MINUTES ARE UNOFFICIAL UNTIL APPROVED BY COUNCIL
City of Santa Cruz
809 Center Street
Santa Cruz, California 95060
MINUTES OF A CITY COUNCIL MEETING
February 28, 2023
1:30 PM
Mayor Keeley opened the City Council Closed Session at 1:34 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, Brunner, Kalantari-Johnson; Vice Mayor Golder; Mayor Keeley.
Absent: Councilmember Watkins.
Staff: City Manager M. Huffaker, City Attorney T. Condotti, Deputy City Clerk Administrator J. Wood, City Clerk Administrator B. Bush.
Public Comment
Mayor Keeley opened the public comment period at 1:35 p.m. There were no speakers. Mayor Keeley closed the public comment period at 1:35 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 – Sara De Leon
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 – Anticipated Litigation (Government Code §54956.9(d)(2)
Significant exposure to litigation (1 potential case to be discussed) Council received a status report, and took no reportable action.
Below item 3.1 was deleted prior to the meeting and was not discussed.
3. Conference with Legal Counsel - Existing Litigation (Government Code §54956.9(d)(1))
1) Don’t Morph the Wharf! v. City of Santa Cruz et al.
(Santa Cruz County Superior Court Case No. 20CV02731)
2) Destiney Rodgers v. Nicole Adamo, et al.
Santa Cruz County Superior Court Case No. 22CV00944
Council received a status report and, by motion, unanimously approved to direct the City Attorney’s Office to file a cross-complaint against the current defendant, Santa Cruz Pacific Associates.
4. Conference With Legal Counsel – Liability Claims (Government Code §54956.95) 1) Claimant: Mochi Xue
2) Claimant: Joziah Justin Gran
3) Claimant: April R. Laird
4) Claimant: Capital Insurance Group
5) Claimant: Brian Todd Shulman
Council received a status report, took up under agenda item 11, and no reportable action was taken.
February 28, 2023 CITY COUNCIL MINUTES 6383
City of Santa Cruz
809 Center Street
Santa Cruz, California 95060
MINUTES OF A CITY COUNCIL MEETING
February 28, 2023
2:45 PM
Call to Order – Mayor Keeley called the meeting to order at 2:47 p.m. in Council Chambers.
Roll Call
Present: Councilmembers Newsome, Brown, Watkins (arrived at 2:48 p.m.), Brunner, Kalantari-Johnson; Vice Mayor Golder; Mayor Keeley.
Absent: None.
Staff: City Manager M. Huffaker, Assistant City Manager L. Schmidt, City Attorney T. Condotti, Director of Public Works N. Nguyen, Chief of Police B. Escalante, 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, Chief People Officer S. De Leon (via Zoom), Deputy City Manager L. Murphy (via Zoom), Library Director Y. Wilburn (via Zoom), Purchasing Manager E. Millwee (via Zoom), Transportation Planner C. Gallogly, Deputy City Clerk Administrator J. Wood, City Clerk Administrator B. Bush.
At this time Mayor Keeley called for a moment of silence in honor of Loran "Butch" Baker and Elizabeth Butler.
Presentation
5. Mayoral Proclamation in Solidarity with the People of Ukraine on the One-Year Anniversary of Russia’s Invasion of Ukraine
Mayor Keeley presented Tatiana Berdiak with a proclamation in solidarity with the people of Ukraine.
Presiding Officer's Announcements – None.
Statements of Disqualification – None.
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Additions and Deletions – None.
City Attorney Report on Closed Session – See pages 6381—6382 for the report.
Council Meeting Calendar
6. The City Council reviewed and did not revise the meeting calendar attached to the agenda.
Consent Agenda
Purchasing Manager E. Millwee responded to Councilmember Brunner’s questions regarding item 12.
Councilmember Kalantari-Johnson made a comment on item 9 and requested to direct staff to include the County in the work, specifically implementation of some of the state legislation, and have the County present Council with an implementation plan and other efforts around crisis response to the unhoused at a future meeting.
Homelessness Response Manager L. Imwalle responded to Councilmember Brown’s question regarding item 9.
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 Agenda, including the amendment to item 9.
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.
7. Minutes of the February 14, 2023 City Council Meeting (CC) Motion carried to approve as submitted.
8. Commission for the Prevention of Violence Against Women Appointment (CC) Motion carried to approve Vice Mayor Golder’s nomination of Anissa Novak to the Commission for the Prevention of Violence Against Women.
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Consent Agenda (continued)
9. Authorization for Application and Acceptance of California Interagency Council on Homelessness Grant Funds for Encampment Resolution Funding Program Round 2 (ERF-2-R) (CM)
Motion carried to:
Adopt Resolution No. NS-30,109 authorizing the City Manager to apply for and accept the California Interagency Council on Homelessness Grant Funds for Encampment Resolution Funding Program Round 2 (ERF-2-R) and, if awarded, to execute any agreement(s) or documents in a form to be approved by the City Attorney and take any other actions necessary for implementation of the grant-funded project.
