City of Santa Cruz
809 Center Street
Santa Cruz, California 95060
MINUTES OF A CITY COUNCIL MEETING
February 14, 2023
12:30 PM
Mayor Keeley opened the City Council Closed Session at 12:32 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, City Attorney T. Condotti, Chief People Officer S. De Leon, Director of Economic Development B. Lipscomb, Finance Director E. Cabell, Director of Information Technology K.
Morgan, Deputy City Clerk Administrator J. Wood, City Clerk Administrator B. Bush.
Referral to Closed Session
1. 45 Municipal Wharf, APN: 007-34-105
MOTION: Councilmember Watkins moved, seconded by Councilmember Brown, to refer to Closed Session for discussion regarding price, terms of payment, or both.
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.
February 14, 2023 CITY COUNCIL MINUTES 6365
Public Comment
Mayor Keeley opened the public comment period at 12:34 p.m. There were no speakers. Mayor Keeley closed the public comment period at 12:34 p.m., at which time the meeting was closed to the public and Council adjourned to the Courtyard Conference Room.
Closed Session
2. Conference with Labor Negotiators (Government Code §54957.6) Police Officers Association
Police Management Association
SEIU Temporary Employees
City Negotiator – Sara De Leon
Council received a status report from the City Negotiator, and no reportable action was taken.
3. Real Property Negotiations (Government Code §54956.8) Property: 45 Municipal Wharf
APN: 007-34-105
Owner: City of Santa Cruz
City Negotiator: Bonnie Lipscomb
Negotiating Parties: City and Mark Gilbert
Under Negotiation: Price, terms of payment, or both
Council received a status report from the City Negotiator, and no reportable action was taken.
4. Conference with Legal Counsel - Existing Litigation (Government Code §54956.9(d)(1))
County of Santa Cruz v. City of Santa Cruz
(Santa Cruz County Superior Court Case No. 22CV01094)
Council received a status report, and by motion authorized the City Attorney’s Office to file a Writ of Mandate in the Sixth Appellant District challenging a decision by the Superior Court last month, overruling a demurrer that the City Attorney’s Office filed in that case.
February 14, 2023 CITY COUNCIL MINUTES 6366
City of Santa Cruz
809 Center Street
Santa Cruz, California 95060
MINUTES OF A CITY COUNCIL MEETING
February 14, 2023
1:30 PM
Call to Order – Mayor Keeley called the meeting to order at 1:32 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, City Attorney T. Condotti, Chief of Police B.
Escalante, Director of Public Works N. Nguyen (via Zoom), Director of Economic Development B. Lipscomb (via Zoom), Finance Director E.
Cabell, Director of Information Technology K. Morgan (via Zoom), Director of Planning and Community Development L. Butler, Deputy City Manager L. Murphy (via Zoom), Fire Chief R. Oatey (via Zoom), Water Director R. Menard (via Zoom), Chief People Officer S. De Leon (via Zoom), Transportation Planner C. Gallogly, Deputy City Attorney A.
Geise, Code Compliance/Rental Manager L. Landry, Principal Management Analyst V. Nguyen, Deputy City Clerk Administrator J.
Wood, City Clerk Administrator B. Bush.
Presiding Officer's Announcements
Statements of Disqualification – None.
Additions and Deletions – None.
City Attorney Report on Closed Session – See page 6365 for the report.
Council Meeting Calendar
5. The City Council reviewed and did not revise the meeting calendar attached to the agenda.
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Consent Agenda
Director of Public Works N. Nguyen responded to Councilmember Brown’s question regarding item 20.
City Manager M. Huffaker responded to Councilmember Brunner’s question regarding item 7.
Mayor Keeley opened the public comment period. The following people spoke:
Serg Kagno spoke regarding item 7.
Unidentified person spoke regarding item 10.
Mayor Keeley closed the public comment period.
MOTION: Councilmember Watkins moved, seconded by Vice Mayor Golder, to approve the 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-30,099 was adopted authorizing legislative bodies of the City of Santa Cruz to continue the use of teleconferenced meetings pursuant to Assembly Bill 361.
7. Opioid Settlement Fund Agreement - Stakeholder Group (CA/CM) Motion carried to authorize the City Manager to enter into an agreement with the County of Santa Cruz to establish a Stakeholder Group with City participation in defining priorities for the use of opioid settlement funds in the County.
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Consent Agenda (continued)
8. Commission for the Prevention of Violence Against Women Appointment (CC) Motion carried to defer Vice Mayor Golder’s nomination to a future meeting.
