Minutes — Santa Cruz City Council, March 14, 2023

City of Santa Cruz
809 Center Street
Santa Cruz, California 95060

MINUTES OF A CITY COUNCIL MEETING
March 14, 2023
12:00 PM
Mayor Keeley opened the City Council Closed Session at 12:03 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, Watkins, Brunner (arrived at 12:10 p.m.), Kalantari-Johnson; Vice Mayor Golder; Mayor Keeley.

Absent: Councilmember Brown.

Staff: City Manager M. Huffaker, Assistant City Manager L. Schmidt, 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 12:04 p.m. There were no speakers. Mayor Keeley closed the public comment period at 12:04 p.m.

Closed Session
City Attorney T. Condotti announced that a need arose after the agenda was published to add an item to Closed Session for discussion and, due to time constraints, requested the below be added to Closed Session as a subsequent need item.

MOTION: Councilmember Watkins moved, seconded by Councilmember Newsome, to add an item of subsequent need to the Closed Session agenda pertaining to an existing litigation item, City of Santa Cruz v. The Regents of the University of California, et. al., (Santa Cruz County Superior Court Case No. 22CV00373).

March 14, 2023 CITY COUNCIL MINUTES 6394
Closed Session (continued)
ACTION: The motion carried with the following vote.

AYES: Councilmembers Newsome, Watkins, Kalantari-Johnson; Vice Mayor Golder; Mayor Keeley.

NOES: None.

ABSENT: Councilmembers Brown, Brunner.

DISQUALIFIED: None.

The meeting was closed to the public at 12:06 p.m. and Council adjourned to the Courtyard Conference Room.

1. Real Property Negotiations (Government Code §54956.8) 1) Property: 333 Locust Street
APN: 005-033-03
Owner: Smith Laura Trustee, Mathews William G. and Cynthia S. Trustees, and Smith Sara Wood, Trustee
City Negotiator: Bonnie Lipscomb
Negotiating Parties: City of Santa Cruz and Laura Smith Trustee et al.

Under Negotiation: Price, terms of payment, or both
2) Property: Approximately 8.15 acres located on Mount Hermon Road in Scotts Valley, CA
APNs: 022-721-07, 022-721-08, 022-721-09
Owner: City of Santa Cruz
City Negotiator: Bonnie Lipscomb
Negotiating Parties: City of Santa Cruz and City of Scotts Valley Under Negotiation: Price, terms of payment, or both
This item was deferred to a future meeting.

2. Conference With Legal Counsel – Liability Claims (Government Code §54956.95) 1) Claimant: Laural Pannabecker
2) Claimant: Davida Seliger
Claims against the City of Santa Cruz
Council received a status report, took up under agenda item 9, and no reportable action was taken.

March 14, 2023 CITY COUNCIL MINUTES 6395
Closed Session (continued)

3. Conference with Legal Counsel - Anticipated Litigation (Government Code §54956.9(d)(4))
Initiation of litigation (one potential case)
Council met to consider litigation on one potential case.

Conference with Legal Counsel - Existing Litigation (Government Code §54956.9(d)(1))
City of Santa Cruz v. The Regents of the University of California, et. al. (Santa Cruz County Superior Court Case No. 22CV00373)
Council received a status report and took no reportable action.

March 14, 2023 CITY COUNCIL MINUTES 6396
City of Santa Cruz
809 Center Street
Santa Cruz, California 95060

MINUTES OF A CITY COUNCIL MEETING
March 14, 2023
2:00 PM
Call to Order – Mayor Keeley called the meeting to order at 2:07 p.m. in Council Chambers.

Roll Call

Present: Councilmembers Newsome, Brown, Watkins, Brunner (left at 5:53 p.m.), Kalantari-Johnson; Vice Mayor Golder; Mayor Keeley.

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, Director of Planning and Community Development L. Butler (via Zoom), Deputy City Manager L. Murphy (via Zoom), Fire Chief R. Oatey, Water Director R. Menard (via Zoom), Chief People Officer S. De Leon (via Zoom), Director of Parks and Recreation T. Elliot (via Zoom), Director of Public Works N. Nguyen, Transportation Manager M. Starkey, Transportation Planner C. Gallogly, Police Lieutenant W. Morey, Principal Management Analyst J. Mellor, Housing and Community Development Manager J. de Wit, Senior Planner T.

