City of Santa Cruz
809 Center Street
Santa Cruz, California 95060
MINUTES OF A CITY COUNCIL MEETING
October 25, 2022
11:30 AM
Mayor Brunner opened the City Council Closed Session at 11:31 a.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 (via Zoom), Meyers; Vice Mayor Watkins; Mayor Brunner.
Absent: None.
Staff: City Manager M. Huffaker, Assistant City Manager L. Schmidt, City Attorney T. Condotti, Finance Director E. Cabell, 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 11:32 a.m. There were no speakers. Mayor Brunner closed the public comment period at 11:33 a.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 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))
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 from the City Attorney’s Office, and took no reportable action.
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City of Santa Cruz
809 Center Street
Santa Cruz, California 95060
MINUTES OF A CITY COUNCIL MEETING
October 25, 2022
1:00 PM
Call to Order – Mayor Brunner called the meeting to order at 1:09 p.m. in Council Chambers.
Roll Call
Present: Councilmembers Kalantari-Johnson, Golder, Cummings, Brown (via Zoom), Meyers; Vice Mayor Watkins; Mayor Brunner.
Absent: None.
Staff: City Manager M. Huffaker, Assistant City Manager L. Schmidt (via Zoom), City Attorney T. Condotti, Director of Economic Development B.
Lipscomb (via Zoom), Finance Director E. Cabell (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), Sustainability and Climate Action Manager T. Wise-West, Principal Management Analyst L. Bass (via Zoom), Director of Planning and Community Development L. Butler (via Zoom), Deputy City Clerk Administrator J. Wood, City Clerk Administrator B. Bush.
Presentations
3. Annual Climate Adaptation Plan Progress Update
Sustainability and Climate Action Manager T. Wise-West gave a presentation and responded to Councilmember questions.
Presiding Officer's Announcements
Statements of Disqualification – None.
Additions and Deletions – None.
City Attorney Report on Closed Session – See pages 6256—6257 for the report.
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Council Meeting Calendar
4. The City Council reviewed and did not revise the meeting calendar attached to the agenda.
Council Memberships in City Groups and Outside Agencies
5. The Presiding Officer provided Councilmembers with the opportunity to update Council on any external committee meetings that occurred since the last Council meeting.
Councilmember Brown: Santa Cruz County Regional Transportation Commission (RTC), Association of Monterey Bay Area Governments (AMBAG), Monterey Bay Air Resources District (MBARD), and Area Agency on Aging (AAA).
Councilmember Kalantari-Johnson: Santa Cruz Metropolitan Transit District Board (METRO).
Vice Mayor Watkins: Santa Cruz Community Farmers’ Market.
Mayor Brunner: Homelessness 2x2 Committee.
Consent Agenda
City Clerk Administrator B. Bush responded to Councilmember Brown’s question regarding item 7.
Mayor Brunner opened the public comment period. The following people spoke:
James Ewing spoke regarding item 6.
Unidentified person spoke regarding item 9.
Mayor Brunner closed the public comment period.
MOTION: Councilmember Meyers moved, seconded by Councilmember Golder, to approve the 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)
6. Resolution Authorizing the City to Continue Teleconferenced Public Meetings Pursuant to Assembly Bill 361 (CA)
Resolution No. NS-30,053 was adopted authorizing legislative bodies of the City of Santa Cruz to continue the use of teleconferenced meetings pursuant to Assembly Bill 361.
7. Minutes of the October 11, 2022 City Council Meeting (CC) Motion carried to approve as submitted.
8. Coastal Conservancy Vegetation Management/Equipment Purchase - Grant Acceptance, Authorization and Appropriation (FD)
Motion carried to:
Adopt Resolution No. NS-30,054 authorizing the City Manager to apply for, accept, and appropriate funds from the Coastal Conservancy Vegetation Management/Equipment Purchase Grant to conduct vegetation management activities in the Pogonip/Arana Gulch open spaces; and Adopt Resolution No. NS-30,055 amending the FY 2023 Fire Department budget to appropriate $219,499 to hire a contractor to perform vegetation management activities in the Pogonip/Arana Gulch open spaces and purchase a chipper and masticator blade attachment.
9. Greenwaste, Wood Waste, and Construction and Demolition Material Grinding Service – Change Order (PW)
Motion carried to approve a change order with Vision Recycling (Fremont, CA), for providing greenwaste, wood waste, and construction and demolition grinding services at the Resource Recovery Facility. The City Manager is hereby authorized and directed to execute the change order in a form approved by the City Attorney. The Public Works Director is authorized to execute change orders within the approved budget.
