City of Santa Cruz
809 Center Street
Santa Cruz, California 95060
MINUTES OF A CITY COUNCIL MEETING
January 10, 2023
12:30 PM
Mayor Keeley opened the City Council Closed Session at 12:31 p.m. in a public meeting via Zoom and in Council Chambers, for the purpose of announcing the agenda, and receiving public testimony.
Roll Call
Present: Councilmembers Newsome, Brown, Watkins, Brunner, KalantariJohnson; Vice Mayor Golder (via Zoom); Mayor Keeley.
Absent: None.
Staff: City Manager M. Huffaker, Assistant City Manager L. Schmidt, City Attorney T. Condotti, Deputy City Manager/Director of Human Resources L. Murphy, Deputy City Clerk Administrator J. Wood, City Clerk Administrator B. Bush.
Public Comment
Mayor Keeley opened the public comment period at 12:32 p.m. There were no speakers. Mayor Keeley closed the public comment period at 12:33 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) Police Officers Association
Police Management Association
SEIU Temporary Employees
SEIU Service Employees
City Negotiator – Lisa Murphy
Council received a status report from the City Negotiator, and no reportable action was taken.
January 10, 2023 CITY COUNCIL MINUTES 6329
Closed Session (continued)
2. Conference with Legal Counsel - Existing Litigation (Government Code §54956.9(d)(1))
1) City of Santa Cruz v Service Employees International Union, Local 521, PERB Unfair Practice Charge No: SF-CO-511-M
2) Grant Park Neighborhood Association Advocates, et al., v. California Department of Public Health, et al.
3rd Appellate District No. C095659 (potential amicus support) Council received a status report, gave direction, and took no reportable action on item 2.1.
Vice Mayor Golder recused herself from discussion of item 2.2 and Council voted 5 to 1, with Councilmember Brown voting no, to direct the City Attorney’s Office to prepare an amicus brief in support of the plaintiffs and appellants.
3. Conference With Legal Counsel – Liability Claims (Government Code §54956.95) 1) Claimant: Koen Hian Liem
2) Claimant: Liberty Mutual Insurance
3) Claimant: Robert Fleck
4) Claimant: Leanne N. Hunter
Claims against the City of Santa Cruz
Council received a status report, took up under agenda item 13, and no reportable action was taken.
4. Public Employee Performance Evaluation/Conference with Labor Negotiators (Government Code §54957, §54957.6)
Unrepresented employee: City Manager
Agency designated representative: City Attorney
Council received a status report, and no reportable action was taken.
January 10, 2023 CITY COUNCIL MINUTES 6330
City of Santa Cruz
809 Center Street
Santa Cruz, California 95060
MINUTES OF A CITY COUNCIL MEETING
January 10, 2023
2:15 PM
Call to Order – Mayor Keeley called the meeting to order at 2:20 p.m. in Council Chambers.
Roll Call
Present: Councilmembers Newsome, Brown, Watkins, Brunner, KalantariJohnson; Vice Mayor Golder; Mayor Keeley.
Absent: None.
Staff: City Manager M. Huffaker, Assistant City Manager L. Schmidt (via Zoom), City Attorney T. Condotti, Finance Director E. Cabell, Fire Chief R.
Oatey, Chief of Police B. Escalante (via Zoom), Director of Economic Development B. Lipscomb (via Zoom), Director of Planning and Community Development L. Butler (via Zoom), Director of Public Works N. Nguyen (via Zoom), Director of Parks and Recreation T. Elliot (via Zoom), Deputy Water Director/Water Engineering Manager H.
Luckenbach (via Zoom), Senior Professional Engineer J. Spangrud, Sustainability and Climate Action Manager T. Wise-West, Deputy City Clerk Administrator J. Wood, City Clerk Administrator B. Bush.
At this time Mayor Keeley heard the City Attorney’s Report on Closed Session.
Presiding Officer's Announcements
Statements of Disqualification – Councilmember Brunner announced she is recusing herself from items 24.1 and 24.2 in an abundance of caution as these items have an impact on her employer, the Downtown Association.
Additions and Deletions – City Clerk Administrator B. Bush called on Deputy Water Director/Water Engineering Manager H. Luckenbach to provide the Council with information regarding a need to add an emergency item to the agenda.
