City of Santa Cruz
809 Center Street
Santa Cruz, California 95060
MINUTES OF A CITY COUNCIL MEETING
April 11, 2023
1:30 PM
Mayor Keeley opened the City Council Closed Session at 1:32 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 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 1:32 p.m. The following person spoke:
Nancy Rowe
Mayor Keeley closed the public comment period at 1:38 p.m.
April 11, 2023 CITY COUNCIL MINUTES 6429
City Attorney T. Condotti announced that a matter needed to be added to the Closed Session agenda as a subsequent need item to seek the Council’s authorization to join an amicus brief being prepared by the Public Rights Project in support of the FDA’s appeal of a decision by a District Court judge in Texas.
MOTION: Councilmember Watkins moved, seconded by Vice Mayor Golder, to add Alliance for Hippocratic Medicine, et al., v. US Food and Drug Administration - U.S.
Court of Appeals (Fifth Circuit) Case No. 23-10362 to the Closed Session 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.
The meeting was closed to the public at 1:40 p.m. and Council adjourned to the Courtyard Conference Room.
Closed Session
1. Conference With Legal Counsel – Liability Claims (Government Code §54956.95) 1) Claimant: Nancy P. Rowe
2) Claimant: Precision Grade Inc.
Claims against the City of Santa Cruz
Council received a status report, took up under agenda item 8, and no reportable action was taken.
2. Conference with Legal Counsel – Anticipated Litigation (Government Code §54956.9(d)(2)
Significant exposure to litigation (one potential case to be discussed) Council received a status report, and no reportable action was taken.
April 11, 2023 CITY COUNCIL MINUTES 6430
Closed Session (continued)
3. Real Property Negotiations (Government Code §54956.8) 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
Council received a status report from the City Negotiator, and no reportable action was taken.
April 11, 2023 CITY COUNCIL MINUTES 6431
City of Santa Cruz
809 Center Street
Santa Cruz, California 95060
MINUTES OF A CITY COUNCIL MEETING
April 11, 2023
3:00 PM
Call to Order – Mayor Keeley called the meeting to order at 3:00 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, Chief of Police B. Escalante, Director of Information Technology K. Morgan, Director of Planning and Community Development L. Butler, Director of Public Works N. Nguyen, Director of Economic Development B. Lipscomb (via Zoom), Finance Director E.
Cabell (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), Transportation Planner J.
Edmonds, Senior Planner S. Neuse, Transportation Planner C. Gallogly, Superintendent of Parking Services H. Sawyer, Deputy City Clerk Administrator J. Wood, City Clerk Administrator B. Bush.
Presentations
4. Presentation of Care Court Legislation
Nicole Coburn, Sven Stafford, and Heather Rogers, with the County of Santa Cruz, gave a presentation on Care Court legislation. Mayor Keeley opened the public comment period. The following person spoke.
James Ewing Whitman
Mayor Keeley closed the public comment period.
Presiding Officer's Announcements – None.
Statements of Disqualification – None.
April 11, 2023 CITY COUNCIL MINUTES 6432
Additions and Deletions – None.
City Attorney Report on Closed Session – See pages 6429—6430 for the report.
Council Meeting Calendar
5. The City Council reviewed and did not revise the meeting calendar attached to the agenda.
Consent Agenda
Mayor Keeley opened the public comment period. The following person spoke:
James Ewing Whitman spoke regarding item 13.
Mayor Keeley closed the public comment period.
MOTION: Vice Mayor Golder moved, seconded by Councilmember Watkins, 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. Minutes of the March 28, 2023 City Council Meeting (CC) Motion carried to approve as submitted.
7. Municipal Wharf License Agreement with Humble Sea, Inc. at 45 Municipal Wharf (ED)
Motion carried to authorize and direct the City Manager to execute a revocable Municipal Wharf License Agreement and any amendments thereto of a nonsubstantive nature, in a form acceptable to the City Attorney, with Humble Sea, Inc. (doing business as Humble Sea Brewing Company) for the operation of a prototyping pop-up event space serving craft beer with food truck service at 45 Municipal Wharf.
April 11, 2023 CITY COUNCIL MINUTES 6433
Consent Agenda (continued)
8. Liability Claims Filed Against the City of Santa Cruz (FN) Motion carried to reject the liability claim of 1) Nancy P. Rowe; and to return as late the claim of 2) Precision Grade Inc., based on staff recommendation.