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Consent Agenda (continued)
10. 3 Water Cogeneration Cooling Line Replacement (c401407) – Notice of Completion (PW)
Motion carried to accept the work of ACCO Engineered Systems, Inc. (Pasadena, CA) and authorize the filing of the Notice of Completion for 3 Water Cogeneration Cooling Line Replacement (c401407).
11. Operation and Maintenance Agreement with the Soquel Creek Water District for the Operation and Maintenance of the Pure Water Soquel Project Facilities located at the City of Santa Cruz Regional Wastewater Treatment Facility (PW) Motion carried authorizing the City Manager to execute an Operation and Maintenance Agreement between the City of Santa Cruz and Soquel Creek Water District (Soquel, CA) for the Operation and Maintenance of the Pure Water Soquel Project Facilities located at the Santa Cruz Regional Wastewater Treatment Facility, in a form acceptable to the City Attorney.
12. Approval of Plans and Specifications for the Rodriguez Street Water Main Relocation Project and Ratify Construction Contract with Anderson Pacific Engineering – Budget Adjustment (WT)
Motion carried to:
Approve the plans and specifications for the Rodriguez Street Water Main Relocation Project (c700003); and
Ratify the Construction Contract for the Rodriguez Street Water Main Relocation Project with Anderson Pacific Engineering Construction, Inc. (Santa Clara, CA) in the amount of $224,026 and authorize the Water Director to execute change orders within the approved project budget; and Adopt Resolution No. NS-30,056 amending the FY 2023 budget to transfer $225,000 within the Water Department's Capital Investment Program (CIP) from project c701507, Main Replacements - Distribution Section, to project c700003, Main Replacements - Outside Agency.
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Consent Agenda (continued)
13. Dudek Master Service Agreement for California Environmental Quality Act Compliance and Environmental Permitting: First Amendment (WT) Motion carried authorizing the City Manager to execute with Dudek (Santa Cruz, CA) the Master Service Agreement, in a form to be approved by the City Attorney, for California Environmental Quality Act Compliance and Environmental Permitting: First Amendment, authorizing a revised fee schedule and extending the term of the contract, and to authorize the Water Director to execute future Master Service Agreement renewals and amendments per the agreement.
End Consent Agenda
Consent Public Hearings
Mayor Brunner opened the public comment period. There were no speakers. Mayor Brunner closed the public comment period.
MOTION: Vice Mayor Watkins moved, seconded by Councilmember KalantariJohnson, 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.
14. Tri-Annual, 2022 Building Standards Code Adoption, Consistent with the State Building Standards Commission and the International Code Council Tri-Chapter Uniform Code Committee Amendments through Introduction of an Ordinance Amending Building Regulations Contained in Title 18 of the Santa Cruz Municipal Code and Adopting the California Code of Regulations Title 24, 2022 Building Standards Code to Establish Minimum Requirements to Safeguard Public Health, Life, Safety and General Welfare (PL)
Introduce for publication Ordinance No. 2022-13 amending Title 18 of the Municipal Code and adopting the 2022 editions of the California Building Standards Code, California Code of Regulations Title 24, Parts 1, 2, 2.5, 3, 4, 5, 6, 8, 10, 11, and 12, including referenced appendices, amendments, and modifications.
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Consent Public Hearings (continued)
15. Adoption of the 2022 Edition of the California Fire Code and Fire Code Standards, Including Annual Supplements and State Amendments and Errata (FD)
Introduce for publication Ordinance No. 2022-14 to (1) amend Santa Cruz Municipal Code Chapter 19.05 to adopt and incorporate by reference the 2022 edition of the California Fire Code and make other amendments; and (2) amend Santa Cruz Municipal Code Chapter 19.10.
General Business
16. Youth Well-being Snapshot – Status Update (PR)
Director of Parks and Recreation T. Elliot, Councilmembers Kalantari-Johnson and Golder, Vice Mayor Watkins, and Chris Alonso, Youth Action Network Coordinator with United Way, spoke and responded to Councilmember questions.
Principal Management Analyst L. Bass responded to Councilmember questions.
The City Council took a break at 2:47 p.m. and returned at 4:30 p.m. 4:30 PM
Oral Communications Announcement - The Mayor provided a brief announcement about Oral Communications.
Oral Communications
At 4:31 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.