Maier, Deputy City Clerk Administrator J. Wood, City Clerk Administrator B. Bush.

Mayor Keeley called on Councilmember Kalantari-Johnson to announce an event celebrating Persian New Year.

Presentations

4. Parking for Hope Check Presentation
Mayor Keeley spoke and presented a check on behalf of the City to the Downtown Association’s Parking for Hope Program.

Presiding Officer's Announcements – None.

March 14, 2023 CITY COUNCIL MINUTES 6397
Statements of Disqualification – Councilmember Brunner announced she is recusing herself from item 17 in an abundance of caution as this item has an impact on her employer, the Downtown Association.

Additions and Deletions – None.

City Attorney Report on Closed Session – See pages 6393—6395 for the report.

Council Meeting Calendar

5. The City Council reviewed and did not revise the meeting calendar attached to the agenda.

Consent Agenda
Councilmember Brown pulled item 10 for further discussion.

Mayor Keeley opened the public comment period. The following person spoke:

John Golder spoke regarding item 10.

Mayor Keeley closed the public comment period.

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 Extending the Local Emergency Declaration in Connection with the December 2022 and January 2023 Winter Storms (CA/CM)
Resolution No. NS-30,116 was adopted extending by sixty days the Local Emergency Declaration in connection with the December 2022 and January 2023 winter storms.

March 14, 2023 CITY COUNCIL MINUTES 6398
Consent Agenda (continued)

7. Historic Preservation Commission and Planning Commission Appointments (CC) Motion carried to:
 Approve Mayor Keeley’s nomination of Jessie Durant to the Historic Preservation Commission, with a term ending January 31, 2027; and  Approve Mayor Keeley’s nomination of Timerie Gordon and Vice Mayor Golder’s nomination of Michael Polhamus to the Planning Commission, with terms ending January 31, 2027.

8. Minutes of the February 28, 2023 Meeting of the City Council (CC) Motion carried to approve as submitted.

9. Liability Claims Filed Against the City of Santa Cruz (FN) Motion carried to reject the liability claims of 1) Laural Pannabecker and 2) Davida Seliger, based on staff recommendation.

10. Santa Cruz Police Officers' Association and Santa Cruz Police Management Association Tentative Agreements for Successor Memoranda of Understanding (HR)
Mayor Keeley opened the public comment period. The following people spoke.

Leanne Sherwood
Reggie Meisler
Greg Benson
Unidentified person
Unidentified person
Unidentified person
Unidentified person
Mayor Keeley closed the public comment period.

March 14, 2023 CITY COUNCIL MINUTES 6399
Consent Agenda (continued)

10. Santa Cruz Police Officers' Association and Santa Cruz Police Management Association Tentative Agreements for Successor Memoranda of Understanding (HR) (continued)
MOTION: Councilmember Brown moved, seconded by Councilmember Kalantari-Johnson, to adopt Resolution No. NS-30,117 approving tentative agreements with the Police Officers' Association effective March 4, 2023, through March 4, 2026; and Police Management Association effective March 4, 2023, through March 13, 2027.

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.

11. Project Management Support for Information Technology System Implementation (IT)
Motion carried to approve scope of work amendment with HDR, Inc. to extend Project Management Services in support of the City’s implementation of Cityworks, a Computerized Maintenance Management System, and authorize the City Manager to execute the contract amendment in a form approved by the City Attorney.

12. Chestnut Street Storm Drain Replacement and Pavement Rehabilitation (c401505) – Notice of Completion (PW)
Motion carried to accept the work of Granite Rock, Inc. (Watsonville, CA) as completed per the plans and specifications and authorize the filing of the Notice of Completion for Chestnut Street Storm Drain Replacement and Pavement Rehabilitation (c401505).

March 14, 2023 CITY COUNCIL MINUTES 6400
Consent Agenda (continued)

13. 3rd Quarter FY 2023 Water Department Capital Investment Program Transfer – Budget Adjustment (WT)
Resolution No. NS-30,118 was adopted amending the FY 2023 budget and transferring budget appropriations within the Water Department Capital Investment Program (CIP) to update various project budgets with current cost forecasts.

