City of Santa Cruz
809 Center Street
Santa Cruz, California 95060
MINUTES OF A CITY COUNCIL MEETING
March 22, 2022
10:30 AM
Mayor Brunner opened the City Council Closed Session at 10:32 a.m. in a public meeting via Zoom, for the purpose of announcing the agenda, and receiving public testimony.
Roll Call
Present: Councilmembers Kalantari-Johnson (via Zoom), Cummings (via Zoom), Brown (arrived at 10:38 a.m. via Zoom), Meyers (via Zoom); Vice Mayor Watkins (via Zoom); Mayor Brunner (via Zoom).
Absent: Councilmember Golder.
Staff: City Manager M. Huffaker (via Zoom), Assistant City Manager L. Schmidt (via Zoom), City Attorney T. Condotti (via Zoom), Human Resources Director L. Murphy (via Zoom), Interim Finance Director B. Magee (via Zoom), Deputy City Clerk Administrator J. Wood, City Clerk Administrator B. Bush (via Zoom).
Public Comment
Mayor Brunner opened the public comment period at 10:34 a.m. There were no speakers. Mayor Brunner closed the public comment period at 10:35 a.m.
Closed Session
1. Conference With Legal Counsel – Liability Claims (Government Code §54956.95) 1) Claimant: Neil Bernardi-Wright
2) Claimant: Armand Joseph Tiano
Claims against the City of Santa Cruz
March 22, 2022 CITY COUNCIL MINUTES 6000
Closed Session (continued)
2. Conference with Labor Negotiators (Government Code §54957.6) SEIU Temporary Employees
SEIU Service Employees
Mid Managers, OE3
Supervisors, OE3
Fire Management
Fire, IAFF
Police Management
Police Officers Association
Executives
City Negotiator - Lisa Murphy
At this time, the meeting was closed to the public. (See page 6002 for a report on Closed Session.)
March 22, 2022 CITY COUNCIL MINUTES 6001
City of Santa Cruz
809 Center Street
Santa Cruz, California 95060
MINUTES OF A CITY COUNCIL MEETING
March 22, 2022
12:00 PM
Call to Order – Mayor Brunner called the meeting to order at 12:02 p.m. via Zoom.
Roll Call
Present: Councilmembers Kalantari-Johnson (via Zoom), Golder (arrived at 4:17 p.m. via Zoom), Cummings (via Zoom), Brown (via Zoom), Meyers (via Zoom); Vice Mayor Watkins (via Zoom); Mayor Brunner (via Zoom).
Absent: None.
Staff: City Manager M. Huffaker (via Zoom), Assistant City Manager L. Schmidt (via Zoom), City Attorney T. Condotti (via Zoom), Director of Public Works M. Dettle (via Zoom), Interim Chief of Police B. Escalante (via Zoom), Director of Planning and Community Development L. Butler (via Zoom), Interim Director of Finance B. Magee (via Zoom), Director of Economic Development B. Lipscomb (via Zoom), Director of Information Technology K. Morgan (via Zoom), Human Resources Director L. Murphy (via Zoom), Interim Fire Chief R. Oatey (via Zoom), Director of Parks and Recreation T. Elliot (via Zoom), Principal Management Analyst T. Lake (via Zoom), Senior Planner S. Neuse (via Zoom), Principal Planner M.
VanHua (via Zoom), Housing and Community Development Manager J. de Wit (via Zoom), Deputy City Clerk Administrator J. Wood, City Clerk Administrator B. Bush (via Zoom).
Presentations
3. Mayoral Proclamation Declaring March 2022 as Red Cross Month Mayor Brunner read a proclamation declaring March, 2022 as Red Cross Month.
American Red Cross Board members Anita Clerisse and Dan Ripke spoke.
4. Library Mixed-Use Project Update
Director of Economic Development B. Lipscomb provided an update on the Library Mixed-Use Project.
March 22, 2022 CITY COUNCIL MINUTES 6002
Presentations (continued)
5. Mayoral Proclamation Declaring March 22, 2022 as Jane Mio Day Mayor Brunner read from a proclamation declaring March 22, 2022 as Jane Mio Day. Jane Mio spoke.
Presiding Officer's Announcements
Statements of Disqualification – None.
Additions and Deletions – None.
City Attorney Report on Closed Session
Conference With Legal Counsel – Liability Claims (Government Code §54956.95) 1) Claimant: Neil Bernardi-Wright
2) Claimant: Armand Joseph Tiano
Claims against the City of Santa Cruz
Council received a status report, took up under agenda item 18, and no reportable action was taken.