9. Professional Services Agreement for the Development of a Request for Proposal in the Selection of a New Enterprise Resource Planning Software Solution (IT) Motion carried to:
Adopt Resolution No. NS-30,130 amending the FY 2023 budget in the amount of $165,200 for funding related to selecting a new Enterprise Resource Planning (ERP) software solution; and
Authorize the City Manager to execute a professional services agreement and scope of work with Berry Dunn McNeil & Parker, LLC (BerryDunn) in a form approved by the City Attorney to support the City of Santa Cruz (City) in developing a Request for Proposal (RFP) in selecting a new Enterprise Resource Planning (ERP) software solution.
10. Caltrans Sustainable Transportation Planning Grant Application - Active Transportation Plan Update (PW)
Motion carried to ratify the application for the California Department of Transportation Sustainable Transportation Planning Grant Program for the Active Transportation Plan Update, and further authorize the City Manager to accept and appropriate funds should the City be awarded.
11. Resource Recovery Facility Cell 3B Development Project (c401909) – Notice of Completion (PW)
Motion carried to accept the work of Sukut Construction, LLC (Santa Ana, CA) and authorize the filing of the Notice of Completion for the Resource Recovery Facility Cell 3B Development Project (c401909).
April 11, 2023 CITY COUNCIL MINUTES 6434
Consent Agenda (continued)
12. Contract Amendment 1 for Santa Cruz County Regional Bike Share Program (PW)
Motion carried to authorize the City Manager to execute all amendments to the Professional Service Agreement for Santa Cruz County Regional Bike Share Program in a form acceptable to the City Attorney.
13. Meter Replacement Project – Notice of Completion (WT) Motion carried to accept the work of Utility Partners of America, Inc. (Greenville, SC) as complete per the agreement and authorize the filing of a Notice of Completion for the Meter Replacement Project and to authorize the Water Director to sign the Notice of Completion as the Owner’s Authorized Agent.
14. Ratify Purchase Orders with Core & Main LP, Ferguson Enterprises, Iconix Waterworks, and Pace Supply for Water Distribution Parts and Materials (WT) Motion carried to ratify purchase orders exceeding the formal bid limit for Core & Main LP (St Louis, MO), Ferguson Enterprises LLC (Newport News, VA), Iconix Waterworks Inc. (Snohomish, WA), and Pace Supply (Santa Clara, CA) for Water Distribution parts and materials as needed.
End Consent Agenda
April 11, 2023 CITY COUNCIL MINUTES 6435
Public Hearings
15. 2nd Reading and Final Adoption of Ordinance No. 2023-05 Amending the Santa Cruz Municipal Code Chapter 9.90 "AB 481 Military Equipment Use" (PD) Mayor Keeley opened the public comment period. The following person spoke.
James Ewing Whitman
Mayor Keeley closed the public comment period.
MOTION: Councilmember Brunner moved, seconded by Councilmember Brown, to adopt Ordinance No. 2023-05 amending City of Santa Cruz Municipal Code (“SCMC”) Chapter 9.90 “AB 481 Military Equipment Use,” and direct staff to ensure that future agenda language highlights the items being added or deleted from the military equipment list.
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.
16. Ordinance Amending Title 24 of the Municipal Code - Zoning Ordinance Chapters 24.12 and Chapter 24.22: Parking and Bicycle Parking Regulations, Including Updates to the Local Coastal Program Implementation Plan.
Applicant: City of Santa Cruz. Location: Citywide. Environmental Review:
Exempt/Reuse of Prior Environmental Impact Report (PW/PL) Transportation Planner J. Edmonds and Senior Planner S. Neuse gave a presentation and responded to Councilmember questions.
Transportation Planner C. Gallogly and Director of Planning and Community Development L. Butler responded to Councilmember questions.
Mayor Keeley opened the public comment period. The following people spoke.
James Ewing Whitman
Ryan Meckel
Eric Grodberg
Candace Brown
April 11, 2023 CITY COUNCIL MINUTES 6436
Public Hearings (continued)
16. Ordinance Amending Title 24 of the Municipal Code - Zoning Ordinance Chapters 24.12 and Chapter 24.22: Parking and Bicycle Parking Regulations, Including Updates to the Local Coastal Program Implementation Plan.
