City of Santa Cruz
809 Center Street
Santa Cruz, California 95060
MINUTES OF A CITY COUNCIL MEETING
August 9, 2022
12:30 PM
Mayor Brunner opened the City Council Closed Session at 12:30 p.m. in a public meeting in Council Chambers, for the purpose of announcing the agenda, and receiving public testimony.
Roll Call
Present: Councilmembers Kalantari-Johnson, Cummings, Brown, Meyers (via Zoom); Vice Mayor Watkins (arrived at 12:34 p.m.); Mayor Brunner.
Absent: Councilmember Golder.
Staff: City Manager M. Huffaker, Assistant City Manager L. Schmidt, City Attorney T. Condotti, Director of Economic Development B. Lipscomb, Human Resources Director L. Murphy, Deputy City Clerk Administrator J. Wood, City Clerk Administrator B. Bush.
Public Comment
Mayor Brunner opened the public comment period at 12:34 p.m. There were no speakers. Mayor Brunner closed the public comment period at 12:35 p.m.
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Referral to Closed Session
1. City-owned Property Located on Mount Hermon Road in Scotts Valley, CA, APNs 022-721-07, 022-721-08, and 002-721-09 (ED)
MOTION: Councilmember Cummings moved, seconded by Councilmember Brown, to refer to Closed Session for discussion regarding price, terms of payment, or both.
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.
Councilmember Meyers announced that she will be recusing herself from voting on item 2 as her spouse’s income comes from the owners of 333 Locust Street.
2. 333 Locust Street, APN 005-033-03 (ED)
MOTION: Vice Mayor Watkins moved, seconded by Councilmember Kalantari-Johnson, to refer to Closed Session for discussion regarding price, terms of payment, or both.
ACTION: The motion carried with the following vote.
AYES: Councilmembers Kalantari-Johnson, Cummings, Brown; Vice Mayor Watkins; Mayor Brunner.
NOES: None.
ABSENT: Councilmember Golder.
DISQUALIFIED: Councilmember Meyers.
Closed Session
3. Conference With Legal Counsel – Liability Claims (Government Code §54956.95) 1) Claimant: Denise Susan Barr
2) Claimant: Progressive West Insurance Company
Claims against the City of Santa Cruz
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Closed Session (continued)
4. 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
5. Conference with Legal Counsel – Existing Litigation (Govt. Code §54956.9(d)(1)) 1) City of South Miami v. DeSantis
11th Cir. No. 21-13657 (request for amicus curiae joinder) 2) City of Santa Cruz v. Regents of the University of California, et al. (Santa Cruz County Superior Court Case No. 22CV00373)
3) Sunset Farms, LLC v. City of Santa Cruz
Santa Cruz County Superior Court Case No. 19CV01725
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Closed Session (continued)
6. Real Property Negotiations (Government Code §54956.8) 1) Property: Approximately 8.15 acres located on Mount Hermon Road in Scotts Valley, CA
APNs: 022-721-07, 022-721-08, 022-721-09
Owner: City of Santa Cruz
City Negotiator: Bonnie Lipscomb
Negotiating Parties: City of Santa Cruz and City of Scotts Valley Under Negotiation: Price, terms of payment, or both
2) Property: 333 Locust Street
APN: 005-033-03
Owner: Smith Laura Trustee, Mathews William G. and Cynthia S. Trustees, and Smith Sara Wood, Trustee
City Negotiator: Bonnie Lipscomb
Negotiating Parties: City of Santa Cruz and Laura Smith Trustee et al.
Under Negotiation: Potential Acquisition including price, terms of payment, or both
At this time, the meeting was closed to the public. (See pages 6176—6177 for a report on Closed Session.)
August 9, 2022 CITY COUNCIL MINUTES 6175
City of Santa Cruz
809 Center Street
Santa Cruz, California 95060
MINUTES OF A CITY COUNCIL MEETING
August 9, 2022
3:00 PM
Call to Order – Mayor Brunner called the meeting to order at 3:02 p.m. in Council Chambers.
Roll Call
Present: Councilmembers Kalantari-Johnson, Golder (arrived at 3:21 p.m.), Cummings, Brown, Meyers (via Zoom); Vice Mayor Watkins; Mayor Brunner.
Absent: None.