9. Minutes of the January 24, 2023 City Council Meeting (CC) Motion carried to approve as submitted.
10. Changes to the Councilmembers’ Handbook (CN)
Resolution No. NS-30,100 was adopted amending the Councilmembers’ Handbook on page 7 to update the Order of Business section, page 9, paragraph 3, regarding decorum in Council meetings, and on page 23 at “Remarks of Councilmembers Entered in Minutes.”
11. Contract for Tannery Dance and Performance Building Architectural Services (ED)
Motion carried to award the contract for the Tannery Dance and Performance Building architectural services in an amount of $469,560 to 19six Architects and authorize the City Manager to execute an agreement with 19six Architects in a form to be approved by the City Attorney.
12. Resolution Authorizing Application for the California Prohousing Designation Program (ED)
Resolution No. NS-30,101 was adopted authorizing the City of Santa Cruz to apply for the Prohousing Designation Program from the California Housing and Community Development Department and authorizing the City Manager or the Director of Economic Development and Housing to execute and deliver the application and any related documents if the application is approved.
February 14, 2023 CITY COUNCIL MINUTES 6369
Consent Agenda (continued)
13. 119 Coral St – Housing Matters Loan Consolidation and Extension (ED) Motion carried to:
Authorize the City Manager to execute any and all loan documents necessary, in a form approved by the City Attorney, to consolidate and extend the terms of existing Red Cross and HOME funded loans in the amount of $571,533 to Housing Matters for the property located at 119 Coral St. for 55 years with 1.5% residual receipts interest; and Allow Housing Matters to repay an existing General Fund loan of approximately $12,805 in principal with a reduced interest rate of 3%, contingent upon payment received to the City prior to the execution of the loan documents.
14. Resolution Approving Various Employee Groups Memoranda of Understanding (HR)
Resolution No. NS-30,102 was adopted approving the following employee organizations Memoranda of Understanding: Supervisory Employees Operating Engineers, Local 3; Mid-Management Employees Operating Engineers, Local 3; and Firefighters I.A.F.F. Local 1716.
15. State of California 2022 Land Use and Housing Legislation Update (PL) Motion carried to accept the State of California 2022 Land Use and Housing Legislation Update agenda report.
16. 2023 Pavement Rehabilitation Project (c400809) – Authorization to Advertise and Award (PW)
Motion carried to approve the plans and specifications for the 2023 Pavement Rehabilitation Project (c400809), authorize staff to advertise for bids, and award contract. The City Manager is hereby authorized and directed to execute the contact in a form approved by the City Attorney. The Director of Public Works is authorized to execute change orders within the approved project budget.
February 14, 2023 CITY COUNCIL MINUTES 6370
Consent Agenda (continued)
17. Award Contract for Boiler Control System Replacement Project (m409659) and Approval of Exemption from Local and Apprentice Employment (SCMC Ch.
3.10.080(2) for Boiler Control System Replacement Project (PW) Motion carried to:
Award a contract for the purchase of Boiler Control System Replacement Project from R.F. Macdonald Co. (Hayward, CA) in the amount of $159,793.70; and
Exempt R.F. MacDonald Co. from the City’s local hiring and local apprentice employment requirements, pursuant to SCMC Chapter 3.10.
18. Mentel Aerial Sewer Improvement Project (c402102) – Notice of Completion (PW)
Motion carried to accept the work of Precision Grade, Inc (Salinas, CA) and authorize the filing of the Notice of Completion for the Mentel Aerial Sewer Improvement Project (c402102).
19. PG&E Fleet Ready Program Easement, 1125G River St, Santa Cruz (APN: 008- 021-28-000) (PW)
Resolution No. NS-30,103 was adopted authorizing the City Manager to grant an easement to Pacific Gas and Electric (PG&E) for the installation and maintenance of To-the-Meter (TtM) electrical infrastructure at the Corporation Yard, 1125G River St., Santa Cruz, CA 95060.
20. Award Contract for Traffic Signal Maintenance and Repair (PW) Motion carried to award a contract to Cal-West Lighting & Signal Maintenance, Inc. (San Jose, CA) for traffic signal maintenance and repair for a not-toexceed amount of $175,000, and reject all other proposals. The City Manager is hereby authorized and directed to execute an agreement in a form approved by the City Attorney. The Public Works Director is authorized to execute change orders within the approved project budget.
February 14, 2023 CITY COUNCIL MINUTES 6371
Consent Agenda (continued)
21. Resolution to Apply for U.S. Department of the Interior Bureau of Reclamation Funds (WT)
Resolution No. NS-30,104 was adopted authorizing the submittal, acceptance, and appropriation of a U.S. Department of the Interior Bureau of Reclamation grant under the WaterSMART Water Recycling and Desalination Planning funding opportunity for FY 2023.