City Attorney T. Condotti spoke.
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Additions and Deletions (continued)
Mayor Keeley opened the public comment period. There were no speakers. Mayor Keeley closed the public comment period.
MOTION: Councilmember Watkins moved, seconded by Councilmember Brunner, to add an item to the agenda to authorize the emergency procurement of goods, materials, and construction services, specifically related to Federal Emergency Management Agency (FEMA) requirements in response to the December 2022 and January 2023 storm events.
ACTION: The motion carried unanimously with the following vote.
AYES: Councilmembers Newsome, Brown, Watkins, Brunner, KalantariJohnson; Vice Mayor Golder; Mayor Keeley.
NOES: None.
ABSENT: None.
DISQUALIFIED: None.
City Attorney Report on Closed Session – See pages 6328—6329 for the report.
Council Meeting Calendar
5. The City Council did not review nor revise the meeting calendar attached to the agenda.
Consent Agenda
Councilmember Watkins pulled items 7 and 14 for further discussion.
Councilmember Brown pulled item 12 for further discussion.
Councilmember Brunner made a comment on item 15.
Senior Professional Engineer J. Spangrud responded to Councilmember Brunner’s questions regarding item 18.
Mayor Keeley opened the public comment period. The following people spoke:
Linda Marin spoke regarding item 20.
Unidentified person spoke regarding item 11.
Mayor Keeley closed the public comment period.
January 10, 2023 CITY COUNCIL MINUTES 6332
Consent Agenda (continued)
MOTION: Councilmember Watkins moved, seconded by Councilmember Brunner, to approve the remaining Consent Agenda.
ACTION: The motion carried unanimously with the following vote.
AYES: Councilmembers Newsome, Brown, Watkins, Brunner, KalantariJohnson; Vice Mayor Golder; Mayor Keeley.
NOES: None.
ABSENT: None.
DISQUALIFIED: None.
6. Resolution Authorizing the City to Continue Teleconferenced Public Meetings Pursuant to Assembly Bill 361 (CA)
Resolution No. NS-30,084 was adopted authorizing legislative bodies of the City of Santa Cruz to continue the use of teleconferenced meetings pursuant to Assembly Bill 361.
7. Resolution Declaring the Existence of a State of Emergency Arising from December 2022 and January 2023 Winter Storms (CA/CM)
Mayor Keeley opened the public comment period. There were no speakers.
Mayor Keeley closed the public comment period.
MOTION: Councilmember Watkins moved, seconded by Councilmember Newsome, to adopt Resolution No. NS-30,085 declaring the existence of a state of emergency arising from December 2022 and January 2023 winter storms with the following amendments as previously presented to Council:
From:
WHEREAS, Santa Cruz Municipal Code section 2.20.030 empowers the City Manager, as the director of emergency services, to proclaim the existence or threatened existence of a local emergency when the City is affected or likely to be affected by a public calamity; and To:
WHEREAS, Santa Cruz Municipal Code section 2.20.030 empowers the City Manager, as the director of emergency services, to proclaim the existence or threatened existence of a local emergency when the City is affected or likely to be affected by a public calamity, subject to confirmation by the City Council at the earliest practicable time; and January 10, 2023 CITY COUNCIL MINUTES 6333
Consent Agenda (continued)
7. Resolution Declaring the Existence of a State of Emergency Arising from December 2022 and January 2023 Winter Storms (CA/CM) (continued) MOTION (continued):
From:
WHEREAS, in light of the foregoing and pursuant to his authority as Emergency Services Director, on January 4, 2023, the City Manager declared the existence of a local emergency.
To:
WHEREAS, in light of the foregoing and pursuant to his authority as Emergency Services Director, on January 4, 2023, the City Manager declared the existence of a local emergency (the “Emergency Proclamation”).
From:
A. The City Council hereby declares that a local emergency, as defined in Government Section 8558(c), Public Contract Code Section 1102 and City of Santa Cruz Municipal Code Section 2.20.020, now exists in the City of Santa Cruz and has existed since on or around December 31, 2022 at 12:00 AM.
