City of Santa Cruz
809 Center Street
Santa Cruz, California 95060
MINUTES OF A CITY COUNCIL MEETING
March 28, 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, Assistant City Attorney C. Bronson, City Attorney T. Condotti (via Zoom), Director of Economic Development B.
Lipscomb, Deputy City Clerk Administrator J. Wood, City Clerk Administrator B. Bush.
Referral to Closed Session
1. 495 Upper Park Drive and Appurtenances, APN 009-301-06, Portion MOTION: Councilmember Watkins moved, seconded by Councilmember Brown, to refer 495 Upper Park Drive and Appurtenances, APN 009-301-06, Portion 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.
March 28, 2023 CITY COUNCIL MINUTES 6414
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) 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) 1) 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
2) Property: 495 Upper Park Drive and appurtenances
APN: 009-301-06, portion
Owner: City of Santa Cruz
City Negotiator: Bonnie Lipscomb
Negotiating Parties: City of Santa Cruz and Santa Cruz Consolidated Emergency Communications Center (doing business as Santa Cruz Regional 9-1-1) Under Negotiation: Price, terms of payment, or both
Council received a status report from the City Negotiator, and no reportable action was taken.
March 28, 2023 CITY COUNCIL MINUTES 6415
Closed Session (continued)
4. Conference With Legal Counsel – Liability Claims (Government Code §54956.95) Claimant: Russell E. Gross
Claim against the City of Santa Cruz
Council received a status report, took up under agenda item 18, and no reportable action was taken.
5. Conference with Legal Counsel - Existing Litigation (Government Code §54956.9(d)(1))
1) County of Santa Cruz, et al. v. Purdue Pharma L.P., et al. (United States District Court, Northern District of California, Case No. 5:18-cv02803 and United States District Court, Northern District of Ohio, MDL No. 2804, Case No. 17-MD-2804)
2) City of Santa Cruz v. The Regents of the University of California, et al. (Santa Cruz County Superior Court Case No. 22CV00373)
3) Regents of the University of California, et al. v. City of Santa Cruz (Santa Cruz County Superior Court Case No. 20CV02152)
Council received a status report on 5.1 and no reportable action was taken. At the March 14, 2023 Closed Session meeting, and as a means of trying to work towards potential resolution of 5.2 and 5.3, Council gave direction for the Mayor to testify in front of the Board of Regents indicating the Council’s non-opposition to the Student Housing West Project, and meet with the Regents to discuss these pending litigative matters. Council unanimously voted in favor of ratifying those decisions.
6. Conference with Legal Counsel – Anticipated Litigation (Government Code §54956.9(d)(2)
Significant exposure to litigation (one potential case to be discussed) This item was not discussed.
March 28, 2023 CITY COUNCIL MINUTES 6416
Closed Session (continued)
7. Conference with Legal Counsel – Anticipated Litigation (Government Code §54956.9(d)(4))
Initiation of litigation (one potential case to be discussed) This item was not discussed.
March 28, 2023 CITY COUNCIL MINUTES 6417
City of Santa Cruz
809 Center Street
Santa Cruz, California 95060
MINUTES OF A CITY COUNCIL MEETING
March 28, 2023
3:30 PM
Call to Order – Mayor Keeley called the meeting to order at 3:32 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, Assistant City Attorney C. Bronson, City Attorney T. Condotti (via Zoom), Chief of Police B. Escalante, Water Director R. Menard, Director of Planning and Community Development L. Butler, Director of Economic Development B. Lipscomb (via Zoom), Director of Information Technology K. Morgan (via Zoom), Director of Public Works N. Nguyen (via Zoom), Fire Chief R. Oatey (via Zoom), Chief People Officer S. De Leon (via Zoom), Director of Parks and Recreation T. Elliot (via Zoom), Police Sergeant J. Trog, Senior Engineer K. Crossley, Sustainability and Climate Action Manager T. Wise-West, Water Chief Financial Officer D. Baum, Deputy City Clerk Administrator J. Wood, City Clerk Administrator B. Bush.
