City of Santa Cruz
809 Center Street
Santa Cruz, California 95060
MINUTES OF A CITY COUNCIL MEETING
June 27, 2023
10:45 AM
Mayor Keeley opened the City Council Closed Session at 10:48 a.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, Director of Economic Development and Housing B.
Lipscomb, Deputy City Clerk Administrator J. Wood (via Zoom), City Clerk Administrator B. Bush.
Public Comment
Mayor Keeley opened the public comment period at 10:48 a.m. There were no speakers. Mayor Keeley closed the public comment period at 10:49 a.m., at which time the meeting was closed to the public and Council adjourned to the Courtyard Conference Room.
June 27, 2023 CITY COUNCIL MINUTES 6511
Closed Session
1. 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: 333 Front Street
APN: 005-152-32
Owner: City of Santa Cruz
City Negotiator: Bonnie Lipscomb
Negotiating parties: City and Homeless Garden Project
Under Negotiation: Price, terms of payment, or both for potential lease 3) Property: Firehouse Lane, Unincorporated Santa Cruz, CA APN: 067-202-60
Owner: C-SHORE, a Partnership; Robert R. Rittenhouse and Edithanne Rittenhouse; and Denoyer F. O’Laughlin and Nancy T. O’Laughlin City Negotiator: Rosemary Menard
Negotiating Parties: City of Santa Cruz and C-SHORE, a Partnership; Robert R.
Rittenhouse and Edithanne Rittenhouse; and Denoyer F. O’Laughlin and Nancy T. O’Laughlin
Under Negotiation: Price, terms of payment, or both
4) Property: 6000 La Madrona Drive, Scotts Valley, CA
APN: 021-141-20
Owner: Scotts Valley Fire Protection District
City Negotiator: Rosemary Menard
Negotiating Parties: City of Santa Cruz and Scotts Valley Fire Protection District Under Negotiation: Price, terms of payment, or both
5) Property: 175 Sims Road, Santa Cruz, CA
APN: 067-202-66
Owner: Craig Yates and Nichole Yates, Co-Trustees of the Yates Family Trust Dated June 14, 2019
City Negotiator: Rosemary Menard
Negotiating Parties: City of Santa Cruz and The Yates Family Trust Under Negotiation: Price, terms of payment, or both
Council received a status report from the City Negotiators, and no reportable action was taken.
June 27, 2023 CITY COUNCIL MINUTES 6512
Closed Session (continued)
2. Conference with Legal Counsel - Existing Litigation (Government Code §54956.9(d)(1))
1) City of Santa Cruz v. The Regents of the University of California, et al. (Santa Cruz County Superior Court Case No. 22CV00373)
2) 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, and no reportable action was taken.
June 27, 2023 CITY COUNCIL MINUTES 6513
City of Santa Cruz
809 Center Street
Santa Cruz, California 95060
MINUTES OF A CITY COUNCIL MEETING
June 27, 2023
12:30 PM
Call to Order – Mayor Keeley called the meeting to order at 12:34 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, Director of Parks and Recreation T. Elliot, Finance Director E. Cabell (via Zoom), Director of Planning and Community Development L. Butler, Director of Public Works N. Nguyen, Chief of Police B. Escalante, Chief of Fire R. Oatey (via Zoom), Director of Information Technology K. Morgan (via Zoom), Acting Water Director H.
Luckenbach (via Zoom), Deputy City Manager L. Murphy, Recreation Superintendent T. Hedden-Jones, Purchasing Manager E. Millwee (via Zoom), Director of Economic Development and Housing B. Lipscomb, Economic Development Manager R. Unitt, Transportation Manager M.
Starkey, Homelessness Response Manager L. Imwalle, Principal Management Analyst E. Nguyen, Deputy City Clerk Administrator J.
Wood (via Zoom), City Clerk Administrator B. Bush.
Presentations
3. Mayoral Proclamation Declaring June 27, 2023 as LGBTQIA+ Youth and Allies Leadership Day
Mayor Keeley presented a proclamation declaring June 27, 2023 as LGBTQIA+ Youth and Allies Leadership Day. Stuart Rosenstein, Brian Hanaway, Luka Brown, and Aiden Parten of Queer Youth Leadership and Allies spoke.
