Minutes — Santa Cruz City Council, April 12, 2022

City of Santa Cruz
809 Center Street
Santa Cruz, California 95060

MINUTES OF A CITY COUNCIL MEETING
April 12, 2022
10:30 AM
Mayor Brunner opened the City Council Closed Session at 10:31 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 (via Zoom), Meyers (via Zoom); Vice Mayor Watkins (arrived at 10:37 a.m. 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), Interim Finance Director B. Magee (via Zoom), Director of Planning and Community Development L. Butler (via Zoom), Human Resources Director L. Murphy (via Zoom), Water Director R. Menard (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 10:33 a.m. There were no speakers. Mayor Brunner closed the public comment period at 10:34 a.m.

April 12, 2022 CITY COUNCIL MINUTES 6026
Closed Session

1. 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

2. Conference With Legal Counsel – Liability Claims (Government Code §54956.95) Claimant: Chris and Scott Pinheiro
Claim against the City of Santa Cruz

3. Conference with Legal Counsel - Existing Litigation (Government Code §54956.9(d)(1))
1) Dervishian v. Mott, Konzen, Gieringer, City of Santa Cruz, et al. (Santa Cruz Superior Court, Case No. 18CV01510)
2) Regents of the University of California, et al. v. City of Santa Cruz (Santa Cruz County Superior Court Case No. 20CV02152)
3) City of Santa Cruz v. Regents of the University of California, et al. (Santa Cruz County Superior Court Case No. 22CV00373)
At this time, the meeting was closed to the public. (See pages 6028—6029 for a report on Closed Session.)
April 12, 2022 CITY COUNCIL MINUTES 6027
City of Santa Cruz
809 Center Street
Santa Cruz, California 95060

MINUTES OF A CITY COUNCIL MEETING
April 12, 2022
1:00 PM
Call to Order – Mayor Brunner called the meeting to order at 1:00 p.m. via Zoom.

Roll Call

Present: Councilmembers Kalantari-Johnson (via Zoom), Golder (arrived at 4:54 p.m. via Zoom), Cummings (via Zoom), Brown (via Zoom), Meyers (via Zoom); Vice Mayor Watkins (arrived at 1:39 p.m. 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 Chief of Police B. Escalante (via Zoom), Director of Planning and Community Development L. Butler (via Zoom), Interim Finance Director B. Magee (via Zoom), Director of Economic Development B. Lipscomb (via Zoom), Director of Information Technology K. Morgan (via Zoom), Director of Human Resources L. Murphy (via Zoom), Interim Fire Chief R. Oatey (via Zoom), Water Director R. Menard (via Zoom), Director of Parks and Recreation T. Elliot (via Zoom), Superintendent of Parks T. Beck (via Zoom), Housing and Community Development Manager J. de Wit (via Zoom), Senior Professional Engineer S. Wolfman (via Zoom), Assistant Director of Public Works/City Engineer N. Nguyen (via Zoom), Office Supervisor T. Hedden-Jones (via Zoom), Communications Manager E.

Smith (via Zoom), Deputy City Attorney C. Bronson (via Zoom), Principal Management Analyst V. Nguyen (via Zoom), Chief Building Officer J.

Gervasoni (via Zoom), Senior Planner M. Ferry (via Zoom), Deputy City Clerk Administrator J. Wood, City Clerk Administrator B. Bush (via Zoom).

April 12, 2022 CITY COUNCIL MINUTES 6028
Presentations

4. Small Business Development Center Presentation
Director of Economic Development B. Lipscomb introduced the item. Brandon Napoli, Director and Financial Advisor with Small Business Development Center, gave a presentation and responded to Councilmember questions.

5. Jane Mio - Service Award of Excellence Awardee
Director of Parks and Recreation T. Elliot and Superintendent of Parks T. Beck spoke regarding the Service Award of Excellence Awardee Jane Mio. Jane Mio spoke.

6. Mayoral Proclamation Declaring March 15, 2022 as Equal Pay Day for Women Mayor Brunner read the proclamation declaring March 15, 2022 as Equal Pay Day for Women. Laura Nolan, representing the Santa Cruz County Branch of the American Association of the University of Women, spoke.

Presiding Officer's Announcements
Statements of Disqualification – None.