Staff: City Manager M. Huffaker, Assistant City Manager L. Schmidt, City Attorney T. Condotti, Director of Public Works M. Dettle (via Zoom), Director of Planning and Community Development L. Butler (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), Fire Chief R. Oatey (via Zoom), Water Director R. Menard (via Zoom), Director of Parks and Recreation T. Elliot (via Zoom), Finance Director E. Cabell, Senior Civil Engineer J.
Spangrud, Assistant Director of Public Works/City Engineer N. Nguyen, Senior Planner T. Maier (via Zoom), Deputy City Clerk Administrator J.
Wood, City Clerk Administrator B. Bush.
Presentations
7. Central Coast Community Energy Annual Update
Gabe Ruiz, Senior Commercial Accounts Manager with the Central Coast Community Energy, provided the membership annual update.
Presiding Officer's Announcements
Statements of Disqualification – None.
Additions and Deletions – None.
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City Attorney Report on Closed Session
Conference With Legal Counsel – Liability Claims (Government Code §54956.95) 1) Claimant: Denise Susan Barr
2) Claimant: Progressive West Insurance Company
Claims against the City of Santa Cruz
Council received a status report, took up under agenda item 16, and took no reportable action.
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.
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City Attorney Report on Closed Session (continued)
Conference with Legal Counsel – Existing Litigation (Govt. Code §54956.9(d)(1)) 1) City of South Miami v. DeSantis
11th Cir. No. 21-13657 (request for amicus curiae joinder) 2) City of Santa Cruz v. Regents of the University of California, et al. (Santa Cruz County Superior Court Case No. 22CV00373)
3) Sunset Farms, LLC v. City of Santa Cruz
Santa Cruz County Superior Court Case No. 19CV01725
Council received a status report on the City of South Miami v. DeSantis, and by motion voted 6 in favor and 0 opposed, with Councilmember Golder absent, to join an amicus curiae brief being prepared by the County of Santa Clara and is currently pending in the 11th circuit court of appeals. Council received a status report on the remaining two items and took no reportable action.
Real Property Negotiations (Government Code §54956.8)
1) Property: Approximately 8.15 acres located on Mount Hermon Road in Scotts Valley, CA
APNs: 022-721-07, 022-721-08, 022-721-09
Owner: City of Santa Cruz
City Negotiator: Bonnie Lipscomb
Negotiating Parties: City of Santa Cruz and City of Scotts Valley Under Negotiation: Price, terms of payment, or both
2) Property: 333 Locust Street
APN: 005-033-03
Owner: Smith Laura Trustee, Mathews William G. and Cynthia S. Trustees, and Smith Sara Wood, Trustee
City Negotiator: Bonnie Lipscomb
Negotiating Parties: City of Santa Cruz and Laura Smith Trustee et al.
Under Negotiation: Potential Acquisition including price, terms of payment, or both
Council, with the exception of Councilmember Meyers, received a status report from the City Negotiator and took no reportable action.
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City Manager Report
8. The City Manager provided a report and updates on the City's business and events of interest.
City Manager M. Huffaker provided updates and responded to Councilmember questions on the November 2022 elections, new downtown businesses, the Newell Creek Dam Project, pursuing additional revenue streams after the failing of Measure F, and homelessness response.
Council Meeting Calendar
9. The City Council reviewed and did not revise the meeting calendar attached to the agenda.
Consent Agenda
Councilmember Cummings pulled item 14 for further discussion.
Vice Mayor Watkins made a comment on item 15.
Councilmember Brown made a comment on item 22.
Senior Civil Engineer J. Spangrud and Assistant Director of Public Works/City Engineer N. Nguyen responded to Councilmember Cummings’ questions regarding item 18.
Mayor Brunner opened the public comment period. The following person spoke via teleconference:
Unidentified person spoke regarding item 18.
Mayor Brunner closed the public comment period.
MOTION: Vice Mayor Watkins moved, seconded by Councilmember Brown, to approve the remaining Consent Agenda.
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.
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Consent Agenda (continued)
10. Resolution Authorizing the City to Continue Teleconferenced Public Meetings Pursuant to Assembly Bill 361 (CA)
Resolution No. NS-30,017 was adopted authorizing legislative bodies of the City of Santa Cruz to continue the use of teleconferenced meetings pursuant to Assembly Bill 361.