James Ewing spoke regarding the contents in his thermos, the Fabian Society, and detoxing.
Unidentified person spoke in support of Measure O.
Unidentified person spoke regarding voting guides and various measures on the ballot.
Unidentified person spoke regarding a tree cutting permit notice.
Unidentified person spoke regarding the Water Street Bridge memorial.
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Oral Communications (continued)
Unidentified person spoke regarding the Downtown Library Project and with concerns for the state of downtown.
Jason Lopez spoke regarding 180 Dakota Ave and the new fencing they had to install due to the Benchlands encampment.
Unidentified person spoke regarding saving the heritage trees on lot 4 and in support of Measure O.
Joy Wood spoke in support of Measure O.
Elise spoke regarding the Wharf Master Plan, and in support of Measure O.
Monoshari spoke regarding cycling and making Santa Cruz safer for cyclists.
Jane Doyle spoke regarding homelessness and the $14 million the City of Santa Cruz received.
At 4:55 p.m. Mayor Brunner closed Oral Communications.
Recess - The City Council recessed at 5:04 p.m. to the 6:00 p.m. session.
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City Council
6:00 PM
Call to Order – Mayor Brunner called the meeting to order at 6:01 p.m. in Council Chambers.
Roll Call
Present: Councilmembers Kalantari-Johnson, Golder, Cummings, Brown (via Zoom), Meyers; Vice Mayor Watkins; Mayor Brunner.
Absent: None.
Staff: City Manager M. Huffaker, Assistant City Manager L. Schmidt (via Zoom), City Attorney T. Condotti, Director of Economic Development B.
Lipscomb (via Zoom), Finance Director E. Cabell (via Zoom), Director of Information Technology K. Morgan (via Zoom), Director of Planning and Community Development L. Butler (via Zoom), Fire Chief R. Oatey (via Zoom), Economic Development Manager R. Unitt (via Zoom), Assistant Director of Public Works/City Engineer N. Nguyen (via Zoom), Acting Division Chief-Prevention/Fire Marshal T. Shields (via Zoom), Deputy City Clerk Administrator J. Wood, City Clerk Administrator B. Bush.
General Business
17. Permanent Outdoor Dining Program Update: First Reading of Parklet Ordinance for Public On-Street Parking Spaces (ED)
Director of Economic Development B. Lipscomb introduced the item and responded to Councilmember questions.
Economic Development Manager R. Unitt gave a presentation and responded to Councilmember questions.
Mayor Brunner opened the public comment period. The following people spoke.
Ian McCrae
Enda Brennan
Unidentified person
Alex
Elise Casby
Alexis Carr
Maya Zohara
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General Business (continued)
17. Permanent Outdoor Dining Program Update: First Reading of Parklet Ordinance for Public On-Street Parking Spaces (ED) (continued)
Public Comment Period (continued)
Peter Bichier
Sandra
Max
Mayor Brunner closed the public comment period.
MOTION: Councilmember Cummings moved, seconded by Councilmember Golder, to:
1) Establish an outdoor dining subcommittee to work with staff and community stakeholders on issues and concerns related to temporary and permanent outdoor dining.
2) Direct staff to return to Council no later than the second Council meeting in February 2023 with the Parklet Guidelines and Parklet Fee Schedule, and an ordinance establishing a permanent parklet program citywide for adoption, and
3) Direct subcommittee to work with staff and community stakeholders to explore extending forgivable loans to businesses on private property. 4) In coordination with the subcommittee and community stakeholders, direct staff to coordinate with the Coastal Commission and process a Coastal Permit to authorize the implementation of the Parklet Ordinance for the construction, use, or operation of parklets within the coastal zone under Chapter 5.83 of the Santa Cruz Municipal Code (SCMC); and 5) Direct staff to initiate the process of repealing SCMC Section 24.10.2341 “Outdoor Curb Extension Area” pursuant to SCMC Chapter 24.06.
After discussion, Councilmember Cummings restated number 2 to read:
2) Direct staff to return to Council no later than the second Council meeting in February 2023, with the Parklet Guidelines and Parklet Fee Schedule.
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General Business (continued)
17. Permanent Outdoor Dining Program Update: First Reading of Parklet Ordinance for Public On-Street Parking Spaces (ED) (continued)
ACTION: The motion carried unanimously with the following vote.
AYES: Councilmembers Kalantari-Johnson, Golder, Cummings, Brown, Meyers; Vice Mayor Watkins; Mayor Brunner.
NOES: None.
