Minutes — Santa Cruz City Council, December 12, 2023

City of Santa Cruz
809 Center Street
Santa Cruz, California 95060

MINUTES OF A CITY COUNCIL MEETING
December 12, 2023
10:30 AM
Mayor Keeley opened the City Council Closed Session at 10:36 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, Director of Information Technology K. Morgan, Director of Economic Development and Housing B. Lipscomb, Risk and Safety Manager R.

Brandon, City Attorney T. Condotti, Deputy City Clerk Administrator J.

Wood, City Clerk Administrator B. Bush.

Closed Session
City Attorney T. Condotti announced that a need arose after the agenda was published to add an item to Closed Session for discussion and, due to the need for Council direction before the next regularly scheduled Council meeting, requested that Council add an item of significant exposure to litigation as a subsequent need item.

MOTION: Councilmember Watkins, seconded by Councilmember KalantariJohnson, to add one item of subsequent need to the Closed Session: Significant Exposure to Litigation.

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.

December 12, 2023 CITY COUNCIL MINUTES 6649
Public Comment
Mayor Keeley opened the public comment period at 10:38 a.m. The following person spoke:

Jenai Herod spoke regarding item 1.1.

Mayor Keeley closed the public comment period at 10:41 a.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: Jenai Marie Herod
2) Claimant: Elaine Vierra
Claims against the City of Santa Cruz
Council received a status report, took up under agenda item 9, and no reportable action was taken.

2. Real Property Negotiations (Government Code §54956.8) 1) Property: 113 Lincoln Street
APN: 005-141-11
Owner: Christophe Bellito
City Negotiator: Bonnie Lipscomb
Negotiating Parties: City of Santa Cruz and Christophe Bellito Under Negotiation: Price, terms of payment, or both
2) Property: 119-123 Locust Street
APN: 005-043-02
Owner: David Posner
City Negotiator: Bonnie Lipscomb
Negotiating Parties: City of Santa Cruz and David Posner Under Negotiation: Price, terms of payment, or both
December 12, 2023 CITY COUNCIL MINUTES 6650
Closed Session (continued)

2. Real Property Negotiations (Government Code §54956.8) (continued) 3) Property: 1016 Cedar Street
APN: 005-042-36
Owner: City of Santa Cruz
City Negotiator: Bonnie Lipscomb
Negotiating Parties: City of Santa Cruz and Ryan Stirm
Under Negotiation: Price, terms of payment, or both
4) Property: 302 and 326 Front Street
APNs: 005-151-48 and 005-151-35
Owner: City of Santa Cruz
City Negotiator: Bonnie Lipscomb
Negotiating Parties: City of Santa Cruz and SCFS Venture LLC.

Under Negotiation: Price, terms of payment, or both
5) Property: No site address, Ben Lomond
APN: 072-174-02
Owner: Helena Chen
City Negotiator: Rosemary Menard
Negotiating Parties: City of Santa Cruz and Helena Chen Under Negotiation: Price, terms of payment, or both
6) Property: 321 Brackney Road, Ben Lomond
APN: 072-231-12
Owner: Julie K. Daniels
City Negotiator: Rosemary Menard
Negotiating Parties: City of Santa Cruz and Julie K. Daniels Under Negotiation: Price, terms of payment, or both
7) Property: No Site Address, Ben Lomond
APN: 072-152-07
Owner: Hai and Nga Nau
City Negotiator: Rosemary Menard
Negotiating Parties: City of Santa Cruz and Hai and Nga Nau Under Negotiation: Price, terms of payment, or both
December 12, 2023 CITY COUNCIL MINUTES 6651
Closed Session (continued)