11. Minutes of the June 28, 2022 City Council Meeting (CC) Motion carried to approve as submitted.
12. Certification of Canvass of the June 7, 2022 Primary Election (CC) Resolution No. NS-30,018 was adopted confirming and approving the certificate of canvass of ballots and returns for the City of Santa Cruz Primary Election held on June 7, 2022, and declaring the following results:
• Measure E (District Elections) passed by a majority vote of the electorate of the City of Santa Cruz, thus amending the City’s Charter and transitioning to six council districts and an at-large Mayor beginning at the November 8, 2022 election.
• Measure F (Sales and Use Tax) failed, with a majority of the electorate of the City of Santa Cruz voting against.
13. Resolution Ordering an Election for Two Council Seats, Districts 4 and 6, and Mayor for the November 8, 2022 Statewide General Election (CC) Resolution No. NS-30,019 was adopted ordering an election, requesting the County Elections Department to conduct the election, and requesting consolidation of the election with the November 8, 2022 Statewide General Election.
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Consent Agenda (continued)
14. Support for the Protection of Reproductive Rights and Various California Legislative Bills (CN)
Councilmember Cummings, Councilmember Kalantari-Johnson, and Vice Mayor Watkins made a comment.
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 Kalantari-Johnson, to:
Adopt Resolution No. NS-30,020 expressing the Santa Cruz City Council’s support for the protection of reproductive rights; and
Authorize the Mayor to send a letter to state legislators on behalf of the City Council in support of California Assembly Bill 133 (AB 133), Senate Bill 245 (SB 245), Assembly Bill 1356 (AB 1356), Assembly Bill 1666 (AB 1666), Assembly Bill 1918 (AB 1918), Assembly Bill 2091 (AB 2091), Assembly Bill 2134 (AB 2134), Assembly Bill 2223 (AB 2223), Assembly Bill 2626 (AB 2626), and Senate Bill 374 (SB 374).
Direct staff to return to Council no later than the second meeting in September with a resolution to formally endorse and support California Proposition 1, Right to Reproductive Freedom Amendment, which, if passed would support amending the State Constitution to prohibit the State from interfering with or denying an individual's reproductive freedom, which is defined to include a right to an abortion and a right to contraceptives.
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.
15. Sister Cities Committee Member Code of Conduct Issues (CN) Resolution No. NS-30,021 was adopted admonishing a Sister Cities Committee Member for disrespectful conduct toward a City employee.
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Consent Agenda (continued)
16. Liability Claims Filed Against the City of Santa Cruz (FN) Motion carried to reject the liability claim of a) Denise Susan Barr; and to return as late the claim of b) Progressive West Insurance Company, based on staff recommendation.
17. Water Street Signal Interconnect Conduit Project (c401602) – Notice of Completion (PW)
Motion carried to accept the work of Alfaro Communications Construction, Inc. (Compton, CA) as completed per the plans and specifications and authorize the filing of the Notice of Completion for Water Street Signal Interconnect Conduit Project (c401602).
18. State Route 1/9 Intersection Improvements (c400805) – Contract Amendment 1 (PW)
Motion carried to approve Contract Amendment 1 to an agreement with WSP USA, Inc. (Dallas, TX) to provide construction management services for the State Route 1/9 Intersection Improvement Project (c400805).
19. CCTV Inspection Van – Award Contract (PW)
Motion carried to award a contract for the purchase of one replacement CCTV Inspection Van from Jack Doheny Company (Antioch, CA) in the amount of $316,705.14.
20. Graham Hill Water Treatment Plant Gate Entrance Replacement Project – Notice of Completion (WT)
Motion carried to accept the work of Anderson Pacific Engineering Construction, Inc. (Santa Clara, CA) as complete per the plans and specifications and authorizing the filing of a Notice of Completion for the Graham Hill Water Treatment Plant Gate Entrance Replacement Project and to authorize the Water Director to sign the Notice of Completion as the Owner’s Authorized Agent.
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Consent Agenda (continued)
21. Resolution to Reimburse Capital Expenditures from Future State Water Resources Control Board Financing for Newell Creek Pipeline Replacement Project (WT)
Resolution No. NS-30,022 was adopted authorizing the Water Department to be reimbursed by State Water Resources Control Board (SWRCB) for costs related to the Newell Creek Pipeline Replacement Project.
