 2014 1:30 P.M. CLOSED LITIGATION SESSION, COURTYARD CONFERENCE ROOM 2:30 P.M. CONSENT, GENERAL BUSINESS AND PUBLIC HEARINGS, COUNCIL CHAMBERS Council will receive e-mail regarding items on the agenda during the meeting at firstname.lastname@example.org. 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 CityClerk@cityofsantacruz.com. The Cal-Relay system number: 1-800-735-2922. March 25, 2014 CITY COUNCIL AGENDA 2 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 A. Conference with Legal Counsel - Liability Claims (Government Code §54956.95) 1. Claimant: James Patenaude Claims Against City of Santa Cruz B. Conference with Legal Counsel - Existing Litigation (Government Code §54956.9) (2 cases to be discussed) 1. The New Santa Cruz Surf School, LLC v. City of Santa Cruz - Santa Cruz County Superior Court Case No. CV178403 2. Habitat & Watershed Caretakers v. City of Santa Cruz - US District Court Case No. H040762 C. Labor Negotiations (Government Code §54956.6) 1. Employee Organization - SEIU Temporary Employees Tina Shull - City Negotiator March 25, 2014 CITY COUNCIL AGENDA 3 City Council 2:30 PM Call to Order Roll Call Pledge of Allegiance Introduction of New Employees Presentation 1. Updates on the Draft 2014 Santa Cruz County Regional Transportation Plan. 2. 2011-13 Report from Commission for the Prevention of Violence Against Women (CPVAW) with spotlight on Safety Skill/Self Defense Program. 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. 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. March 25, 2014 CITY COUNCIL AGENDA 4 Consent Agenda 3. Minutes of the February 25, 2014 Joint City Council Meeting (CC) Motion to approve as submitted. 4. Minutes of the March 2, 2014 City Council and Department Head Retreat (CC) Motion to approve as submitted. 5. Minutes of the March 11, 2014 City Council Meeting (CC) Motion to approve as submitted. 6. Resolution Amending the City's Bail Schedule to Add New Fines for Ordinances Adopted by the City Council During 2013 (CA) Resolution amending the City of Santa Cruz's Bail Schedule and direct staff to forward the newly amended bail schedule to Santa Cruz County Superior Court. 7. 2013 Annual Report – UCSC/City/County/CLUE Comprehensive Settlement Agreement (CM) Motion to accept the 2013 Annual Report of the UCSC/City/County/CLUE Comprehensive Settlement Agreement implementation. 8. 5th Annual Festival del Nopal (Cactus Festival) Event in Santa Cruz – City Co-Sponsorship (CN) Motion to co-sponsor the 5th Annual Festival del Nopal (Cactus Festival) 2014 event to be held in Santa Cruz and provide a financial contribution to the event organizers in the amount $100 from the City Council special projects account to assist their event planning efforts. 9. Liability Claim Filed Against City of Santa Cruz (FN) Motion to reject liability claim of a) James Patenaude, based on staff recommendation. March 25, 2014 CITY COUNCIL AGENDA 5 Consent Agenda (continued) 10. Draft Five Year Update of the City’s Local Hazard Mitigation Plan (LHMP) (PW) Motion to adopt the Draft Five Year Update of the City’s Local Hazard Mitigation Plan (LHMP) in order to avoid a significant FEMA flood insurance increase being passed onto residents in Federal Emergency Management Agency (FEMA) designated Flood Zones. 11. Encroachment Permit for AT&T Wireless Overhead Fiber Optic Telecommunications Network at Mission Street Extension (PW) Resolution granting an encroachment permit for installation and maintenance of AT&T Wireless Overhead Fiber Optic Telecommunications Network mounted on existing utility poles at Mission Street Extension between Shaffer Road and 2611 Mission Street. 12. Spring 2014 Overlay Project - Western Drive and Laurel Street (PW) Motion to approve plans and specifications for the 2014 Overlay Projects (Western Drive and Laurel Street) and authorize staff to advertise for bids. The City Manager is hereby authorized and directed to execute the contract as authorized by Resolution No. NS-27,563. 13. Ratify Purchase Order Approval for the Emergency Ocean Street Sanitary Sewer Directional Drill Project (m409682) (PW) Motion to ratify the issuance of a purchase order to Monterey Peninsula Engineering (MPE) for the Emergency Ocean Street Sanitary Sewer Directional Drill Project in the amount of $119,416.00. End Consent Agenda March 25, 2014 CITY COUNCIL AGENDA 6 General Business 14. Crosswalk Request on Ocean Street at Jewell (PW) Motion to provide direction to staff. 