City of Santa Cruz
809 Center Street
Santa Cruz, California 95060
MINUTES OF A CITY COUNCIL MEETING
August 8, 2023
1:00 PM
Mayor Keeley opened the City Council Closed Session at 1:02 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; Mayor Keeley.
Absent: Vice Mayor Golder.
Staff: City Manager M. Huffaker, Assistant City Manager L. Schmidt, City Attorney T. Condotti, Finance Director E. Cabell, Chief People Officer S. De Leon, Deputy City Clerk Administrator J. Wood, City Clerk Administrator B. Bush.
Public Comment
Mayor Keeley opened the public comment period at 1:02 p.m. There were no speakers. Mayor Keeley closed the public comment period at 1:04 p.m., at which time the meeting was closed to the public and Council adjourned to the Courtyard Conference Room.
August 8, 2023 CITY COUNCIL MINUTES 6529
Closed Session
1. Conference with Labor Negotiators (Government Code §54957.6) SEIU Temporary Employees
SEIU Service Employees
Mid Managers, OE3
Supervisors, OE3
Executives
City Negotiator – Sara De Leon
Council received a status report from the City Negotiator, and no reportable action was taken.
2. Conference with Legal Counsel – Liability Claims (Government Code §54956.95) 1) Claimant: Mercury Insurance
2) Claimant: Brent Michael Campagnolo
3) Claimant: Anthony Joseph Toste
4) Claimant: Marisela Hernandez Ramos
5) Claimant: Elaine Rodriguez
Claims against the City of Santa Cruz
Council received a status report, took up under agenda item 15, and no reportable action was taken.
3. 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.
August 8, 2023 CITY COUNCIL MINUTES 6530
Closed Session (continued)
4. 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.
5. Conference with Legal Counsel - Anticipated Litigation (Government Code §54956.9(d)(4))
Initiation of litigation (one potential case to be discussed) Council received a status report, and no reportable action was taken.
August 8, 2023 CITY COUNCIL MINUTES 6531
City of Santa Cruz
809 Center Street
Santa Cruz, California 95060
MINUTES OF A CITY COUNCIL MEETING
August 8, 2023
3:00 PM
Call to Order – Mayor Keeley called the meeting to order at 3:11 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 Fire R. Oatey, Director of Public Works N.
Nguyen, Director of Parks and Recreation T. Elliot, Chief of Police B.
Escalante, Director of Planning and Community Development L. Butler, Director of Information Technology K. Morgan, Director of Economic Development and Housing B. Lipscomb, Assistant Director of Public Works/City Engineer K. Crossley, Principal Management Analyst E.
Nguyen, Superintendent of Resource Recovery G. Sanchez, Waste Reduction Manager L. O’Malley, Deputy City Clerk Administrator J.
Wood, City Clerk Administrator B. Bush.
Presentations
6. Central Coast Community Energy Annual Update
Catherine Stedman, Chief Communications Officer with Central Coast Community Energy, provided the membership annual update and responded to Council questions. Chief of Fire R. Oatey responded to Council questions.
Presiding Officer's Announcements
Statements of Disqualification – None.
Additions and Deletions – None.
City Attorney Report on Closed Session – See pages 6529—6530 for the report.
August 8, 2023 CITY COUNCIL MINUTES 6532
Council Meeting Calendar
7. The City Council reviewed and did not revise the meeting calendar attached to the agenda.
City Clerk Administrator B. Bush reminded Council there is a Study Session scheduled for August 15, 2023, from 1:30 p.m.—3:30 p.m.
Consent Agenda
Councilmember Brunner made a comment on item 9.
Vice Mayor Golder made a comment on item 14 and registered a no vote.
Councilmember Watkins made a comment on item 14.
Councilmember Brown pulled item 19 for further discussion.
Assistant Director of Public Works/City Engineer K. Crossley responded to Council questions regarding item 20.