To:
A. The City Council hereby declares that a local emergency, as defined in Government Section 8558(c), Public Contract Code Section 1102 and City of Santa Cruz Municipal Code Section 2.20.020, now exists in the City of Santa Cruz and has existed since on or around December 31, 2022 at 12:00 AM, confirms and ratifies the January 4, 2023 Emergency Proclamation, and authorizes and directs the City Manager to undertake the actions and measures described therein to mitigate the existence of the local emergency.
ACTION: The motion carried unanimously with the following vote.
AYES: Councilmembers Newsome, Brown, Watkins, Brunner,
Kalantari-Johnson; Vice Mayor Golder; Mayor Keeley.
NOES: None.
ABSENT: None.
DISQUALIFIED: None.
January 10, 2023 CITY COUNCIL MINUTES 6334
Consent Agenda (continued)
7a. Resolution to Procure Goods, Materials, Supplies, and Services During the Existence of a Local Emergency Arising from December 2022 and January 2023 Winter Storms (CA/CM)
MOTION: Councilmember Watkins moved, seconded by Councilmember Newsome, to adopt Resolution No. NS-30,086 authorizing emergency procurement of goods, materials, supplies, general services, professional services, and construction services during the existence of a local emergency arising from December 2022 and January 2022 winter storms.
ACTION: The motion carried unanimously with the following vote.
AYES: Councilmembers Newsome, Brown, Watkins, Brunner,
Kalantari-Johnson; Vice Mayor Golder; Mayor Keeley.
NOES: None.
ABSENT: None.
DISQUALIFIED: None.
8. Resolution Extending Emergency Declaration in Connection with COVID-19 Pandemic by Sixty (60) Days (CA)
Resolution No. NS-30,087 was adopted extending by sixty days the Declaration of Emergency in connection with the COVID-19 pandemic and proclaiming the Declaration of Emergency terminated thereafter.
9. Commission for the Prevention of Violence Against Women Appointment (CC) Motion carried to approve Councilmember Kalantari-Johnson’s nomination of Gabriela Trigueiro to the Commission for the Prevention of Violence Against Women.
10. Minutes of the December 13, 2022 City Council Meeting (CC) Motion carried to approve as submitted.
January 10, 2023 CITY COUNCIL MINUTES 6335
Consent Agenda (continued)
11. California Department of Water Resources - Authorization of the Submittal of a Grant Application to Study and Develop a Decision Support Tool for Understanding Climate-Influenced River Flooding and Flood Control (CM) Resolution No. NS-30,088 was adopted authorizing the City Manager to apply for funds from the California Department of Water Resources (DWR) Proposition 1 Round 2 Integrated Regional Water Management Grant (IRWM) Implementation grant to study and develop a decision support tool for understanding climate-influenced river flooding and flood control.
12. Appointment of Representatives to External Agencies, Groups, Council Committees and Task Forces (CN)
Mayor Keeley opened the public comment period. There were no speakers.
Mayor Keeley closed the public comment period.
MOTION: Councilmember Kalantari-Johnson moved, seconded by Councilmember Watkins, to appoint representatives to external agencies, groups, City Council committees and task forces for the 2023 calendar year with the following changes:
Remove Councilmember Brown from the Downtown Management Corporation and add Councilmember Kalantari-Johnson.
Remove Councilmember Brunner from the Santa Cruz Community Farmers’ Market Board and add Councilmember Watkins.
Councilmember Brown will serve as the Santa Cruz County Regional Transportation Commission (RTC) representative and Mayor Keeley will serve as the alternate.
ACTION: The motion carried unanimously with the following vote.
AYES: Councilmembers Newsome, Brown, Watkins, Brunner,
Kalantari-Johnson; Vice Mayor Golder; Mayor Keeley.
NOES: None.
ABSENT: None.
DISQUALIFIED: None.
January 10, 2023 CITY COUNCIL MINUTES 6336
Consent Agenda (continued)
13. Liability Claims Filed Against the City of Santa Cruz (FN) Motion carried to reject the liability claims of a) Koen Hian Liem, b) Liberty Mutual Insurance, c) Robert Fleck, and d) Leanne N. Hunter, based on staff recommendation.
14. Energy Efficiency Projects Equipment Lease/Purchase Agreement and Escrow Agreement with Banc of America Public Capital Corp (FN) Finance Director E. Cabell spoke and responded to Councilmember questions.
