City of Santa Cruz
809 Center Street
Santa Cruz, California 95060
MINUTES OF A CITY COUNCIL MEETING
September 12, 2023
1:00 PM
Mayor Keeley opened the City Council Closed Session at 1:01 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, City Attorney T. Condotti, Director of Economic Development and Housing B. Lipscomb, Finance Director E.
Cabell, Director of Information Technology K. Morgan (via Zoom), 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. The following person spoke:
Robert Norse spoke regarding items 2.2 and 2.3.
Mayor Keeley closed the public comment period at 1:05 p.m., at which time the meeting was closed to the public and Council adjourned to the Courtyard Conference Room.
September 12, 2023 CITY COUNCIL MINUTES 6558
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, and 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: 140 Front Street
APN: 005-053-27
Owner: Seaside Company
City Negotiator: Bonnie Lipscomb
Negotiating Parties: City of Santa Cruz, Seaside Company, and Golden State Warriors
Under Negotiation: Price, terms of payment, or both
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: Joshua David Abbey
2) Claimant: Barton Russell Jackson
3) Claimant: Barton Russell Jackson
Claims against the City of Santa Cruz
Council received a status report, took up under agenda item 10, and no reportable action was taken.
3. 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.
September 12, 2023 CITY COUNCIL MINUTES 6559
Closed Session (continued)
4. Conference with Legal Counsel – Existing Litigation (Government Code § 54956.9(d)(1))
1) Barbera v. Garney Pacific, Inc., et al.
(Santa Cruz County Superior Court Case No. 23CV01960)
2) City of Santa Cruz v. Chevron Corp., et al.
(Santa Cruz County Superior Court Case No. 17CV03243)
By unanimous vote on item 4.1, Council authorized the City Attorney’s office to file a cross-complaint against Garney Pacific, Inc. and the Soquel Creek Water District.
Council received a status report on item 4.2, gave direction, and took no reportable action.
September 12, 2023 CITY COUNCIL MINUTES 6560
City of Santa Cruz
809 Center Street
Santa Cruz, California 95060
MINUTES OF A CITY COUNCIL MEETING
September 12, 2023
2:00 PM
Call to Order – Mayor Keeley called the meeting to order at 2:04 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, City Attorney T. Condotti, Director of Public Works N. Nguyen, Chief People Officer S. De Leon, Finance Director E.
Cabell, Water Director R. Menard, Director of Economic Development and Housing B. Lipscomb (via Zoom), Director of Information Technology K. Morgan (via Zoom), Director of Planning and Community Development L. Butler (via Zoom), Chief of Fire R. Oatey (via Zoom), Director of Parks and Recreation T. Elliot, Chief of Police B. Escalante (via Zoom), Laboratory and Environmental Compliance Manager A. Babatola, Economic Development Manager R. Unitt, Principal Management Analyst E. Nguyen, Assistant Director of Public Works/City Engineer K. Crossley, Transportation Manager M. Starkey, Transportation Planner C. Gallogly, Deputy City Clerk Administrator J. Wood, City Clerk Administrator B.
Bush.
Oral Communications Announcement - The Mayor provided a brief announcement about Oral Communications.
September 12, 2023 CITY COUNCIL MINUTES 6561
Oral Communications
At 2:05 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.
Rachel Sotos spoke asking Council to establish a Truth and Reconciliation Commission that studies impacts during Covid, and the Federalist Magazine, “Renewed Hysteria Shows Why We Need a COVID Commission” to ensure Americans won’t repeat the same mistake.
Karen Madura spoke regarding complaints made against Brady’s Yacht Club at the August 22, 2023 City Council meeting.
Garrett spoke regarding COVID-19 and pointed out that City Council is not Congress.
James Ewing Whitman spoke regarding COVID-19.
At 2:13 p.m. Mayor Keeley closed Oral Communications.
Presentations
5. Mayoral Proclamation Declaring September 2023 as Childhood Cancer Awareness Month
Mayor Keeley called on Councilmember Watkins to read from a Proclamation declaring September 2023 as Childhood Cancer Awareness Month. Allyssa GilOjeda, Jacob’s Heart Outreach Coordinator, accepted the proclamation.
Presiding Officer's Announcements
Statements of Disqualification – Councilmember Brunner announced she is recusing herself from item 20 as this item has an impact on her employer, the Downtown Association.
Additions and Deletions – City Clerk Administrator B. Bush announced item 9 has been removed from the agenda and will be re-agendized for a future meeting.
City Attorney Report on Closed Session – See pages 6558-6559 for the report.
Council Meeting Calendar
6. The City Council reviewed and did not revise the meeting calendar attached to the agenda.
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Consent Agenda
Vice Mayor Golder pulled item 11 for further discussion.