Mayor Keeley requested to make the following additions to item 11 in the City’s response to the report “Housing Our Workers”:
Finding F1: Add a comment about the City’s recent designation as a prohousing jurisdiction. The Governor’s Office and the State’s Department of Housing and Community Development announced that out of 450 cities and 58 counties, Santa Cruz was one of the 30 communities that achieved all of their RHNA goals and exceeding by 1,000 units.
Finding F13: Add a notation that RTC (Regional Transportation Commission) and METRO (Santa Cruz Metropolitan Transit) are local government entities, governed by local government officials.
Mayor Keeley opened the public comment period. The following people spoke:
James Ewing Whitman spoke regarding items 9 and 11.
Laura Booth Knoble spoke regarding item 10, requesting the item be pulled.
Garrett Philipp spoke regarding item 21.
Unidentified person spoke regarding item 6.
Mayor Keeley closed the public comment period.
August 8, 2023 CITY COUNCIL MINUTES 6533
Consent Agenda (continued)
Councilmember Watkins requested to direct staff to add the following language to item 10:
Under the Strategies of Public Safety and Community Well-Being of the City’s 5-Year Plan:
Identify and create opportunities to support and expand childcare.
MOTION: Councilmember Watkins moved, seconded by Councilmember KalantariJohnson, to approve the Consent Agenda as amended.
ACTION: The motion carried with the following vote.
AYES: Councilmembers Newsome, Brown, Watkins, Brunner, KalantariJohnson; Vice Mayor Golder (with the exception of item 14); Mayor Keeley.
NOES: Vice Mayor Golder (item 14).
ABSENT: None.
DISQUALIFIED: None.
8. Minutes of the June 27, 2023 City Council Meeting (CC) Motion carried to approve as submitted.
9. Resolution Ordering an Election for Four Council Seats, Districts 1, 2, 3, and 5, for the March 5, 2024 Primary Election (CC)
Resolution No. NS-30,174 was adopted ordering an election, requesting the County Elections Department to conduct the election, and requesting consolidation of the election with the March 5, 2024 Primary Election.
10. Five-Year Strategic Plan (CM)
Motion carried to adopt the City of Santa Cruz’s Five-Year Strategic Plan, as amended.
August 8, 2023 CITY COUNCIL MINUTES 6534
Consent Agenda (continued)
11. Santa Cruz County Civil Grand Jury Response (CM)
Motion carried to authorize the Mayor to submit responses, as amended, to the Santa Cruz Civil County Grand Jury on behalf of the Santa Cruz City Council for the following reports:
Cyber Threat Preparedness – Phishing and Passwords and Ransomware, Oh My!; and
Housing Our Workers – Essential Workers Need Affordable Housing!
12. State Coastal Conservancy Grant Program: Authorization for Application, Acceptance, and Appropriation of Grant Funds for a Living Shoreline, NatureBased Solutions and Sand Management Feasibility Study (CM) Resolution No. NS-30,175 was adopted ratifying an application for the State Coastal Conservancy’s grant program, and authorizing the City Manager to accept and appropriate funds for a grant to assess the feasibility of living shorelines, nature-based solutions, and sand management along the City of Santa Cruz’s coastline.
13. Authorization to Submit a Grant Application to the Federal Highway Administration Charging and Fueling Infrastructure Discretionary Grant Community Program as a Co-applicant for the Monterey Bay Region Equitable Electric Vehicle (EV) Charging Project (CM)
Resolution No. NS-30,176 was adopted authorizing the City Manager to apply for, accept, and execute in the name of the City of Santa Cruz all necessary applications, contracts, agreements, and amendments thereto, and appropriate funds from the Federal Highway Administration to implement and carry out the scope of work for the Monterey Bay Region Equitable Electric Vehicle (EV) Charging Project specific to the City of Santa Cruz.
14. Ordinance Requiring Delivery Companies to Provide a Service Enabling Customers to Tip Delivery Drivers (CN)
Motion carried to authorize an ad-hoc committee to work with the City Attorney to develop an ordinance requiring delivery companies to give customers the option to tip residential delivery drivers.