Applicant: City of Santa Cruz. Location: Citywide. Environmental Review:
Exempt/Reuse of Prior Environmental Impact Report (PW/PL) (continued) Public comment (continued)
Garrett
Peter Bichier
Mayor Keeley closed the public comment period.
MOTION: Councilmember Brown moved, seconded by Vice Mayor Golder, to direct staff to return to Council at the earliest possible meeting with an ordinance that reflects the options that are available to the City and include language from Assembly Bill 2097 (AB 2097) section 65863.2(b).
FRIENDLY AMENDMENT: Mayor Keeley requested to amend the motion to include language from AB 2097 sections 65863.2(a)—(c). Councilmember Brown accepted.
After discussion, Councilmember Brown withdrew her motion.
MOTION: Councilmember Brown moved, seconded by Vice Mayor Golder, to introduce for publication Ordinance No. 2023-06 amending Municipal Code Title 24 - Zoning Ordinance Chapters 24.12 and Chapter 24.22 to update bicycle parking requirements, incorporate recent changes to state law relating to automobile parking standards, update other existing standards related to bicycle and vehicle parking, and add new definitions, while recognizing the environmental determination identified in the agenda report, and adding the following language from AB 2097 section 65863.2(b) to section
24.12.220.1(b)(i):
i. This exception shall not apply to any lodging use or where the city is authorized to enforce minimum auto parking requirements pursuant to subdivision (b) of California Government Code section 65863.2.
April 11, 2023 CITY COUNCIL MINUTES 6437
Public Hearings (continued)
16. Ordinance Amending Title 24 of the Municipal Code - Zoning Ordinance Chapters 24.12 and Chapter 24.22: Parking and Bicycle Parking Regulations, Including Updates to the Local Coastal Program Implementation Plan.
Applicant: City of Santa Cruz. Location: Citywide. Environmental Review:
Exempt/Reuse of Prior Environmental Impact Report (PW/PL) (continued) 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.
General Business
17. Planning Commission Appointment (CC)
MOTION: Councilmember Newsome moved, seconded by Vice Mayor Golder, to nominate John McKelvey to the Planning Commission with a term expiration of January 31, 2026.
Mayor Keeley opened the public comment period. There were no speakers.
Mayor Keeley closed the public comment period.
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.
April 11, 2023 CITY COUNCIL MINUTES 6438
General Business (continued)
18. Downtown Parking Rates and Parking Requirements Update (PW) Transportation Planner C. Gallogly and Superintendent of Parking Services H.
Sawyer responded to Councilmember questions.
Mayor Keeley opened the public comment period. The following person spoke.
Garrett
Mayor Keeley closed the public comment period.
MOTION: Councilmember Watkins moved, seconded by Councilmember Brunner, to:
Adopt Resolution No. NS-30,131 setting operating hours, parking and permit rates, and increasing parking lots/structures hourly rates and monthly permit rates, rescinding Resolution No. NS-29,441; and
Introduce for publication Ordinance No. 2023-07 to amend Chapter 10.52 to increase downtown parking meter rates; and
Resolution No. NS-30,132 to eliminate the parking deficiency fee paid by businesses, to update the automobile parking requirements for development projects in Parking District No. 1 per California Assembly Bill 2097 and set monthly parking permit rates, rescinding Resolution No. NS29,858.
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.
April 11, 2023 CITY COUNCIL MINUTES 6439
General Business (continued)
19. Appeal of Proposed Single Space Markings on David Way (PW) Continued to April 25, 2023 Council meeting.
Oral Communications Announcement - The Mayor provided a brief announcement about Oral Communications.
Oral Communications
At 6:32 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.
James Ewing Whitman spoke regarding electric vehicles, and a book he recently read.
Garrett spoke regarding the $127,000,000 water bond, and expressed disappointment with the staff presentation, and with the lack of questions from Council.
Darius Mohsenin spoke regarding large-item trash collection, and rates at the landfill in comparison to other municipalities.
At 6:39 p.m. Mayor Keeley closed Oral Communications.
Adjournment - Vice Mayor Golder moved, seconded by Councilmember Brown, to adjourn. By consensus City Council adjourned at 6:40 p.m.
RESPECTFULLY SUBMITTED: ss/Julia Wood, Deputy City Clerk Administrator, ATTEST: ss/Bonnie Bush, City Clerk Administrator, APPROVED: ss/Fred Keeley, Mayor.