ABSENT: None.
DISQUALIFIED: None.
MOTION: Vice Mayor Watkins moved, seconded by Councilmember Kalantari-Johnson, to introduce for publication Ordinance No. 2022-15 establishing a permanent parklet program citywide.
Councilmember Cummings stated for the record while he is supportive for having this kind of ordinance, he won’t be supportive of this motion as he thinks it would be in the best interest of the community since he knows a lot of community members would like to weigh in before Council takes action.
ACTION: The 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.
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General Business (continued)
18. Permanent Outdoor Dining Program Update: Private Property Permitting (ED) Economic Development Manager R. Unitt gave a presentation and responded to Councilmember questions.
Mayor Brunner opened the public comment period. The following people spoke.
Unidentified person
Karen Madura
Unidentified person
Unidentified person
Unidentified person
Mayor Brunner closed the public comment period.
MOTION: Vice Mayor Watkins moved, seconded by Councilmember Cummings, to direct staff to make the necessary revisions to the municipal code for future Council consideration in early 2023 to develop a streamlined permit for private property outdoor dining, and direct staff to continue to work with Coastal Commission staff to allow for the construction, use, or operation of permanent outdoor dining on private property within the coastal zone.
FRIENDLY AMENDMENT: Councilmember Cummings requested to include direction to staff to work with the subcommittee and stakeholders to make the necessary revisions. Vice Mayor Watkins accepted.
ACTION: The motion carried as amended, 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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General Business (continued)
19. Permanent Outdoor Dining Program Update: First Reading of an Ordinance Amending Uncodified Ordinance 2020-27 Extending Temporary Use of Certain Adjacent Public Street and Outdoor Areas for Eligible Businesses (ED) Economic Development Manager R. Unitt gave a presentation and responded to Councilmember questions.
Assistant Director of Public Works/City Engineer N. Nguyen and Acting Division Chief-Prevention/Fire Marshal T. Shields spoke.
Mayor Brunner opened the public comment period. The following people spoke.
Unidentified person
Unidentified person
Mayor Brunner closed the public comment period.
MOTION: Councilmember Meyers moved, seconded by Vice Mayor Watkins, to:
1) Introduce for publication Ordinance No. 2022-16 amending uncodified Ordinance No. 2020-27 extending temporary use of certain adjacent public street and outdoor areas for eligible businesses that:
a) Extends the temporary period for commercial use in the public right-ofway, currently set to expire the end of this December through October 31, 2023; and
b) Extends the temporary period for commercial use on private property from the end of this December through March 31, 2024; and c) Extends the expiration date to March 31, 2023 for the partial closure of Cathcart Street; and
2) Direct staff to work with business and property owners to assess design to accommodate public safety and two-way traffic on Cathcart Street.
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General Business (continued)
19. Permanent Outdoor Dining Program Update: First Reading of an Ordinance Amending Uncodified Ordinance 2020-27 Extending Temporary Use of Certain Adjacent Public Street and Outdoor Areas for Eligible Businesses (ED) (continued)
FRIENDLY AMENDMENT: Councilmember Cummings requested to amend the motion to change extension dates to March 31, 2024. Councilmember Meyers did not accept.
MOTION TO AMEND: Councilmember Cummings moved, seconded by Councilmember Brown, to:
1) Introduce for publication Ordinance No. 2022-16 amending uncodified Ordinance No. 2020-27 extending temporary use of certain adjacent public street and outdoor areas for eligible businesses that:
a) Extends the temporary period for commercial use in the public right-ofway, currently set to expire the end December 2022 through March 31, 2024.
b) Extends the temporary period for commercial use on private property from the end of this December through March 31, 2024; and c) Extends the expiration for the partial closure of Cathcart Street to March 31, 2024.
2) Direct staff to work with business and property owners to assess design to accommodate public safety and two-way traffic on Cathcart Street.
ACTION: The motion to amend 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.
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General Business (continued)
19. Permanent Outdoor Dining Program Update: First Reading of an Ordinance Amending Uncodified Ordinance 2020-27 Extending Temporary Use of Certain Adjacent Public Street and Outdoor Areas for Eligible Businesses (ED) (continued)
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.
Adjournment - The City Council adjourned at 9:38 p.m.
RESPECTFULLY SUBMITTED: ss/Julia Wood, Deputy City Clerk Administrator, ATTEST: ss/Bonnie Bush, City Clerk Administrator, APPROVED: ss/Sonja Brunner, Mayor.