August 8, 2023 CITY COUNCIL MINUTES 6535
Consent Agenda (continued)
15. Liability Claims Filed Against the City of Santa Cruz (FN) Motion carried to reject the liability claims of 1) Mercury Insurance, 2) Brent Michael Campagnolo, 3) Anthony Joseph Toste, 4) Marisela Hernandez Ramos; and to return as late the claim of 5) Elaine Rodriguez, based on staff recommendation.
16. Side Letter of Agreement: Santa Cruz Mid-Management and Mid-Supervisory OE3 for Short-Term Disability Benefits (HR)
Motion to:
Adopt Resolution No. NS-30,177 approving a Side Letter of Agreement with the Santa Cruz Mid-Management Association of the City of Santa Cruz Operating Engineers Local #3 (OE3); and
Adopt Resolution No. NS-30,178 approving a Side Letter of Agreement with the Supervisory Employees of the City of Santa Cruz Operating Engineers, Local #3.
17. Board of State and Community Corrections of California Officer Wellness and Mental Health Grant Program Award (PD)
Resolution No. NS-30,179 was adopted to accept the Officer Wellness and Mental Health Grant funds, administered by the Board of State and Community Corrections of California, and amend the FY 2023 budget in the amount of $50,549.95 and appropriate those funds for improving officer wellness and expanding officer mental health resources.
18. Regional Early Action Planning (REAP) 2.0 Local Funding Grant Application (PL) Resolution No. NS-30,180 was adopted authorizing staff to apply for REAP 2.0 grant funding to advance the development of the Downtown Library and Affordable Housing project.
August 8, 2023 CITY COUNCIL MINUTES 6536
Consent Agenda (continued)
19. San Lorenzo River Vegetation Management for Flood Control Project (m409505) (PW)
Director of Public Works N. Nguyen spoke and responded to Council questions.
Mayor Keeley opened the public comment period. The following people spoke.
Barbara Riverwoman
Batya Kagan
Bruce Van Allen
Micah Posner
Jane Orbuch
Brad Snyder
Unidentified person
Laurie Egan
Mayor Keeley closed the public comment period.
MOTION: Councilmember Brown moved, seconded by Vice Mayor Golder, to:
Authorize the issuance of a Request for Proposals (RFP) for the San Lorenzo River Vegetation Management for Flood Control Project (m409505). The City Manager is hereby authorized and directed to execute an agreement in a form approved by the City Attorney. The Public Works Director is authorized to execute contract amendments within the approved project budget.
Direct the Public Works Department to meet with local environmental groups, as a group, prior to issuance of the RFP in order to assure that the RFP includes adaptive management and aligns with Nature-Based Solutions.
Direct the Public Works Department staff to post notifications to the City’s San Lorenzo River Levee Projects & Resources webpage when vegetation management and flood control work is scheduled to occur and to also notify local environmental groups in order to allow for monitoring during project execution.
Direct staff to return by the second meeting in September with the framework for the reestablishment of a working group.
August 8, 2023 CITY COUNCIL MINUTES 6537
Consent Agenda (continued)
19. San Lorenzo River Vegetation Management for Flood Control Project (m409505) (PW) (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.
20. Wastewater Treatment Facility Southside Fence Replacement Project (m409659) – Authorization to Advertise and Award (PW)
Motion carried to approve the plans and specifications for the Wastewater Treatment Facility Southside Fence Replacement Project (m409659), authorize staff to advertise for bids, and award the contract. The City Manager is hereby authorized and directed to execute the contract as authorized by Resolution No. NS-27,563. The Director of Public Works is authorized to execute change orders within the approved project budget.
21. Adjustment of Water Department Miscellaneous Fees (WT) Resolution No. NS-30,181 was adopted adjusting the Water Department’s miscellaneous fees for services due to labor cost increases and rescinding Resolution No. NS-29,540.
22. Resolution to Reimburse Capital Expenditures from Future State Water Resources Control Board Financing for Newell Creek Pipeline Replacement Project (WT)
Resolution No. NS-30,182 was adopted authorizing the Water Department to be reimbursed by State Water Resources Control Board (SWRCB) for costs related to the Graham Hill Water Treatment Plant Facilities Improvement Project.