Conference with Labor Negotiators (Government Code §54957.6) SEIU Temporary Employees
SEIU Service Employees
Mid Managers, OE3
Supervisors, OE3
Fire Management
Fire, IAFF
Police Management
Police Officers Association
Executives
City Negotiator - Lisa Murphy
Council received a status report from the City Negotiator, and took no reportable action.
March 22, 2022 CITY COUNCIL MINUTES 6003
Council Meeting Calendar
6. The City Council reviewed and did not revise the meeting calendar attached to the agenda.
Council Memberships in City Groups and Outside Agencies
7. The Presiding Officer provided Councilmembers with the opportunity to update Council on any external committee meetings that occurred since the last Council meeting
Councilmember Brown: Santa Cruz County Regional Transportation Commission (RTC), Monterey Bay Air Resources District.
Councilmember Meyers: Santa Cruz Metropolitan Transit District Board (METRO), Santa Cruz Mid-County Groundwater Agency, Cowell Working Group.
Councilmember Cummings: Local Agency Formation Commission (LAFCO).
Councilmember Kalantari-Johnson: Santa Cruz Metropolitan Transit District Board (METRO), Santa Cruz City Schools Committee, Community Action Board.
Vice Mayor Watkins: Santa Cruz City Schools Committee, Santa Cruz Community Farmers’ Market, Housing for Health Partnership.
Mayor Brunner: Ad Hoc Budget and Revenue Committee, Homelessness 2x2 Committee.
Consent Agenda
Councilmember Cummings pulled item 12 for further discussion.
Councilmembers Cummings and Brown made a comment on item 15.
Vice Mayor Watkins and Councilmember Cummings made a comment on item 16.
Councilmember Cummings made a comment on item 19.
Mayor Brunner opened the public comment period. The following people spoke via teleconference:
Sibley Simon spoke regarding item 20.
Unidentified person spoke regarding item 15.
March 22, 2022 CITY COUNCIL MINUTES 6004
Consent Agenda (continued)
Unidentified person spoke regarding item 14.
Mayor Brunner closed the public comment period.
MOTION: Councilmember Meyers moved, seconded by Councilmember Brown, to approve the remaining Consent Agenda.
ACTION: The motion carried with the following vote.
AYES: Councilmembers Kalantari-Johnson, Cummings, Brown, Meyers (with the exception of item 15); Vice Mayor Watkins; Mayor Brunner.
NOES: Councilmember Meyers (item 15).
ABSENT: Councilmember Golder.
DISQUALIFIED: None.
8. Resolution Extending the Emergency Declaration in Connection with the CZU August Lightning Complex Fire by Sixty (60) Days (CA)
Resolution No. NS-29,940 was adopted extending by sixty days the Local Emergency Declaration in connection with the CZU August Lightning Complex Fire.
9. Resolution Extending the Emergency Declaration in Connection with COVID-19 Pandemic by Sixty (60) Days (CA)
Resolution No. NS-29,941 was adopted extending by sixty days the Declaration of Emergency in connection with the COVID-19 pandemic.
10. Resolution Authorizing the City to Continue Teleconferenced Public Meetings Pursuant to Assembly Bill 361 (CA)
Resolution No. NS-29,942 was adopted authorizing legislative bodies of the City of Santa Cruz to continue the use of teleconferenced meetings pursuant to Assembly Bill 361.
11. Resolution Amending the FY 2022 Budget to Prepare for the Cost of the June 2022 Statewide Primary Election (CC)
Resolution No. NS-29,943 was adopted amending the FY 2022 budget to appropriate funds to cover the cost of the election to be held on June 7, 2022.
March 22, 2022 CITY COUNCIL MINUTES 6005
Consent Agenda (continued)
12. Minutes of the March 8, 2022 City Council Meeting (CC) City Clerk Administrator B. Bush responded to Councilmember questions.
Mayor Brunner opened the public comment period. There were no speakers.
Mayor Brunner closed the public comment period.
MOTION: Councilmember Meyers moved, seconded by Councilmember Brown, to approve as submitted.
ACTION: The motion carried with the following vote.
AYES: Councilmembers Kalantari-Johnson, Cummings, Brown, Meyers; Vice Mayor Watkins; Mayor Brunner.
NOES: None.
ABSENT: Councilmember Golder.
DISQUALIFIED: None.
