City of Santa Cruz
809 Center Street
Santa Cruz, California 95060
MINUTES OF A CITY COUNCIL MEETING
October 11, 2022
1:30 PM
Mayor Brunner opened the City Council Closed Session at 1:32 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, Golder, Cummings, Brown, Meyers (via Zoom); Vice Mayor Watkins; Mayor Brunner.
Absent: None.
Staff: Assistant City Manager L. Schmidt, City Attorney T. Condotti, Finance Director E. Cabell, Director of Information Technology K. Morgan, Deputy City Clerk Administrator J. Wood, City Clerk Administrator B.
Bush.
Public Comment
Mayor Brunner opened the public comment period at 1:33 p.m. There were no speakers. Mayor Brunner closed the public comment period at 1:34 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 Legal Counsel – Liability Claims (Government Code §54956.95) 1) Claimant: Zoran Cica
2) Claimant: Santa Cruz Elks Lodge #824
Claims against the City of Santa Cruz
Council received a status report, took up under agenda item 20, and no reportable action was taken.
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Closed Session (continued)
2. Conference with Legal Counsel - Existing Litigation (Government Code §54956.9(d)(1))
Lopez, Alicia v. Mary McCoy, City of Santa Cruz
Santa Cruz Superior Court Case No. 18CV03301
By unanimous vote, Council authorized the City Attorney’s Office to file a writ of appeal in the 6th Appellate District, challenging the Superior Court’s recent decision denying a motion for summary judgment that the City Attorney’s Office filed.
3. Conference with Labor Negotiators (Government Code §54957.6) SEIU Temporary Employees
SEIU Service Employees
Supervisors, OE3
City Negotiator - Lisa Murphy
Council deferred discussion of this item to resume after the Council meeting adjourns.
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City of Santa Cruz
809 Center Street
Santa Cruz, California 95060
MINUTES OF THE ANNUAL MEETING OF THE
BOARD OF DIRECTORS OF THE INDUSTRIAL DEVELOPMENT AUTHORITY October 11, 2022
3:30 PM
Call to Order – at 3:30 p.m.
Roll Call
Present: Directors Kalantari-Johnson, Golder, Cummings, Brown, Meyers (via Zoom); Vice Chair Watkins; Chair Brunner.
Absent: None.
General Business
4. Election of Officers
MOTION: Director Golder moved, seconded by Director Brown, to elect new officers as set forth in Section 3.02 of the Industrial Development Authority bylaws as follows:
Executive Director: City Manager M. Huffaker
Chief Financial Officer: Director of Finance E. Cabell
Chair: Mayor Brunner
Vice Chair: Vice Mayor Watkins
Secretary/Treasurer: City Clerk Administrator B. Bush
ACTION: The motion carried unanimously with the following vote.
AYES: Directors Kalantari-Johnson, Golder, Cummings, Brown, Meyers; Vice Chair Watkins; Chair Brunner.
NOES: None.
ABSENT: None.
DISQUALIFIED: None.
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General Business (continued)
5. Minutes of the October 12, 2021 Industrial Development Authority (IDA) Chair Brunner opened the public comment period. There were no speakers.
Chair Brunner closed the public comment period.
MOTION: Director Brown moved, seconded by Director Golder, to approve as submitted.
ACTION: The motion carried unanimously with the following vote.
AYES: Directors Kalantari-Johnson, Golder, Cummings, Brown, Meyers; Vice Chair Watkins; Chair Brunner.
NOES: None.
ABSENT: None.
DISQUALIFIED: None.
Adjournment - The Industrial Development Authority adjourned at 3:35 p.m.
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City of Santa Cruz
809 Center Street
Santa Cruz, California 95060
MINUTES OF THE ANNUAL MEETING OF THE BOARD OF DIRECTORS OF
THE SANTA CRUZ PUBLIC IMPROVEMENT FINANCING CORPORATION October 11, 2022
At or around 3:35 PM
Call to Order – at 3:35 p.m.