2. Real Property Negotiations (Government Code §54956.8) (continued) 8) Property: 7000 Rose Acres Lane, Felton
APN: 071-081-03
Owner: Ronald J. Ballauf c/o Elaine Rebecchi
City Negotiator: Rosemary Menard
Negotiating Parties: City of Santa Cruz and Ronald J. Ballauf c/o Elaine Rebecchi
Under Negotiation: Price, terms of payment, or both
9) Property: 234 Caledonium Avenue, Ben Lomond
APN: 072-145-28
Owner: Katrin Craig
City Negotiator: Rosemary Menard
Negotiating Parties: City of Santa Cruz and Katrin Craig Under Negotiation: Price, terms of payment, or both
10) Property: 200 Caledonium Avenue, Ben Lomond
APN: 072-145-33
Owner: Brian K. and Leslee A. Warwick
City Negotiator: Rosemary Menard
Negotiating Parties: City of Santa Cruz and Brian K. and Leslee A. Warwick Under Negotiation: Price, terms of payment, or both
11) Property: No Site Address, Ben Lomond
APN: 072-174-04
Owner: Milburn D. and Cheryl Lynne Schaaf
City Negotiator: Rosemary Menard
Negotiating Parties: City of Santa Cruz and Milburn D. and Cheryl Lynne Schaaf Under Negotiation: Price, terms of payment, or both
12) Property: 7900 Fremont Avenue, Ben Lomond
APN: 072-174-06
Owner: Susan C. Rines
City Negotiator: Rosemary Menard
Negotiating Parties: City of Santa Cruz and Susan C. Rines Under Negotiation: Price, terms of payment, or both
December 12, 2023 CITY COUNCIL MINUTES 6652
Closed Session (continued)

2. Real Property Negotiations (Government Code §54956.8) (continued) 13) Property: No Site Address, Ben Lomond
APN: 072-181-17
Owner: Jamie Keith McDonald
City Negotiator: Rosemary Menard
Negotiating Parties: City of Santa Cruz and Jamie Keith McDonald Under Negotiation: Price, terms of payment, or both
14) Property: No Site Address, Ben Lomond
APN: 072-181-25
Owner: Jamie Keith McDonald
City Negotiator: Rosemary Menard
Negotiating Parties: City of Santa Cruz and Jamie Keith McDonald Under Negotiation: Price, terms of payment, or both
15) Property: No Site Address, Ben Lomond
APN: 072-181-26
Owner: Jamie Keith McDonald
City Negotiator: Rosemary Menard
Negotiating Parties: City of Santa Cruz and Jamie Keith McDonald Under Negotiation: Price, terms of payment, or both
16) Property: No Site Address, Ben Lomond
APN: 072-182-03
Owner: Cheryl Mercurio
City Negotiator: Rosemary Menard
Negotiating Parties: City of Santa Cruz and Cheryl Mercurio Under Negotiation: Price, terms of payment, or both
17) Property: 345 Brackney Road, Ben Lomond
APN: 072-212-36
Owner: Robert C. and Judith A. Gremminger
City Negotiator: Rosemary Menard
Negotiating Parties: City of Santa Cruz and Robert C. and Judith A. Gremminger Under Negotiation: Price, terms of payment, or both
18) Property: 370 Brackney Road, Ben Lomond
APN: 072-221-18
Owner: Patrick J. Randolph
City Negotiator: Rosemary Menard
Negotiating Parties: City of Santa Cruz and Patrick J. Randolph Under Negotiation: Price, terms of payment, or both
December 12, 2023 CITY COUNCIL MINUTES 6653
Closed Session (continued)

2. Real Property Negotiations (Government Code §54956.8) (continued) 19) Property: 5865 Graham Hill Road
APN: 066-211-10
Owner: Wood VMS Family Limited Partnership
City Negotiator: Rosemary Menard
Negotiating Parties: City of Santa Cruz and Wood VMS Family Limited Partnership
Under Negotiation: Price, terms of payment, or both
Council received a status report for items 2.1—2.4 from the City Negotiator, Director of Economic Development and Housing B. Lipscomb, gave direction and no reportable action was taken.

Council received a status report for items 2.5—2.19 from the City Negotiator, Water Director R. Menard, took up under item 17, and no reportable action was taken.

3. Conference With Legal Counsel – Anticipated Litigation (Government Code §54956.9(d)(2))
Significant exposure to litigation (three potential cases to be discussed) Council received a report from legal counsel with regard to three items of significant exposure to litigation. Prior to the closed session, Council adopted by motion a subsequent need item on an item of significant exposure to litigation that came to the attention of the City after the agenda was posted, which needed to be discussed with City Council and obtain direction prior to the next regular meeting. There was no reportable action.