Presentations
8. Dientes 2022 Oral Health Report
Laura Marcus, CEO of Dientes, gave a presentation on the 2022 Oral Health Report.
9. Overview of Two Major Water Department Capital Investment Projects: The Graham Hill Water Treatment Plant Facility Improvement Project and the Felton to Graham Hill Water Treatment Plant Segment of the Newell Creek Pipeline Replacement Project
Water Director R. Menard and Senior Engineer K. Crossley gave a presentation.
March 28, 2023 CITY COUNCIL MINUTES 6418
Presiding Officer's Announcements
Statements of Disqualification – None.
Additions and Deletions – None.
City Attorney Report on Closed Session – See pages 6413—6415 for the report.
Council Meeting Calendar
10. The City Council reviewed and did not revise the meeting calendar attached to the agenda.
Consent Agenda
Councilmember Brunner made comments on items 13, 14, and 21.
Councilmember Brown made comments on items 17, 20, and 21.
Director of Planning and Community development L. Butler answered Councilmember Brown’s questions regarding item 20.
Councilmember Brown pulled item 14 for further discussion.
Vice Mayor Golder made a comment on item 22.
Mayor Keeley opened the public comment period. The following people spoke:
Unidentified person spoke regarding item 22.
James Ewing Whitman spoke regarding item 22.
Mayor Keeley closed the public comment period.
MOTION: Vice Mayor Golder moved, seconded by Councilmember Watkins, 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.
March 28, 2023 CITY COUNCIL MINUTES 6419
Consent Agenda (continued)
11. Minutes of the March 14, 2023 City Council Meeting (CC) Motion carried to approve as submitted.
12. Minutes of the March 20, 2023 City Council Special Meeting (CC) Motion carried to approve as submitted.
13. Santa Cruz County Hazardous Materials Advisory Commission Nomination (CC) Motion carried to nominate Bob Nelson, Public Works Operations Manager, for appointment by the County Board of Supervisors to the County Hazardous Materials Advisory Commission.
14. Senate Bill 43 – Conservatorship Reform and SB 363 – Behavioral Health Bed Database (CN)
Mayor Keeley opened the public comment period. The following people spoke.
Rhonda Reyna
James Ewing Whitman
Jasmeen Miah
Nicholas Whitehead
Mayor Keeley closed the public comment period.
MOTION: Councilmember Kalantari-Johnson moved, seconded by Councilmember Brunner, to direct the Mayor to send letters to support Senate Bill 43 – Conservatorship Reform and SB 363 – Behavioral Health Bed Database.
FRIENDLY AMENDMENT: Councilmember Kalantari-Johnson requested to add to the letters that State Legislatures look to see that there is funding for implementation. Councilmember Brunner accepted.
FRIENDLY AMENDMENT: Councilmember Kalantari-Johnson requested to direct staff to communicate with the County to consider these bills.
Councilmember Brunner accepted.
March 28, 2023 CITY COUNCIL MINUTES 6420
Consent Agenda (continued)
14. Senate Bill 43 – Conservatorship Reform and SB 363 – Behavioral Health Bed Database (CN) (continued)
ACTION: The motion carried with the following vote.
She correct
AYES: Councilmembers Newsome, Watkins, Brunner, KalantariJohnson; Vice Mayor Golder; Mayor Keeley.
NOES: Councilmember Brown.
ABSENT: None.
DISQUALIFIED: None.
15. Wharf Reinforcement Project (c512203) – Notice of Completion (ED) Motion carried to accept the work of Power Engineering Construction Company as complete per the plans and specifications and authorize the filing of the Notice of Completion for the Wharf Reinforcement Project (c512203).