22. Award of Professional Services Agreement to Black & Veatch for the Water Quality and Corrosion Study (WT)
Motion carried authorizing the City Manager to execute an agreement in a form to be approved by the City Attorney with Black & Veatch (Rancho Cordova, CA) for Engineering Services for a Water Quality and Corrosion Study and to authorize the Water Director to execute future contract amendments within the approved budget.
23. Groundwater Modeling – Award of Professional Services Agreement to Errol L.
Montgomery & Associates, Inc. (WT)
Motion carried authorizing the City Manager to execute a contract agreement in a form to be approved by the City Attorney with Errol L. Montgomery & Associates, Inc. (Oakland, CA) for Engineering Services for Groundwater Modeling and to authorize the Water Director to execute future contract amendments within the approved budget.
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 Brown moved, seconded by Councilmember Brunner, to approve the Consent Public Hearing Agenda.
February 14, 2023 CITY COUNCIL MINUTES 6372
Consent Public Hearing (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.
24. 2nd Reading and Final Adoption of Ordinance No. 2023-02 Amending Section
2.40.011 of the Santa Cruz Municipal Code Related to the Process of Appointments to City Commissions (CN)
Ordinance No. 2023-02 was adopted amending Section 2.40.011 of the Santa Cruz Municipal Code and transitioning the appointments to specific advisory bodies from at-large to directly nominated by each Council District and the Mayor.
Public Hearing
25. Resolution of Intent to Annex Parcels at 538 Center Street into Parking District No. 1 (PW)
Transportation Planner C. Gallogly spoke.
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 Kalantari-Johnson, to adopt Resolution of Intent No. NS-30,105 to annex remaining parcels at 538 Center Street (Assessors Parcel Numbers 005-148-17, 005-148-21 and 005-148-24) into Parking District No. 1.
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.
February 14, 2023 CITY COUNCIL MINUTES 6373
General Business
26. Sister Cities Committee Appointment (CC)
Mayor Keeley opened the public comment period. The following person spoke.
Richard Lewis
Mayor Keeley closed the public comment period.
Councilmember Brunner nominated Esabella Bonner.
By consensus Esabella Bonner was appointed to the Sister Cities Committee, with a term ending January 31, 2025.
At 1:56 p.m. Council took a break and returned at 2:04 p.m.
27. Response to 2021 Independent Police Auditor Report (PD) Chief of Police B. Escalante gave a presentation and responded to Councilmember questions.
Mayor Keeley opened the public comment period. The following person spoke.
Peter Gelblum
Mayor Keeley closed the public comment period.
MOTION: Councilmember Kalantari-Johnson moved, seconded by Councilmember Newsome, to receive the follow-up summary from the Santa Cruz Police Department (SCPD) in response to the 2021 Independent Police Auditor Report.
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.
February 14, 2023 CITY COUNCIL MINUTES 6374
General Business (continued)
27. Response to 2021 Independent Police Auditor Report (PD) (continued) Staff Assignments:
Mayor Keeley requested Chief Escalante look into how often the Peace Officer Standards and Training (POST) updates their training program.
Councilmember Brunner requested the reasons why bodycam footage would not be released in a bulleted list format, and requested the updates provided in the packet be published on the SCPD website.
28. Ordinance Amending Chapter 5.10 of the Municipal Code Related to the Annual Living Wage Adjustment Index (FN/CA)
Deputy City Attorney A. Geise 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: Councilmember Brown moved, seconded by Vice Mayor Golder, to introduce for publication Ordinance No. 2023-03 amending Chapter 5.10 of the Santa Cruz Municipal Code related to annual adjustments of the living wage based on Consumer Price Indices published by the Bureau of Labor Statistics.
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.
February 14, 2023 CITY COUNCIL MINUTES 6375
General Business (continued)
29. Sidewalk Vending Ordinance Administrative Amendments and Program Update (PL)
Code Compliance/Rental Manager L. Landry and Principal Management Analyst V. Nguyen gave a presentation and responded to Councilmember questions.
Director of Planning and Community Development L. Butler responded to Councilmember questions.
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 introduce for publication Ordinance No. 2023-04 amending Santa Cruz Municipal Code (SCMC) Chapter 5.82 (“Sidewalk Vending”), with the following changes to Section 5.82.030(a)(3) SIDEWALK VENDING CONDUCT:
Except for the brief duration of time for a roaming sidewalk vendor to conduct sale, to maintain accessibility standards, sidewalk vendors shall not place or allow any obstruction to be placed on the sidewalk that would reduce the width of the sidewalk to a minimum of forty-eight inches, excluding the curb and excluding any sidewalk areas that are made nonpassable due to any obstructions such as posts, parking meters, street trees, planters, or signs that are located have been installed on the sidewalk.