December 12, 2023 CITY COUNCIL MINUTES 6654
Closed Session (continued)

4. Public Employee Performance Evaluation/Conference with Labor Negotiators (Government Code §54957, §54957.6)
Unrepresented employee: City Manager
Agency designated representative: City Attorney
Council conducted a performance and compensation review and directed an item be added to the first meeting in January in open session to consider an amendment to the City Manager Employment Agreement to make a 5% merit adjustment as well as an extension of the agreement to the year 2030.

December 12, 2023 CITY COUNCIL MINUTES 6655
City of Santa Cruz
809 Center Street
Santa Cruz, California 95060

MINUTES OF A CITY COUNCIL MEETING
December 12, 2023
12:45 PM
Call to Order – Mayor Keeley called the meeting to order at 12:59 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 (via Zoom), City Attorney T. Condotti, Chief of Fire R. Oatey, Director of Information Technology K. Morgan, Chief of Police B. Escalante, Director of Planning and Community Development L. Butler, Water Director R. Menard (via Zoom), Principal Planner M. VanHua, Deputy City Attorney S. Humy, 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 1:00 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.

The following people spoke regarding the genocide in Palestine and requested City Council pass a resolution demanding a permanent ceasefire.

Kayla Kumar
Musa
Sylvie Stein
Eric Stats
Joy Schendledecker
Greg
Sabina Holber
December 12, 2023 CITY COUNCIL MINUTES 6656
Oral Communications (continued)
The following people spoke regarding the genocide in Palestine and requested City Council pass a resolution demanding a permanent ceasefire (continued).

Ellen
[Unintelligible name]
Jared
Rachel Kippen
Chel Mandell
Isabelle
Ellen Stone
Isabella
Sarah
Emma Ledvina
Max Kaplan
Windsor
Rebecca Gross
Mikayla Ignou
Max
Gabrielle Yerman
Jennifer Kelly
Zav
Melissa
Evan Robles
Laurie Palmer
Cassandra Berico
Ava
Niary
Arthur Barrens
Sarah
Thevi Antonio Robles
Teddy
Joelle
Jennifer Barnett
Ruby
Bea
Matthew
Tam Welch
Jane
Michael
Eddie
[Unintelligible first name] Hughes
Vicky Winters
December 12, 2023 CITY COUNCIL MINUTES 6657
Oral Communications (continued)
The following people spoke regarding the genocide in Palestine and requested City Council pass a resolution demanding a permanent ceasefire (continued).

Aurora
Alex
Katie Spencer
Annie Stafford
Rachel Chavez
Dylan
Abby
Theresa Bennings
Robin
Jazz Miah
Jess Fournier
Nicole Zahm
Riley Collins
Rosalind Shorenstein
Camila Hawthorn
Elaine Miller
Jeffrey Smedberg
Stacey Garcia
Arshad Mohammad
Veronica Hamilton
Karissa
Cyndi Dawson
Claire Shorenstein
Carlos
Lisa Navarro
Reggie Meisler
Brenda Garcia
Weston Mossman
Skyler [unintelligible last name]
Myrin Mentoura
Gillian
Caroline
Unidentified person
Kathleen [unintelligible last name]
Mel
Melly
Danielle West
Ciera Dudley
Malachi
December 12, 2023 CITY COUNCIL MINUTES 6658
Oral Communications (continued)
The following people spoke regarding the genocide in Palestine and requested City Council pass a resolution demanding a permanent ceasefire (continued).

Tenaya
Tobias Voorhees
[unintelligible name]
Kara Rasmussen
Amy Argenal
Nicholas
Eileen
Hector Marin
Ren [unintelligible last name]
Natalia
Oregano Pinto
[unintelligible name]
Unidentified person
Unidentified person
Unidentified person
Unidentified person
Sophie
Dice Johnson
Garrett spoke in opposition to City Council adopting a ceasefire resolution, and has issues with Council taking advocacies with public unions, and directed Council to have “no furlough” concessions deleted from future union contracts, and requested that Council stop with a “no trans hate” narrative.

Rabbi Richard LitVak spoke in opposition to City Council adopting a ceasefire resolution.

Bradley Snyder spoke in opposition to City Council adopting a ceasefire resolution.

Stacey Saady spoke in opposition to City Council adopting a ceasefire resolution.

