City of Santa Cruz
809 Center Street
Santa Cruz, California 95060
MINUTES OF A CITY COUNCIL MEETING
January 24, 2023
12:30 PM
Mayor Keeley opened the City Council Closed Session at 12:35 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; Mayor Keeley.
Absent: None.
Staff: City Manager M. Huffaker, Assistant City Manager L. Schmidt, City Attorney T. Condotti, Chief People Officer S. De Leon, Deputy City Manager L. Murphy, Director of Economic Development B. Lipscomb, Deputy City Clerk Administrator J. Wood, City Clerk Administrator B.
Bush.
Public Comment
Mayor Keeley opened the public comment period at 12:36 p.m. There were no speakers. Mayor Keeley closed the public comment period at 12:36 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
City Negotiator – Lisa Murphy
Council received a status report from the City Negotiator, and no reportable action was taken.
January 24, 2023 CITY COUNCIL MINUTES 6349
Closed Session (continued)
2. Real Property Negotiations (Government Code §54956.8) Property: 902 Pacific Avenue and 333 Front Street
APNs: 005-152-32 and 005-152-33
Owner: City of Santa Cruz
City Negotiator: Bonnie Lipscomb
Negotiating Parties: City and 902 Pacific Ave. Investors, L.P.
Under Negotiation: Price, terms of payment, or both
Council received a status report from the City Negotiator, took up under agenda item 12, and no reportable action was taken.
3. Conference with Legal Counsel - Existing Litigation (Government Code §54956.9(d)(1))
Lopez, Alicia v. Mary McCoy, City of Santa Cruz, et al.
Santa Cruz Superior Court Case No. 18CV03301
Council received a status report, gave direction, and took no reportable action.
January 24, 2023 CITY COUNCIL MINUTES 6350
City of Santa Cruz
809 Center Street
Santa Cruz, California 95060
MINUTES OF A CITY COUNCIL MEETING
January 24, 2023
2:00 PM
Call to Order – Mayor Keeley called the meeting to order at 2:02 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, City Attorney T. Condotti, Director of Planning and Community Development L. Butler, Director of Economic Development B. Lipscomb (via Zoom), Finance Director E. Cabell (via Zoom), Director of Information Technology K. Morgan (via Zoom), Fire Chief R. Oatey (via Zoom), Water Director R. Menard (via Zoom), Chief People Officer S. De Leon (via Zoom), Director of Parks and Recreation T. Elliot (via Zoom), Laboratory and Environmental Compliance Manager A. Babatola, Sustainability and Climate Action Manager T. Wise-West, Deputy City Clerk Administrator J. Wood, City Clerk Administrator B. Bush.
Presiding Officer's Announcements – None.
Statements of Disqualification – None.
Additions and Deletions – None.
City Attorney Report on Closed Session – See pages 6348—6349 for the report.
Council Meeting Calendar
4. The City Council reviewed and did not revise the meeting calendar attached to the agenda.
January 24, 2023 CITY COUNCIL MINUTES 6351
Consent Agenda
Councilmember Kalantari-Johnson and Mayor Keeley made a comment on item 10.
Councilmember Watkins made a comment on item 16.
City Attorney T. Condotti spoke regarding item 7, reporting that the City Manager’s salary would be increasing 5% resulting in an adjustment of base compensation from $23,086.96/month to $24,241.31/month.
Mayor Keeley and Councilmember Brown made a comment on item 15. Mayor Keeley requested that when the motion is made, that it include an amendment to item 15,as follows:
Motion to accept the report regarding the schedule for the proposed General Plan Map amendments; and, indicate to staff that the Downtown Plan Expansion is the preferred option of the City Council without prejudging the recommendation from staff when this item returns to Council.
Director of Planning and Community Development L. Butler responded to Councilmember Brunner’s questions regarding Mayor Keeley’s amendments to item
15. Laboratory and Environmental Compliance Manager A. Babatola responded to Councilmember Brown’s questions on item 17.
Mayor Keeley opened the public comment period. The following people spoke:
Unidentified person spoke regarding item 17.