June 27, 2023 CITY COUNCIL MINUTES 6514
Presentations (continued)
4. Mayoral Proclamation Declaring July as Parks and Recreation Month Director of Parks and Recreation T. Elliot and Parks and Recreation Commission Chair Kristina Kincaid Glavis spoke, Recreation Superintendent T. HeddenJones gave a presentation, and Mayor Keeley presented a proclamation declaring July as Parks and Recreation Month.
Presiding Officer's Announcements
Statements of Disqualification – Councilmember Brunner announced she is recusing herself from item 29 as this item has an impact on her employer, the Downtown Association.
Additions and Deletions – City Clerk Administrator B. Bush announced the appellant has withdrawn their appeal for item 30 and the item will not be heard.
City Attorney Report on Closed Session – See pages 6511 and 6512 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 9 for further discussion.
Councilmember Brunner made a comment on item 14.
Purchasing Manager E. Millwee responded to Council questions on item 16.
Councilmember Kalantari-Johnson made a comment on item 23.
Transportation Manager M. Starkey responded to Council questions on item 20.
Councilmember Brown made a comment on item 22.
Director of Planning and Community Development L. Butler responded to Council questions on item 20.
Mayor Keeley pulled item 11 for further discussion.
June 27, 2023 CITY COUNCIL MINUTES 6515
Consent Agenda (continued)
Mayor Keeley opened the public comment period. The following people spoke:
Kevin Hulin spoke regarding item 7.
Garrett spoke regarding item 11.
Gillian Greensite spoke regarding item 20.
Reggie Meisler spoke regarding item 11.
Robert Norse spoke regarding items 11, 12, and 22, and requested they be pulled for further discussion.
Mayor Keeley closed the public comment period.
Mayor Keeley announced the items pulled would be 9, 11, 12, 20, and 22.
MOTION: Councilmember Watkins moved, seconded by Councilmember Newsome, 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 Emergency Declaration in Connection with the December 2022 and January 2023 Winter Storms (CA/CM)
Resolution No. NS-30,166 was adopted extending by sixty days the Local Emergency Declaration in connection with the December 2022 and January 2023 winter storms.
7. Resolution Amending Card Room Wagering Limits in Accordance with Chapter
5.48 of the Municipal Code (CA)
Resolution No. NS-30,167 was adopted raising wagering limits at cardrooms for Blackjack and Texas Hold 'Em.
June 27, 2023 CITY COUNCIL MINUTES 6516
Consent Agenda (continued)
8. Minutes of the June 13, 2023 City Council Meeting (CC) Motion carried to approve as submitted.
9. Update of Various Council Policies (CC)
Councilmember Brown spoke.
Mayor Keeley opened the public comment period. The following people spoke.
Robert Norse
Garrett
Unidentified person
Gillian Greensite
Unidentified person
Mayor Keeley closed the public comment period.
MOTION: Councilmember Watkins moved, seconded by Councilmember Brown, to adopt Resolution No. NS-30,168 updating various Council Policies to reflect general language updates, changes in laws, and/or align with the City's current practices, as submitted, with the exception of policies 6.5, 6.6, and
6.7, and directed staff to work with the Mayor and return to Council no later than September with revisions to those policies and the Councilmember Handbook.
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.
June 27, 2023 CITY COUNCIL MINUTES 6517
Consent Agenda (continued)
10. Dissolution of the City/County 2x2 Committee and Appointment to the Santa Cruz Housing for Health Partnership (H4HP) Policy Board (CM) Motion carried to:
Dissolve the City/County 2x2 Committee; and
Appoint the position of Deputy City Manager to the Santa Cruz Housing for Health Partnership (H4HP) Policy Board.
11. City Overlook Emergency Shelter Operations and Management Contract Approval (CM)
Homelessness Response Manager L. Imwalle responded to Council questions.
Mayor Keeley opened the public comment period. The following people spoke.
Robert Norse
Unidentified person
Mayor Keeley closed the public comment period.
MOTION: Councilmember Watkins moved, seconded by Councilmember Kalantari-Johnson, to authorize the City Manager to execute a contract, in a form to be approved by the City Attorney, with The Salvation Army in the amount of $4,048,426.19 to operate and manage the City Overlook emergency shelter program for a term not to exceed 12 months.
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.
June 27, 2023 CITY COUNCIL MINUTES 6518
Consent Agenda (continued)
12. Tier 3 Safe Parking Operations and Management Contract Approval (CM) Mayor Keeley opened the public comment period. The following person spoke.