Direct staff to include the County in the work, specifically implementation of some of the state legislation, and have the County present Council with an implementation plan and other efforts around crisis response to the unhoused at a future meeting.
10. Resolution Ratifying Identifying Authorized Agents (FD) Resolution No. NS-30,110 was adopted identifying authorized agents on behalf of the City of Santa Cruz who are authorized by the City Council to engage with the Federal Emergency Management Agency (FEMA) and the California Office of Emergency Services (Cal OES) regarding grants that have been applied for.
11. Liability Claims Filed Against the City of Santa Cruz (FN) Motion carried to reject the liability claims of 1) Mochi Xue, 2) Joziah Justin Grant, 3) April R. Laird, 4) Capital Insurance Group, and 5) Brian Todd Shulman, based on staff recommendation.
12. Living Wage Rate Annual Prescription for Fiscal Year 2024 (FN) Resolution No. NS-30,111 was adopted upwardly indexing the prescribed minimum living wage rate by 6.4%, the amount which corresponds to San Francisco-Oakland-Hayward Area Consumer Price Index (CPI) for Urban Wage Earners and Clerical Workers, for the period ending October 31, 2022, to become effective July 1, 2023; and rescinding Resolution No. NS-29,996.
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Consent Agenda (continued)
13. Resolution Approving Fire Management Association Memorandum of Understanding (HR)
Resolution No. NS-30,112 was adopted approving the Fire Management Association (FMA) Memorandum of Understanding.
14. Garfield Park Branch Public Library Renovation (c351802) – Notice of Completion (LB)
Motion carried to accept the work of CRW Industries, Inc. (Scotts Valley, CA) as completed per plans and specifications and authorizing the filing of a Notice of Completion for the Garfield Park Branch Public Library Renovation Project (c351802).
15. Rising Prices for City Vehicle and Equipment Fuel – Budget Adjustment (PW) Resolution No. NS-30,113 was adopted amending the FY 2023 budget to appropriate funds in the amount for $333,000 to fund rising fuel expenses.
16. Recycling Center Storm Water Quality Improvements (c402111) – Award Contract (PW)
Motion carried to approve a contract modification and change order with Pacific States Environmental (Dublin, CA), for providing storm water treatment system rental at the Resource Recovery Facility Recycling Center. 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 project budget.
17. Approval of Amendment to Marketing Contract – Go Santa Cruz Downtown Employee Transportation Demand Management Program (PW)
Motion carried to approve the amendment to the existing agreement with Miller Maxfield (Santa Cruz, CA) to add an additional three years of marketing services for the GO Santa Cruz Transportation Demand Management (TDM) program for downtown employees.
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Consent Agenda (continued)
18. San Lorenzo Riverwalk Lighting Project (c401910) – Notice of Completion (PW) Motion carried to accept the work of Alfaro Communications Construction, Inc. (Compton, CA) as completed per the plans and specifications and authorize the filing of the Notice of Completion for the San Lorenzo Riverwalk Lighting Project (c401910).
19. Branciforte Creek Bank Stabilization – Professional Services Agreement Amendment (WT)
Motion carried to:
Accept the proposal of Cal Engineering & Geology (Walnut Creek, CA) for design, permitting, and construction-support services of the Branciforte Streambank Repair Project in the amount of $111,310, and to authorize the City Manager to execute an agreement in a form to be approved by the City Attorney; and
Authorize the Water Director to approve change orders with Cal Engineering & Geology in a form to be approved by the City Attorney for amounts that are within the approved project budget.
20. Rodriguez Street Water Main Replacement Project - Notice of Completion (WT) Motion carried to accept the work of Anderson Pacific Engineering Construction, Inc. (Santa Clara, CA) as complete per the plans and specifications, authorize the filing of a Notice of Completion for the Rodriguez Street Water Main Replacement Project, and further authorize the Water Director to sign the Notice of Completion as the Owner’s Authorized Agent.
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 28, 2023 CITY COUNCIL MINUTES 6388
Consent Public Hearings (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.
21. 2nd Reading and Final Adoption of Ordinance No. 2023-03 Amending Chapter
5.10 of the Municipal Code Related to the Annual Living Wage Adjustment Index (FN/CA)
Motion carried to adopt 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.
22. 2nd Reading and Final Adoption of Ordinance No. 2023-04 for Sidewalk Vending Administrative Amendments and Program Update (PL)
Motion carried to adopt Ordinance No. 2023-04 amending Santa Cruz Municipal Code (SCMC) Chapter 5.82 (“Sidewalk Vending”).
General Business
23. West Cliff Update, Temporary Traffic Control Efforts, and Traffic Control Next Steps (CM/PW)
Assistant City Manager L. Schmidt and Director of Public Works N. Nguyen gave a presentation and responded to Councilmember questions.
City Manager M. Huffaker and Finance Director E. Cabell responded to Councilmember questions.
Mayor Keeley opened the public comment period. The following people spoke.