Sidewalk vendors shall maintain their vending display devices at all times in a manner that provides sufficient access to the sidewalk and avoids impeding the flow of pedestrian traffic. At no time, may a sidewalk vendor operate in such a fashion that would violate the Americans with Disabilities Act or state law on accessibility, or cause the sidewalk to narrow in a fashion that violates the accessible path of travel for persons with disabilities, including persons who use wheelchairs or other mobility devices.
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.
February 14, 2023 CITY COUNCIL MINUTES 6376
General Business (continued)
29. Sidewalk Vending Ordinance Administrative Amendments and Program Update (PL) (continued)
MOTION: Councilmember Newsome moved, seconded by Councilmember Kalantari-Johnson to accept the Sidewalk Vending Program update.
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.
Council took a break at 3:23 p.m. and returned at 3:30 p.m.
At this time the Mayor rearranged the agenda to hear the presentation for items 30.1 and 30.2.
Recess - The City Council recessed at 4:19 p.m. to the 6:30 p.m. session.
February 14, 2023 CITY COUNCIL MINUTES 6377
City Council
6:30 PM
Call to Order – Mayor Keeley called the meeting to order at 6:30 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, City Attorney T. Condotti, Finance Director E. Cabell, Director of Planning and Community Development L. Butler (via Zoom), Director of Public Works N. Nguyen (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), 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 6:31 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.
Eric Grodberg spoke regarding building electrification.
Unidentified person spoke regarding police violence, and made suggestions for Council and SCPD to address this locally.
Garrett spoke regarding diversity, equity, and inclusion.
Unidentified person spoke regarding caring for other people, and wishes for affordable housing and food for all.
At 6:41 p.m. Mayor Keeley closed Oral Communications.
February 14, 2023 CITY COUNCIL MINUTES 6378
General Business
30. Mid-Year Update
Finance Director E. Cabell gave a presentation and responded to Councilmember questions.
Mayor Keeley opened the public comment period. The following person spoke.
Unidentified person
Mayor Keeley closed the public comment period.
30.1 FY 2023 Budget Adjustments and Information on City’s Financial Status (FN) MOTION: Councilmember Brown moved, seconded by Councilmember Watkins, to:
Receive a presentation on the City of Santa Cruz’s financial status; Adopt Resolution No. NS-30,106 amending FY 2023 budget appropriation of expenditures to all funds as listed in Exhibit A, in the amount of $15,048,374 including a reduction of $2,924,656 to the General Fund, and a total appropriation of estimated revenues as listed in Exhibit A in the amount of $5,788,384 to all funds, including a net addition of $969,552 to the General Fund; and
Authorize the City Manager to allocate budgetary changes within the applicable funds and departments.
FRIENDLY AMENDMENT: Mayor Keeley requested to add direction for the Director of Finance and the City Manager to provide a report with the FY24 budget regarding sales tax collection remittance relative to street vending.
Councilmembers Brown and Watkins accepted.
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.
February 14, 2023 CITY COUNCIL MINUTES 6379
General Business (continued)
30. Mid-Year Update (continued)
30.2 Resolution Amending the City of Santa Cruz Personnel Complement and Classification and Compensation Plans for the Finance, Parks and Recreation, City Manager, Human Resources, Planning and Community Development, Public Works, Water, and Information Technology (IT) Departments – Budget Adjustment (HR)
MOTION: Councilmember Watkins moved, seconded by Councilmember Kalantari-Johnson, to:
Adopt Resolution No. NS-30,107 amending the Classification and Compensation Plans and the Mid-Year 2023 Budget Personnel Complement by approving classification and position changes in eight city departments; and
Adopt Resolution No. NS-30,108 amending the FY 2023 budget to appropriate funds for the addition of a Facilities Field Supervisor and a SCADA Analyst, and deleting a Management Analyst within the Water Department.
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.
Adjournment
MOTION: Vice Mayor Golder moved, seconded by Councilmember Newsome, to adjourn the meeting.
By consensus City Council adjourned at 6:53 p.m.
RESPECTFULLY SUBMITTED: ss/Julia Wood, Deputy City Clerk Administrator, ATTEST: ss/Bonnie Bush, City Clerk Administrator, APPROVED: ss/Fred Keeley, Mayor.