22. Santa Cruz Grand Jury Response (WT)
Motion carried to authorize the Mayor to respond to the Santa Cruz Civil Grand Jury on behalf of the City of Santa Cruz.
23. Beltz Water Treatment Plant Filter Rehabilitation Project – Notice of Completion (WT)
Motion carried to accept the work of ERS Industrial Services, Inc. (Fremont, CA) as complete per the plans and specifications and authorizing the filing of a Notice of Completion for the Beltz Water Treatment Plant Filter Rehabiliation Project and to authorize the Water Director to sign the Notice of Completion as the Owner’s Authorized Agent.
24. Laguna Creek Diversion Retrofit Project – Notice of Completion (WT) Motion carried to accept the work of Granite Rock Construction, Inc. (Watsonville, CA) as complete per plans and specifications and authorizing the filing of a Notice of Completion for the Laguna Creek Diversion Retrofit Project and to authorize the Water Director to sign the Notice of Completion as the Owner’s Authorized Agent.
25. Ratification of $100,000 Application Fee for Water Infrastructure and Finance Innovation Act Loan and Related Budget Adjustment (WT)
Resolution No. NS-30,023 was adopted to approve the budget adjustment ratifying the July 15, 2022 payment of $100,000 Water Infrastructure and Finance Innovation Act application fee and appropriating funds from the Water Department FY 2023 budget for the application fee.
End Consent Agenda
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Consent Public Hearings
Senior Planner T. Maier spoke regarding item 27, informing Council of the following amendments made to item 17 on the Conditions of Approval.
From:
Prior to recordation of the revised subdivision map, the El Rancho Carbonera Homeowners Association (“HOA”) shall vote on the annexation of the market-rate lot (formerly Lot B). The applicant shall submit official meeting minutes as evidence of the vote. If the vote supports annexation, the annexation shall be formalized prior to map recordation. If the vote does not support annexation, it shall not be required in order to amend the map. This would not preclude the El Rancho Carbonera Homeowners Association and the owner of Lot B from mutually agreeing to annex the property into the HOA in the future.
To:
1. Prior to recordation of the revised subdivision map, the applicant shall request a vote of the Rancho Carbonera Owners Association (“HOA”) regarding the annexation of the market-rate lot (formerly Lot B). The applicant shall submit official meeting minutes and/or other appropriate evidence of the request and action by the HOA in response to the request. Should the HOA approve the annexation of the market-rate lot, such annexation shall be formalized prior to map recordation. If, following the applicant’s request for a vote of the HOA regarding annexation of the market-rate lot,
1) a vote of the HOA does not occur within a period of six (6) months and result in support for annexation;
or,
2) if all measures necessary to effect final action on the annexation cannot be secured within a total period of twelve (12) months following the applicant’s request, annexation of the market-rate lot shall not be required in order to amend the map.
“Final action,” as used herein, shall mean any and all legal actions necessary to approve the annexation including, but not limited to, obtaining consent of existing lenders to the annexation, to the extent needed in order for the HOA to take final action. This would not preclude the Rancho Carbonera Owners Association and the owner of Lot B from mutually agreeing to annex the property into the HOA in the future. Should the applicant and/or owner seek modification to the above-mentioned time periods, such revision may be considered through an application for Minor Modification, subject to review and approval per City of Santa Cruz Municipal Code Section 24.04.160 on a time/materials basis.
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Consent Public Hearings (continued)
Mayor Brunner opened the public comment period. There were no speakers. Mayor Brunner closed the public comment period.
MOTION: Councilmember Golder moved, seconded by Councilmember Meyers, to approve the Consent Public Hearing Agenda.
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.
26. 2nd Reading and Final Adoption of Ordinance No. 2022-11 Second Amendment of the 555 Pacific Avenue Apartments Development Agreement (ED/PL) Motion carried to adopt Ordinance No. 2022-11 approving the second amendment of the development agreement between Green Valley Corporation and the City of Santa Cruz for 94 residential condominiums and 4,680 square feet of commercial space within four separate tenant spaces fronting on Pacific Avenue at 555 Pacific Avenue.