Robert Norse
Mayor Keeley closed the public comment period.
MOTION: Councilmember Kalantari-Johnson moved, seconded by Councilmember Brown, to authorize the City Manager to execute a contract, in a form approved by the City Attorney, between the City of Santa Cruz and the Association of Faith Communities, in the amount of $430,161.60, to operate and manage the Tier 3 safe parking program.
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.
13. Designation of Voting Delegate and Alternate to Attend the League of California Cities (LOCC) Annual Conference Being Held in Sacramento September 20-22, 2023 (CN)
Motion carried to designate Vice Mayor Golder as the voting delegate, and Councilmember Brunner as the alternate, in the event that Vice Mayor Golder is unavailable, to attend the League of California Cities Annual Conference in Sacramento.
14. First Amendment to Graffiti Abatement Services Agreement with Graffiti Protective Coatings, Inc. (ED)
Motion carried to authorize the City Manager to execute the First Amendment to Graffiti Abatement Services Agreement, and any amendments thereto, in a form approved by the City Attorney, with Graffiti Protective Coatings, Inc., increasing the not to exceed amount from $125,000 to $147,000 for FY 2023 and extending service through FY 2024 in an amount of $147,688.
June 27, 2023 CITY COUNCIL MINUTES 6519
Consent Agenda (continued)
15. Proposition 4 Appropriations Limit Adjustment Factors (FN) Resolution No. NS-30,169 was adopted approving the selection of the annual adjustment factors to be utilized in the calculation of the City’s Proposition 4 Appropriations Limit based on the adopted budget for FY 2024, with amendments thereto, if any.
16. Award Contract for Safety Footwear (FN)
Motion carried to:
Award a contract for citywide purchases for safety footwear to Beck’s Shoes, Inc., Campbell, California for a 3-year term; and Authorize the City Manager to execute the agreement, in a form approved by the City Attorney, and any amendments within the approved operating budget.
17. Pass-Through Agreement with Volunteer Center of Santa Cruz County - TDA Claimant (FN)
Motion carried to:
Authorize and direct the City Manager to execute an agreement, in a form approved by the City Attorney, with Volunteer Center of Santa Cruz County, allowing the City to act as claimant for funds obtained from the Santa Cruz County Regional Transportation Commission (SCCRTC) for FY 2024; and Authorize funding amount of $104,234 for FY 2024.
18. Pass-Through Agreement with Community Bridges/CTSA of Santa Cruz County - TDA Claimant (FN)
Motion carried to authorize and direct the City Manager to execute an agreement, in a form approved by the City Attorney, with Community Bridges/Consolidated Transportation Services Agency/State Transit Assistance (STA), allowing the City to act as claimant for funds obtained from the Santa Cruz County Regional Transportation Commission (SCCRTC) for FY 2024.
June 27, 2023 CITY COUNCIL MINUTES 6520
Consent Agenda (continued)
19. Award Contract to Tyler Technologies to Implement Tyler Enterprise Permitting and Licensing Software (Tyler EPL, formerly Tyler EnerGov) (PL/IT) Motion carried to authorize the City Manager to execute contracts, in forms approved by the City Attorney, with Tyler Technologies for licensing, maintenance, and implementation of Tyler Technologies’ enterprise permitting and licensing (EPL) software.
20. Contract Amendment for Kimley-Horn Associates for Professional Services Related to the Downtown Plan Expansion (PL)
Transportation Manager M. Starkey and Director of Planning and Community Development L. Butler responded to Council questions.
Public comment on this item took place at the start of the Consent Agenda.
MOTION: Councilmember Watkins moved, seconded by Councilmember Brown, to authorize the City Manager to execute a contract amendment, in a form approved by the City Attorney, with Kimley-Horn Associates in an amount not to exceed $297,500, based on the attached scope of work and budget.
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.
21. FreeWire Boost Charger for Medium/Heavy Duty Vehicles (g402301) – Award Contract and Budget Adjustment (PW)
Motion carried to:
Adopt Resolution No. NS-30,170 to amend the FY 2023 budget to appropriate funds in the amount of $233,745; and
Authorize the purchase of FreeWire Boost Charger from FreeWire Technologies (Newark, CA) in the amount of $214,655.
