Minutes — Santa Cruz City Council, January 9, 2024

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

MINUTES OF A CITY COUNCIL MEETING
January 9, 2024
10:15 AM
Mayor Keeley opened the City Council Closed Session at 10:21 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 (arrived at 10:40 a.m.), Brunner (left at 11:10 a.m.), Kalantari-Johnson; 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, City Clerk Administrator B. Bush.

Additions and Deletions - City Clerk Administrator B. Bush announced that item 4 was removed from the agenda and would not be heard, as there were no new updates to discuss.

Public Comment
Mayor Keeley opened the public comment period at 10:22 a.m. The following person spoke:

Unidentified person spoke regarding item 1.

Mayor Keeley closed the public comment period.

Statements of Disqualification – Councilmember Brunner announced she would be recusing herself from item 3 based on the fact that a party to the matter is a source of income to a family member.

Closed Session was adjourned at 10:26 a.m. and Council went to the Courtyard Conference Room.

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Closed Session

1. Conference With Legal Counsel – Liability Claims (Government Code §54956.95) 1) Claimant: Jonatan Ordonez
2) Claimant: David W. Turner
Claims against the City of Santa Cruz
Council received a status report, took up under agenda item 15, and no reportable action was taken.

2. Conference with Legal Counsel - Existing Litigation (Government Code §54956.9(d)(1))
Don’t Morph the Wharf! v. City of Santa Cruz et al.
(Santa Cruz County Superior Court Case No. 20CV02731)
Council received a status report, 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) Councilmember Brunner recused herself from hearing this item, the remaining Council received a status report, and no reportable action was taken.

4. Conference with Labor Negotiators (Government Code §54957.6) This item was removed from the agenda and was not heard.

January 9, 2024 CITY COUNCIL MINUTES 6677
City of Santa Cruz
809 Center Street
Santa Cruz, California 95060

MINUTES OF A CITY COUNCIL MEETING
January 9, 2024
11:45 AM
Call to Order – Mayor Keeley called the meeting to order at 11:57 a.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, Water Director R. Menard, Chief People Officer S. De Leon, Director of Economic Development and Housing B. Lipscomb, Finance Director E.

Cabell (via Zoom), Director of Information Technology K. Morgan (via Zoom), Director of Public Works N. Nguyen (via Zoom), Chief of Police B. Escalante (via Zoom), Director of Planning and Community Development L. Butler (via Zoom), Deputy City Manager L. Murphy (via Zoom), Asset and Development Manager D. McCormic, 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 11:58 a.m. Mayor Keeley opened Oral Communications for members of the public who wished to speak regarding items not listed on the City Council agenda.

Tom Nelson spoke regarding an incident that happened at his downtown office, and the overall safety of downtown Santa Cruz.

Unidentified person spoke regarding polarization.

Robert Norse spoke regarding winter shelters and asked where they will be set up.

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Oral Communications (continued)
Richard Lewis spoke regarding opening a senior center in Watsonville, as well as one at the London Nelson Center.

Garrett spoke regarding illegal immigration.

John Golder spoke regarding a previous Planning Director, parks, and local parking structures.

Bradley Snyder spoke regarding the crime rates in other Bay Area cities.

Jasmeen Miah spoke regarding transparency of the Santa Cruz Police Department.

At 12:16 p.m. Mayor Keeley closed Oral Communications.

Presentations

5. Mayoral Proclamation Declaring January 9, 2024, as Autumn Hays Day Vice Mayor Golder read from and presented a proclamation to Autumn Hays, declaring January 9, 2024 as Autumn Hays Day.

6. Mayoral Proclamation Declaring January 11, 2024, as Doug Engfer Day Councilmember Brown read from and presented a proclamation to Doug Engfer, declaring January 11, 2024 as Doug Engfer Day.

Mayoral Proclamation Declaring January 9, 2024, as O’Neill Coldwater Classic Day
Councilmember Kalantari-Johnson read from and presented a proclamation to Shaun Burns, declaring January 9, 2024 as O’Neill Coldwater Classic Day.

Presiding Officer's Announcements
Statements of Disqualification – None.

Additions and Deletions – Mayor Keeley announced an additional attachment was added to item 29.

City Attorney Report on Closed Session – See page 6676 for the report.

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Council Meeting Calendar

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

Consent Agenda
Councilmember Brunner made a comment on item 14.

Vice Mayor Golder made comments on items 12 and 14.

Councilmember Brown made a comment on item 8.

Mayor Keeley made a comment on item 13 and announced that Councilmember Newsome would be assigned as the alternate to the Central Coast Community Energy Policy Board instead of Councilmember Brunner.

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

Unidentified person spoke regarding items 10 and 13.

Garrett spoke regarding item 12.

Robert Acosta spoke regarding item 8.

Mayor Keeley closed the public comment period.

MOTION: Councilmember Brown moved, seconded by Vice Mayor Golder, to approve the amended 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.