Additions and Deletions – None.

City Attorney Report on Closed Session
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.

April 12, 2022 CITY COUNCIL MINUTES 6029
City Attorney Report on Closed Session (continued)
Conference With Legal Counsel – Liability Claims (Government Code §54956.95) Claimant: Chris and Scott Pinheiro
Claim against the City of Santa Cruz
By motion, Council approved the settlement of the liability claim in the amount of $170,773.

Conference with Legal Counsel - Existing Litigation (Government Code §54956.9(d)(1))
1) Dervishian v. Mott, Konzen, Gieringer, City of Santa Cruz, et al. (Santa Cruz Superior Court, Case No. 18CV01510)
2) Regents of the University of California, et al. v. City of Santa Cruz (Santa Cruz County Superior Court Case No. 20CV02152)
3) City of Santa Cruz v. Regents of the University of California, et al. (Santa Cruz County Superior Court Case No. 22CV00373)
Council approved a settlement agreement relating to item 3.1 that has been negotiated through the court process.

Council received a status report, and took no reportable action on items 3.2 and 3.3.

City Manager Report

7. The City Manager provided a report and updates on the City's business, COVID19 response, and events.

City Manager M. Huffaker provided updates on the City’s homelessness response, upcoming community meetings, and called on Sustainability and Climate Action Manager T. Wise-West to speak regarding Santa Cruz becoming recognized as a Certified Blue City. Evelina Marchetti and Alisan Amrhein, working on Project O with Blue City Network, spoke. Water Director R. Menard was called on to speak regarding the 2022 water supply outlook.

Council Meeting Calendar

8. The City Council reviewed and did not revise the meeting calendar attached to the agenda.

April 12, 2022 CITY COUNCIL MINUTES 6030
Consent Agenda
Councilmember Cummings pulled item 13 for further discussion.

Councilmember Kalantari-Johnson made a comment on item 14.

Councilmember Cummings made a comment on item 15.

Councilmembers Cummings, Brown, and Kalantari-Johnson made comments on item

17. Councilmember Cummings made a comment on item 20.

Housing and Community Development Manager J. de Wit responded to Councilmember Cummings’ questions regarding item 16. Beckie Flores, Project Developer with Mercy Housing, responded to Councilmember questions.

Councilmember Cummings pulled item 16 for further discussion.

Senior Professional Engineer S. Wolfman responded to Councilmember Cummings’ questions regarding item 19.

Assistant Director of Public Works/City Engineer N. Nguyen responded to Councilmember Cummings’ questions regarding item 22.

Mayor Brunner opened the public comment period. The following people spoke via teleconference:

Unidentified person spoke regarding item 17.

Unidentified person spoke regarding item 18.

Unidentified person spoke regarding item 9.

Mayor Brunner closed the public comment period.

MOTION: Councilmember Meyers moved, seconded by Vice Mayor Watkins, to approve the remaining Consent Agenda.

April 12, 2022 CITY COUNCIL MINUTES 6031
Consent Agenda (continued)
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.

9. Resolution Authorizing the City to Continue Teleconferenced Public Meetings Pursuant to Assembly Bill 361 (CA)
Resolution No. NS-29,954 was adopted authorizing legislative bodies of the City of Santa Cruz to continue the use of teleconferenced meetings pursuant to Assembly Bill 361.

10. Minutes of the March 22, 2022 City Council Meeting (CC) Motion carried to approve as submitted.

11. Minutes of the March 29, 2022 City Council Study Session (CC) Motion carried to approve as submitted.

12. Minutes of the March 29, 2022 City Council Special Meeting (CC) Motion carried to approve as submitted.

City Manager M. Huffaker responded to Councilmember questions.

Mayor Brunner opened the public comment period. The following people spoke.

April 12, 2022 CITY COUNCIL MINUTES 6032
Consent Agenda (continued)

Ron Pomerantz
Unidentified person
Ken Bare
Unidentified person
Unidentified person
Mayor Brunner closed the public comment period.

MOTION: Councilmember Meyers moved, seconded by Vice Mayor Watkins, to adopt Resolution No. NS-29,955 declaring the City Council’s intent regarding the use of potential revenues generated by Measure F, a sales and use tax ballot item on the June 2022 California Statewide Primary Election.