16. Approval of Second Amendment to Lease and Road Improvement Agreement with the Santa Cruz Consolidated Emergency Communications Center at DeLaveaga Park and Related Authorizing Actions (ED)
Resolution No. NS-30,124 was adopted approving the Second Amendment to the Lease and Road Improvement Agreement with the Santa Cruz Consolidated Emergency Communications Center and authorizing the City Manager, or designee, to negotiate and execute any amendments, subleases, or use agreements and related documents, in forms approved by the City Attorney.
17. Downtown Library and Affordable Housing Development Project Ground Lease Authorization for 119 Lincoln Street (ED)
Resolution No. NS-30,125 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 119 Lincoln Street (APN 005-141-21) between the City of Santa Cruz and DTLMU Investors, L.P. (a California Limited Partnership), and/or or its affiliate(s), for the previously approved Downtown Library Affordable Housing Project on the site.
March 28, 2023 CITY COUNCIL MINUTES 6421
Consent Agenda (continued)
18. Liability Claim Filed Against the City of Santa Cruz (FN) Motion carried to reject the liability claim of Russell E. Gross, based on staff recommendation.
19. Annual Comprehensive Financial Report (ACFR) for the Fiscal Year Ended June 30, 2022 (FN)
Motion carried to receive and file the Annual Comprehensive Financial Report (ACFR), and related reports, for the fiscal year ended June 30, 2022.
20. Annual Housing Element and General Plan Progress Reports (PL) Motion carried to accept the 2022 General Plan and Housing Element Annual Progress Reports and direct staff to submit the reports to the Governor’s Office of Planning and Research and the California Department of Housing and Community Development.
21. SitelogiQ Harvey West Park Ballfield Lighting Project (c402307) – Budget Adjustment (PW)
Resolution No. NS-30,126 was adopted amending the FY 2023 budget and appropriating funds in the amount of $400,000 from Harvey West Ballfield Lighting (c302218) to Comprehensive Energy Solutions - Harvey West Park Ball Field Solar (c402307).
March 28, 2023 CITY COUNCIL MINUTES 6422
Consent Agenda (continued)
22. Emergency Electrical Inspection, Repair and Temporary Generator Installation at the Wastewater Treatment Facility (WWTF), and Approval of Additional Fuel Costs – Authorization of Emergency Contracts and Budget Adjustment (PW) Motion carried to:
Ratify the emergency contract with Cupertino Electric Inc. for inspection and repair of the WWTF main switchboard and temporary standby generator connection in the amount of $95,000 in accordance with Chapter 3.08.160 “Emergency Procurement” of the Municipal Code and in a form approved by the City Attorney. The Public Works Director is authorized to execute change orders within the approved project budget.
Ratify the emergency contract with Aggreko Inc. for temporary standby generator rental at the WWTF in the amount of $171,273.50 in accordance with Chapter 3.08.160 “Emergency Procurement” of the Municipal Code and in a form approved by the City Attorney. The Public Works Director is authorized to execute change orders within the approved project budget. Adopt Resolution No. NS-30,127 to amend the FY 2023 budget and appropriate funds in the amount of $869,400 for emergency fuel costs for the WWTF operating budget – Gas and Oil. The Public Works Director is authorized to execute change orders within the approved project budget.
23. City of Santa Cruz Share of Household Hazardous Waste Collection Program Cost – Budget Adjustment (PW)
Resolution No. NS-30,128 was adopted amending the FY 2023 budget to appropriate funds in the amount of $380,000 for the City of Santa Cruz portion of the County’s Household Hazardous Waste Collection Program.
End Consent Agenda
March 28, 2023 CITY COUNCIL MINUTES 6423
General Business
24. 2023 Legislative Program and Platform (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.
Unidentified person
Unidentified person
Unidentified person
Mayor Keeley closed the public comment period.
MOTION: Councilmember Watkins moved, seconded by Councilmember Kalantari-Johnson, to approve the 2023 Legislative Program and Platform with additional direction to staff to present the Legislative Program to Council in the fall of each year, and that the report focuses on three and no more than five priority issues.