Councilmember Newsome made a comment on item 12.
Mayor Keeley opened the public comment period. The following person spoke:
James Ewing Whitman spoke regarding item 17.
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.
7. Minutes of the August 22, 2023 City Council Meeting (CC) Motion carried to approve as submitted.
8. Authorize Contract with Community Bridges to Operate the City Overlook Emergency Shelter Transportation Program - Budget Adjustment (CM) Motion carried to:
Authorize the City Manager to execute a contract, in a form to be approved by the City Attorney, between the City of Santa Cruz and Community Bridges in an amount of $314,508 to operate and manage the Emergency Shelter Transportation Program at the Armory for the contract period of September 15, 2023 through June 30, 2024; and
Adopt Resolution No. NS-30,194 amending the FY 2024 budget to appropriate $314,508 from project p102206-Outreach and Shelter Staffing to project p102202 – Safe Sleeping & Shelter Armory.
September 12, 2023 CITY COUNCIL MINUTES 6563
Consent Agenda (continued)
9. Mission Gardens Apartments Amendment to HOME Investment Partnership Regulatory Agreement & Assumption Agreements (ED)
This item was removed from the agenda and was not discussed.
10. Liability Claims Filed Against the City of Santa Cruz (FN) Motion carried to reject the liability claims of 1) Joshua David Abbey, 2) Barton Russell Jackson (date of occurrence 8/1/23), and 3) Barton Russell Jackson (date of occurrence 7/17/23), based on staff recommendation.
11. 2021 Compensation Study Implementation for Various Bargaining Groups (HR) Mayor Keeley opened the public comment period. The following person spoke.
Ken Bare
Mayor Keeley closed the public comment period.
MOTION: Councilmember Kalantari-Johnson moved, seconded by Councilmember Brunner, to:
Adopt Resolution No. NS-30,195 modifying the Compensation Plan for identified Service classifications as a result of mapped enterprise-funded classifications receipt of pay increases from April 1, 2023; and Adopt Resolution No. NS-30,196 modifying the Compensation Plan for identified Supervisory classifications to address compaction and market issues; and
Adopt Resolution No. NS-30,197 amending the FY 2024 budget in the amount of $483,668 allocated to various departmental operating budgets to cover the aforementioned cost increases as identified in the budget adjustment.
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.
September 12, 2023 CITY COUNCIL MINUTES 6564
Consent Agenda (continued)
12. Main Beach Public Restroom Renovation Project – Authorization to Advertise for Bids and Award Contracts (PR)
Motion carried to approve the plans, authorize staff to advertise for bids, award contracts, and authorize the Director to execute change orders within the approved project budget for the Main Beach Public Restroom Renovation Project (c301913) which has been funded through the California Department of Transportation’s Clean California Local Grant Program Award. The City Manager, or designee, is hereby authorized and directed to execute the contract as authorized by Resolution No. NS-27,563.
13. Regional Participation in Household Hazardous Waste Grant Cycle 41 (PW) Resolution No. NS-30,198 was adopted authorizing the City’s regional participation in the CalRecycle Household Hazardous Waste Cycle 41 and authorize the City Manager to submit all required documentation and payment requests.
14. CalRecycle Grant Authorization (PW)
Resolution No. NS-30,199 was adopted authorizing the City Manager to submit all CalRecycle Grants applications for which the City is eligible.
15. Scenic Street Sewer Rehabilitation (c401511) – Authorization to Advertise and Award (PW)
Motion carried to approve the plans and specifications for the Scenic Street Sewer Rehabilitation (c401511), 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, in a form approved by the City Attorney. The Director of Public Works is authorized to execute change orders within the approved project budget.
16. Felton Diversion Emergency Pipeline Repair Project – Budget Adjustment (WT) Resolution No. NS-30,200 was adopted amending the FY 2024 budget to transfer $3,100,000 within the Water Department’s Capital Investment Program budget from the Water Program Management Reserve (c702003) to the Felton Diversion Emergency Pipeline Repair Project (e702301).
September 12, 2023 CITY COUNCIL MINUTES 6565
Consent Agenda (continued)
17. Approval of License Agreement with Soquel Creek Water District for DeLaveaga Tanks Communication Equipment (WT)
Motion carried authorizing the Water Director to execute a License Agreement with Soquel Creek Water District in a form approved by the City Attorney to access the Water Department’s DeLaveaga tank site and install and maintain communication equipment at the site.
End Consent Agenda
General Business
18. Water Commission Appointments (CC)
Mayor Keeley opened the public comment period. There were no speakers.
Mayor Keeley closed the public comment period.
City Clerk Administrator B. Bush spoke.
Councilmember Newsome nominated Jonathan Lear as his appointee to the Water Commission, with a term ending January 31, 2027.