Avihai spoke in opposition to City Council adopting a ceasefire resolution.

Unidentified person spoke in opposition to City Council adopting a ceasefire resolution.

Susan Karon spoke in opposition to City Council adopting a ceasefire resolution.

James Ewing Whitman spoke regarding the country being founded on genocide and slavery.

December 12, 2023 CITY COUNCIL MINUTES 6659
Oral Communications (continued)
At 4:31 p.m. Mayor Keeley closed Oral Communications.

MOTION: Councilmember Brown moved, seconded by Councilmember Brunner, to call for a special meeting in December for the purpose of adopting a resolution identical to the resolution adopted by the City of Oakland to demand a permanent ceasefire on the war in Palestine.

FRIENDLY AMENDMENT: Councilmember Brunner requested to amend the motion that if a special meeting in December is not possible, to agendize for the first meeting in January to adopt a ceasefire resolution as developed through community meetings and input. Councilmember Brown accepted.

ACTION: The motion carried with the following vote.

AYES: Councilmembers Brown, Watkins, Brunner, Kalantari-Johnson; Mayor Keeley.

NOES: Councilmember Newsome; Vice Mayor Golder.

ABSENT: None.

DISQUALIFIED: None.

Presentations

5. Mayoral Proclamation Declaring December 12, 2023, as Autumn Hays Day This item was continued to the meeting of January 9, 2024.

Presiding Officer's Announcements
Statements of Disqualification – Mayor Keeley announced he is recusing himself from item 12 as 908 Ocean Street is within 500 feet of his residence.

Additions and Deletions – Mayor Keeley announced item 25 would be continued to the meeting of January 9, 2024, and would not be discussed.

At 4:52 p.m. Council adjourned back to Closed Session and returned to the open session at 5:33 p.m.

City Attorney Report on Closed Session – See pages 6649—6654 for the report.

Council Meeting Calendar

6. The City Council reviewed and did not revise the meeting calendar attached to the agenda.

December 12, 2023 CITY COUNCIL MINUTES 6660
December 12, 2023 CITY COUNCIL MINUTES 6661
Consent Agenda
Councilmembers Kalantari-Johnson and Newsome made a comment on item 14.

Vice Mayor Golder made a comment on item 17.

Councilmember Brown made a comment on item 8.

Mayor Keeley opened the public comment period. The following people spoke:

Garrett spoke regarding items 8 and 13.

Joe Thompson spoke regarding item 8.

Bradley Snyder spoke regarding item 13.

Mayor Keeley closed the public comment period.

Mayor Keeley made a comment on items 10 and 13.

MOTION: Councilmember Watkins moved, seconded by Vice Mayor Golder, to approve the Consent Agenda.

ACTION: The motion carried with the following vote.

AYES: Councilmembers Newsome, Brown, Watkins, Brunner, KalantariJohnson; Vice Mayor Golder; Mayor Keeley (with the exception of item 12).

NOES: None.

ABSENT: None.

DISQUALIFIED: Mayor Keeley (item 12).

7. Minutes of the November 28, 2023 City Council Meeting (CC) Motion carried to approve as submitted.

December 12, 2023 CITY COUNCIL MINUTES 6662
Consent Agenda (continued)

8. Council Subcommittee to Explore the Feasibility of Community Workforce or Project Labor Agreements for City Capital Investment Projects (CN) Motion carried to:
 Direct staff to issue a Request for Proposals to work with a Council subcommittee to conduct a feasibility assessment of the potential options and considerations related to the City entering into a Community Workforce or Project Labor Agreement with the Monterey-Santa Cruz Counties Building and Construction Trades Council; and
 Appoint an ad hoc Council subcommittee comprised of Mayor Keeley, and Councilmembers Watkins and Newsome on the planned evaluation of Community Workforce or Project Labor Agreements.

9. Liability Claims Filed Against the City of Santa Cruz (FN) Motion carried to reject the liability claims of 1) Jenai Marie Herod, and 2) Elaine Vierra, based on staff recommendation.

10. FY 2023 Traffic Impact Fee Annual Report (FN/PW)
Motion carried to accept and approve the attached FY 2023 Traffic Impact Fee Annual Report.