August 8, 2023 CITY COUNCIL MINUTES 6538
Consent Agenda (continued)
23. Felton Diversion Pipeline Emergency Repair Project (e702301) – Ratification of Plans and Specifications and Authorization to Advertise for Bids and Award Contract (WT)
Motion carried to ratify the plans and specifications for the Felton Diversion Pipeline Emergency Repair Project (e702301) and staff’s action to advertise for bids on the City’s website; authorize the Water Director to execute change orders within the approved project budget; find the project exempt under the California Environmental Quality Act; and authorize and direct the City Manager, or designee, to execute the contract per Resolution No. NS-27,563, and in a form approved by the City Attorney.
24. Regional Drought Resiliency Project: Scotts Valley Water District - City of Santa Cruz Intertie-1 Project (c702205) – Project Approval (WT) Motion carried to approve the Scotts Valley Water District - City of Santa Cruz Water Intertie-1 Project (c702205) considering the certified Santa Cruz Water Rights Project Final Environmental Impact Report and the Intertie-1 Project Addendum to the Santa Cruz Water Rights Project Final Environmental Impact Report.
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.
ACTION: The motion carried with the following vote.
AYES: Councilmembers Newsome, Brown, Watkins, Brunner, KalantariJohnson; Mayor Keeley.
NOES: None.
ABSENT: Vice Mayor Golder.
DISQUALIFIED: None.
August 8, 2023 CITY COUNCIL MINUTES 6539
Consent Public Hearing (continued)
25. 2022-2023 HUD Annual Action Plan First Substantial Amendment for CDBG Funding Allocation & Budget Adjustment (ED)
Motion carried to:
Adopt Resolution No. NS-30,183 to:
Amend the 2022-2023 Annual Action Plan (AAP) to cancel the 2022 Program Year (PY) Darwin Street Renovation Project, allocate this funding to the Homeless Garden Project Office Renovation Project, and direct staff to submit the First Substantial Amendment documents to U.S. Department of Housing and Urban Development (HUD); and Approve the 2022-2023 AAP budget adjustment reallocating 2022-2023 Community Development Block Grant (CDBG) funding from the Darwin Street Renovation Project to the Homeless Garden Project Office Renovation Project and appropriating the funds in the FY 2024 budget; and
Authorize the City Manager to execute project contracts, loan or grant agreements, contract amendments and related loan or grant documents with (CDBG) sub-recipients, departments and contractors in connection with Consolidated Plan activities proposed in the 2022-2023 AAP First Substantial Amendment; and
Adopt Resolution No. NS-30,184 to amend the FY 2024 budget to appropriate funds in the amount of $93,411 for the Homeless Garden Project renovations including, but not limited to mold, asbestos, lead remediation, roof repair, foundation work, and utility hookups.
Public Hearings
26. Resolution Establishing a Proposed Resource Recovery Collection Rates Increase Beginning on September 1, 2023 (PW)
Superintendent of Resource Recovery G. Sanchez gave a presentation and responded to Council questions.
Mayor Keeley opened the public comment period. The following people spoke.
Micah Posner
Sean Williamson
August 8, 2023 CITY COUNCIL MINUTES 6540
Public Hearings (continued)
26. Resolution Establishing a Proposed Resource Recovery Collection Rates Increase Beginning on September 1, 2023 (PW) (continued) Public Comment (continued):
Garrett Philipp
Michael
Nicolai Moore
Zav Hershfield
Mayor Keeley closed the public comment period.
Waste Reduction Manager L. O’Malley responded to Council questions.
MOTION: Councilmember Brown moved, seconded by Councilmember Kalantari-Johnson, to accept the cost-of-service report prepared by HF&H, Inc. which provides the basis for the proposed 5-year refuse rate increases between September 1, 2023 and September 1, 2027, and adopt Resolution No. NS-30,185 revising the schedule of fees for collection of refuse, garbage, trash and recyclables, enclosure maintenance fees, use rates for special containers and customer services, and rescinding Resolution No. NS-29,856.