SUBSTITUTE MOTION: Councilmember Cummings moved, seconded by Councilmember Brown, to adopt Resolution No. NS-29,955 declaring the City Council’s intent regarding the use of potential revenues generated by Measure F, a sales and use tax ballot item on the June 2022 California Statewide Primary Election, with the following changes:

WHEREAS, the revenue generated by this measure may help with: mitigating the impacts of homelessness, including but not limited to, supporting services and programs that address mental and behavioral health, substance abuse prevention, safe sleeping and safe parking programs, etc.; the need for more affordable and workforce housing; downtown and business support; workforce development; actions to help address the high cost of housing in Santa Cruz; creating and supporting programs and service to reduce carbon emissions to meet our climate action plan goals, mitigate the impacts of climate change, and make our city more resilient to climate change impacts, including but not limited to reduction of wildfire risk; maintenance of City facilities and essential infrastructure such as streets, transit, parks and recreation facilities for all residents, including but not limited to youth and seniors; and prevention of reduction to important City services along with supporting and expanding City services to increase efficiency and promote sustainability of services and service providers.

April 12, 2022 CITY COUNCIL MINUTES 6033
Consent Agenda (continued)

13. Resolution Declaring the City Council’s Intent Regarding Possible Proceeds from Measure F, a Sales and Use Tax Ballot Item on the June 2022 California Statewide Primary Election (CN) (continued)
FRIENDLY AMENDMENT: Vice Mayor Watkins requested to refer the language proposed by Councilmember Cummings to the Council Ad-Hoc Budget and Revenue Committee to incorporate as appropriate based on further analysis and input from Council and members of the public. Councilmember Cummings accepted, so long as the final version is made public.

After discussion, Vice Mayor Watkins withdrew her friendly amendment.

ACTION: The motion to accept the substitute 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.

ACTION: The original 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.

14. Resolution Condemning Antisemitism (CN)
Resolution No. NS-29,956 was adopted condemning antisemitism and expressing solidarity with the Jewish people in the community, in the United States, and around the globe.

April 12, 2022 CITY COUNCIL MINUTES 6034
Consent Agenda (continued)

15. Council Support of the Establishment of a New CalVet Veterans Home in Monterey County in Order to Provide Skilled Nursing and Memory Care Services for Aging, Disabled, and Homeless Veterans Living in the Central Coast Region of California (CN)
Motion carried to direct the Mayor to write a letter to the Monterey County Board of Supervisors and to California State Legislators in support of the establishment of a new CalVet Veterans Home in Monterey County.

16. Loan Consolidation and Affordability Term Extension for Sycamore Street Commons and La Playa Residential – Affordable Housing (ED) Housing and Community Development Manager J. de Wit 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 Councilmember Brown, to:
 Adopt Resolution No. NS-29,957 approving loan terms for the consolidation and extension of City of Santa Cruz loans for Sycamore Street Commons and La Playa Residential and authorize the City Manager to execute the loan documents in a form to be approved by the City Attorney for the purpose of rehabbing this affordable housing and extending the affordability period; and
 Support staff to work with Mercy Housing and relevant stakeholders to determine whether the affordability term can be extended in perpetuity and bring back an item for Council consideration at a future meeting.

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.

April 12, 2022 CITY COUNCIL MINUTES 6035
Consent Agenda (continued)

17. Expiration of Statewide Evictions Moratorium – Authorization to Enter into an Agreement with the Community Action Board for $150,000 for Tenant-Based Rental Assistance through December 31, 2022 (ED)
Resolution No. NS-29,958 was adopted appropriating $150,000 from the CA state funding for homelessness response and authorizing the City Manager to execute an agreement with the Community Action Board, in a form approved by the City Attorney, to provide tenant-based rental assistance through December 31, 2022.

18. Amend Lease with 1200 Pacific, LLC. to Include Conference Space at 1200 Pacific Avenue for use by the City’s Finance Department and Appropriate $442,827 for Conference Space, Space Improvements and Infrastructure, Lease Deposit, Office Furniture Move, Rental, and Purchase (FN) Motion carried to:
 Adopt Resolution No. NS-29,959 amending the FY 2022 budget to increase appropriation in the amount of $442,827 for conference space, space improvements and infrastructure, deposit rental, office furniture move, rental, and purchase.
 Authorize and direct the City Manager to execute an amendment to the Lease Agreement with 1200 Pacific, LLC, and any amendments thereto, in a form acceptable to the City Attorney, for premises located at 1200 Pacific Avenue to serve as office space for the Finance Department.