Councilmember Brunner nominated Megan Goddard to serve at-large on the Water Commission with a term ending January 31, 2026.
By consensus, Council approved Councilmember Newsome’s direct appointment of Jonathan Lear to the Water Commission, with a term ending January 31, 2027.
By consensus, Council appointed Megan Goddard to the Water Commission, with a term ending January 31, 2026.
September 12, 2023 CITY COUNCIL MINUTES 6566
General Business (continued)
19. Amendment of Santa Cruz Municipal Code Section 16.08.110, Prohibitions and Limitations on Wastewater Discharges (PW)
Laboratory and Environmental Compliance Manager A. Babatola spoke and responded to Council questions.
Water Director R. Menard responded to Council questions.
Mayor Keeley opened the public comment period. The following people spoke.
James Ewing Whitman
Garrett
Mayor Keeley closed the public comment period.
MOTION: Councilmember Brunner moved, seconded by Councilmember Kalantari-Johnson, to introduce for publication Ordinance No. 2023-10 amending Santa Cruz Municipal Code Section 16.08.110, Prohibitions and Limitations of Wastewater Discharges, in compliance with the Clean Water Act at sections 403.6 (e) and 403.8 (National Pretreatment Standards).
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.
September 12, 2023 CITY COUNCIL MINUTES 6567
General Business (continued)
At this time, Councilmember Brunner recused herself and left the dais.
20. Downtown Association: Parking and Business Improvement Area Assessments for FY 2024 (ED)
Economic Development Manager R. Unitt gave a presentation 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 Newsome, to:
Approve the updated plan prepared by the Downtown Association for FY 2024; and
Adopt Resolution No. NS-30,201 as a Resolution of Intention to levy a Downtown Parking and Business Improvement Assessment for FY 2024 and schedule a public hearing for September 26, 2023 on the levy of the assessments for FY 2024; and
Introduce for publication Ordinance No. 2023-11 confirming that Chapter
5.05 of the Santa Cruz Municipal Code shall continue to apply to the Parking and Business Improvement and setting forth a new method and basis for levying assessments thereby resulting in an increased assessment.
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.
September 12, 2023 CITY COUNCIL MINUTES 6568
General Business (continued)
21. Water Street Bridge Historical Marker (CN)
Councilmember Brunner spoke.
Don Lauritson, Commissioner on the Historic Preservation Commission, and Geoffrey Dunn, local historian, spoke.
Principal Management Analyst E. Nguyen spoke.
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 approve the plaque language, location, and installation of the historical marker.
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 3:24 p.m. and returned at 3:31 p.m.
September 12, 2023 CITY COUNCIL MINUTES 6569
General Business (continued)
22. West Cliff Infrastructure and Transportation Update (PW/CM) Director of Public Works N. Nguyen, Assistant Director of Public Works/City Engineer K. Crossley, Transportation Manager M. Starkey, and Transportation Planner C. Gallogly gave a presentation and responded to Council questions.
Mayor Keeley opened the public comment period. The following people spoke.
Pauline Seales
Susan Cavalieri
Glenn Seiler
Amelia Conlen
Stephen Svete
Elizabeth Peck
Justin Tucker
Garrett
Don Iglesias
Cathy Iglesias
Gillian Greensite
Tom Powers
Unidentified person
Rob Tidmore
Unintelligible name
Mike Fraguglia
Unidentified person
Roger Bernstein
Mayor Keeley closed the public comment period.
September 12, 2023 CITY COUNCIL MINUTES 6570
General Business (continued)
22. West Cliff Infrastructure and Transportation Update (PW/CM) (continued) MOTION: Vice Mayor Golder moved, seconded by Councilmember Kalantari-Johnson, to:
Receive updates on West Cliff-related capital projects including Bethany Curve culvert, riprap, and infill walls; transportation efforts including the study conducted on the one-way pilot; and infrastructure next steps including impacts for West Cliff given construction projects; Direct staff to restore two-way traffic, remove the one-way pilot when the infill walls are complete, and include further traffic options in the 50-year vision project;
Adopt Resolution No. NS-30,202 to approve a City traffic calming toolkit; and
Adopt Resolution No. NS-30,203 to amend the FY 2024 budget to appropriate $1.7 million from Gas-Tax, $1 million from General Fund Capital Investment Program (CIP), and $1 million from state earmark to the West Cliff Stabilization Project (c401501).
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 Newsome, to adjourn. By consensus City Council adjourned at 5:59 p.m.
RESPECTFULLY SUBMITTED: ss/Julia Wood, Deputy City Clerk Administrator, ATTEST: ss/Bonnie Bush, City Clerk Administrator, APPROVED: ss/Fred Keeley, Mayor.