27. 109 S. Rapetta Rd. (Application No. CP21-0060) - Assessor’s Parcel Numbers 008-391-15, -16, and -18 – Final Map Amendment and Major Modification to Planned Development Permit #97-279 to Amend the El Rancho Carbonera Subdivision Map and Modify Lot B to Allow For Residential Development on a Parcel Located in the R-1-7 (Single Family Residence) Zoning District (PL) Resolution No. NS-30,024 was adopted with the amendments made by staff, acknowledging the environmental determination and approving the Final Map Amendment and Major Modification, as designed in Alternative 2, to allow for residential development on Lot B in the El Rancho Carbonera Subdivision subject to the attached conditions of approval.
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General Business
28. Transportation and Public Works Commission Appointment (CC) Mayor Brunner opened the public comment period. There were no speakers.
Mayor Brunner closed the public comment period.
Councilmember Cummings nominated Chad Mitcham.
Councilmember Meyers nominated Ryan Meckel.
Voting for Ryan Meckel: Councilmembers Kalantari-Johnson, Golder, Meyers; Vice Mayor Watkins; Mayor Brunner.
Voting for Chad Mitcham: Councilmembers Cummings, Brown.
Ryan Meckel was appointed to the Transportation and Public Works Commission, with a term ending January 31, 2024.
29. Resolution Requesting the Placement of a Transient Occupancy Tax Increase on the Ballot of the November 8, 2022 California Statewide General Election (CN)
Mayor Brunner gave a presentation and responded to Councilmember questions.
Mayor Brunner opened the public comment period. The following people spoke.
Unidentified person
Unidentified person
Unidentified person
Casey Beyer
Mayor Brunner closed the public comment period.
August 9, 2022 CITY COUNCIL MINUTES 6186
General Business (continued)
29. Resolution Requesting the Placement of a Transient Occupancy Tax Increase on the Ballot of the November 8, 2022 California Statewide General Election (CN) (continued)
MOTION: Councilmember Golder moved, seconded by Vice Mayor Watkins, to:
Accept an update on the recent work of the City Council Ad Hoc Budget and Revenue Committee; and
Adopt Resolution No. NS-30,025 requesting that the consolidated November 8, 2022 California Statewide General Election include a general purpose tax measure proposing that the City of Santa Cruz’ current Transient Occupancy Tax rate of eleven percent (11%) be increased to twelve percent (12%) for hotels, motels, inns, and other commercial lodging facilities; and from eleven percent (11%) to fourteen percent (14%) for short-term residential vacation rental properties; and
Support the measure for the purposes of: authorizing arguments; providing direction regarding the authors; directing the City Attorney to prepare the impartial analysis; and providing direction to the City Manager regarding the preparation of the fiscal analysis, as appropriate.
City Manager M. Huffaker responded to Councilmember questions.
Director of Economic Development B. Lipscomb spoke.
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.
Recess - The City Council recessed at 4:42 p.m. to the 5:30 p.m. session.
August 9, 2022 CITY COUNCIL MINUTES 6187
Oral Communications
5:30 PM
Oral Communications Announcement - The Mayor provided a brief announcement about Oral Communications.
Oral Communications
At 5:32 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.
G. Lee Young spoke regarding Men Overcoming Abusive or Angry Behavior (MOAAB), letting Council know their meetings have resumed since the onset of the COVID pandemic.
Andy Werner spoke, thanking Council for the proclamation declaring June 30th as Andy Werner day.
Unidentified person spoke regarding an upcoming meeting about the Benchlands encampment.
Unidentified person spoke regarding natural springs on West Cliff Drive that have become polluted.
Unidentified person spoke regarding the food scrap program.
Unidentified person spoke regarding the trolley not operating and suggested building a tunnel from Pacific Avenue to the beach.
Serg Kagno spoke regarding Recovery Café Santa Cruz and invited City Councilmembers to visit Recovery Café San Jose.
Keith McHenry spoke regarding Food not Bombs, and invited Council to a meeting about the Benchlands.
Councilmember Brown announced that the Senior Council will be at the Downtown Farmer’s Market, providing food for seniors.
Unidentified person spoke regarding a meeting about the Benchlands, inviting Council to attend.
At 5:51 p.m. Mayor Brunner closed Oral Communications.
Adjournment - The City Council adjourned at 5:52 p.m.
August 9, 2022 CITY COUNCIL MINUTES 6188
RESPECTFULLY SUBMITTED: ss/Julia Wood, Deputy City Clerk Administrator, ATTEST: ss/Bonnie Bush, City Clerk Administrator, APPROVED: ss/Sonja Brunner, Mayor.