19. UV Bypass Valve Repair (m409659) – Notice of Completion (PW) Motion carried to accept the work of Anderson Pacific Engineering Construction Inc., (Santa Clara, CA) and to authorize the filing of the Notice of Completion for the UV Bypass Valve Repair Project (m409659).

April 12, 2022 CITY COUNCIL MINUTES 6036
Consent Agenda (continued)

20. High Voltage Portable Battery Charger for First All Electric Refuse Truck (g402205) – Budget Adjustment (PW)
Motion carried to:
 Adopt Resolution No. NS-29,960 amending the FY 2022 budget and appropriate funds in the amount of $179,552.38 to fully fund the high voltage portable battery charger; and
 Adopt Resolution No. NS-29,961 to authorize the City Manager to apply, accept, and appropriate funding from California Energy Commission’s grant programs that the City is eligible for a five-year term; and  Authorize the City Manager to apply, accept, and appropriate grant funds from California Energy Commission (CEC) Energy Infrastructure Incentives for Zero-Emission Commercial Vehicles (EnergIIZE Commercial Vehicles) and authorize FreeWire Technologies to apply for funds on the behalf of the City for the Ultrafast EV Charger with Integrated Storage (g402205).

21. 3 Water Cogeneration Cooling Line Replacement (c401407) – Authorization to Advertise and Award (PW)
Motion carried to approve the plans and specifications for 3 Water Cogeneration Cooling Line Replacement (c401407), 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 Director of Public Works is authorized to execute change orders within the approved project budget.

22. T2 Systems Parking Pay Stations - Award Contract (PW) Motion carried to award a contract for the purchase of 10 Luke II Parking Pay Stations from T2 Systems (Burnaby, BC) in the amount not to exceed $148,009.04.

End Consent Agenda
April 12, 2022 CITY COUNCIL MINUTES 6037
Consent Public Hearing
Councilmember Cummings pulled item 24 for further discussion.

Mayor Brunner opened the public comment period. There were no speakers. Mayor Brunner closed the public comment period.

MOTION: Councilmember Meyers moved, seconded by Vice Mayor Watkins, to approve the remaining Consent Public Hearing Agenda.

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.

23. Tax Equity and Fiscal Responsibility Act Hearing for Approval of the California Municipal Finance Authority for Issuance of Tax-Exempt Bonds for the Benefit of the Sycamore Street Commons and La Playa Residential Affordable Housing Projects (ED)
Motion carried to:
 Conduct the public hearing under the requirements of Tax Equity and Fiscal Responsibility Act (TEFRA) and the Internal Revenue Code of 1986, as amended (the “Code”).
 Adopt Resolution No. NS-29,962 approving the issuance of Tax-Exempt Revenue Bonds by the California Municipal Finance Authority (“CMFA”) for the benefit of Mercy Housing California 72, L.P., a California limited partnership, or another entity to be established by Mercy Housing California or an affiliate thereof (collectively, the “Borrower”), in an amount not to exceed $28 million dollars to provide financing for Sycamore Street Commons and La Playa Residential (the “Project”); such adoption is solely for the purposes of satisfying the requirements of TEFRA, the Code, and the California Government Code Section 6500.

April 12, 2022 CITY COUNCIL MINUTES 6038
Consent Public Hearing (continued)

24. 2nd Reading and Final Adoption of 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 (CM)
Communications Manager E. Smith, City Attorney T. Condotti, Deputy City Attorney C. Bronson, and City Manager M. Huffaker responded to Councilmember questions.

Mayor Brunner opened the public comment period. The following people spoke.

SPEAKING VIA TELECONFERENCE:

Unidentified person
Willamina Garcia
Dave Jones
Mayor Brunner closed the public comment period.

MOTION: Councilmember Kalantari-Johnson moved, seconded by Vice Mayor Watkins, to adopt 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”).