14. Newell Creek Instream Habitat Restoration – Large Woody Debris Project – Approval of CEQA Exemption, Plans and Specifications, and Authorization to Advertise for Bids and Award Contract (WT)
Motion carried to approve the Plans and Specifications for the Newell Creek Instream Habitat Restoration – Large Woody Debris Project (c701606) and authorize staff to advertise for bids and find the Project exempt under the California Environmental Quality Act. The City Manager is hereby authorized and directed to execute the contract as authorized by Resolution No. NS27,563. The Water Director is authorized to execute change orders within the approved project budget.

End Consent Agenda
March 14, 2023 CITY COUNCIL MINUTES 6401
Public Hearings

15. Appeal of the Transportation and Public Works Commission’s Approval of Parking Removal on Laurel Street as part of the Laurel Street Vision Zero Striping Improvements Plan (m400029) (PW)
Transportation Manager M. Starkey, Transportation Planner C. Gallogly, and Police Lieutenant W. Morey gave a presentation and responded to Councilmember questions.

Appellant Robin Belkin spoke regarding this item.

Director of Public Works N. Nguyen responded to Councilmember questions.

Mayor Keeley opened the public comment period. The following people spoke.

Andrew Jarvis
Unidentified person
Norian Wilder
Chris Sager
Jonathan Goren
Susan Monheit
Unidentified person
Unidentified person
Kay Kotanaguchi
Pauline Seales
Michelle Taniguchi
Crystine Hawley
Unidentified person
Ron Goodman
Bodie Shargel
Ryan Meckel
Nairi
Garrett
Keresha Durham
Kyle Kelley
Lola Quiroga
Candace Brown
Phil Boutelle
Mayor Keeley closed the public comment period.

Appellant Robin Belkin provided a rebuttal.

March 14, 2023 CITY COUNCIL MINUTES 6402
Public Hearings (continued)

15. Appeal of the Transportation and Public Works Commission’s Approval of Parking Removal on Laurel Street as part of the Laurel Street Vision Zero Striping Improvements Plan (m400029) (PW) (continued)
MOTION: Councilmember Kalantari-Johnson moved, seconded by Councilmember Newsome, to:
 Adopt Resolution No. NS-30,119 denying the appeal and upholding the Transportation and Public Works Commission’s (Commission) approval of the design and installation of the proposed striping on Laurel Street between Mission Street and Chestnut Street, including mitigation conditions set forth by the Commission and, to the extent possible, ensure the Commission’s mitigation conditions are implemented prior to or simultaneous to striping and removing of parking; and
 Direct staff to continue to pursue grant funding to increase lighting on Laurel Street; and
 Direct staff to pursue additional diagonal parking on Myrtle Street with neighbors.

FRIENDLY AMENDMENT: Mayor Keeley requested to amend the motion and add: Direct the City Manager to return at budget hearings with a plan for installing safety devices that prohibit loitering on islands or medians at the City’s ten most busy intersections. Councilmembers Kalantari-Johnson and Newsome 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.

Council took a break at 4:55 p.m. and returned at 5:16 p.m.

March 14, 2023 CITY COUNCIL MINUTES 6403
Public Hearings (continued)

16. 2023-2024 U.S. Department of Housing and Urban Development (HUD) Annual Action Plan, Amendment to the 2019-2020 HUD, Amendment to the 2020-2025 Consolidated Plan, and Amendment to the Citizen Participation Plan (ED) Principal Management Analyst J. Mellor and Housing and Community Development Manager J. de Wit gave a presentation and responded to Councilmember questions.

Mayor Keeley opened the public comment period. The following people spoke.

Gary Reece
Unidentified person
Jessie Bond
Unidentified person
Peter Bichier
Darius Mohsenin
Mayor Keeley closed the public comment period.

Director of Parks and Recreation T. Elliot responded to Councilmember questions.