13. U.S. Department of State U.S. Mission Italy, Public Diplomacy Section, Public Diplomacy Grants Program - Grant Acceptance, Authorization, and Appropriation (CM)
Resolution No. NS-29,944 was adopted authorizing the City Manager to apply for, accept, and appropriate funds from the U.S. Department of State U.S.
Mission Italy, Public Diplomacy Section, Public Diplomacy Grants Program to complete a year-long academic and cultural Sister Cities exchange program with Sestri Levante, Italy to focus on art, climate change, and tourism.
14. Urban Sustainability Directors Network Emergent Learning Fund Proposal - Grant Acceptance, Authorization, and Appropriation (CM) Resolution No. NS-29,945 was adopted authorizing the City Manager to apply for, accept, and appropriate funds from the Urban Sustainability Directors Network Emergent Learning Fund to complete a six-month collaborative regional project entitled Centering Justice: Monterey Bay Climate Response.
March 22, 2022 CITY COUNCIL MINUTES 6006
Consent Agenda (continued)
15. A Resolution of Support for Workers at Starbucks in Santa Cruz (CN) Motion carried to:
Adopt Resolution No. NS-29,946 expressing the Santa Cruz City Council’s support for workers at Starbucks in Santa Cruz who are attempting to form a union, and urging Starbucks to accept card check neutrality or allow these workers to hold a free and fair election so they can vote to form a union. Authorize the Mayor to send a letter on behalf of the City Council to the Starbucks Chief Executive Officer in support of the rights of Starbucks workers to form a union.
16. AB 1690 (Rivas) Smoking Waste Pollution Prevention Act (CN) Motion carried to direct the Mayor to send a letter of support urging State Legislators to pass AB 1690, the California Smoking Waste Pollution Prevention Act.
17. City Art of Recovery Design (CARD) Pilot Grant Program Dancing Waters Project (ED)
Motion carried to approve funding the City Art of Recovery Design (CARD) Pilot Grant Project Dancing Waters in the amount of $117,120 from the Water Percent for Art Fund and authorize the City Manager to execute a Sponsorship Agreement for the project, in a form approved by the City Attorney.
18. Liability Claims Filed Against the City of Santa Cruz (FN) Motion carried to reject the liability claims of a) Neil Bernardi-Wright, and b) Armand Joseph Tiano, based on staff recommendation.
19. Establishing Juneteenth as a Citywide Holiday (HR)
Resolution No. NS-29,947 was adopted declaring Juneteenth (June 19) a holiday for all City employees in the City of Santa Cruz.
March 22, 2022 CITY COUNCIL MINUTES 6007
Consent Agenda (continued)
20. Encroachment Permit – Accessibility Improvements for 261 Evergreen Street (APN 001-101-06) (PW)
Resolution No. NS-29,948 was adopted granting an encroachment permit to Sibley Simon for construction and maintenance of ADA accessible parking, hardscape paths, and curb ramp adjacent to 261 Evergreen Street (APN 001- 101-06).
21. Rising Prices for City Vehicle and Equipment Tires and Fuel – Budget Adjustment (PW)
Resolution No. NS-29,949 was adopted amending the FY 2022 budget to appropriate funds in the amount of $365,000 to fund rising fuel expenses and tire purchases.
22. Resource Recovery Facility Household Hazardous Waste Collection Facility Upgrade (c402202) – Advertise for Bids and Award Contract (PW) Motion carried to approve the plans and specifications for the Resource Recovery Facility Household Hazardous Waste Collection Facility Upgrade (c402202) and authorize staff to advertise for bids and award the contract. The City Manager is hereby authorized and directed to execute the contract, in a form approved by the City Attorney. The Public Works Director is authorized to execute change orders within the approved budget.
23. Library Lane Sewer Improvement Project (c402206) – Notice of Completion (PW)
Motion carried to accept the work of Precision Grade, Inc. (San Juan Bautista, CA) and authorize the filling of the Notice of Completion for the Library Lane Sewer Improvement Project (c402206).
March 22, 2022 CITY COUNCIL MINUTES 6008
Consent Agenda (continued)
24. 3rd Quarter FY 2022 Water Department Capital Investment Program Transfer – Budget Adjustment (WT)
Resolution No. NS-29,950 was adopted amending the FY 2022 budget and transferring budget appropriations within the Water Department Capital Investment Program (CIP) to update various project budgets with current cost forecasts.
End Consent Agenda
Public Hearings
25. 2022-2023 U.S. Department of Housing and Urban Development (HUD) Action Plan (ED)
Principal Management Analyst T. Lake gave a presentation and responded to Councilmember questions.