AMENDMENT: Councilmember Cummings moved, seconded by
Councilmember Brown, to amend the motion to add the following:
 Direct Parks and Recreation Department to draft a resolution establishing a limited vending zone and/or City-demarcated vending and display zones on the streets and sidewalks of Beach Street between the Municipal Wharf and Third Street, and on the City-owned deck behind Ideal Bar and Grill.  Direct staff to bring back an update on vendor space size in the downtown and implementation of the Sidewalk Vending Ordinance prior to enforcement.

April 12, 2022 CITY COUNCIL MINUTES 6039
Consent Public Hearing (continued)

ACTION: The motion to call the question carried with the following vote.

AYES: Councilmembers Kalantari-Johnson, Golder, Meyers; Vice Mayor Watkins; Mayor Brunner.

NOES: Councilmembers Cummings, Brown.

ABSENT: None.

DISQUALIFIED: None.

ACTION: The amended motion was not accepted with the following vote.

AYES: Councilmembers Cummings, Brown.

NOES: Councilmembers Kalantari-Johnson, Golder, Meyers; Vice Mayor Watkins; Mayor Brunner.

ABSENT: None.

DISQUALIFIED: None.

Councilmember Cummings stated for the record these amendments would not prevent Council from moving forward with the current ordinance. A lot of the impacts the City is facing are because of state law, and a lot of the amendments are meant to provide some legal coverage for the City.

ACTION: The original motion carried with the following vote.

AYES: Councilmembers Kalantari-Johnson, Golder, Meyers; Vice Mayor Watkins; Mayor Brunner.

NOES: Councilmembers Cummings, Brown.

ABSENT: None.

DISQUALIFIED: None.

April 12, 2022 CITY COUNCIL MINUTES 6040
Consent Public Hearing (continued)

24. 2nd Reading and Final Adoption of 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 (CM) (continued) Councilmember Cummings stated for the record that he understands the impacts of what is being seen at the beach area and his motion was trying to move forward while also trying to find a way to mitigate some of those impacts.

His hope is that Council will be able to figure out a way forward with beach vending in the future, and will be working to ensure that vendors on Pacific and in other parts of the City will have sufficient space to be able to conduct their business. At this moment, he believes the City is putting itself in a legally liable position by outright prohibiting vending in the beach area.

Councilmember Brown stated for the record that she agrees with Councilmember Cummings, that nothing about his proposal was intended to delay this. Absolutely disagrees and is disturbed by Councilmember Meyers’ contention that this is intended to allow for continued mess in the beach area.

The idea was to ensure that the people who are playing by the rules are not doubly punished.

Public Hearings

25. Municipal Code Amendments Relating to Small Cell Wireless Telecommunications Facilities Responding to Modifications Requested by the California Coastal Commission (PL)
This item was continued to the April 26, 2022 Council meeting and was not discussed.

26. Slope Regulation Ordinance Amendments to Chapters 18.45, 24.04, 24.08,

24.14, and 24.22 of the Santa Cruz Municipal Code (PL)
This item was continued to the April 26, 2022 Council meeting and was not discussed.

April 12, 2022 CITY COUNCIL MINUTES 6041
Public Hearings (continued)

27. Green Building Program Proposed Fee Increase (PL)
Principal Management Analyst V. Nguyen gave a presentation and responded to Councilmember questions.

Director of Planning and Community Development L. Butler and Chief Building Official J. Gervasoni 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.

MOTION: Vice Mayor Watkins moved, seconded by Councilmember Brown, to:
 Introduce for publication Ordinance No. 2022-04 an amendment to Chapter

24.15, (Green Building Regulations), to specify that the fee associated with the Green Building Educational Resource Fund will be established by resolution of the City Council; and
 Adopt Resolution No. NS-29,963 to increase the Green Building Fee from

0.0025 to 0.0100 times the overall valuation of a project to retain the $50,000 fee cap, and to incorporate said fee increase into the City Unified Master Fee Schedule with a footnote that annual Consumer Price Index increases do not apply to the fee; and
 Direct staff to update all associated fee schedules, such as user-friendly fee schedules developed by staff and post them online, where applicable, for the public.

ACTION: The motion carried with the following vote.

AYES: Councilmembers Kalantari-Johnson, Cummings, Brown, Meyers; Vice Mayor Watkins; Mayor Brunner.

