City of Santa Cruz
809 Center Street
Santa Cruz, California 95060
MINUTES OF A CITY COUNCIL MEETING
September 26, 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, Assistant City Manager L. Schmidt, City Attorney T. Condotti, Finance Director E. Cabell, 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 1:03 p.m., at which time the meeting was closed to the public and Council adjourned to the Courtyard Conference Room.
Closed Session
1. Conference With Legal Counsel – Liability Claims (Government Code §54956.95) 1) Claimant: Michael Lewis Sweatt
2) Claimant: Andre Deladier Almeida
Claims against the City of Santa Cruz
Council received a status report, took up under agenda item 7, and took no reportable action.
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Closed Session (continued)
2. 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 took no reportable action.
September 26, 2023 CITY COUNCIL MINUTES 6574
City of Santa Cruz
809 Center Street
Santa Cruz, California 95060
MINUTES OF A CITY COUNCIL MEETING
September 26, 2023
1:45 PM
Call to Order – Mayor Keeley called the meeting to order at 1:53 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, Director of Public Works N. Nguyen, Director of Economic Development and Housing B. Lipscomb, Director of Planning and Community Development L. Butler, Deputy City Manager L. Murphy (via Zoom), Chief of Fire R. Oatey (via Zoom), Laboratory and Environmental Compliance Manager A. Babatola, Assistant City Attorney C. Bronson, Superintendent of Parks T. Beck, Economic Development Manager R. Unitt, Communications Manager E. Smart, Deputy City Clerk Administrator J.
Wood, City Clerk Administrator B. Bush.
Oral Communications Announcement - The Mayor provided a brief announcement about Oral Communications.
Oral Communications
At 1:55 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.
Becky Steinbruner spoke regarding a group she’s been following called Catalysts for Local Control who are trying to address some of the problems with the 6th Cycle RHNA numbers, asking Council to check out the group and providing their meeting details.
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Oral Communications (continued)
Rachel Sotos spoke regarding a comment she made at the September 12, 2023 City Council meeting and wanted to clarify that she was suggesting Council form a Truth Commission, with “truth” being the operative word, and with a required attitude of skepticism.
James Ewing Whitman spoke regarding a magazine with 13 articles related to rescuing children and referenced a specific incident that happened on June 28, 2021, involving Santa Cruz Police, and asked Council to review a 6-minute YouTube video regarding this.
Garrett spoke regarding the bridge marker on the Water Street Bridge, stating there is no specific evidence of racial terrorism.
Gillian Greensite spoke regarding the ability of the public to be able to hear what is being said from the dais and asked that staff and Commissioners who serve on advisory bodies be reminded to speak directly into microphones.
At 2:06 p.m. Mayor Keeley closed Oral Communications.
Presiding Officer's Announcements
Statements of Disqualification – Councilmember Brunner announced she is recusing herself from item 12 as this item has an impact on her employer, the Downtown Association.
Additions and Deletions – None.
City Attorney Report on Closed Session – See pages 6572—6573 for the report.
Council Meeting Calendar
3. The City Council reviewed and did not revise the meeting calendar attached to the agenda.
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Consent Agenda
Councilmember Brunner requested to amend item 5 to reflect Rachel Sotos’ comment during Oral Communications at the September 12, 2023 City Council meeting as follows:
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.
City Clerk Administrator B. Bush clarified that staff will review the recording and edit the minutes.
Councilmember Kalantari-Johnson pulled item 8 for further discussion.
Councilmember Brown pulled item 4 for further discission.
Mayor Keeley opened the public comment period. There were no speakers. Mayor Keeley closed the public comment period.
MOTION: Vice Mayor Golder moved, seconded by Councilmember Watkins, to approve the remaining Consent Agenda as amended.
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.
4. Resolution Updating the City of Santa Cruz Bail Schedule (CA) Assistant City Attorney C. Bronson and City Attorney T. Condotti 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 Vice Mayor Golder, to adopt Resolution No. NS-30,204 adopting an updated bail schedule and directing staff to forward the updated bail schedule to the Santa Cruz County Superior Court.
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At this time, Mayor Keeley reordered the agenda to hear item 8 first, then returned to item 4.
Consent Agenda (continued)
4. Resolution Updating the City of Santa Cruz Bail Schedule (CA) (continued) 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.
5. Minutes of the September 12, 2023 City Council Meeting (CC) Motion carried to approve as amended.
6. Amendments to Extend the Term of the Ground Lease, Temporary Arena Lease and the Loan Agreement for the Kaiser Permanente Arena (ED) Motion carried to approve the amendments to the term of the Ground Lease between the City of Santa Cruz and the Seaside Company and the Arena Lease and Loan Agreement between the City of Santa Cruz and the Santa Cruz Warriors for the Kaiser Permanente Arena.
7. Liability Claims Filed Against the City of Santa Cruz (FN) Motion carried to reject the liability claims of 1) Michael Lewis Sweatt, and 2) Andre Deladier Almeida, based on staff recommendation.
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Consent Agenda (continued)
8. Side Letters of Agreement with Service Employees International Union and Supervisory OE3 - Duty Assignment and Shift Differential for Lone Operators Changes (HR)
Mayor Keeley opened the public comment period. The following people spoke.
Unidentified person
Rome Norman
Chris Coburn
Larson Graff
Mayor Keeley closed the public comment period.
MOTION: Councilmember Kalantari-Johnson moved, seconded by Councilmember Newsome, to:
Adopt Resolution No. NS-30,205 approving a Side Letter of Agreement with the Santa Cruz Service Employees of the Service Employees International Union, Local 521, and
Adopt Resolution No. NS-30,206 approving a Side Letter of Agreement with the Supervisory, Operating Engineers Local #3.