11. FY 2023 Parking In-Lieu Impact Fee Annual Report (FN/PW) Motion carried to accept and approve the attached FY 2023 Parking In-Lieu Impact Fee Annual Report.

December 12, 2023 CITY COUNCIL MINUTES 6663
Consent Agenda (continued)

12. Award Contract for an Environmental Impact Report (EIR) for the 908 Ocean Street Mixed Use Project, which Occupies the Majority of the Block Bounded by Ocean Stret, Water Street, May Avenue, and Hubbard Street (PL) Motion carried to:
 Award a contract to Kimley-Horn (Capitola, CA) for an Environmental Impact Report (EIR) in the amount of $209,086 and reject all other proposals, and
 Authorize the City Manager to execute an agreement in a form approved by the City Attorney with Kimley-Horn for an EIR for 908 Ocean Street.

13. Award Contract for Active Transportation Program (ATP) Cycle 6 Noninfrastructure Education and Encouragement Programming (PW) Motion carried to award a contract for the purchase of Non-infrastructure Education and Encouragement Programming from Ecology Action (Santa Cruz, CA) in the amount of $992,000. 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.

14. Santa Cruz County Regional Transportation Commission Consolidated Call for Project Grant Submittals (PW)
Motion carried to authorize the City Manager to apply for, accept, and appropriate funds from the 2023 Consolidated Regional Transportation Grant program for Bethany Culvert Emergency Repairs, Bay Corridor Design Funds, Bay Paving between Mission Street and east of Lennox Street, and Escalona Complete Streets.

15. Award Contract for FY 2024—2028 Traffic Striping Installation and Maintenance (PW)
Motion carried to award a contract to Chrisp Company for traffic striping installation and maintenance. The City Manager is hereby authorized and directed to execute an agreement in a form to be approved by the City Attorney. The Public Works Director is authorized to execute contract amendments within the approved project budget.

December 12, 2023 CITY COUNCIL MINUTES 6664
Consent Agenda (continued)

16. Contract Amendment 2024-1.1 with HDR Inc. for Capital Program Management Services (WT)
Motion carried authorizing the City Manager to execute Contract Amendment 2024-1.1 in the amount of $1,128,563 with HDR, Inc. in a form to be approved by the City Attorney.

17. Purchase of Real Property Necessary for Brackney Landslide Area Pipeline Risk Reduction Project: Multiple Properties, Assessor’s Parcel Numbers 071-081-03, 072-145-28, 072-145-33, 072-174-04, 072-174-06, 072-181-17, 072-181-25 & 26, 072-182-03, 072-212-36, and 072-221-18, Owned by Rebecchi & Ballauf Trust, Craig, Warwick, Schaaf, Rines Trust, McDonald, McDonald, Mercurio Trust, Gremminger Trust, and Peeler-Randolph Trust, Respectively (WT) (continued)
 Adopt Resolution No. NS-30,250 authorizing and directing the City Manager or his designee to execute a purchase sale agreement between the City of Santa Cruz and Milburn Schaaf and Cheryl Schaaf for the easement located in Felton, CA near Highway 9 between Glen Arbor Road and Brackney Road for a temporary easement for APN 072-174-04 for the Brackney Landslide Area Pipeline Risk Reduction Project;
 Adopt Resolution No. NS-30,251 authorizing and directing the City Manager or his designee to execute a purchase sale agreement between the City of Santa Cruz and Susan C. Rines Trust for the easement located in Felton, CA near Highway 9 between Glen Arbor Road and Brackney Road for a temporary easement for APN 072-174-06 for the Brackney Landslide Area Pipeline Risk Reduction Project;
 Adopt Resolution No. NS-30,252 authorizing and directing the City Manager or his designee to execute a purchase sale agreement between the City of Santa Cruz and Jamie K. McDonald for the easement located in Felton, CA near Highway 9 between Glen Arbor Road and Brackney Road for a permanent easement for APN 072-181-17 for the Brackney Landslide Area Pipeline Risk Reduction Project;
 Adopt Resolution No. NS-30,253 authorizing and directing the City Manager or his designee to execute a purchase sale agreement between the City of Santa Cruz and Jamie K. McDonald for the easement located in Felton, CA near Highway 9 between Glen Arbor Road and Brackney Road for a permanent easement for APN 072-181-25 & 072-181-26 for the Brackney Landslide Area Pipeline Risk Reduction Project;
 Adopt Resolution No. NS-30,254 authorizing and directing the City Manager or his designee to execute a purchase sale agreement between the City of Santa Cruz and Cheryl Mercurio Living Trust for the easement located in Felton, CA near Highway 9 between Glen Arbor Road and Brackney Road for a permanent easement for APN 072-182-03 for the Brackney Landslide Area Pipeline Risk Reduction Project;
December 12, 2023 CITY COUNCIL MINUTES 6666
Consent Agenda (continued)