NOES: Councilmember Golder.

ABSENT: None.

DISQUALIFIED: None.

April 12, 2022 CITY COUNCIL MINUTES 6042
General Business

28. Transportation and Public Works Commission (TPWC) Appointment (CC) This item was continued to the May 10, 2022 Council meeting and was not discussed.

29. Parks and Recreation Annual Report (PR)
This item was continued to the April 26, 2022 Council meeting and was not discussed.

At this time, Mayor Brunner heard Oral Communications.

30. Public Gathering and Expression Events Ordinance Amendment (CA) Deputy City Attorney C. Bronson gave a presentation and responded to Councilmember questions.

City Attorney T. Condotti responded to Councilmember questions.

Mayor Brunner opened the public comment period. The following people spoke.

SPEAKING VIA TELECONFERENCE:

Robert Norse, Homeless United for Friendship and Freedom Unidentified person
Unidentified person
Unidentified person
Abbi Samuels
Unidentified person
Mayor Brunner closed the public comment period.

MOTION: Councilmember Meyers moved, seconded by Councilmember Golder, to introduce for publication Ordinance No. 2022-05 amending City of Santa Cruz Municipal Code (“SCMC”) Chapter 10.65 – Public Gathering and Expression Events.

Director of Parks and Recreation T. Elliot responded to Councilmember questions.

Office Supervisor T. Hedden-Jones responded to Councilmember questions.

April 12, 2022 CITY COUNCIL MINUTES 6043
General Business (continued)

30. Public Gathering and Expression Events Ordinance Amendment (CA) (continued)
FRIENDLY AMENDMENT: Councilmember Cummings requested to amend the ordinance as follows:

10.65.050(3)(d): Is conducted on a regularly scheduled basis at a single location for more than four two consecutive days per week; and/or Councilmembers Meyers and Golder accepted.

ACTION: The motion carried with the following vote.

AYES: Councilmembers Kalantari-Johnson, Golder, Cummings, Meyers; Vice Mayor Watkins; Mayor Brunner.

NOES: Councilmember Brown.

ABSENT: None.

DISQUALIFIED: None.

Oral Communications Announcement - The Mayor provided a brief announcement about Oral Communications.

Oral Communications
At 6:02 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, providing a personal review of the Climate Action Plan’s proposals.

Jennifer Jaffé spoke regarding her ADU and recent changes to the standards.

Kyle Davenport spoke regarding being inauthentic and being in denial.

Serg Kagno spoke, inviting Council to an upcoming meeting of the Mental Health Advisory Board, which will include presentations on the 9-8-8 systems.

David van Brink spoke, thanking Council for their work on the biking infrastructure.

Robert Norse spoke regarding the anticipated closure of the Benchlands encampment with distrust for the statements made by the City Manager, and asking for a status of what shelter and storage services will be provided in its place.

April 12, 2022 CITY COUNCIL MINUTES 6044
Oral Communications (continued)
Unidentified person spoke regarding the anticipated Benchlands encampment closure without anticipation of available shelter for those who are inhabiting the encampment.

Unidentified person spoke, expressing hope that the plan to close the Benchlands encampment includes a plan for adequate shelter.

Abbi Samuels spoke, requesting Council meet in-person again.

Unidentified person spoke, stating people have been getting pushed into the Benchlands from smaller, self-managed encampments, and stated there needs to be better alternatives provided now.

Gillian Greensite spoke regarding technical issues she experienced accessing the Council meeting, and the anticipated July closure of the Benchlands homeless encampment.

Julie Schaul spoke, reading from the “about us” section of the fines and fees justice center website.

At 6:37 p.m. Mayor Brunner closed Oral Communications.

Public Hearing

31. City Council Review of the Planning Commission’s Approval of the Coastal and Design Permits to Authorize the Development Associated with the Amended Municipal Code Pertaining to the Parking of Oversized Vehicles and to Implement City-wide Safe Parking Programs for Unhoused City Residents Living in Oversized Vehicles in the City of Santa Cruz (PL)
Senior Planner M. Ferry gave a presentation and responded to Councilmember questions.

Mayor Brunner opened the public comment period. The following people spoke.