Liam McLaughlin spoke regarding item 7.
Unidentified person spoke regarding item 7.
Unidentified person spoke regarding item 7.
Laurie Egan spoke regarding item 17.
Mayor Keeley closed the public comment period.
MOTION: Vice Mayor Golder moved, seconded by Councilmember Watkins, to approve the Consent Agenda as amended.
January 24, 2023 CITY COUNCIL MINUTES 6352
Consent Agenda (continued)
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.
5. Resolution Authorizing the City to Continue Teleconferenced Public Meetings Pursuant to Assembly Bill 361 (CA)
Resolution No. NS-30,094 was adopted authorizing legislative bodies of the City of Santa Cruz to continue the use of teleconferenced meetings pursuant to Assembly Bill 361.
6. Resolution Extending Emergency Declaration in Connection with the December 2022 and January 2023 Winter Storms (CA/CM)
Resolution No. NS-30,095 was adopted extending by sixty days the Local Emergency Declaration in connection with the December 2022 and January 2023 winter storms.
7. City Manager Annual Merit Increase (CA)
Motion carried to approve an annual merit increase for the City Manager in the amount of 5%.
8. Minutes of the January 10, 2023 City Council Meeting (CC) Motion carried to approve as submitted.
9. Minutes of the January 17, 2023 City Council Special Meeting (CC) Motion carried to approve as submitted.
January 24, 2023 CITY COUNCIL MINUTES 6353
Consent Agenda (continued)
10. City Council Ad-Hoc Housing Element Subcommittee (CN) Motion carried to appoint Mayor Keeley and Councilmembers Kalantari-Johnson and Newsome to a new Ad-Hoc Housing Element Subcommittee that will serve during the preparation of the Housing Element update and any associated subsequent General Plan amendments and rezonings to review draft policies and proposals in advance of their presentation to the full Council.
11. Resolution Establishing the 2023 Security Deposit Interest Rate for Residential Rental Property (ED)
Resolution No. NS-30,096 was adopted establishing the 2023 interest rate for the residential security deposits at 0.01% and rescinding Resolution No. NS29,919.
12. Pacific Station North Affordable Housing Transit-oriented Development Project Ground Lease Authorization for 902, 912 and 920 Pacific Avenue and 333 and 423 Front Street (ED)
Resolution No. NS-30,097 was adopted authorizing the City Manager to enter into lease(s) and authorizing the Economic Development and Housing Director to execute any amendments or documents needed thereto of a non-substantive nature, in forms approved by the City Attorney, for real property located at 902, 912 and 920 Pacific Avenue and 333 and 423 Front Street (APNs 005-152- 30, -31, -32, -33 and -05) between the City of Santa Cruz, Santa Cruz Metropolitan Transit District and/or 902 Pacific Ave Investors, L.P., or its affiliate, for the previously approved mixed-use affordable housing project on the site.
13. Award Contract for Portable Toilet Rental and Services (FN) Motion carried to award a contract for the citywide purchases for on-call portable toilet rental and services to American Debris Box Service, Incorporated DBA American Portables (American Portables), Half Moon Bay, California, in the amount not to exceed $1.5 million over 5 years and to authorize the City Manager to execute an agreement in a form approved by the City Attorney with American Debris Box Service, Incorporated DBA American Portables for portable toilet rental and services.
January 24, 2023 CITY COUNCIL MINUTES 6354
Consent Agenda (continued)
14. Application Support for Information Technology Systems (IT) Motion carried to approve statement of work amendment with EPI-Use America, Inc. for application support of critical information technology systems, and authorize the City Manager to execute the contract amendment in a form approved by the City Attorney.