End Consent Agenda
Consent Public Hearings
Councilmember Watkins pulled item 18 for further discussion.

Councilmember Newsome made a comment on item 20.

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 remaining Consent Public Hearing 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.

December 12, 2023 CITY COUNCIL MINUTES 6667
Consent Public Hearings (continued)

18. 2nd Reading and Final Adoption of Ordinance No. 2023-13 Requiring Delivery Companies to Provide a Service Enabling Customers to Tip Delivery Drivers (CN) MOTION: Councilmember Watkins moved, seconded by Councilmember Kalantari-Johnson, to adopt Ordinance No. 2023-13 and direct staff to return in January to amend the ordinance and re-approve for publication with the following amendments:

Section 5.11.020:
 Renumber subsection (b) to replace a. through e. with 1. through 5.

At Section 5.11.030:
 Renumber subsection (a) to replace a. through f. with 1. through 6.  Add new subsections 7 and 8 to read as follows:

7. Delivery companies or delivery drivers who are engaged in interstate commerce;

8. Any motor carrier holding interstate for hire motor carrier operating authority from the Federal Motor Carrier Safety Administration or any federally certificated air carrier operating under authority granted by the Federal Aviation Administration.
 Add subsection (b) The exceptions in subsection (a) shall not apply to delivery companies that both process consumer goods orders and arrange for transportation in a single transaction.

Mayor Keeley opened the public comment period. The following person spoke.

Mike Yadon
Mayor Keeley closed the public comment period.

ACTION: The motion carried with the following vote.

AYES: Councilmembers Newsome, Brown, Watkins, Brunner,
Kalantari-Johnson; Mayor Keeley.

NOES: Vice Mayor Golder.

ABSENT: None.

DISQUALIFIED: None.

December 12, 2023 CITY COUNCIL MINUTES 6668
Consent Public Hearings (continued)

19. Amending the City’s Plumbing Code to include Appendix M, the Peak Water Demand Calculator Approach to Sizing Building Plumbing Systems and Fixtures (CN)
Motion carried to:
 Introduce for publication Ordinance No. 2023-15 amending Title 18 of the Santa Cruz Municipal Code, adopting California Code of Regulations Title 24 Appendix M of the California Building Standards Codes, and  Direct Water Department staff to identify and resolve equity issues created by use of the meter sizing approach included in Appendix M prior to implementing the Appendix M meter sizing provisions and bring to the Council for review and action any necessary changes in Water and Wastewater System Development Charges and Water Rate fixed costs following the anticipated 2025 and 2027 updates to System Development Charges and Water Rates, respectively, to ensure that similarly situated customers are treated equitable regardless of the approach used to size the meters for their water service.

20. Tax Equity and Fiscal Responsibility Act (TEFRA) Hearing for Approval of the California Municipal Finance Authority for Issuance of Tax-Exempt Bonds for the Benefit of the Pacific Station North Affordable Housing Transit-oriented Development, Exempt Surplus Land Declaration, Approval of State IIG Funded Loan and for the Project, and Approval of a FY 2023 Federal Budget Appropriation Loan to the Project (ED)
Motion carried to:
 Adopt Resolution No. NS-30,257 to approve the issuance of Tax-Exempt Revenue Bonds by the California Municipal Finance Authority (“CMFA”) for the benefit of 902 Pacific Avenue Investors, L.P., a California limited partnership, or another entity to be established by Eden Housing, Inc. and For the Future Housing, Inc. or an affiliate thereof (collectively, the “Borrower”), in an amount not to exceed seventy-five million dollars ($75,000,000) to provide financing for Pacific Station North (the “Project”), such adoption is solely for the purposes of satisfying the requirements of TEFRA, the Code and the California Government Code Section 6500; December 12, 2023 CITY COUNCIL MINUTES 6669
Consent Public Hearings (continued)