June 27, 2023 CITY COUNCIL MINUTES 6521
Consent Agenda (continued)
22. Overnight Parking Permit Fees Related to Oversized Vehicle Ordinance (No. 2021-20) Implementation (PW)
Mayor Keeley opened the public comment period. The following people spoke.
Robert Norse
Unidentified person
Mayor Keeley closed the public comment period.
MOTION: Councilmember Watkins moved, seconded by Councilmember Kalantari-Johnson, to adopt Resolution No. NS-30,171 establishing fees for City-issued oversized vehicle overnight parking permits.
ACTION: The motion carried with the following vote.
AYES: Councilmembers Newsome, Watkins, Brunner, KalantariJohnson; Vice Mayor Golder; Mayor Keeley.
NOES: Councilmember Brown.
ABSENT: None.
DISQUALIFIED: None.
23. West Cliff Drive Stabilization Project (c401501) - Ratification of Plans and Specifications, Authorization to Advertise for Bids and Award Contract, and Authorize Professional Service Agreement for Construction Support Services (PW)
Motion carried to:
Ratify the plans and specifications for the West Cliff Drive Stabilization Project (c401501), authorize an exemption from local employment requirements, and bid and award the contract. Per Resolution No. NS27,563, the City Manager is hereby authorized and directed to execute the contract, in a form approved by the City Attorney. The Director of Public Works is authorized to execute change orders within the approved project budget.
Approve and authorize the City Manager to execute a Professional Service Agreement with Mesiti Miller Engineering (Santa Cruz, CA) for Construction Support Services for the West Cliff Drive Stabilization Project (c401501), in a form approved by the City Attorney. The Director of Public Works is authorized to execute contract amendments within the approved project budget.
June 27, 2023 CITY COUNCIL MINUTES 6522
Consent Agenda (continued)
24. Award Contract for Vapex Micro Odor Control Units (m409659) (PW) Motion carried to award a contract for the purchase of four Vapex Micro Odor Control Units from Vapex Environmental Technologies, LLC (Cocoa, FL) in the amount of $634,242.12.
25. Beltz Well 9 Aquifer Storage and Recovery Pilot Testing – Approval of California Environmental Quality Act Exemption, Plans and Specifications, and Authorization to Advertise and Award Contract (WT)
Motion carried to approve plans and specifications for construction of the Beltz Well 9 Aquifer Storage and Recovery Pilot Testing Program (Project), authorize staff to advertise for bids, find the Project exempt under the California Environmental Quality Act (CEQA), and award the contract. Per Resolution No.
NS-27,563, the City Manager is hereby authorized and directed to execute the contract, in a form approved by the City Attorney. The Water Director is authorized to execute change orders within the approved project budget.
26. Beltz Wells 8 and 12 Aquifer Storage and Recovery Design – Award of Professional Services (WT)
Motion carried authorizing the City Manager to execute an agreement in a form to be approved by the City Attorney with Carollo Engineers (Walnut Creek, CA) for Professional Engineering Services for Beltz Wells 8 and 12 Aquifer Storage and Recovery Design and to authorize the Water Director to execute future contract amendments within the approved budget.
27. Resolution Transferring Funds within the Water Enterprise Funds to Meet FY 2023 Financial Targets – Budget Adjustment (WT)
Resolution No. NS-30,172 was adopted transferring $8,000,000 to the Water Operations Fund (Fund 711) and $600,000 to the Water 90–Day Fund (Fund 716) from the Water Rate Stabilization Fund (Fund 713).
End Consent Agenda
June 27, 2023 CITY COUNCIL MINUTES 6523
Public Hearings
28. 2nd Reading and Final Adoption of Ordinance No. 2023-08 Amending Select Portions of Chapter 10.40 and Section 10.41.060 of the Santa Cruz Municipal Code, Pertaining to the Parking of Oversized Vehicles (PL/CA) 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 Newsome, to adopt Ordinance No. 2023-08 amending select portions of Chapters 10.40 and Section 10.41.060 of the Santa Cruz Municipal Code, pertaining to the parking of oversized vehicles.
ACTION: The motion carried with the following vote.
AYES: Councilmembers Newsome, Watkins, Brunner, KalantariJohnson; Vice Mayor Golder; Mayor Keeley.
NOES: Councilmember Brown.
ABSENT: None.
DISQUALIFIED: None.
At this time, Councilmember Brunner recused herself and left the dais.