Mayor Brunner opened the public comment period. There were no speakers.
Mayor Brunner closed the public comment period.
MOTION: Councilmember Meyers moved, seconded by Councilmember Cummings, to make initial funding awards for the 2022-2023 U.S. Department of Housing and Urban Development (HUD) Annual Action Plan for both Community Development Block Grant (CDBG) and Home Investment Partnerships Program (HOME).
ACTION: The motion carried with the following vote.
AYES: Councilmembers Kalantari-Johnson, Cummings, Brown, Meyers; Vice Mayor Watkins; Mayor Brunner (with the
exception of the application for the Natural Bridges single room occupancy project).
NOES: None.
ABSENT: Councilmember Golder.
DISQUALIFIED: Mayor Brunner, regarding the application for the Natural Bridges single room occupancy project.
March 22, 2022 CITY COUNCIL MINUTES 6009
Public Hearings (continued)
26. 2nd Reading and Final Adoption of Ordinance No. 2022-02 Small Housing Units General Plan, Downtown Plan, Local Coastal Plan, and Zoning Ordinance Updates – Single Room Occupancy, Small Ownership Units, and a New Use Called Flexible Density Units (PL)
Senior Planner S. Neuse gave a presentation and responded to Councilmember questions.
Director of Planning and Community Development L. Butler responded to Councilmember questions.
Mayor Brunner opened the public comment period. The following people spoke.
SPEAKING VIA TELECONFERENCE:
Lira Filippini, Santa Cruz Tomorrow
Rafa Sonnenfeld
Kyle Kelley
Jonah Paten
Unidentified person
Unidentified person
Unidentified person
Candace
Ed Porter
Zennon Ulyate-Crow
Patrick Cady
Unidentified person
Mayor Brunner closed the public comment period.
MOTION: Councilmember Cummings moved, seconded by Councilmember Brown, to table this item to further explore increasing inclusionary deed restricted affordability in these units and until there is clarity on the objective standards, revised corridors plan, and a better understanding of the impacts of the new housing legislation related to density bonus and other housing production measures that will impact neighborhoods and the community.
March 22, 2022 CITY COUNCIL MINUTES 6010
Public Hearings (continued)
26. 2nd Reading and Final Adoption of Ordinance No. 2022-02 Small Housing Units General Plan, Downtown Plan, Local Coastal Plan, and Zoning Ordinance Updates – Single Room Occupancy, Small Ownership Units, and a New Use Called Flexible Density Units (PL) (continued)
ACTION: The motion failed with the following vote.
AYES: Councilmembers Cummings, Brown.
NOES: Councilmembers Kalantari-Johnson, Meyers; Vice Mayor Watkins; Mayor Brunner.
ABSENT: Councilmember Golder.
DISQUALIFIED: None.
MOTION: Councilmember Brown moved, seconded by Councilmember Cummings, to direct staff to return to Council at the earliest possible meeting with:
An introduction and first reading of an amendment of Ordinance No. 2022- 02 Title 24 of the Municipal Code regulating small housing units including replacing Small Ownership Units with Flexible Density Units and making minor clarifying amendments to the Single Room Occupancy regulations, with the following revision: increase the inclusionary requirement from 20% to 25% deed restricted affordable units, with the additional 5% dedicated to very low-or extremely low-income units;
An amended resolution authorizing and directing the City Manager to submit Ordinance No. 2022-02 and changes to the Downtown Plan as Local Coastal Implementation Plan Amendments to the California Coastal Commission for final certification, with the increased inclusionary percentages for Flexible Density Units (FDU); and
Any requisite changes to the City's inclusionary ordinance to reflect the percentage increase for the newly established Flexible Density Units housing type.
MOTION: Councilmember Meyers moved, seconded by Councilmember Kalantari-Johnson, to call the question.
March 22, 2022 CITY COUNCIL MINUTES 6011
Public Hearings (continued)
26. 2nd Reading and Final Adoption of Ordinance No. 2022-02 Small Housing Units General Plan, Downtown Plan, Local Coastal Plan, and Zoning Ordinance Updates – Single Room Occupancy, Small Ownership Units, and a New Use Called Flexible Density Units (PL) (continued)
ACTION: The motion to call the question carried with the following vote.
AYES: Councilmembers Kalantari-Johnson, Meyers; Vice Mayor Watkins; Mayor Brunner.
NOES: Councilmembers Cummings, Brown.
ABSENT: Councilmember Golder.