20. Tax Equity and Fiscal Responsibility Act (TEFRA) Hearing for Approval of the California Municipal Finance Authority for Issuance of Tax-Exempt Bonds for the Benefit of the Pacific Station North Affordable Housing Transit-oriented Development, Exempt Surplus Land Declaration, Approval of State IIG Funded Loan and for the Project, and Approval of a FY 2023 Federal Budget Appropriation Loan to the Project (ED) (continued)
 Adopt Resolution No. NS-30,258 to approve the declaration of the land to be conveyed by the City to METRO as “exempt surplus” for the purpose of developing and operating the Project;
 Authorize City Manager or Finance Director to approve a Project loan for up to $10 million in State IIG funding already awarded to Pacific Station and the Project and to execute loan documents including agreements, amendments, and related documents in a form to be approved by City Attorney, on behalf of the City; and
 Authorize City Manager or Finance Director to approve a Project loan for up to $2 million from the FY 2023 federal budget appropriation for the Project.

21. 2nd Reading and Final Adoption of Ordinance No. 2023-14 Municipal Code Amendments Relating to Flexible Density Units (FDUs) Responding to Modifications Requested by the California Coastal Commission (PL) Ordinance No. 2023-14 was adopted amending Part 16 of Chapter 24.12 of the Municipal Code related to Flexible Density Units in response to action by the California Coastal Commission.

December 12, 2023 CITY COUNCIL MINUTES 6670
Public Hearings

22. General Plan 2030 6th Cycle Housing Element Update and Update to the Safety Element of the 2030 General Plan. Location: Citywide. Applicant: City of Santa Cruz. Environmental Review: Exempt per Section 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines and Reuse of the 2030 General Plan Environmental Impact Report (EIR). (PL)
Director of Planning and Community Development L. Butler introduced the item and responded to Council questions.

Principal Planner M. VanHua and Ines Galmiche, Consultant with Kimley Horn, gave a presentation and responded to Council questions.

Mayor Keeley opened the public comment period. The following people spoke.

Garrett
Rafa Sonnenfeld
Ryan Meckel
Bradley Snyder
Candace Brown
Mayor Keeley closed the public comment period.

MOTION: Councilmember Newsome moved, seconded by Councilmember Kalantari-Johnson, to adopt Resolution No. NS-30,259 rescinding Resolution No. NS-29,076 and adopting a General Plan Amendment to repeal the 5th Cycle 2015—2023 Housing Element and adopting the 2023—2031 6th Cycle Housing Element of the General Plan and associated updates to the Safety Element of the General Plan and finding that the proposed changes are exempt from CEQA under Section 15061(b)(3) and finding that the changes are covered under CEQA through a reuse of the 2030 General Plan EIR.

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.

December 12, 2023 CITY COUNCIL MINUTES 6671
Public Hearings (continued)

23. Resolution of Necessity for Brackney Landslide Area Pipeline Risk Reduction Project: East Side of Fremont Avenue, South of Oak Avenue, Ben Lomond, CA 95005, APN 072-174-02, Owned by Helena H. Chen, Single Tenancy (WT/CA) Deputy City Attorney Sam Humy spoke.

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 adopt Resolution No. NS-30,260, finding that public interest and necessity require the acquisition of interests in certain real property on Assessor’s Parcel Number 072-174-02, 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.

24. Resolution of Necessity for Brackney Landslide Area Pipeline Risk Reduction Project: 321 Brackney Road, Ben Lomond, CA 95005, APN 072-231-12, owned by Julie K. Daniels (WT/CA)
Deputy City Attorney Sam Humy spoke.

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 adopt Resolution No. NS-30,261, finding that public interest and necessity require the acquisition of interests in certain real property on Assessor’s Parcel Number 072-231-12, 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.

December 12, 2023 CITY COUNCIL MINUTES 6672
Public Hearings (continued)

AYES: Councilmembers Newsome, Brown, Watkins, Brunner,
Kalantari-Johnson; Vice Mayor Golder; Mayor Keeley.