8. City Manager Annual Merit Increase and Contract Amendment (CA) Motion carried to approve an annual merit increase for the City Manager in the amount of 5% and an amendment to the City Manager’s Employment Agreement extending the term to January 1, 2030.

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Consent Agenda (continued)

9. Resolution Amending and Updating the City's Bail Schedule (CA) Resolution No. NS-30,262 was adopted adopting an updated bail schedule and directing staff to forward the updated bail schedule to the Santa Cruz County Superior Court.

10. Minutes of the December 12, 2023 City Council Meeting (CC) Motion carried to approve as submitted.

11. Decision Support Tool - Understanding Climate-Influenced River Flooding - Budget Adjustment (CM)
Resolution No. NS-30,263 was adopted amending the FY 2024 budget for the use of $239,375 ($179,375 from California Department of Water Resources grant and $60,000 from Public Works to fully fund the Decision Support Tool - Understanding Climate-Influenced River Flooding.

12. A Living Shoreline, Nature-Based Solutions and Sand Management Feasibility Study - Budget Adjustment (CM)
Resolution No. NS-30,264 was adopted amending the FY 2024 budget for the use of $500,000 from State Coastal Conservancy grant to fund the Living Shoreline, Nature-Based Solutions and Sand Management Feasibility Study.

13. Appointment of Representatives to External Agencies, Groups, Council Committees and Task Forces (CN)
Motion carried to approve Mayor Keeley’s nominations to external agencies, groups, and City Council committees and task forces for the 2024 calendar year.

14. Award Contract for Purchase of a Type 6 Fire Engine (FD) Motion carried to award a contract for the purchase of a Type 6 Fire Engine to Weis Fire & Safety Equipment, LLC., Salina, Kansas, in the amount of $305,310.05 and authorize the City Manager to execute an agreement in a form approved by the City Attorney.

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Consent Agenda (continued)

15. Liability Claims Filed Against the City of Santa Cruz (FN) Motion carried to reject the liability claims of 1) Jonatan Ordonez, and 2) David W. Turner, based on staff recommendation.

16. Sister Cities Committee Membership Reduction (PR)
Motion carried to:
 Adopt Resolution No. NS-30,265 changing the at-large membership from eleven (11) to seven (7) members and rescinding Resolution No. NS-28,142; and
 Amend the Sister Cities Committee bylaws to change the at-large membership from eleven (11) to seven (7).

17. Neary Lagoon Tule and Sediment Removal Project (m409688) – Notice of Completion (PW)
Motion carried to accept the work of McNabb Construction, Inc. (Lafayette, CA) as completed per plans and specifications and authorize the filing of the Notice of Completion for the Neary Lagoon Tule and Sediment Removal Project (m409688).

18. Award Contract for WWTF Emergency Switchgear and ATS Rehabilitation Project (c401405) - Purchase Order (PW)
Motion carried to approve a purchase order with Cupertino Electric Inc. (San Jose, CA) in the total amount of $387,934 to provide services for WWTF Emergency Switchgear and ATS Rehabilitation Project (c401405). The City Manager is hereby authorized and directed to execute the purchase order in a form approved by the City Attorney. The Public Works Director is authorized to execute change orders within the approved budget.

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Consent Agenda (continued)

19. Wastewater Treatment Facility Digester 1 Cleaning (c401607) - Authorization to Advertise and Award (PW)
Motion carried to approve the specifications for the Wastewater Treatment Facility Digester 1 Cleaning (c401607), 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.

20. Award Contractor for Solar PV Expansion at the Corp Yard (c101901) ABB EV Chargers – Budget Adjustment (PW)
Motion carried to:
 Award a contract for the purchase of ABB EV (electric vehicle) Chargers from EV Connect Inc, (Lake Forest, CA) in the amount $959,951.75; and  Adopt Resolution No. NS-30,266 amending the FY 2024 budget and appropriate funds in the amount of $647,929.39 from the California Energy Commission for the Solar PV (photovoltaic) Expansion at the Corp Yard (c101901).

21. Police Department Roof Restoration, Phase 2 – Award Contract (PW) Motion carried to award a contract with Tremco Inc. (Foster City, CA) for the restoration of the Police Department roof in the amount of $152,943. The City Manager is hereby authorized and directed to execute the contract in a form approved by the City Attorney. The Public Works Director is authorized to execute change orders within the approved project budget.