Roll Call
Present: Directors Kalantari-Johnson, Golder, Cummings, Brown, Meyers (via Zoom); Vice President Watkins; President Brunner.
Absent: None.
General Business
6. Election of Officers
MOTION: Director Watkins moved, seconded by Director Cummings, to elect new officers as set forth in Section 3.02 of the Santa Cruz Public Improvement Financing Corporation bylaws as follows:
Executive Director: City Manager M. Huffaker
Chief Financial Officer: Director of Finance E. Cabell
President: Mayor Brunner
Vice President: Vice Mayor Watkins
Secretary/Treasurer: City Clerk Administrator B. Bush
ACTION: The motion carried unanimously with the following vote.
AYES: Directors Kalantari-Johnson, Golder, Cummings, Brown, Meyers; Vice President Watkins; President Brunner.
NOES: None.
ABSENT: None.
DISQUALIFIED: None.
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General Business (continued)
7. Minutes of the October 12, 2021 Santa Cruz Public Improvement Finance Corporation (SCPIFC)
President Brunner opened the public comment period. There were no speakers. President Brunner closed the public comment period.
MOTION: Director Meyers moved, seconded by Director Cummings, to approve as submitted.
ACTION: The motion carried unanimously with the following vote.
AYES: Directors Kalantari-Johnson, Golder, Cummings, Brown, Meyers; Vice President Watkins; President Brunner.
NOES: None.
ABSENT: None.
DISQUALIFIED: None.
Adjournment - The Santa Cruz Public Improvement Financing Corporation adjourned at 3:39 p.m.
October 11, 2022 CITY COUNCIL MINUTES 6247
City of Santa Cruz
809 Center Street
Santa Cruz, California 95060
MINUTES OF A CITY COUNCIL MEETING
October 11, 2022
At or around 3:40 PM
Call to Order – Mayor Brunner called the meeting to order at 3:39 p.m. in Council Chambers.
Roll Call
Present: Councilmembers Kalantari-Johnson, Golder, 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, Water Director R. Menard, Director of Public Works M. Dettle (via Zoom), Chief of Police B. Escalante (via Zoom), Director of Planning and Community Development L. Butler (via Zoom), Director of Information Technology K. Morgan (via Zoom), Fire Chief R.
Oatey (via Zoom), Director of Parks and Recreation T. Elliot (via Zoom), Deputy City Manager/Human Resources Director L. Murphy (via Zoom), Assistant Director of Public Works/City Engineer N. Nguyen (via Zoom), Deputy City Clerk Administrator J. Wood, City Clerk Administrator B.
Bush.
Presentations
8. Santa Cruz Mountains Trail Stewardship (SCMTS) Summer Youth Trail Crew Accomplishments
Emma Ussat, Trails Program Manager of Santa Cruz Mountains Trail Stewardship, gave a presentation highlighting the accomplishments of the Summer Youth Trail Crew.
9. Pure Water Soquel Project Update - Soquel Creek Water District Melanie Mow Schumacher with the Soquel Creek Water District gave a presentation providing an update of the Pure Water Soquel Project.
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Presiding Officer's Announcements
Statements of Disqualification – None.
Additions and Deletions – City Clerk Administrator B. Bush reminded Council that item 21 was removed from the agenda and would not be discussed. There were no other additions or deletions.
City Attorney Report on Closed Session – See pages 6241—6242 for the report.
City Manager Report
10. The Assistant City Manager provided a report and updates on the City's business and events of interest.
Assistant City Manager L. Schmidt gave a presentation providing an update on the San Lorenzo Park restoration and Benchlands encampment closures, Water Street Bridge remembrance, the Fire Department’s Wildfire Resiliency Outreach and Education, the Santa Cruz Downtown Farmer’s Market, and upcoming affordable housing projects. Deputy City Manager/Human Resources Director L. Murphy responded to Councilmember questions.
