City of Santa Cruz
809 Center Street
Santa Cruz, California 95060
MINUTES OF A CITY COUNCIL MEETING
September 27, 2022
12:00 PM
Mayor Brunner opened the City Council Closed Session at 12:00 p.m. in a public meeting in Council Chambers and via Zoom, for the purpose of announcing the agenda, and receiving public testimony.
Roll Call
Present: Councilmembers Kalantari-Johnson, Golder, Cummings, Brown, Meyers; Vice Mayor Watkins; Mayor Brunner.
Absent: None.
Staff: City Manager M. Huffaker, Assistant City Manager L. Schmidt, City Attorney T. Condotti, Deputy City Manager/Human Resources Director L. Murphy, Director of Planning and Community Development L. Butler, Director of Information Technology K. Morgan, Finance Director E.
Cabell, Deputy City Clerk Administrator J. Wood, City Clerk Administrator B. Bush.
Public Comment
Mayor Brunner opened the public comment period at 12:02 p.m. The following people spoke:
Ken Bare spoke regarding item 1.
Jennie Munster spoke regarding item 1.
Josh spoke regarding item 1.
Iseth Rae spoke regarding item 1.
Trèmain Hedden-Jones spoke regarding item 1.
Unidentified person spoke regarding item 1.
Olivia Martinez spoke regarding item 1.
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Public Comment (continued)
Michael Moore spoke regarding item 1.
Unidentified person spoke regarding item 1.
Unidentified person spoke regarding item 1.
Unidentified person spoke regarding item 1.
Joe Thompson spoke regarding item 1.
Unidentified person spoke regarding item 1.
Unidentified person spoke regarding item 1.
Connor spoke regarding item 1.
Mayor Brunner closed the public comment period at 12:30 p.m., at which time the meeting was closed to the public and Council adjourned to the Courtyard Conference Room.
Closed Session
1. Conference with Labor Negotiators (Government Code §54957.6) SEIU Temporary Employees
SEIU Service Employees
Supervisors, OE3
City Negotiator - Lisa Murphy
Council received a status report from the City Negotiator and took no reportable action.
2. Public Employee Performance Evaluation (Government Code §54957) 1) City Manager
2) City Attorney
Council received a status report and took no reportable action.
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Closed Session (continued)
3. Conference With Legal Counsel – Liability Claims (Government Code §54956.95)
1) Claimant: Jose A. Talamantes Haro
2) Claimant: Serafin G. Ruiz
Claims against the City of Santa Cruz
Council received a status report, took up under agenda item 12, and took no reportable action.
4. Conference with Legal Counsel – Anticipated Litigation (Government Code §54956.9(d)(2)
Significant exposure to litigation (1 potential case to be discussed) Council received a status report, gave direction and took no reportable action.
5. Conference with Legal Counsel - Existing Litigation (Government Code §54956.9(d)(1))
City of Santa Cruz v. Regents of the University of California, et al. (Santa Cruz County Superior Court Case No. 22CV00373)
Council received a status report, gave direction, and took no reportable action.
September 27, 2022 CITY COUNCIL MINUTES 6230
City of Santa Cruz
809 Center Street
Santa Cruz, California 95060
MINUTES OF A CITY COUNCIL MEETING
September 27, 2022
2:30 PM
Call to Order – Mayor Brunner called the meeting to order at 2:34 p.m. in Council Chambers.
Roll Call
Present: Councilmembers Kalantari-Johnson (left at 6:28 p.m.), Golder, Cummings, Brown, Meyers; Vice Mayor Watkins; Mayor Brunner.
Absent: None.
Staff: City Manager M. Huffaker, Assistant City Manager L. Schmidt, City Attorney T. Condotti, Director of Economic Development B. Lipscomb (via Zoom), Fire Chief R. Oatey, Deputy Fire Marshal T. Shields, Chief of Police B. Escalante (via Zoom), Director of Planning and Community Development L. Butler (via Zoom), Finance Director E. Cabell (via Zoom), Deputy City Manager/Human Resources Director L. Murphy (via Zoom), Water Director R. Menard (via Zoom), Director of Parks and Recreation T. Elliot (via Zoom), Director of Information Technology K.