Mayor Keeley opened the public comment period. There were no speakers.
Mayor Keeley closed the public comment period.
MOTION: Vice Mayor Golder moved, seconded by Councilmember Watkins, to adopt Resolution No. NS-30,089 authorizing the execution and delivery of an Equipment Lease/Purchase Agreement and Escrow Agreement with Banc of America Public Capital Corp relating to the financing of energy efficiency projects to be undertaken pursuant to an agreement with SitelogiQ, and approving related documents and actions.
ACTION: The motion carried unanimously with the following vote.
AYES: Councilmembers Newsome, Brown, Watkins, Brunner,
Kalantari-Johnson; Vice Mayor Golder; Mayor Keeley.
NOES: None.
ABSENT: None.
DISQUALIFIED: None.
15. Finalizing Sister City Relationship Between Biarritz, France and the City of Santa Cruz (PR)
Resolution No. NS-30,090 was adopted authorizing the Mayor to enter into agreement with Biarritz, France as part of the finalization process to establish Biarritz as a Sister City with the City of Santa Cruz.
January 10, 2023 CITY COUNCIL MINUTES 6337
Consent Agenda (continued)
16. Integrated Regional Water Management (IRWM) – Adopting the 2019 Addendum to the Santa Cruz Integrated Regional Water Management Plan (Santa Cruz IRWM Plan) (PW)
Resolution No. NS-30,091 was adopted adopting the 2019 addendum to the Santa Cruz Integrated Regional Water Management Plan (Santa Cruz IRWM Plan).
17. California Department of Water Resources (DWR) Grant – Authorization for Application, Acceptance and Appropriation of Grant Funds for Construction of a Recreational Vehicle Dump Station (PW)
Resolution No. NS-30,092 was adopted authorizing the City Manager to apply for, accept, and appropriate funds from the California Department of Water Resources (DWR) for the Santa Cruz Integrated Regional Water Management (IRWM) program to pursue a grant for construction of a Recreational Vehicle Wastewater Dump Station project proposed by the City of Santa Cruz Public Works Department.
18. West Cliff Drive Walking Path Storm Damage Repair Project (e401707) – Notice of Completion (PW)
Motion carried to accept the work of Reber Construction Co, Inc. (Santa Cruz, CA) as completed per the plans and specifications and authorize the filing of the Notice of Completion for West Cliff Drive Walking Path Storm Damage Repair Project (e401707).
19. Newell Creek Pipeline Project: Master Service Agreement NPZ-First Amendment with Ecological Concerns Incorporated for Restoration and Revegetation Services (WT)
Motion carried authorizing the City Manager to execute NPZ-First Amendment to the Master Service Agreement for professional services related to planning for restoration and revegetation for the Newell Creek Pipeline Project with Ecological Concerns Incorporated (Santa Cruz, CA) in a form to be approved by the City Attorney and to authorize the Water Director to execute future contract amendments within the approved budget.
January 10, 2023 CITY COUNCIL MINUTES 6338
Consent Agenda (continued)
20. Laguna Creek Diversion Retrofit Project: Ratify Master Service Agreement Laguna-Sixth Amendment with Ecological Concerns Incorporated for Restoration and Revegetation Services - Budget Adjustment (WT) Motion carried to:
Ratify the Laguna-Sixth Amendment to the Master Service Agreement for professional services related to restoration and revegetation for the Laguna Creek Diversion Retrofit Project with Ecological Concerns Incorporated (Santa Cruz, CA) and to authorize the Water Director to execute future contract amendments within the approved budget; and
Adopt Resolution No. NS-30,093 transferring $41,000 from Water’s Capital Investment Program, project c701801, for the Laguna Creek Diversion Retrofit Project to Water Engineering’s operating budget, activity 7102.
End Consent Agenda
Consent Public Hearing
Mayor Keeley opened the public comment period. There were no speakers. Mayor Keeley closed the public comment period.
MOTION: Councilmember Brunner moved, seconded by Councilmember Watkins, to approve the Consent Public Hearing Agenda.
ACTION: The motion carried unanimously with the following vote.
AYES: Councilmembers Newsome, Brown, Watkins, Brunner, KalantariJohnson; Vice Mayor Golder; Mayor Keeley.