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.
March 28, 2023 CITY COUNCIL MINUTES 6424
General Business (continued)
25. Military Equipment Purchase Request and Policy Update per Assembly Bill 481 (PD)
Chief of Police B. Escalante and Police Sergeant J. Trog gave a presentation.
Mayor Keeley opened the public comment period. The following people spoke.
Lee Brokaw
Jasmeen Miah
Rhonda Reyna
James Ewing Whitman
Unidentified person
Ron Pomerantz
Darius Mohsenin
Robert Norse
Unidentified person
Mayor Keeley closed the public comment period.
MOTION: Councilmember Brunner moved, seconded by Councilmember Newsome, to:
Introduce for publication Ordinance No. 2023-05 amending City of Santa Cruz Municipal Code (“SCMC”) Chapter 9.90 “AB 481 Military Equipment Use”; and
Approve Santa Cruz Police Department (“SCPD”) Policy 705 incorporating the amended inventory of military equipment as defined by Assembly Bill 481.
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.
March 28, 2023 CITY COUNCIL MINUTES 6425
General Business (continued)
26. Approval of $127,730,000 Loan for Water Infrastructure and Finance Innovation Act Loan to Support Implementation of Approved Water Capital Investment Projects (WT)
Water Director R. Menard and Water Chief Financial Officer D. Baum gave a presentation and responded to Councilmember questions.
Mayor Keeley opened the public comment period. The following people spoke.
James Ewing Whitman
Unidentified person
Unidentified person
Ron Goodman
Mayor Keeley closed the public comment period.
MOTION: Councilmember Watkins moved, seconded by Vice Mayor Golder, to adopt Resolution No. NS-30,129 authorizing the City to enter into a loan agreement with the United States Environmental Protection Agency up to the amount of $127,730,000 for projects in the Council-approved capital investment plan (Graham Hill Water Treatment Plant (GHWTP) Facility Improvements Project, Newell Creek Pipeline Replacement (Felton to GHWTP) Project, University Tank 4 Project, and Aquifer Storage and Recovery (ASR) Project) and authorize the City Manager to execute the loan agreement and related documents, in forms approved by the City Attorney, and pay all closing costs.
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.
March 28, 2023 CITY COUNCIL MINUTES 6426
At this time, Council moved to item 27, then returned to Oral Communications.
Oral Communications Announcement - The Mayor provided a brief announcement about Oral Communications.
Oral Communications
At 6:21 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.
Garrett Philip spoke regarding protecting cliff sides with beaches and COVID-19 vaccinations.
James spoke regarding seeing Sheriff Hart and Gail Newell, and COVID-19.
Jasmeen Miah spoke regarding homelessness and the need for emergency shelter during storms.
Unidentified person spoke regarding a book she recently read and the definition of genocide.
Reggie Meisler spoke regarding re striping David Way and the oversized vehicle ordinance.
Unidentified person spoke regarding Ocean Street and feels it is a highly neglected part of the City.
Joy Schendledecker spoke regarding community events that are part of the City Arts Redevelopment Grants.
At 6:36 p.m. Mayor Keeley closed Oral Communications.
March 28, 2023 CITY COUNCIL MINUTES 6427
General Business (continued)
27. Appeal of Proposed Single Space Markings on David Way (PW) Assistant City Attorney C. Bronson spoke.
MOTION: Councilmember Watkins moved, seconded by Vice Mayor Golder, to defer this item to the April 11, 2023 Council meeting, per staff recommendation.
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 – Vice Mayor Golder moved, seconded by Councilmember Watkins, to adjourn. By consensus City Council adjourned at 6:36 p.m.
RESPECTFULLY SUBMITTED: ss/Julia Wood, Deputy City Clerk Administrator, ATTEST: ss/Bonnie Bush, City Clerk Administrator, APPROVED: ss/Fred Keeley, Mayor.