DISQUALIFIED: None.
ACTION: Councilmember Brown’s motion failed with the following vote.
AYES: Councilmembers Cummings, Brown.
NOES: Councilmembers Kalantari-Johnson, Meyers; Vice Mayor Watkins; Mayor Brunner.
ABSENT: Councilmember Golder.
DISQUALIFIED: None.
MOTION: Councilmember Meyers moved, seconded by Councilmember Kalantari-Johnson, to:
Adopt Ordinance No. 2022-02 amending Title 24 of the Municipal Code regulating small housing units including replacing Small Ownership Units with Flexible Density Units and making minor clarifying amendments to the Single Room Occupancy regulations.
Adopt Resolution No. NS-29,951 authorizing and directing the City Manager to submit Ordinance No. 2022-02 and changes to the Downtown Plan as Local Coastal Implementation Plan Amendments to the California Coastal Commission for final certification.
ACTION: The motion carried with the following vote.
AYES: Councilmembers Kalantari-Johnson, Meyers; Vice Mayor Watkins; Mayor Brunner.
NOES: Councilmembers Cummings, Brown.
ABSENT: Councilmember Golder.
DISQUALIFIED: None.
March 22, 2022 CITY COUNCIL MINUTES 6012
Public Hearings (continued)
27. Municipal Code Amendments Relating to Small Cell Wireless Telecommunications Facilities Responding to Modifications Requested by the California Coastal Commission (PL)
MOTION: Councilmember Watkins moved, seconded by Councilmember Kalantari-Johnson, to continue this item to the meeting of April 12, 2022.
ACTION: The motion carried with the following vote.
AYES: Councilmembers Kalantari-Johnson, Cummings, Brown, Meyers; Vice Mayor Watkins; Mayor Brunner.
NOES: None.
ABSENT: Councilmember Golder.
DISQUALIFIED: None.
28. Review and Accept the Final Parks and Recreation Department FY 2021 Annual Report (PR)
MOTION: Councilmember Watkins moved, seconded by Councilmember Kalantari-Johnson, to continue this item to the meeting of April 12, 2022.
ACTION: The motion carried with the following vote.
AYES: Councilmembers Kalantari-Johnson, Cummings, Brown, Meyers; Vice Mayor Watkins; Mayor Brunner.
NOES: None.
ABSENT: Councilmember Golder.
DISQUALIFIED: None.
March 22, 2022 CITY COUNCIL MINUTES 6013
General Business (continued)
29. Expiration of Statewide Evictions Moratorium – Additional Legal Aid and Support for Tenants Affected by COVID-19 (CM/CA)
City Attorney T. Condotti spoke and responded to Councilmember questions.
Housing and Community Development Manager J. de Wit responded to Councilmember questions.
Mayor Brunner opened the public comment period. The following people spoke.
SPEAKING VIA TELECONFERENCE:
Barbara Meisler, COPA
Elizabeth, COPA
Raymon Cancino
Unidentified person
Tonje Wold-Switzer
Mayor Brunner closed the public comment period.
MOTION: Councilmember Meyers moved, seconded by Councilmember Cummings, to:
Direct the City Manager to engage in a regional eviction protection effort with the County and other jurisdictions regarding preventing people from being evicted and bring back to Council monetary contribution on those efforts.
Request an update from State legislatures as soon as possible on efforts related to March 31st deadline.
FRIENDLY AMENDMENT: Councilmember Cummings requested to add direction for the Mayor to write a letter to Assemblymember Stone, Senator Laird, and Governor Newsom expressing the need to extend the COVID-19 eviction protection for individuals who have applied for state rental assistance and urge them to do what is within their power to urge the State Assembly and Senate to take this up as an emergency item during session to extend the eviction protections until the applications have been completed and funds have been distributed. Councilmember Meyers accepted.
March 22, 2022 CITY COUNCIL MINUTES 6014
General Business (continued)
29. Expiration of Statewide Evictions Moratorium – Additional Legal Aid and Support for Tenants Affected by COVID-19 (CM/CA) (continued) ACTION: The motion carried with the following vote.
AYES: Councilmembers Kalantari-Johnson, Golder, Cummings, Meyers; Vice Mayor Watkins; Mayor Brunner.
NOES: None.
ABSENT: Councilmember Brown.
DISQUALIFIED: None.