Morgan (via Zoom), Director of Public Works M. Dettle, Principal Management Analyst B. Borguno (via Zoom), Principal Management Analyst E. Nguyen, Deputy City Clerk Administrator J. Wood, City Clerk Administrator B. Bush.
Mayor Brunner called for a moment of silence regarding the protests happening in Iran following the death of Mahsa Amini. Councilmember Kalantari-Johnson read a statement regarding the protests and requested it be agendized for Council to make a statement at the next Council meeting.
Presentations
6. Downtown Library and Affordable Housing Project Quarterly Update Director of Economic Development B. Lipscomb and Principal Management Analyst B. Borguno gave a presentation and responded to Councilmember questions.
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Presentations (continued)
7. Unified Animal Model Ordinance Update
Erika Smart, Interim General Manager and Todd Stosuy, Field Services Manager with Santa Cruz County Animal Shelter, provided Council with an overview of the updates to the Unified Animal Ordinance. Assistant City Manager L. Schmidt spoke.
8. Fire Prevention Week
Fire Chief R. Oatey and Deputy Fire Marshal T. Shields gave a presentation on Fire Prevention Week.
Presiding Officer's Announcements
Statements of Disqualification – None.
Additions and Deletions – None.
City Attorney Report on Closed Session – See pages 6228-6229 for the report.
Council Meeting Calendar
9. The City Council reviewed and did not revise the meeting calendar attached to the agenda.
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Council Memberships in City Groups and Outside Agencies
10. The Presiding Officer provided Councilmembers with the opportunity to update Council on any external committee meetings that occurred since the last Council meeting
Councilmember Golder: Public Safety Committee.
Councilmember Meyers: Central Coast Community Energy Policy Board, Santa Cruz Metropolitan Transit District Board (METRO).
Councilmember Cummings: Climate Action Task Force.
Councilmember Brown: Santa Cruz County Regional Transportation Commission (RTC), Association of Monterey Bay Area Governments (AMBAG).
Vice Mayor Watkins: Health in All Policies.
Councilmember Kalantari-Johnson: Santa Cruz Metropolitan Transit District Board (METRO).
Mayor Brunner: Health in All Policies, Visit Santa Cruz County.
Consent Agenda
Councilmembers Brown and Cummings made a comment on item 15.
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 approve the Consent Agenda.
ACTION: The motion carried with the following vote.
AYES: Councilmembers Kalantari-Johnson, Golder, Cummings, Brown (with the exception of item 15), Meyers; Vice Mayor Watkins; Mayor Brunner.
NOES: Councilmember Brown (item 15).
ABSENT: None.
DISQUALIFIED: None.
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Consent Agenda (continued)
11. Minutes of the September 13, 2022 City Council Meeting (CC) Motion carried to approve as submitted.
12. Liability Claims Filed Against the City of Santa Cruz (FN) Motion carried to reject the liability claims of a) Jose A. Talamantes Haro and b) Serafin G. Ruiz, based on staff recommendation.
13. Fire Management Employee Association Tentative Agreement for a Successor Memoranda of Understanding (HR)
Resolution No. NS-30,043 was adopted approving a tentative agreement with the Fire Management Employee Association.
14. City of Santa Cruz Firefighters IAFF Local 1716 Tentative Agreement for a Successor Memoranda of Understanding (HR)
Resolution No. NS-30,044 was adopted approving a tentative agreement with the City of Santa Cruz Firefighters IAFF Local 1716.
15. Executive Employees Compensation and Benefits Plan (HR) Resolution No. NS-30,045 was adopted approving the Compensation and Benefits Plan for Executive Unrepresented Employees.
16. Mid-Management Association of the City of Santa Cruz Tentative Agreement for a Successor Memorandum of Understanding (HR)
Resolution No. NS-30,046 was adopted approving a tentative agreement with the Mid-Management Association of the City of Santa Cruz effective September 17, 2022 through August 29, 2025.