15. Schedule for General Plan Map Amendments for 111-119 Leonard Street (PL) Motion to accept the report regarding the schedule for the proposed General Plan Map amendments; and, indicate to staff that the Downtown Plan Expansion is the preferred option of the City Council without prejudging the recommendation from staff when this item returns to Council.
16. Children’s Fund Oversight Committee Bylaws (PR)
Motion carried to approve the Children’s Fund Oversight Committee bylaws and governing document.
17. 2023 Nonpoint Source - Clean Water Act section 319(h) Grant: Authorization for Application, Acceptance, and Appropriation of Grant Funds for Nonpoint Source Water Quality Improvements and Reduction in Homelessness Impacts in San Lorenzo River (PW/CM)
Resolution No. NS-30,098 was adopted authorizing the City Manager to apply for, accept, and appropriate funds from the 2023 Nonpoint Source - Clean Water Act section 319(h) Grant for improvements in the San Lorenzo River (pathogen) bacteria levels and reduction in homelessness impacts.
18. Award of Professional Services Agreement to Weck Laboratories for Laboratory Analytical Services (WT)
Motion carried authorizing the City Manager to execute an agreement with Weck Laboratories, Inc. (City of Industry, CA) for Laboratory Analytical Services in a form approved by the City Attorney and authorizing the Water Director to execute contract amendments within the approved budget.
End Consent Agenda
January 24, 2023 CITY COUNCIL MINUTES 6355
Consent Public Hearing
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 KalantariJohnson, 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.
19. Extension of Urgency Ordinance Relating to Accessory Dwelling Units (ADUs), Junior ADUs, and Associated Changes to Permitting Required by State Law (PL) Motion carried to:
Adopt urgency Ordinance No. 2023-01 to extend the term of the previously adopted Urgency Ordinance No. 2022-22 for a term of twelve months in accordance with the allowances in State law; and
Direct staff to proceed with developing a regular ordinance that addresses the same State code changes.
General Business
20. Existing Building Decarbonization Roadmap (CM/PL)
Sustainability and Climate Action Manager T. Wise-West and Rupam Singla with TRC Companies gave a presentation and responded to Councilmember questions.
Mayor Keeley opened the public comment period. The following people spoke.
Unidentified person
Victor Gomez
Eric Grodberg
Carol Polhamus
Candace Brown
Robert Kibrick
Mayor Keeley closed the public comment period.
January 24, 2023 CITY COUNCIL MINUTES 6356
General Business (continued)
20. Existing Building Decarbonization Roadmap (CM/PL) (continued) MOTION: Councilmember Brown moved, seconded by Councilmember Watkins, to accept the existing building decarbonization roadmap presentation.
ACTION: The motion carried with the following vote.
AYES: Councilmembers Newsome, Brown, Watkins, Brunner,
Kalantari-Johnson; Mayor Keeley.
NOES: Vice Mayor Golder.
ABSENT: None.
DISQUALIFIED: None.
21. Appointments to City Commissions (CN)
Mayor Keeley spoke.
Mayor Keeley opened the public comment period. The following people spoke.
Eric Grodberg
Unidentified person
Mayor Keeley closed the public comment period.
MOTION: Councilmember Brunner moved, seconded by Councilmember Watkins, to:
Approve the transition of at-large Council appointments for most commissions to a directly appointed system while allowing all current commissioners to complete their terms in accordance with the attached table; and
Introduce an ordinance amending Santa Cruz Municipal Code Section
2.40.011 to reflect the recommended appointment process, with the following amendments:
January 24, 2023 CITY COUNCIL MINUTES 6357
General Business (continued)
21. Appointments to City Commissions (CN)
MOTION (continued):
Amend Section 2.40.011(b)(2) From:
The seats of commission appointees whose terms expire in January 2023, will be assigned to the mayor and districts 4 and 6 to the extent that three are up for appointment. If fewer than three seats are open, the mayor will be assigned the first seat and the other seat(s) will be assigned in numerical order, to the district 4 and/or 6 councilmembers.