MOTION: Councilmember Cummings moved, seconded by Councilmember Brown, to direct staff to bring back an emergency ordinance to provide eviction protections for individuals who have applied for COVID-19 rental assistance and have not yet received their assistance on or before the first meeting in April that would be retroactive to April 1, 2022 and bring back an item to determine whether an extension or sunset is necessary at the first meeting in August and change the eviction notice period from 3 days to 15 days to allow more time for tenants who have submitted applications for COVID-19 rental assistance to learn their options and reduce mental stress.
ACTION: The motion failed with the following vote.
AYES: Councilmembers Cummings, Brown.
NOES: Councilmembers Kalantari-Johnson, Golder, Meyers; Vice Mayor Watkins; Mayor Brunner.
ABSENT: None.
DISQUALIFIED: None.
Councilmember Kalantari-Johnson stated for the record her no vote is due to the legal constraints that Council heard from the City Attorney.
MOTION: Councilmember Cummings moved, seconded by Councilmember Brown, to direct the Mayor to write a letter to the presiding judge of the County Courts to promote and recommend mediation services prior to submitting an Unlawful Detainer (UD) with the goal of resolving disputes and avoiding evictions.
March 22, 2022 CITY COUNCIL MINUTES 6015
General Business (continued)
29. Expiration of Statewide Evictions Moratorium – Additional Legal Aid and Support for Tenants Affected by COVID-19 (CM/CA) (continued) ACTION: The motion carried unanimously with the following vote.
AYES: Councilmembers Kalantari-Johnson, Golder, Cummings, Brown, Meyers; Vice Mayor Watkins; Mayor Brunner.
NOES: None.
ABSENT: None.
DISQUALIFIED: None.
Closed Session
30. Conference with Legal Counsel - Existing Litigation (Government Code §54956.9(d)(1))
Don’t Morph the Wharf! v. City of Santa Cruz et al.
(Santa Cruz County Superior Court Case No. 20CV02731)
Recess - The City Council recessed at 5:38 p.m. to the 6:30 p.m. session.
March 22, 2022 CITY COUNCIL MINUTES 6016
City Council
6:30 PM
Call to Order – Mayor Brunner called the meeting to order at 6:32 p.m. via Zoom.
Roll Call
Present: Councilmembers Kalantari-Johnson (via Zoom), Golder (arrived at 6:38 p.m. via Zoom), Cummings (via Zoom), Brown (via Zoom), Meyers (via Zoom); Vice Mayor Watkins (via Zoom); Mayor Brunner (via Zoom).
Absent: None.
Staff: City Manager M. Huffaker (via Zoom), Assistant City Manager L. Schmidt (via Zoom), City Attorney T. Condotti (via Zoom), Interim Director of Finance B. Magee (via Zoom), Director of Information Technology K.
Morgan (via Zoom), Director of Planning and Community Development L. Butler (via Zoom), Human Resources Director L. Murphy (via Zoom), Interim Fire Chief R. Oatey (via Zoom), Director of Parks and Recreation T. Elliot (via Zoom), Interim Chief of Police B. Escalante (via Zoom), Assistant Director of Public Works and City Engineer N. Nguyen (via Zoom), Senior Planner K. Donovan (via Zoom), Principal Planner M.
VanHua (via Zoom), Communications Manager E. Smith (via Zoom), Deputy City Attorney C. Bronson (via Zoom), Deputy City Clerk Administrator J. Wood, City Clerk Administrator B. Bush (via Zoom).
Oral Communications Announcement - The Mayor provided a brief announcement about Oral Communications.
Oral Communications
At 6:34 p.m. Mayor Brunner opened Oral Communications for members of the public who wished to speak regarding items not listed on the City Council agenda.
Unidentified person spoke regarding private business labor relations relating to union formation, water budget revenue, and the Black Lives Matter movement.
At 6:38 p.m. Mayor Brunner closed Oral Communications.
March 22, 2022 CITY COUNCIL MINUTES 6017
General Business
31. Annual Housing Element and General Plan Progress Reports (PL) Senior Planner K. Donovan gave a presentation and responded to Councilmember questions.
Principal Planner M. VanHua responded to Councilmember questions.
Mayor Brunner opened the public comment period. There were no speakers.
Mayor Brunner closed the public comment period.
MOTION: Councilmember Cummings moved, seconded by Vice Mayor Watkins, to accept the 2021 General Plan and Housing Element Annual Progress Reports and direct staff to submit the reports to the Governor’s Office of Planning and Research and the California Department of Housing and Community Development.
ACTION: The motion carried unanimously with the following vote.
AYES: Councilmembers Kalantari-Johnson, Golder, Cummings, Brown, Meyers; Vice Mayor Watkins; Mayor Brunner.