Council Meeting Calendar
11. The City Council reviewed and did not revise the meeting calendar attached to the agenda.
Consent Agenda
Councilmember Brown pulled item 15 for further discussion.
Vice Mayor Watkins and Councilmembers Cummings and Kalantari-Johnson made comments on item 18.
Assistant Director of Public Works/City Engineer N. Nguyen responded to Councilmember Brown’s questions on item 23.
Mayor Brunner opened the public comment period. The following people spoke:
Unidentified person spoke regarding item 12.
Unidentified person spoke regarding item 12.
Unidentified person spoke regarding item 19.
Mayor Brunner closed the public comment period.
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Consent Agenda (continued)
MOTION: Vice Mayor Watkins moved, seconded by Councilmember Cummings, 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.
12. Resolution Extending the Emergency Declaration in Connection with the COVID19 Pandemic by Sixty (60) Days (CA) Resolution No. NS-30,047 was adopted extending by sixty days the Declaration of Emergency in connection with the COVID-19 pandemic.
13. Resolution Extending the Emergency Declaration in Connection with the CZU August Lightning Complex Fire by Sixty (60) Days (CA)
Resolution No. NS-30,048 was adopted extending by sixty days the Local Emergency Declaration in connection with the CZU August Lightning Complex Fire.
14. Resolution Authorizing the City to Continue Teleconferenced Public Meetings Pursuant to Assembly Bill 361 (CA)
Resolution No. NS-30,049 was adopted authorizing legislative bodies of the City of Santa Cruz to continue the use of teleconferenced meetings pursuant to Assembly Bill 361.
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At this time Mayor Brunner heard Oral Communications.
Consent Agenda (continued)
15. Resolution Rescinding all but the Uncontested Portions of the Santa Cruz Wharf Master Plan and Environmental Impact Report (CA)
City Attorney T. Condotti responded to Councilmember questions.
Mayor Brunner opened the public comment period. The following people spoke.
Gillian Greensite
John Aird
Mayor Brunner closed the public comment period.
MOTION: Vice Mayor Watkins moved, seconded by Councilmember Golder, to adopt Resolution No. NS-30,050 rescinding the Santa Cruz Wharf Master Plan and Environmental Impact Report in Resolution Nos. NS-29,747 and NS-29,748 with the following amendments:
From:
WHEREAS, the court has ordered that the City to rescind its approval of Resolution No. NS-29,747 and Resolution No. NS-29,748 as it pertains to all but the uncontested components memorialized in the Peremptory Writ of Mandamus.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Cruz, that Resolution Nos. NS-29,747 and NS-29,748 are hereby rescinded, but for the uncontested components memorialized in the Peremptory Writ of Mandamus which shall remain in full force and effect.
To:
WHEREAS, the court has ordered that the City rescind its approval of Resolution No. NS-29,747 and Resolution No. NS-29,748.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Cruz, that Resolution Nos. NS-29,747 and NS-29,748 are hereby rescinded.
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Consent Agenda (continued)
15. Resolution Rescinding all but the Uncontested Portions of the Santa Cruz Wharf Master Plan and Environmental Impact Report (CA) (continued) SUBSTITUTE MOTION: Councilmember Brown moved, seconded by Councilmember Cummings, to:
Adopt Resolution No. NS-30,050 rescinding the Santa Cruz Wharf Master Plan and Environmental Impact Report in Resolution Nos. NS-29,747 and NS29,748 with the amendments stated in the original motion; and Direct staff to issue a Notice of Preparation (NOP) and hold a scoping meeting as part of the circulation of the new Environmental Impact Report.
Director of Economic Development B. Lipscomb responded to Councilmember questions.
ACTION: The substitute 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.
FRIENDLY AMENDMENT: Councilmember Golder requested to include one or more community outreach meetings to receive additional public input on the Wharf Master Plan within the 45-day comment period while the Environmental Impact Report is being recirculated. Vice Mayor Watkins accepted.