To:
The seats of commission appointees whose terms expire in January 2023, will be assigned to the mayor and districts 4 and 6 on a rotating basis to the extent that three are up for appointment. If fewer than three seats are open, the first seat and the other seat(s) will be assigned on a rotating basis to the mayor and/or the district 4 and/or 6 councilmembers.
Section 2.40.011(b)(3) From:
The seats of commission appointees whose terms expire in January 2024 will be assigned to either district 4 or 6, if they do not already have a seat assigned to them. For those seats assigned to District 4 and/or 6, the councilmembers may nominate, if eligible, their representatives for threeyear terms so they these terms correspond with the term of the nominating council member. Any remaining seat or seats shall be appointed by motion of the City Council for one-year terms.
To:
The seats of commission appointees whose terms expire in January 2024 will then be assigned on a rotating basis to either the mayor and/or district 4 or 6, if they do not already have a seat assigned to them, who may nominate, if eligible, their representatives for three-year terms so they these terms correspond with the term of the nominating council member.
Any remaining seat or seats shall be appointed by motion of the City Council for one-year terms.
Section 2.40.011(b)(4) From:
In January 2025, the seats on commissions with members whose terms are expiring as well as any seats with members appointed for a one-year term will be assigned to districts in numerical order.
January 24, 2023 CITY COUNCIL MINUTES 6358
General Business (continued)
21. Appointments to City Commissions (CN) (continued)
MOTION (continued):
To:
In January 2025, the seats on commissions with members whose terms are expiring as well as any seats with members appointed for a one-year term will be assigned to districts on a rotating basis.
Section 2.40.011(b)(5) From:
Members of commissions whose terms do not expire until January 2026 shall be assigned to the remaining districts in numerical order for nomination for three-year terms expiring in January 2029.
To:
Members of commissions whose terms do not expire until January 2026 shall be randomly assigned to the remaining districts on a rotating basis for nomination for three-year terms expiring in January 2029.
Section 2.40.011(b)(6) From:
If a seat occupied by a board or commission member originally appointed by motion becomes vacant, their replacement shall be filled by nomination of councilmembers elected by district in numerical order if they do not have a seat assigned to them, for a term expiring with the nominating councilmember’s term. If all councilmembers elected by district have a seat assigned to them, then the vacancy shall be filled by motion for a term ending January 31st of the next odd-numbered year following the effective date of the vacancy.
To:
If a seat occupied by a board or commission member originally appointed by motion becomes vacant, their replacement shall be filled by nomination of the councilmember(s) elected by district if they do not have a seat assigned to them, for a term expiring with the nominating councilmember’s term. If all councilmembers elected by district have a seat assigned to them, then the vacancy shall be filled by motion for a term ending January 31st of the next odd-numbered year following the effective date of the vacancy.
January 24, 2023 CITY COUNCIL MINUTES 6359
General Business (continued)
21. Appointments to City Commissions (CN) (continued)
MOTION (continued):
Add as Section 2.40.011(f) and renumber subsequent section:
In considering their nominations and appointments to boards and commissions, councilmembers are strongly encouraged to support diversity, equity and inclusion of a broad range of community interests and experiences among appointees in accordance with the City’s adopted Health in All Policies (HiAP) ordinance and adopted workplan, including diversity in geography (council district), age, income and education level, residence status (owner, renter or unhoused), race, ethnicity, gender, and gender identity.
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 24, 2023 CITY COUNCIL MINUTES 6360
Advisory Body Appointments
22. Arts Commission
Mayor Keeley nominated Isabel Contreras.
Councilmember Newsome nominated Valeria Miranda.
Councilmember Golder nominated Nikki Patterson.
Councilmember Brunner nominated Sean McGowan.
By consensus, Isabel Contreras, Valeria Miranda, and Nikki Patterson were appointed with terms ending January 31, 2027, and Sean McGowan was reappointed with a term ending January 31, 2025.