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Consent Agenda (continued)
17. Caterpillar 325 Excavator – Award Contract (PW)
Motion carried to approve the purchase from the Refuse Fund of one Caterpillar 325 Excavator in the amount of $327,000.00 from Peterson Tractor Co. (San Leandro, CA).
18. San Lorenzo River Lagoon Culvert Project Grant Forbearance Agreement (PW) Motion carried to approve the Forbearance Agreement by and between the Resource Conservation District of Santa Cruz County and the City of Santa Cruz, which is a condition of the grant agreement funding the San Lorenzo River Lagoon Culvert Project (c601403), and authorize the City Manager to execute the agreement in a form approved by the City Attorney.
19. Striping Improvements at Atlantic Avenue and La Fonda Avenue (m400029) (PW)
Motion carried to approve the design and installation of traffic striping at Atlantic Avenue (between Seabright Avenue and 4th Avenue) and La Fonda Avenue (between Holway Drive and Soquel Avenue).
20. Santa Cruz Mid-County Groundwater Agency Sustainable Groundwater Management Grant – Local Project Sponsor Agreement (WT) Motion carried authorizing the City Manager to execute a Local Project Sponsor Agreement between the Santa Cruz Mid-County Groundwater Agency (Grantee) and the City of Santa Cruz (Local Project Sponsor) for the Department of Water Resources Sustainable Groundwater Management Act Implementation Grant in a form approved by the City Attorney and authorize the City to proceed with the work contemplated in the Local Project Sponsor Agreement within the specified grant-approved amounts.
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Consent Agenda (continued)
21. Intertie 1: Santa Cruz-Scotts Valley – Award of Professional Services Agreement (WT)
Motion carried authorizing the City Manager to execute an agreement in a form to be approved by the City Attorney with Kennedy Jenks (Santa Clara, CA) for Engineering Design Services for the Intertie 1: Santa Cruz-Scotts Valley Project and to authorize the Water Director to execute future contract amendments within the approved budget.
End Consent Agenda
General Business
22. Single-Use Tobacco Waste (CM)
Principal Management Analyst E. Nguyen introduced the item.
Tara Leonard, Health Educator with the County of Santa Cruz, gave a presentation and responded to Councilmember questions.
Mayor Brunner opened the public comment period. The following people spoke.
Taylor Lane
Allison Webster
Erica Donnely-Greenan
Unidentified person
Madison Hickey
Trent Hodges
Rachel Kippen
Unidentified person
Mayor Brunner closed the public comment period.
September 27, 2022 CITY COUNCIL MINUTES 6236
General Business (continued)
22. Single-Use Tobacco Waste (CM) (continued)
MOTION: Vice Mayor Watkins moved, seconded by Councilmember Meyers, to:
Receive an informational tobacco product waste presentation from the County of Santa Cruz, commentaries by local stakeholders, and provide staff direction on the next steps; and
Establish and direct work to the Health in All Policies (HiAP) Subcommittee to bring back recommendations to Council at a meeting in April with an update.
Direct staff to join the State workgroup addressing the economic model associated with tobacco waste.
FRIENDLY AMENDMENT: Councilmember Cummings requested to include the following:
Establish a tobacco product waste task force consisting of the Health in All Policies (HiAP) Subcommittee, or an ad-hoc subcommittee if the current workload for the HiAP is too great, and interested committee stakeholders, which may include but is not limited to representatives of the Cigarette Surfboard, Save the Waves, Save Our Shores, Surfrider Foundation, Oceana, Santa Cruz County Tobacco Education and Prevention, and other interested stakeholders to work on banning the sale of single-use filtered tobacco cigarettes.
Convene the subcommittee (HIAP and/or the assigned ad-hoc committee), staff, and stakeholders group by no later than mid-November to begin discussions and establish a timeline for future meetings. Bring back an item to the Council by no later than the second meeting in February 2023 outlining a process and timeline for community outreach, stakeholder engagement, and ordinance development.
Vice Mayor Watkins did not accept.