MOTION TO AMEND: Councilmember Cummings moved, seconded by Councilmember Brown, to agendize a discussion about the elements of the Wharf Master Plan for a future meeting for community discussion prior to the 45-day notice of release of the draft Environmental Impact Report.
ACTION: The motion to amend was not accepted with the following vote.
AYES: Councilmembers Cummings, Brown; Mayor Brunner.
NOES: Councilmembers Kalantari-Johnson, Golder, Meyers; Vice Mayor Watkins.
ABSENT: None.
DISQUALIFIED: None.
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Consent Agenda (continued)
15. Resolution Rescinding all but the Uncontested Portions of the Santa Cruz Wharf Master Plan and Environmental Impact Report (CA) (continued) ACTION: The original motion, as amended, 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.
Councilmember Cummings stated for the record that he tried to provide as much opportunity for community engagement and his hope is that people will have the opportunity to weigh-in during this 45-day period before the notice of release of the draft EIR.
Staff Direction:
Councilmember Brown requested the City Attorney provide a report of the cost to the City to absorb the two-year delay and for the legal support to defend the lawsuit.
16. Minutes of the September 22, 2022 City Council Special Meeting (CC) Motion carried to approve as submitted.
17. Minutes of the September 27, 2022 City Council Meeting (CC) Motion carried to approve as submitted.
18. Resolution Supporting the Rights of the People of Iran to Free Expression and Standing in Solidarity with the Women and People of Iran (CN) Resolution No. NS-30,051 was adopted supporting the women and people of Iran and their rights to free expression.
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Consent Agenda (continued)
19. State Permanent Local Housing Allocation (PLHA) Commitment (ED) Resolution No. NS-30,052 was adopted to commit funding from the California State Department of Housing and Community Development (“HCD”) Permanent Local Housing Allocation (PLHA) Program funds in the amount of $676,239 for land acquisition for the Pacific Station South affordable housing project, authorize Economic Development to submit the request for funds (RFF), and authorize the City Manager or Economic Development Director to execute related PLHA documents.
20. Liability Claims Filed Against the City of Santa Cruz (FN) Motion carried to reject the liability claim of a) Zoran Cica; and to return as late the claim of b) Santa Cruz Elks Lodge #824, based on staff recommendation.
21. SEIU Local 521 Tentative Agreement for a Successor Memorandum of Understanding (HR)
This item was removed from the agenda prior to the meeting and was not discussed.
22. Resource Recovery Facility Household Hazardous Waste Collection Facility Upgrade (c402202) – Notice of Completion (PW)
Motion carried to accept the work of Atlantis Paving and Grading (Scotts Valley, CA) as completed per the plans and specifications and authorize the filing of the Notice of Completion for the Resource Recovery Facility Household Hazardous Waste Collection Facility Upgrade (c402202).
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Consent Agenda (continued)
23. HSIP10: Unsignalized Crossing Improvement Project (c402215) – Advertise for Bids and Award Contract (PW)
Motion carried to approve the plans and specifications for the HSIP10:
Unsignalized Crossing Improvement Project (c402215) 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.
End Consent Agenda
Oral Communications Announcement - The Mayor provided a brief announcement about Oral Communications.
Oral Communications
At 5:16 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 the upcoming election and ballot measures.
Becky Steinbruner spoke regarding water being transported over the San Lorenzo River, and the upcoming project at 908 Ocean Street.
Unidentified person spoke regarding the Benchlands Encampment.
Unidentified person spoke regarding the “Occupy” movement and homelessness.
At 5:28 p.m. Mayor Brunner closed Oral Communications.
At this time, Mayor Brunner returned to hear item 15.
Adjournment - The City Council adjourned at 6:49 p.m. to Closed Session.
RESPECTFULLY SUBMITTED: ss/Julia Wood, Deputy City Clerk Administrator, ATTEST: ss/Bonnie Bush, City Clerk Administrator, APPROVED: ss/Sonja Brunner, Mayor.