23. Board of Building and Fire Appeals
Councilmember Brunner nominated Christian Nielsen.
Councilmember Kalantari-Johnson nominated Monica Ratliff.
Vice Mayor Golder nominated Thomas Kern.
Councilmember Watkins nominated Patrick Splitt.
Councilmember Brown nominated Rory Howland.
Councilmember Newsome nominated Scott Rogers.
By consensus, Christian Nielsen, Rory Howland, and Scott Rogers were appointed and Monica Ratliff, Thomas Kern, and Patrick Splitt were reappointed to the Board of Building and Fire Appeals, with terms ending January 31, 2027.
January 24, 2023 CITY COUNCIL MINUTES 6361
Advisory Body Appointments (continued)
24. Commission for the Prevention of Violence Against Women Councilmember Newsome nominated Karen Madura.
Mayor Keeley nominated Ilene Feinman.
Vice Mayor Golder requested to defer her nomination to the meeting of February 14, 2023.
By consensus, Karen Madura was reappointed, and Ilene Feinman was appointed to the Commission for the Prevention of Violence Against Women, with terms ending January 31, 2027.
25. Downtown Commission
Vice Mayor Golder nominated Peggy Dolgenos.
Councilmember Newsome nominated Cynthia Mathews.
By consensus, Peggy Dolgenos and Cynthia Mathews were appointed to the Downtown Commission, with terms ending January 31, 2027.
26. Historic Preservation Commission
Councilmember Newsome nominated Jessie Durant.
By consensus, Jessie Durant was appointed to the Historic Preservation Commission, with a term ending January 31, 2027.
27. Parks and Recreation Commission
Councilmember Newsome nominated Nikolas Strong-Cvetich.
Mayor Keeley nominated Bradley Angell.
By consensus, Nikolas Strong-Cvetich was appointed and Bradley Angell was reappointed to the Parks and Recreation Commission, with terms ending January 31, 2027.
January 24, 2023 CITY COUNCIL MINUTES 6362
Advisory Body Appointments (continued)
28. Planning Commission
Vice Mayor Golder nominated Timerie Gordon.
Mayor Keeley nominated Michael Polhamus.
By consensus, Timerie Gordon and Michael Polhamus were appointed to the Planning Commission, with terms ending January 31, 2027.
29. Sister Cities Committee
Councilmember Brunner nominated Isabelle Tuncer.
Vice Mayor Golder nominated Linda Snook.
Councilmember Brown nominated Anita Wood.
Isabelle Tuncer and Anita Wood were reappointed, and Linda Snook was appointed to the Sister Cities Committee, with terms ending January 31, 2027.
30. Transportation and Public Works Commission
Mayor Keeley nominated Susan Gilchrist.
By consensus, Susan Gilchrist was appointed to the Transportation and Public Works Commission, with a term ending January 31, 2027.
31. Water Commission
Vice Mayor Golder nominated Maggie Duncan-Merrell.
Mayor Keeley nominated Sierra Ryan.
By consensus, Maggie Duncan-Merrell was appointed, and Sierra Ryan was reappointed to the Water Commission, with terms ending January 31, 2027.
January 24, 2023 CITY COUNCIL MINUTES 6363
Oral Communications Announcement - The Mayor provided a brief announcement about Oral Communications.
Oral Communications
At 4:27 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.
Unidentified person spoke regarding the way the Mayor spoke to a member of the public in a previous meeting.
Unidentified person spoke regarding heritage trees and the Downtown Library Project.
Jackie Griffith spoke regarding the amount of new construction with regard to water supply and the rise of sea level.
At 4:34 p.m. Mayor Keeley closed Oral Communications.
Adjournment - The City Council adjourned at 4:35 p.m.
RESPECTFULLY SUBMITTED: ss/Julia Wood, Deputy City Clerk Administrator, ATTEST: ss/Bonnie Bush, City Clerk Administrator, APPROVED: ss/Fred Keeley, Mayor.