NOES: None.
ABSENT: None.
DISQUALIFIED: None.
32. Sidewalk Vending Ordinance, Program, and Resource Request (CM) Communications Manager E. Smith, Director of Parks and Recreation T. Elliot, and Deputy City Attorney C. Bronson gave a presentation and responded to Councilmember questions.
Interim Chief of Police B. Escalante, Assistant Director of Public Works and City Engineer N. Nguyen, and Director of Planning and Community Development L.
Butler responded to Councilmember questions.
Mayor Brunner opened the public comment period. The following person spoke.
SPEAKING VIA TELECONFERENCE:
Unidentified person
Mayor Brunner closed the public comment period.
March 22, 2022 CITY COUNCIL MINUTES 6018
General Business (continued)
32. Sidewalk Vending Ordinance, Program, and Resource Request (CM) (continued) MOTION: Councilmember Cummings moved, seconded by Councilmember Brown, to:
Introduce for publication Ordinance No. 2022-03 repealing Santa Cruz Municipal Code (“SCMC”) Chapter 5.81 (“Vending and Display Devices on City Property”) and adding SCMC Chapter 5.82 (“Sidewalk Vending”), with the following changes related to restricted vending times and locations under 5.82.080:
5.82.080(a)(4) Year round, on public property in areas that are zoned exclusively residential, including within residentially zoned parks; and 5.82.080(b)(1) From April 1 until October 31, on the streets and sidewalks of Beach Street between the Municipal Wharf and Third Street without a permit and outside demarcated areas and display zones as set out by the Parks and Recreation Department. 5.82.080(b)(4) Year round, on the Beach Street Promenade Deck without a permit and outside demarcated areas and display zones as set out by the Parks and Recreation Department.
5.82.090(a) An additional parks vending permit is required for sidewalk vendors who wish to operate in a City park, beach, or other facility within the jurisdiction of the Parks and Recreation Department, including that portion of the Beach Street sidewalk operated by the Parks and Recreation Department, between the Municipal Wharf and Third St. No person may vend in a City park, City beach, or facility within the jurisdiction of the Parks and Recreation Department without first obtaining a parks vending permit.”
5.82.110 One hundred dollars ($100) for a first violation, after warning.
Adopt Resolution No. NS-29,952 creating a new sidewalk vending permit fee required upon issuance of a sidewalk vending permit; and Adopt Resolution No. NS-29,953 to amend the FY 2022 budget to appropriate funds and authorize the City Manager or their designee to complete necessary actions for the resources requested per costs associated with an e-citation platform and devices, permit materials, contract Code Compliance and security staff, and other expenditures; and March 22, 2022 CITY COUNCIL MINUTES 6019
General Business (continued)
32. Sidewalk Vending Ordinance, Program, and Resource Request (CM) (continued) MOTION (continued):
Direct staff to return to Council with FY 2023 requests, as part of the regular budget and personnel complement change process, to support operational needs for one Senior Code Compliance Specialist, contract Code Compliance staff, contract security staff, and other expenditures. Direct the Parks and Recreation Department to draft a resolution establishing a limited vending zone and/or City-demarcated vending and display zones on the sidewalks of Beach Street and Beach Street Promenade Deck between the Municipal Wharf and Third Street and provide free permits to vendors who paid in 2021 due to program failures.
After discussion with staff, the motion was amended as follows:
MOTION: Councilmember Cummings moved, seconded by Councilmember Brown, to:
Introduce for publication Ordinance No. 2022-03 repealing Santa Cruz Municipal Code (“SCMC”) Chapter 5.81 (“Vending and Display Devices on City Property”) and adding SCMC Chapter 5.82 (“Sidewalk Vending”), with the following changes related to restricted vending times and locations under 5.82.080:
5.82.080(a)(4) Year round, on public property in areas that are zoned exclusively residential, including within residentially zoned parks; and
5.82.080(b)(1) From April 1 until October 31, on the streets and sidewalks of Beach Street between the Municipal Wharf and Third Street without a permit and outside demarcated areas and display zones as set out the by the Parks and Recreation Department. 5.82.080(b)(4) Year round, on the Beach Street Promenade Deck without a permit and outside demarcated areas and display zones as set out by the Parks and Recreation Department.