Nicholas Whitehead
Bob Goldbeck
Al Ramadan
Shaun Burns
Garrett
Nairi
February 28, 2023 CITY COUNCIL MINUTES 6389
General Business (continued)
Public Comment (continued)
Unidentified person
Unidentified person
Unidentified person
Unidentified person
Glenn Seiler
Nancy
Kim Dean
Unidentified person
Unidentified person
Mayor Keeley closed the public comment period.
MOTION: Vice Mayor Golder moved, seconded by Councilmember Kalantari-Johnson, to:
1) Receive an update on citywide West Cliff work; and
2) Retroactively approve the design and installation of traffic striping and signage for emergency protective measures on West Cliff Drive due to the January 2023 storm damage; and
3) Direct staff to coordinate work, including community outreach, to determine pilot of one-way traffic controls options and neighborhood traffic calming in and around the West Cliff storm damage area between Columbia Street and Almar Avenue during repairs.
4) Return to Council in May for approval to pilot West Cliff Drive with one-way automobile traffic options, two-way bicycle and pedestrian access, neighborhood traffic calming measures, and monitoring plan in and around Columbia Street, Almar Avenue, and Delaware Avenue; and 5) Adopt Resolution No. NS-30,114 amending the FY 2023 budget to appropriate $700,000 from the General Fund stabilization reserve to a West Cliff Resiliency and Accessibility project; and
6) Authorize staff to advertise and award for professional services to design West Cliff Drive Pilot Project with Neighborhood Traffic Calming in and around Columbia Street, Almar Avenue, and Delaware Avenue. The City Manager is hereby authorized and directed to execute the contracts in a form approved by the City Attorney. The Public Works Director is authorized to execute change orders within the approved budget.
February 28, 2023 CITY COUNCIL MINUTES 6390
General Business (continued)
23. West Cliff Update, Temporary Traffic Control Efforts, and Traffic Control Next Steps (CM/PW) (continued)
FRIENDLY AMENDMENT: Councilmember Brunner requested to amend #3 as follows.
3) Direct staff to coordinate work, including community outreach, to determine pilot of one-way traffic controls options and neighborhood traffic calming in and around the West Cliff storm damage area.
Vice Mayor Golder did not accept.
SUBSTITUTE MOTION: Councilmember Brunner moved, to:
1) Receive an update on citywide West Cliff work; and
2) Retroactively approve the design and installation of traffic striping and signage for emergency protective measures on West Cliff Drive due to the January 2023 storm damage; and
3) Direct staff to coordinate work, including community outreach, to determine pilot of one-way traffic controls options and neighborhood traffic calming in and around the West Cliff storm damage area. 4) Return to Council in May for approval to pilot West Cliff Drive with one-way automobile traffic options, two-way bicycle and pedestrian access, neighborhood traffic calming measures, and monitoring plan in and around Columbia Street, Almar Avenue, and Delaware Avenue; and 5) Adopt Resolution No. NS-30,114 amending the FY 2023 budget to appropriate $700,000 from the General Fund stabilization reserve to a West Cliff Resiliency and Accessibility project; and
6) Authorize staff to advertise and award for professional services to design West Cliff Drive Pilot Project with Neighborhood Traffic Calming in and around Columbia Street, Almar Avenue, and Delaware Avenue. The City Manager is hereby authorized and directed to execute the contracts in a form approved by the City Attorney. The Public Works Director is authorized to execute change orders within the approved budget.
The substitute motion failed due to lack of a second.
February 28, 2023 CITY COUNCIL MINUTES 6391
General Business (continued)
23. West Cliff Update, Temporary Traffic Control Efforts, and Traffic Control Next Steps (CM/PW) (continued)
ACTION: The original 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.
Staff Assignment:
Vice Mayor Golder requested to seek enforcement at the West Cliff stop signs.
Public Hearing
24. Resolution 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 Newsome moved, seconded by Councilmember Brown, to adopt Resolution No. NS-30,115 to annex the remaining parcels at 538 Center Street (Assessors Parcel Numbers 005-148-17, 005-148-21, and 005- 148-24) in to 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 28, 2023 CITY COUNCIL MINUTES 6392
Oral Communications Announcement - The Mayor provided a brief announcement about Oral Communications.
Oral Communications
At 4:59 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 lack of representation at Association of Monterey Bay Area Governments (AMBAG), and California Forward.
Rhonda Reyna spoke regarding being the victim of severe domestic violence.
Garrett spoke regarding the COVID-19 emergency declarations.
At 5:07 p.m. Mayor Keeley closed Oral Communications.
Adjournment – Vice Mayor Golder moved, seconded by Councilmember Brown, to adjourn. By consensus City Council adjourned at 5:08 p.m.
RESPECTFULLY SUBMITTED: ss/Julia Wood, Deputy City Clerk Administrator, ATTEST: ss/Bonnie Bush, City Clerk Administrator, APPROVED: ss/Fred Keeley, Mayor.