SPEAKING VIA TELECONFERENCE:

Unidentified person
Unidentified person
Lynn Renshaw, Santa Cruz Together
Unidentified person
Serg Kagno
Robert, Homeless United for Friendship and Freedom
April 12, 2022 CITY COUNCIL MINUTES 6045
Public Hearing (continued)

31. City Council Review of the Planning Commission’s Approval of the Coastal and Design Permits to Authorize the Development Associated with the Amended Municipal Code Pertaining to the Parking of Oversized Vehicles and to Implement City-wide Safe Parking Programs for Unhoused City Residents Living in Oversized Vehicles in the City of Santa Cruz (PL) (continued) SPEAKING VIA TELECONFERENCE (continued):

Rafa Sonnenfeld
Unidentified person
Unidentified person
John Do, ACLU
Debra Elston, Santa Cruz Neighbors
Sabina Holber, Santa Cruz Cares
Carol Polhamus, Westside Neighbors
Unidentified person
Unidentified person
Unidentified person
Unidentified person
Mayor Brunner closed the public comment period.

MOTION: Councilmember Golder moved, seconded by Councilmember Kalantari-Johnson, to adopt Resolution No. NS-29,964 acknowledging the environmental determination and approving the Coastal Permit and Design Permit based on the findings listed in the draft resolution and the Conditions of Approval attached as Exhibit “A”.

April 12, 2022 CITY COUNCIL MINUTES 6046
Public Hearing (continued)

31. City Council Review of the Planning Commission’s Approval of the Coastal and Design Permits to Authorize the Development Associated with the Amended Municipal Code Pertaining to the Parking of Oversized Vehicles and to Implement City-wide Safe Parking Programs for Unhoused City Residents Living in Oversized Vehicles in the City of Santa Cruz (PL) (continued) AMENDMENT: Councilmember Cummings moved, seconded by
Councilmember Brown, to amend the motion to amend the Conditions of Approval as follows:

Part 4:

Safe Parking sites will not be sited in mapped “high impact parking areas” within the Coastal Zone. Priority for locating safe parking spaces will be in the City of Santa Cruz.

There will be no costs to participants in the Safe Parking Program. Access to the Safe Parking program shall not be unreasonably restricted. However, the City may institute mandatory sign-ups and a tracking program and participants shall agree to a reasonable code of conduct.

Add:

Emergency parking may be allowed for up to 48 consecutive hours where an oversized vehicle is left standing on the roadside because of mechanical breakdown or the driver’s physical incapacity to proceed.

MOTION: Councilmember Brown moved, seconded by Councilmember Watkins, to call the question.

ACTION: The motion to call the question 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.

April 12, 2022 CITY COUNCIL MINUTES 6047
Public Hearing (continued)

31. City Council Review of the Planning Commission’s Approval of the Coastal and Design Permits to Authorize the Development Associated with the Amended Municipal Code Pertaining to the Parking of Oversized Vehicles and to Implement City-wide Safe Parking Programs for Unhoused City Residents Living in Oversized Vehicles in the City of Santa Cruz (PL) (continued) ACTION: The amendment was not accepted with the following vote.

AYES: Councilmembers Cummings, Brown.

NOES: Councilmembers Kalantari-Johnson, Golder, Meyers; Vice Mayor Watkins; Mayor Brunner.

ABSENT: None.

DISQUALIFIED: None.

ACTION: The original motion carried with the following vote.

AYES: Councilmembers Kalantari-Johnson, Golder, Meyers; Vice Mayor Watkins; Mayor Brunner.

NOES: Councilmembers Cummings, Brown.

ABSENT: None.

DISQUALIFIED: None.

Councilmember Cummings stated for the record that until Council finds consensus on some of these controversial issues, they’re going to continue to find themselves getting appealed and legal battles, and wants the community to understand that this is going to be dragged out for much longer.

Adjournment - The City Council adjourned at 10:06 p.m.

RESPECTFULLY SUBMITTED: ss/Julia Wood, Deputy City Clerk Administrator, ATTEST: ss/Bonnie Bush, City Clerk Administrator, APPROVED: ss/Sonja Brunner, Mayor.

Santa Cruz City CouncilApril 12, 2022

Santa Cruz City Council
April 12, 2022