NOES: None.
ABSENT: None.
DISQUALIFIED: None.
21. 2nd Reading and Final Adoption of Ordinance No. 2022-23 to Amend the Santa Cruz Municipal Code Section 19.05.170 Adopting Additional Provision of the 2022 Edition of the California Fire Code (FD)
Motion carried to adopt Ordinance No. 2022-23 to amend Santa Cruz Municipal Code (SCMC) Section 19.05.170 to incorporate California Fire Code Section 311.5 which provides standards for marking unsafe vacant or abandoned buildings or structures.
January 10, 2023 CITY COUNCIL MINUTES 6339
General Business
22. Health in All Policies: 2022 Progress Report and 2023 Workplan (CM) Sustainability and Climate Action Manager T. Wise-West gave a presentation and responded to Councilmember questions.
Mayor Keeley opened the public comment period. The following people spoke.
Richard
Unidentified person
Unidentified person
Mayor Keeley closed the public comment period.
MOTION: Councilmember Watkins moved, seconded by Councilmember Brunner, to accept the Health in All Policies (HiAP) 2022 progress report and approve the proposed 2023 work plan.
ACTION: The motion carried unanimously with the following vote.
AYES: Councilmembers Newsome, Brown, Watkins, Brunner,
Kalantari-Johnson; Vice Mayor Golder; Mayor Keeley.
NOES: None.
ABSENT: None.
DISQUALIFIED: None.
23. Downtown Library and Affordable Housing Project Permit Applications (CN) Councilmember Newsome spoke.
Mayor Keeley opened the public comment period. The following people spoke.
Lisa Ekstrom
Matt Farrell
Unidentified person
Lira Filippini
Susan Cavalieri
Fred Geiger
Unidentified person
Joy Fill Tao Greenleaf
Roland Saher
Cynthia Mathews
January 10, 2023 CITY COUNCIL MINUTES 6340
General Business
23. Downtown Library and Affordable Housing Project Permit Applications (CN) (continued)
Public comment period (continued)
Susan Worth
Jane Doyle
Unidentified person
Gillian Greensite
Mayor Keeley closed the public comment period.
MOTION: Councilmember Newsome moved, seconded by Vice Mayor Golder, to:
Approve the two requests from Mayor Keeley and Councilmember Newsome asking that the permit applications be sent to Council for final approval related to the Downtown Library and Affordable Housing Project (located at 113 and 119 Lincoln St.), and
Pursuant to these requests, direct that the Council, at a later Council meeting, consider and take final action on: (a) the Parks & Recreation Commission’s denial of an appeal, which affirmed the Parks and Recreation Department’s issuance of a heritage tree removal permit, and (b) all other permits and approvals for the project (the Special Use Permit, Design Permit, Nonresidential Demolition Authorization Permit, Lot Line Adjustment, and Sign Permit).
ACTION: The motion carried unanimously with the following vote.
AYES: Councilmembers Newsome, Brown, Watkins, Brunner,
Kalantari-Johnson; Vice Mayor Golder; Mayor Keeley.
NOES: None.
ABSENT: None.
DISQUALIFIED: None.
Recess - The City Council recessed at 4:03 p.m. to the 5:00 p.m. session.
January 10, 2023 CITY COUNCIL MINUTES 6341
City Council
5:00 PM
Call to Order – Mayor Keeley called the meeting to order at 5:07 p.m. in Council Chambers.
Roll Call
Present: Councilmembers Newsome, Brown, Watkins, Brunner (left at 5:27 p.m.), Kalantari-Johnson; Vice Mayor Golder; Mayor Keeley.
Absent: None.
Staff: City Manager M. Huffaker, City Attorney T. Condotti (via Zoom), Assistant City Manager L. Schmidt (via Zoom), Finance Director E. Cabell (via Zoom), Director of Information Technology K. Morgan (via Zoom), Deputy City Manager/Director of Human Resources L. Murphy (via Zoom), Fire Chief R. Oatey (via Zoom), Senior Planner S. Neuse, Deputy City Clerk Administrator J. Wood, City Clerk Administrator B. Bush.
Oral Communications Announcement - The Mayor provided a brief announcement about Oral Communications.