NOES: None.

ABSENT: None.

DISQUALIFIED: None.

General Business

25. Collective of Results Evidence-Based (CORE) Update (CM) This item was continued to the meeting of January 9, 2024 and was not discussed.

26. Fiscal Year (FY) 2024 State Homeland Security Program Grant Proposal – Automated License Plate Readers (ALPRs) (PD)
Chief of Police B. Escalante gave a presentation and responded to Council questions.

Mayor Keeley opened the public comment period. The following people spoke.

Bruce Walker
Jazz Miah
Reggie Meisler
Peter Gelblum
Brad Snyder
Garrett
Mayor Keeley closed the public comment period.

December 12, 2023 CITY COUNCIL MINUTES 6673
General Business (continued)

26. Fiscal Year (FY) 2024 State Homeland Security Program Grant Proposal – Automated License Plate Readers (ALPRs) (PD) (continued) MOTION: Councilmember Brunner moved, seconded by Councilmember Kalantari-Johnson, to:
 Approve the attached FY 2024 State Homeland Security Program Grant proposal letter and direct staff to send the letter to the Santa Cruz County Office of Response, Recovery, and Resilience, Authorized Body of Five no later than December 31, 2023;
 Approve the installation of automated license plate readers within Santa Cruz city limits, purchased with funds received through the FY 2024 State Homeland Security Program Grant; and
 Review the Santa Cruz Police Department’s Automated License Plate Readers (ALPRs) Policy and provide comment, with the following amendments:

Policy 415 Addendum (a) - Automated License Plate Readers (ALPRs) Usage and Privacy Policy
Security:
a. All non-law enforcement requests for access to stored ALPR data shall be processed in accordance with applicable law. Such requests may include requests via a subpoena, criminal discovery, or court order. e. Every ALPR Detection Browsing Inquiry must be documented by either the associated Santa Cruz Police case number or incident number, if available. If an incident number or case number is not available, the ALPR Detection Browsing Inquiry must be documented by stating and/or a reason for the inquiry.

Automated License Plate Readers (ALPRs) Policy:
415.6 “Accountability and Safeguards”
a. All non-law enforcement requests for access to stored ALPR data shall be processed in accordance with applicable law. Such requests may include requests via a subpoena, criminal discovery, or court order.

December 12, 2023 CITY COUNCIL MINUTES 6674
General Business (continued)

26. Fiscal Year (FY) 2024 State Homeland Security Program Grant Proposal – Automated License Plate Readers (ALPRs) (PD) (continued) MOTION (continued):
e. Every ALPR Detection Browsing Inquiry must be documented by either the associated Santa Cruz Police case number or incident number, if available.

If an incident number or case number is not available, the ALPR Detection Browsing Inquiry must be documented by stating and/or a reason for the inquiry.

FRIENDLY AMENDMENT: Councilmember Brown requested to add:
 Direct staff to submit an annual report to the City Council on the use and effectiveness of the ALPRs, including but not limited to:
 Total number of scans
 Total number of hits generated
 Total number of arrests as a result of ALPR use
 Total number of vehicles recovered
 An equity assessment that explains what populations have been affected
Councilmembers Brunner and Kalantari-Johnson accepted.

ACTION: The motion carried with the following vote.

AYES: Councilmembers Newsome, Watkins, Brunner, KalantariJohnson; Vice Mayor Golder.

NOES: Councilmember Brown; Mayor Keeley.

ABSENT: None.

DISQUALIFIED: None.

Presentations

27. Comments from Re-elected Vice Mayor, Renee Golder
Vice Mayor Golder made comments as the re-elected Vice Mayor.

Adjournment – Vice Mayor Golder moved, seconded by Councilmember Watkins, to adjourn. By consensus City Council adjourned at 7:35 p.m.

December 12, 2023 CITY COUNCIL MINUTES 6675
RESPECTFULLY SUBMITTED: ss/Julia Wood, Deputy City Clerk Administrator, ATTEST: ss/Bonnie Bush, City Clerk Administrator, APPROVED: ss/Fred Keeley, Mayor.

Santa Cruz City CouncilDecember 12, 2023

Santa Cruz City Council
December 12, 2023