MOTION: Councilmember Newsome moved, seconded by Councilmember Watkins, to:
 Make initial funding recommendations for the 2023-2024 U.S. Department of Housing and Urban Development (HUD) Annual Action Plan for both Community Development Block Grant (CDBG) and Home Investment Partnerships Program (HOME).
 Amend the 2019-2020 U.S. Department of Housing and Urban Development (HUD) Annual Action Plan for Community Development Block Grant (CDBG) and direct staff to submit to HUD for approval.
 Direct staff to submit the 2023 Lower Ocean/Downtown/River Neighborhood Revitalization Strategy Area (NRSA) Plan as an amendment to the 2020-2025 Consolidated Plan.
 Amend the Citizen Participation Plan (CPP) to reflect the merger of the Community Programs Committee with the Health in All Policies Committee and amend the public input schedule for all HUD Plans.

March 14, 2023 CITY COUNCIL MINUTES 6404
Public Hearings (continued)

16. 2023-2024 U.S. Department of Housing and Urban Development (HUD) Annual Action Plan, Amendment to the 2019-2020 HUD, Amendment to the 2020-2025 Consolidated Plan, and Amendment to the Citizen Participation Plan (ED) 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 5:53 p.m. and returned at 6:26 p.m.

Mayor Keeley reordered the agenda and heard item 17 at this time.

Oral Communications Announcement - The Mayor provided a brief announcement about Oral Communications.

Oral Communications
At 9:01 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 Quimby fees.

Unidentified person spoke regarding West Cliff Drive sustainability.

Alicia Kuhl spoke regarding a 24-hour warming center, motel vouchers, or emergency shelter during crisis events, in support of Food Not Bombs, and the safety of women and the unsheltered community.

Unidentified person spoke regarding the victimization of vehicle owners on Ocean Street.

Unidentified person spoke in support of Food Not Bombs, and the need for public amenities such as water fountains.

At 9:15 p.m. Mayor Keeley closed Oral Communications.

March 14, 2023 CITY COUNCIL MINUTES 6405
Public Hearing

Statutory Exemption – Section 21083.3 / State CEQA Guidelines Section 15183; Categorical Exemptions Sections 15532 and 15305) (PL)
Senior Planner T. Maier gave a presentation and responded to Councilmember questions.

Mayor Keeley opened the public comment period. The following people spoke.

Jane Doyle
Laura Marcus
Nettie Calvin
Rene Baez
Keresha Durham
Unidentified person
Unidentified person
Joanne Katzen
Lizbeth Aveliz
Susan Cavalieri
Unidentified person
Kyle Kelley
Unidentified person
John Hall
Dena Lojios
Barbara Riverwoman
Eric Grodberg
Coral Brune
Lara Filipini
March 14, 2023 CITY COUNCIL MINUTES 6406
Public Hearing (continued)

Abe Jayson, with Jayson Architecture, and Jim Rendler, with For Future Housing, responded to Councilmember questions.

MOTION: Councilmember Brown moved, to:
 Approve the Heritage tree removal permit TR-22-201, applied for on October 12, 2022, for removal of the following trees on Lot 4 (using tree numerical designations established in the Dyad arborist report of January 18, 2022): tree #s 1, 2, 3, 4, 6, 7, 8, 9, 12, conditional upon City Council approval of a building permit for the Library Affordable Housing Project on Lot 4.

March 14, 2023 CITY COUNCIL MINUTES 6407
Public Hearing (continued)