Oral Communications
At 5:08 p.m. Mayor Keeley opened Oral Communications for members of the public who wished to speak regarding items not listed on the City Council agenda.
Steve Bosworth spoke regarding representation of citizens, asking Council to meet with his group.
Hector Marin spoke regarding having an open democracy and asking Council to engage with citizens in a way to encourage more engagement.
Unidentified person spoke regarding emergency response for those who are vulnerable, at-risk, or with access issues.
Sabina Holber spoke regarding emergency shelter for those unhoused.
Unidentified person spoke regarding QR codes to pay parking tickets and use of artificial turf.
Abbi spoke regarding emergency shelter during the recent storm events.
January 10, 2023 CITY COUNCIL MINUTES 6342
Oral Communications (continued)
Unidentified person spoke regarding hotel and fee increases approved by Council and projections for next year’s City budget.
Unidentified person spoke regarding emergency shelter and making the availability more accessible online.
At 5:26 p.m. Mayor Keeley closed Oral Communications.
At this time, Councilmember Brunner recused herself and left the meeting.
General Business
24. Downtown Expansion Area Plan Amendment Revision
Councilmember Newsome spoke.
Director of Planning and Community Development L. Butler and Senior Planner S. Neuse spoke and responded to Councilmember questions.
Mayor Keeley opened the public comment period. The following people spoke.
Jaime [last name unintelligible]
Unidentified person
Unidentified person
Darius
Tony Uzzle
Lira Filippini
Frank Barron
Don Lane
Casey VanDenHeuvel
Manny Pinheiro
Jesse Bristow
Keresha Durham
April Welsh
Anthony Viscuso
Susan Monheit
Ryan Meckel
Chris Zegers
Unidentified person
Bill Kempf
Unidentified person
Chris Murphy
Ron Pomerantz
January 10, 2023 CITY COUNCIL MINUTES 6343
General Business (continued)
24. Downtown Expansion Area Plan Amendment Revision (continued) Public comment period (continued)
Kathy Haber
Jesse Bristow
Kris Reyes
Laura Lee
Unidentified person
Portia
Elizabeth Madrigal
Unidentified person
Unidentified person
Rafa Sonnenfeld
Gillian Greensite
Mayor Keeley closed the public comment period.
24.1 Downtown Expansion Area Plan Amendment Revision - Report from Mayor Keeley and Councilmember Newsome (CN)
MOTION: Councilmember Newsome moved, seconded by Councilmember Brown, to:
Revise the building height provisions in the draft Downtown Expansion Area Plan Amendment to provide for a maximum of 1,600 dwelling units, with a 20% affordability requirement on the total number of units and with no single building being more than 12 stories, inclusive of any density bonus incentive.
Continue to study the 1,800 units that have been evaluated in the Environmental Impact Report (EIR) technical analyses since June of 2022, and direct Planning Department staff to study an alternative in the EIR that includes the parameters noted above in Item #1.
ACTION: The motion carried with the following vote.
AYES: Councilmembers Newsome, Brown, Watkins, KalantariJohnson; Vice Mayor Golder; Mayor Keeley.
NOES: None.
ABSENT: None.
DISQUALIFIED: Councilmember Brunner.
January 10, 2023 CITY COUNCIL MINUTES 6344
General Business (continued)
24. Downtown Expansion Area Plan Amendment Revision (continued)
24.2 Downtown Expansion Area Plan Amendment Revision - Report from Planning and Community Development (PL)
MOTION: Councilmember Newsome moved, seconded by Councilmember Watkins, to accept the report and consider the information as part of the evaluation of any modifications to the Downtown Plan Expansion, including consideration of staff’s recommendation to continue studying 1,800 units in the plan’s draft Environmental Impact Report.
ACTION: The motion carried with the following vote.
AYES: Councilmembers Newsome, Brown, Watkins, KalantariJohnson; Vice Mayor Golder; Mayor Keeley.
NOES: None.
ABSENT: None.
DISQUALIFIED: Councilmember Brunner.
Adjournment - The City Council adjourned at 7:26 p.m.
RESPECTFULLY SUBMITTED: ss/Julia Wood, Deputy City Clerk Administrator, ATTEST: ss/Bonnie Bush, City Clerk Administrator, APPROVED: ss/Fred Keeley, Mayor.