29. Cooperative Retail Management Business Real Property Improvement District Assessments for FY 2024 (ED)
Director of Economic Development and Housing B. Lipscomb introduced the item. Economic Development Manager R. Unitt spoke.
Mayor Keeley opened the public comment period. There were no speakers.
Mayor Keeley closed the public comment period.
At this time, Council took a break in order for City Clerk Administrator B. Bush to count the ballots that were returned.
Economic Development Manager R. Unitt reported that the City did not receive a majority of ballots in opposition to the proposed assessments; therefore, they passed.
June 27, 2023 CITY COUNCIL MINUTES 6524
Public Hearings (continued)
29. Cooperative Retail Management Business Real Property Improvement District Assessments for FY 2024 (ED) (continued)
MOTION: Councilmember Newsome moved, seconded by Councilmember Brown, to:
Adopt Resolution No. NS-30,173 confirming the Cooperative Retail Management Business Real Property Improvement District FY 2024 Annual Plan and levying Cooperative Retail Management Business Real Property Improvement District Assessments for FY 2024; and
Adopt Ordinance No. 2023-09 confirming that Chapter 5.06 of the Santa Cruz Municipal Code shall apply to the Cooperative Retail Management Business Real Property Improvement District within the District’s modified boundaries and to the increased assessments approved and levied by the City Council for the District’s FY 2024.
ACTION: The motion carried with the following vote.
AYES: Councilmembers Newsome, Brown, Watkins, KalantariJohnson; Vice Mayor Golder; Mayor Keeley.
NOES: None.
ABSENT: None.
DISQUALIFIED: Councilmember Brunner.
At this time, Councilmember Brunner returned to the dais.
30. Appeal of Proposed Single Space Markings on David Way (PW) Prior to the meeting, the appellant withdrew their appeal and this item was not heard.
June 27, 2023 CITY COUNCIL MINUTES 6525
General Business
At this time, the Mayor reordered the agenda to hear item 32.
31. Five-Year Strategic Plan (CN)
Assistant City Manager L. Schmidt introduced the item.
Nancy Hetrick, Managing Director with Baker Tilly US, gave a presentation and responded to Council questions.
Mayor Keeley opened the public comment period. The following people spoke.
Gillian Greensite
Garrett
Unidentified person
Reggie Meisler
Jasmeen Miah
Joy Schendledecker
Judi Grunstra
Mayor Keeley closed the public comment period.
32. 2022 Commission for the Prevention of Violence Against Women (CPVAW) Annual Report (CM)
Principal Management Analyst E. Nguyen introduced the item.
Danielle Long, Chair of the CPVAW, gave a presentation and responded to Council questions.
Mayor Keeley opened the public comment period. The following people spoke.
Gillian Greensite
Fred Geiger
Mayor Keeley closed the public comment period.
MOTION: Councilmember Watkins moved, seconded by Vice Mayor Golder, to accept the 2022 Commission for the Prevention of Violence Against Women (CPVAW) Annual Report.
Chief of Police B. Escalante responded to Council questions.
June 27, 2023 CITY COUNCIL MINUTES 6526
General Business (continued)
32. 2022 Commission for the Prevention of Violence Against Women (CPVAW) Annual Report (CM) (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.
At this time Council returned to hear item 31.
Oral Communications Announcement - The Mayor provided a brief announcement about Oral Communications.
Oral Communications
At 4:30 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.
Fred Geiger spoke regarding parking diversion on West Cliff Drive and the impacts it has caused on Woodrow Avenue and parking on Oxford Way.
Unidentified person spoke regarding a circulator to go around Santa Cruz including stops at the base of the UCSC campus and routes from downtown to the Boardwalk.
Gillian Greensite spoke regarding West Cliff Drive.
Garrett spoke regarding California’s Workforce/Affordable Housing Program.
Grant Wilson spoke regarding Oral Communications.
At 4:45 p.m. Mayor Keeley closed Oral Communications.
Adjournment – Vice Mayor Golder moved, seconded by Councilmember Newsome, to adjourn. By consensus City Council adjourned at 4:46 p.m. p.m.
RESPECTFULLY SUBMITTED: ss/Julia Wood, Deputy City Clerk Administrator, ATTEST: ss/Bonnie Bush, City Clerk Administrator, APPROVED: ss/Fred Keeley, Mayor.