15. REVISED: Local E-Cigarette Regulations (CN) Motion to introduce for publication an ordinance of the City of Santa Cruz amending section 6.04.040, 6.06.010, 6.06.020, 6.06.030, 6.074.010, 6.074.020, 6.07.030, 6.074.060 and 6.074.140 of the Santa Cruz Municipal Code pertaining to the regulation of e-cigarettes and tobacco and e-cigarette retailer, school, and high-risk alcohol outlet buffer zones. Updates made to this recommendation include revisions to section numbers 6.04.010, 6.04.020, 6.04.060, and 6.04.140 to read 6.07.010, 6.07.020, 6.07.060, and 6.07.140, and additional language at the end of paragraph. 16. Code Compliance Study Session (PL) Receive a presentation on Code Compliance program and receive public testimony. 17. Amended Report for CDBG and HOME Funding - Housing and Community Development Program Discussion for 2014–2015 Program Year (ED) Motion to amend draft CDBG budget for the 2014 – 2015 program year to include projected unutilized prior CDBG funding for designated project. Council Meeting Calendar 18. 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 19. 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 March 25, 2014 CITY COUNCIL AGENDA 7 Adjournment - The City Council will adjourn from the Regular Meeting of March 25, 2014 to the next Regular Meeting of April 8, 2014 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. March 25, 2014 CITY COUNCIL AGENDA 8 Advisory Body Appointments The following positions are vacant. Council will make appointments at a future meeting. Transportation and Public Works Commission One (1) vacancy 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. March 25, 2014 CITY COUNCIL AGENDA 9 ADDENDUM TO CITY COUNCIL AGENDA – MARCH 25, 2014 INFORMATION ITEMS PREVIOUSLY DISTRIBUTED TO CITY COUNCILMEMBERS (Copies available in the Central Branch Library at the Reference Desk) City Clerk Resignation of Michael Becker from the Transportation and Public Works Commission 3/13/14 (CC FYI 163) City Manager Online Bicycle Licensing 3/7/14 (CM FYI 195) City Manager (Special Events) Downtown Association Sidewalk Sales MARCH-NOVEMBER 2014 (typically last weekend starting Friday and ending Sunday of each month) 3/17/14 (CM FYI 194) Economic Development Venture Quest – Renewal of the Municipal Wharf License for the Business Located on the Municipal Wharf 3/11/14 (ED FYI 002) Public Works Department Revised City Mandatory Storm Water Best Management Practices for Development and Remodeling Projects 3/5/14 (PW FYI 0085) March 25, 2014 CITY COUNCIL AGENDA 10 ADDENDUM TO CITY COUNCIL AGENDA – MARCH 25, 2014 MAYOR’S PROCLAMATIONS 1. Proclaiming Wednesday, March 12, 2014 as “Maria Luisa Estrada Terrazas Day” and urging all residents to join in wishing her a Happy 101st Birthday and asking that everyone share the love of community and family and respect for this place we call home and celebrate this day with close friends and family. 2. Proclaiming Wednesday, March 12, 2014 as “Autumn and Simone Bushard Hunger Fighters of the Year Day” and encouraging all citizens to join in honoring them as an inspiring example of individuals whose efforts are supporting the Second Harvest Food Bank’s mission, “to educate and involve individuals to end hunger and alleviate malnutrition in our communities,” and expressing heartfelt appreciation for their contributions on behalf of all those in need. 3. Proclaiming Wednesday, March 12, 2014 as “AR and Fred Pointer Hunger Fighters of the Year Day” and encouraging all citizens to join in honoring them as an inspiring example of individuals whose efforts are supporting the Second Harvest Food Bank’s mission, “to educate and involve individuals to end hunger and alleviate malnutrition in our communities,” and expressing heartfelt appreciation for their contributions on behalf of all those in need. 4. Proclaiming the year 2014 as the year to go solar in Santa Cruz. 5. Proclaiming March 14, 2014 as “Firefighter/Paramedic Clayton Ogden Day” and encouraging all citizens to join in expressing heartfelt appreciation for his contributions to protect the community. 6. Proclaiming March 14, 2014 as “Officer Eileen Fincutter Day” and encouraging all citizens to join in expressing heartfelt appreciation for her contributions to protect the community. 7. Proclaiming March 8, 2014 as “Wynton Marsalis Day” and encouraging all citizens to join in expressing heartfelt appreciation for his contributions to the music world and ensuring that jazz music continues to thrive. 8. Proclaiming March 23, 2014 as “Marsha Wallace – Dining for Women Day” and encouraging all citizens to join in expressing heartfelt appreciation for her efforts to change the world one dinner at a time. 9. Proclaiming Wednesday, March 19, 2014 as “Patrice Edwards Day” and encouraging all citizens to join in congratulating her as the recipient of the 2014 Al Smith Friend of Agriculture Award for her contributions to local agriculture.
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