March 22, 2022 CITY COUNCIL MINUTES 6020
General Business (continued)
32. Sidewalk Vending Ordinance, Program, and Resource Request (CM) (continued) MOTION (continued):
5.82.090(a) An additional parks vending permit is required for sidewalk vendors who wish to operate in a City park, beach, or other facility within the jurisdiction of the Parks and Recreation Department, including that portion of the Beach Street sidewalk operated by the Parks and Recreation Department, between the Municipal Wharf and Third St. No person may vend in a City park, City beach, or facility within the jurisdiction of the Parks and Recreation Department without first obtaining a parks vending permit.”
5.82.110 One hundred dollars ($100) for a first violation. Adopt Resolution No. NS-29,952 creating a new sidewalk vending permit fee required upon issuance of a sidewalk vending permit; and Adopt Resolution No. NS-29,953 to amend the FY 2022 budget to appropriate funds and authorize the City Manager or their designee to complete necessary actions for the resources requested per costs associated with an e-citation platform and devices, permit materials, contract Code Compliance and security staff, and other expenditures; and Direct staff to return to Council with FY 2023 requests, as part of the regular budget and personnel complement change process, to support operational needs for one Senior Code Compliance Specialist, contract Code Compliance staff, contract security staff, and other expenditures. Direct the Parks and Recreation Department to draft a resolution establishing a limited vending zone and/or City-demarcated vending and display zones on the sidewalks of Beach Street and Beach Street Promenade Deck between the Municipal Wharf and Third Street.
March 22, 2022 CITY COUNCIL MINUTES 6021
General Business (continued)
32. Sidewalk Vending Ordinance, Program, and Resource Request (CM) (continued) SUBSTITUTE MOTION: Councilmember Golder moved, seconded by Vice Mayor Watkins, to:
Introduce for publication Ordinance No. 2022-03 repealing Santa Cruz Municipal Code (“SCMC”) Chapter 5.81 (“Vending and Display Devices on City Property”) and adding SCMC Chapter 5.82 (“Sidewalk Vending”); with the following change:
5.82.090(a): “An additional parks vending permit is required for sidewalk vendors who wish to operate in a City park, beach, or other facility within the jurisdiction of the Parks and Recreation Department, including that portion of the Beach Street sidewalk operated by the Parks and Recreation Department, between the Municipal Wharf and Third St. No person may vend in a City park, City beach, or facility within the jurisdiction of the Parks and Recreation Department without first obtaining a parks vending permit.”
Adopt Resolution No. NS-29,952 creating a new sidewalk vending permit fee required upon issuance of a sidewalk vending permit; and Adopt Resolution No. NS-29,953 to amend the FY 2022 budget to appropriate funds and authorize the City Manager or their designee to complete necessary actions for the resources requested per costs associated with an e-citation platform and devices, permit materials, contract Code Compliance and security staff, and other expenditures; and Direct staff to return to Council with FY 2023 requests, as part of the regular budget and personnel complement change process, to support operational needs for one Senior Code Compliance Specialist, contract Code Compliance staff, contract security staff, and other expenditures.
ACTION: The motion to accept the substitute motion carried with the following vote.
AYES: Councilmembers Kalantari-Johnson, Golder, Meyers; Vice Mayor Watkins.
NOES: Councilmembers Cummings, Brown; Mayor Brunner.
ABSENT: None.
DISQUALIFIED: None.
March 22, 2022 CITY COUNCIL MINUTES 6022
General Business (continued)
32. Sidewalk Vending Ordinance, Program, and Resource Request (CM) (continued) ACTION: The substitute motion carried with the following vote.
AYES: Councilmembers Kalantari-Johnson, Golder, Meyers; Vice Mayor Watkins.
NOES: Councilmembers Cummings, Brown; Mayor Brunner.
ABSENT: None.
DISQUALIFIED: None.
Councilmember Cummings stated for the record he’s been in conversation with staff about the language of the motion, and stated it is the role as Councilmembers to hear from the public and to make changes to staff recommendations when it’s appropriate, and the language of the motion he made is based on input from the public and the community.
Councilmember Brown stated for the record that it is her understanding that the role of City Council is to legislate and deliberate and do Council’s business in public. Sometimes it is messy, and sometimes it takes a long time. But deliberating and sometimes wordsmithing agenda items is common practice. It has never been questioned if Council has a right to do it; it’s always been their responsibility.
Adjournment - The City Council adjourned at 9:05 p.m.
RESPECTFULLY SUBMITTED: ss/Julia Wood, Deputy City Clerk Administrator, ATTEST: ss/Bonnie Bush, City Clerk Administrator, APPROVED: ss/Sonja Brunner, Mayor.