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 5:24 p.m. Council took a break and returned at 5:48 p.m.
August 8, 2023 CITY COUNCIL MINUTES 6541
Public Hearings (continued)
27. Resolution of Necessity for Regional Drought Resiliency Project: Intertie 1 for Firehouse Lane Property, APN 067-202-60, Owned by C-SHORE, a Partnership, Robert R. and Edithanne Rittenhouse, and Denoyer F. and Nancy T. O’Laughlin (CA/WT)
Deputy City Attorney V. Thompson spoke and responded to Council questions.
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 Brunner, to adopt Resolution of Necessity No. NS-30,186 finding that public interest and necessity require the acquisition of interests in certain real property on Assessor’s Parcel Number 067-202-60, located in the unincorporated area of Santa Cruz County, and authorizing the City Attorney to proceed with eminent domain proceedings to acquire the real property.
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.
August 8, 2023 CITY COUNCIL MINUTES 6542
General Business
28. San Lorenzo Park Redesign Process (PR)
Director of Parks and Recreation T. Elliot introduced the item.
Park Planner N. Downing and Sarah Moos Thompson, Associate Principal/Project Leader with Bionic Landscape, Inc., gave a presentation and responded to Council questions.
Mayor Keeley opened the public comment period. The following people spoke.
Micah Posner
Andy Kreyche
Brad Snyder
Barbara Riverwoman
Bruce Van Allen
Shantanu Phukan
Susan Cavalieri
Leslie Wooding
John Golder
Laurie Egan
Mark Wenzer
Garrett Philipp
Mayor Keeley closed the public comment period.
MOTION: Councilmember Kalantari-Johnson moved, seconded by Councilmember Brunner, to receive an update, and accept the draft guiding principles and design goals for the San Lorenzo Park Redesign process.
FRIENDLY AMENDMENT: Mayor Keeley requested to amend the Guiding Principles to: Activate that area of the park which is on the upland side of the existing pathway.
FRIENDLY AMENDMENT: Councilmember Brunner requested to incorporate language in the Guiding Principles and Design Goals related to flood consideration.
After discussion, Mayor Keeley reworded his amendment as follows:
“Permanent structures shall be limited to the upland side of the existing pathway.” Councilmembers Kalantari-Johnson and Brunner did not accept.
August 8, 2023 CITY COUNCIL MINUTES 6543
General Business (continued)
28. San Lorenzo Park Redesign Process (PR) (continued)
After discussion, Councilmember Brunner reworded her friendly amendment as follows:
To incorporate language in guiding principles and design goals to preserve and enhance the flood control component of the park.
Councilmember Kalantari-Johnson accepted.
ACTION: The motion as amended 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.
Oral Communications Announcement - The Mayor provided a brief announcement about Oral Communications.
Oral Communications
At 7:38 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.
Dustin Grey spoke regarding the parking on Golf Club Drive and requested the City to post “no overnight parking” signs on the street.
Eric Grodberg spoke regarding parking on the 100 block of May Avenue and the nearby proposed residential plan on Soquel Avenue.
Unidentified person spoke regarding the CZU Lightning Complex fire, the winter weather, Batman Day, and Weird Al’s birthday.
James Ewing Whitman spoke regarding public comment on presentations.
Unidentified person spoke regarding the retirement speech from a previous City employee.
Greg Benson spoke regarding the Pathways Program, expressing appreciation for City staff and Police.
August 8, 2023 CITY COUNCIL MINUTES 6544
At 7:53 p.m. Mayor Keeley closed Oral Communications.
Adjournment – Vice Mayor Golder moved, seconded by Councilmember Brown, to adjourn. By consensus City Council adjourned at 7:54 p.m.
RESPECTFULLY SUBMITTED: ss/Julia Wood, Deputy City Clerk Administrator, ATTEST: ss/Bonnie Bush, City Clerk Administrator, APPROVED: ss/Fred Keeley, Mayor.