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General Business (continued)
22. Single-Use Tobacco Waste (CM) (continued)
After discussion, Vice Mayor Watkins amended the motion to include the following:
Direct the HiAP Committee to review the Cigarette Surfboard recommendation, as well as the other recommendations presented in the agenda packet, at their November meeting.
Councilmember Meyers accepted.
FRIENDLY AMENDMENT: Mayor Brunner requested to direct the HiAP Committee to return in February with an outline and identified stakeholder groups who would be working with staff and the HiAP subcommittee that can work together on moving forward with this topic. Vice Mayor Watkins and Councilmember Meyers accepted.
SUBSTITUTE MOTION: Councilmember Cummings moved, seconded by Councilmember Brown, to:
Establish a tobacco product waste task force consisting of the Health in All Policies (HiAP) Subcommittee, or an ad-hoc subcommittee if the current workload for the HiAP is too great, and interested committee stakeholders, which may include but is not limited to reps of the Cigarette Surfboard, Save the Waves, Save Our Shores, Surfrider Foundation, Oceana, Santa Cruz County Tobacco Education and Prevention and other interested stakeholders to work on banning the sale of single-use filtered tobacco cigarettes.
Convene the subcommittee (HIAP and/or the assigned ad-hoc committee), staff, and stakeholder group by no later than mid-November to begin discussions and establish a timeline for future meetings. Bring back an item to the Council by no later than the second meeting in February 2023 outlining a process and timeline for community outreach, stakeholder engagement, and ordinance development.
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General Business (continued)
22. Single-Use Tobacco Waste (CM) (continued)
ACTION: The motion to accept the substitute 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.
ACTION: The original 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.
Oral Communications Announcement - The Mayor provided a brief announcement about Oral Communications.
Oral Communications
At 6:29 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.
Greta Mitchell spoke, requesting the time parking time limits surrounding the Santa Cruz High School be extended from 2 hours to 8 hours.
Milan spoke, requesting the street parking surrounding Santa Cruz High School be extended from a 2-hour limit to an 8-hour limit.
Unidentified person spoke regarding the rainbow pride flags flying outside the Civic Auditorium beyond the month of June.
Michelle Li spoke in support of a Historical Marker being installed on the Water Street Bridge honoring Francisco Arias and Jose Chamales.
Unidentified person spoke regarding installing a historical marker to acknowledge the lynching of Francisco Arias and Jose Chamales.
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Oral Communications (continued)
Unidentified person spoke regarding a caller using an antisemitic slur, and requested Council not allow this to continue moving forward.
Corinne Steven spoke regarding street parking near Santa Cruz High School.
Lucy Clow spoke regarding the street parking near Santa Cruz High School.
Robert Norse spoke regarding the Benchlands encampment.
Ray Diaz spoke regarding the lynching of Francisco Arias and Jose Chamales and requested the installation of the historical marker on the Water Street Bridge.
Zennon Ulyate-Crowe spoke regarding the installation of the community historical marker on the Water Street Bridge in memorial of Francisco Arias and Jose Chamales.
[Unintelligible] Wilkerson spoke regarding the installation of the community marker on the Water Street Bridge honoring Francisco Arias and Jose Chamales.
At 6:49 p.m. Mayor Brunner closed Oral Communications.
Mark Dettle responded to Councilmember questions.
MOTION: Councilmember Cummings moved, seconded by Councilmember Brown, to agendize an item prior to the December 13th meeting to address weekday parking issues around Santa Cruz High School.
ACTION: The motion carried with the following vote.
AYES: Councilmembers Golder, Cummings, Brown, Meyers; Vice Mayor Watkins; Mayor Brunner.
NOES: None.
ABSENT: Councilmember Kalantari-Johnson.
DISQUALIFIED: None.
Adjournment - The City Council adjourned at 6:59 p.m.
September 27, 2022 CITY COUNCIL MINUTES 6240
Respectfully Submitted:
Julia Wood, Deputy City Clerk Administrator
Attest:
Bonnie Bush, City Clerk Administrator
Approved:
Sonja Brunner, Mayor