17. Nonresidential Demolition Authorization Permit, Special Use Permit, Design Permit, Lot-line Adjustment, Density Bonus Request, and Heritage Tree Removal Permit to Demolish the Existing Surface Parking Lot and Structures and Construct the Downtown Library Affordable Housing Project (PL) (continued)
MOTION (continued):
 Direct that city staff have the Library, Affordable Housing Project developer and project architect develop an alternative conceptual design for the Library, Affordable Housing Project that could accommodate the two liquidambar, tree #s 10 and 11, to be provided to the City Council no later than May 1, 2023.
 Direct that the alternative conceptual design for the Library Affordable Housing Project shall not sacrifice any programmatic goals of the Downtown Library or the childcare center.
 Direct that city staff have the Library Affordable Housing Project developer and project architect consider in its alternative conceptual design for the Library Affordable Housing Project the possibility of incorporating tree #5, a non-Heritage tree, into the outdoor space of the childcare center of the Library, Affordable Housing Project.
 Pursuant to these requests, direct that the Council, at its next meeting following the provision of the alternative conceptual design, make a decision either to affirm that the final design will accommodate Heritage tree #s 10 and 11 (and possibly non-Heritage tree #5) as provided in the alternative design or approve the Heritage tree removal permit for Heritage tree #s 10 and 11, conditional upon City Council approval of a building permit for the Library Affordable Housing Project on Lot 4.  Affirm that for the purposes of seeking sources of funding for the Library, Affordable Housing Project, this motion establishes a decision framework for final development of architectural construction plans, and that the decision concerning which alternative to pursue shall have no effect on final issuance of a building permit for the Library Affordable Housing Project.

Motion failed due to lack of a second.

March 14, 2023 CITY COUNCIL MINUTES 6408
Public Hearing (continued)

17. Nonresidential Demolition Authorization Permit, Special Use Permit, Design Permit, Lot-line Adjustment, Density Bonus Request, and Heritage Tree Removal Permit to Demolish the Existing Surface Parking Lot and Structures and Construct the Downtown Library Affordable Housing Project (PL) (continued)
MOTION: Councilmember Newsome moved, seconded by Vice Mayor Golder, to adopt Resolution No. NS-30,120 acknowledging the environmental determination and approving the Nonresidential Demolition Authorization Permit, Special Use Permit, Design Permit, Lot-line Adjustment, and Density Bonus request, and upholding the Parks and Recreation Commission’s approval of the Heritage Tree Removal Permit, allowing demolition of the existing surface parking lot and structures, removal of the existing trees, and construction of the Library Affordable Housing Project, based on the finding, including the staff modification of Conditions #74 and 75, and with the following revision to Condition #73 of the Conditions of Approval:
 74 Electric Vehicle Parking: 25 parking spaces shall be provided with Level 2 Electric Vehicle Charging Stations (EVCS) before occupancy; 99 additional parking spaces shall provide the electrical capacity to add Level 1 EVCS in the future electrical infrastructure for future expansion shall also be incorporated in the design, including conduit.
 75 Accommodation of Future Food Service Use: All The ground floor commercial spaces shall be constructed to accommodate a future food service use. Plans shall also show the locations of grease traps, grease lines, and grease storage facilities.
 Revise condition #73 Tree Replacement: (modifications underlined):

A total of nine fourteen (14) 24-inch box size replacement street trees will shall be installed around the proposed library building to replace the nine Heritage Trees to be removed to accommodate the proposed project.

Additionally, City staff will plant twelve (12) street trees, of 24-inch box size, at off-site locations within the City’s greater downtown area.

Locations and species shall be identified by the Parks & Recreation Department, consistent with the Downtown Plan and Approved Street Tree List. Additionally, another ten (10) trees shall also be planted in the greater downtown area. In total, 21 thirty-six (36) replacement street trees will be installed in the greater downtown area to offset the nine Heritage Trees currently proposed for removal at the library site. All such trees shall be planted prior to issuance of certificate of occupancy for any affordable housing unit.

March 14, 2023 CITY COUNCIL MINUTES 6409
Public Hearing (continued)

Councilmember Newsome and Vice Mayor Golder accepted.

ACTION: The motion carried as amended with the following vote.

AYES: Councilmembers Newsome, Watkins, Kalantari-Johnson; Vice Mayor Golder; Mayor Keeley.

NOES: Councilmember Brown.

ABSENT: None.

DISQUALIFIED: Councilmember Brunner.

Adjournment – Vice Mayor Golder moved, seconded by Councilmember Watkins, to adjourn the meeting. By consensus, the City Council adjourned at 9:15 p.m.

RESPECTFULLY SUBMITTED: ss/Julia Wood, Deputy City Clerk Administrator, ATTEST: ss/Bonnie Bush, City Clerk Administrator, APPROVED: ss/Fred Keeley, Mayor.

Santa Cruz City CouncilMarch 14, 2023

Santa Cruz City Council
March 14, 2023