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.
9. Water Service for APN 068-121-27, Branciforte Drive, Santa Cruz CA 95065 (WT) Motion carried to declare willingness to provide water service to Assessor Parcel Number 068-121-27, Branciforte Drive, Santa Cruz, CA 95065, and to find the action exempt under the California Environmental Quality Act.
End Consent Agenda
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Public Hearings
10. 2nd Reading and Final Adoption of Ordinance No. 2023-10 Amending the Santa Cruz Municipal Code Section 16.08.110, Prohibitions and Limitations on Wastewater Discharges (PW)
Laboratory and Environmental Compliance Manager A. Babatola responded to Council questions.
Mayor Keeley opened the public comment period. The following people spoke.
Becky Steinbruner
James Ewing Whitman
Mayor Keeley closed the public comment period.
MOTION: Councilmember Brown moved, seconded by Councilmember Brunner, to adopt Ordinance No. 2023-10 amending Santa Cruz Municipal Code Section 16.08.110, Prohibitions and Limitations on 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.
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Public Hearings (continued)
11. Tree Permit Appeal 339 Walnut Avenue (PR)
Superintendent of Parks T. Beck gave a presentation and responded to Council questions.
Appellant Keelan Franzen spoke regarding this item.
Applicant Mary Martyr spoke regarding this item and responded to Council questions.
Director of Public Works N. Nguyen responded to Council questions.
Mayor Keeley opened the public comment period. The following people spoke.
Unidentified person
Veronica Elsea
Gillian Greensite
Jacob Pollock
Annika Mancini
Dana Bagshaw
Izzy
Ian Johnson
Emily Love
Harrison MacDonald
Becky Steinbruner
Oakley Usat
Deborah [last name unintelligible]
Mayor Keeley closed the public comment period.
Appellant Keelan Franzen provided a rebuttal.
MOTION: Councilmember Newsome moved, seconded by Mayor Keeley, to adopt a resolution to deny the appeal and uphold the Parks and Recreation Commission’s approval of tree removal permit application TR23-0089 submitted by Santa Cruz Property Management to remove one coast redwood tree located at 339 Walnut Avenue.
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Public Hearings (continued)
11. Tree Permit Appeal 339 Walnut Avenue (PR) (continued) SUBSTITUTE MOTION: Councilmember Brown moved, seconded by Councilmember Kalantari-Johnson, to:
Continue the appeal hearing of the Parks and Recreation Commission’s approval of tree removal permit application, TR23-0089 submitted by Santa Cruz Property Management to remove one coast redwood tree located at 339 Walnut Avenue to a future meeting, and
Direct staff to conduct additional analysis and explore alternatives to tree removal, and to return to Council with potential mitigation measures, a cost estimate for sidewalk repair, and possible budget adjustment.
FRIENDLY AMENDMENT: Councilmember Kalantari-Johnson requested to add direction to staff to explore options for prioritizing fixing the impacted sidewalk. Councilmember Brown accepted.
ACTION: The motion to accept the substitute motion carried with the following vote.
AYES: Councilmembers Brown, Brunner, Kalantari-Johnson; Vice Mayor Golder; Mayor Keeley.
NOES: Councilmembers Newsome, Watkins.
ABSENT: None.
DISQUALIFIED: None.
ACTION: The substitute motion carried with the following vote.
AYES: Councilmembers Newsome, Brown, Brunner, KalantariJohnson; Vice Mayor Golder; Mayor Keeley.
NOES: Councilmember Watkins.
ABSENT: None.
DISQUALIFIED: None.
September 26, 2023 CITY COUNCIL MINUTES 6582
At this time, Councilmember Brunner recused herself and left the dais.
Public Hearings (continued)
12. Downtown Association: Parking and Business Improvement Area Assessments for FY 2024 (ED)
Economic Development Manager R. Unitt spoke.
Mayor Keeley opened the public comment period. The following people spoke.
Jacki Truhitte
Robert
Unidentified person
Mayor Keeley closed the public comment period.
At this time, Council took a break 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.
MOTION: Councilmember Watkins moved, seconded by Councilmember Kalantari-Johnson, to:
Adopt Resolution No. NS-30,207 confirming the Downtown Association updated FY 2024 Annual Plan and levying an increased Downtown Parking and Business Improvement Assessment for FY 2024; and
Adopt 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 26, 2023 CITY COUNCIL MINUTES 6583
General Business
13. West Cliff Update, including Infrastructure, Transportation, Regulatory Planning, and Roadmap Development (CM/PW)
Director of Public Works N. Nguyen and Assistant City Manager L. Schmidt introduced the item.
Michael McCormick, President, Farallon Strategies, Director of Public Works N.
Nguyen, and Director of Planning and Community Development L. Butler gave a presentation and responded to Council questions.
Assistant City Manager L. Schmidt responded to Council questions.
Mayor Keeley opened the public comment period. The following people spoke.
Robert
Garrett
Gillian Greensite
Unidentified person
Kim Stoner
Unidentified person
Elise Casby
Mayor Keeley closed the public comment period.
Communications Manager E. Smart responded to Council questions.
Adjournment – Vice Mayor Golder moved, seconded by Councilmember Brown, to adjourn. By consensus City Council adjourned at 7:17 p.m.
RESPECTFULLY SUBMITTED: ss/Julia Wood, Deputy City Clerk Administrator, ATTEST: ss/Bonnie Bush, City Clerk Administrator, APPROVED: ss/Fred Keeley, Mayor.