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Consent Agenda (continued)

22. Purchase of Real Property Necessary for Brackney Landslide Area Pipeline Risk Reduction Project: Multiple Properties, Assessor’s Parcel Numbers 071-081-24, 072-152-07, and 072-174-02, Owned by Lynn Weissbart, Hai & Nga Nau, and Hien Nguyen, and Nelson Chen, Respectively (WT)
Motion carried to:
 Adopt Resolution No. NS-30,267 authorizing and directing the City Manager or his designee to execute a purchase sale agreement between the City of Santa Cruz and Lynn Weissbart for the easement located in Felton, CA. near Highway 9 between Brackney Road and San Lorenzo Way for a permanent easement on APN 071-081-24 for the Brackney Landslide Area Pipeline Risk Reduction Project,
 Adopt Resolution No. NS-30,268 authorizing and directing the City Manager or his designee to execute a purchase sale agreement between the City of Santa Cruz and Hai & Nga Nau, and Hien Nguyen for the easement located in Felton, CA. near Highway 9 between Brackney Road and San Lorenzo Way for a permanent easement on APN 072-152-07 for the Brackney Landslide Area Pipeline Risk Reduction Project, and
 Adopt Resolution No. NS-30,269 authorizing and directing the City Manager or his designee to execute a purchase sale agreement between the City of Santa Cruz and Nelson Chen for the easement located in Felton, CA. near Highway 9 between Glen Arbor Road and Brackney Road for a temporary easement on APN 072-174-02 for the Brackney Landslide Area Pipeline Risk Reduction Project.

23. Award of Agreement to Thatcher Company of California Inc. for Liquid Aluminum Sulfate (WT)
Motion carried to accept the bid of Thatcher Company of California Inc. (Salt Lake City, UT) for Liquid Aluminum Sulfate, reject all other bids, and authorize the City Manager to execute an agreement in a form approved by the City Attorney.

End Consent Agenda
January 9, 2024 CITY COUNCIL MINUTES 6684
Consent Public Hearing
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 KalantariJohnson, to approve the 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.

24. 2nd Reading and Final Adoption of Ordinance No. 2023-15 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 adopt 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.

25. CalPERS Contract Amendment (HR)
Motion carried to:
 Adopt Resolution No. NS-30,270, a Resolution of Intention to approve an amendment to its contract with the California Public Employees’ Retirement System (CalPERS) to provide for a new local ocean beach lifeguard member category with Section 7522.25(d) (2.7% @ 57 Full formula), and Section 21574 (Fourth Level of 1959 Survivor Benefits) with 0% prior service; and
 Introduce for publication Ordinance No. 2024-01 implementing the CalPERS contract amendment.

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General Business

26. Collective of Results Evidence-Based (CORE) Update (CM) Assistant City Manager L. Schmidt introduced the item and responded to Council questions.

Kimberly Petersen, Deputy Human Services Director, and Amanda Geipe, Director of Planning and Evaluations of the Human Services Department with the County of Santa Cruz, gave a presentation and responded to Council questions.

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

Tracey Weiss
Jasmeen Miah
James Ewing Whitman
Brad Snyder
Mayor Keeley closed the public comment period.

MOTION: Councilmember Watkins moved, seconded by Councilmember Brown, to:
 Accept Santa Cruz County’s Human Services Department (HSD) CORE Annual Report for Fiscal Year (FY) 2022-23 and report back on community engagement;
 Direct that the prioritization for the next CORE request for proposals (RFP) funding cycle be:
 Lifelong Learning & Education,
 Thriving Families,
 Stable, Affordable Housing & Shelter, and
 Healthy Environments; and
 Direct City staff to coordinate with the HSD to return on or before April 30, 2024 with recommendations for the draft of the next cycle of the CORE Investments request for proposals (RFP).

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General Business

26. Collective of Results Evidence-Based (CORE) Update (CM) 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.

27. Revised Santa Cruz Wharf Master Plan and Environmental Determination (ED/PL/PR)
Asset and Development Manager D. McCormic and outside counsel Sabrina Teller gave a presentation and responded to Council questions.

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

Gillian Greensite
Bradley Snyder
James Ewing Whitman
Peter Drobac
Charles Meier
John Bombaci
Andrea Rosenfeld
Mark Gilbert
Unidentified person
John Aird
Mark Trabing
Mayor Keeley closed the public comment period.

MOTION: Councilmember Newsome moved, seconded by Councilmember Kalantari-Johnson, to:
 Adopt Resolution No. NS-30,271 certifying the Final Environmental Impact Report, with the following amendments:

January 9, 2024 CITY COUNCIL MINUTES 6687
General Business (continued)

27. Revised Santa Cruz Wharf Master Plan and Environmental Determination (ED/PL/PR) (continued)
MOTION (continued:

Title:

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ

ADOPTING THE SANTA CRUZ WHARF MASTER PLAN AND CERTIFYING THE

FINAL ENVIRONMENTAL IMPACT REPORT FOR THE SANTA CRUZ WHARF

MASTER PLAN

Page 3 ends

WHEREAS, the record, including the entire EIR, public comment, staff presentations, Master Plan and Engineering Report, and archival information shows a long history of infrastructure damage resulting from waves and debris, together with increased risk from climate change impacts, project engineers have recommended improving Wharf resilience through maintenance, lateral stabilization, and wave and debris impact attenuation from features like the Westside Walkway, among other efforts, based upon their extensive experience with a variety of approaches to coastal infrastructure. The record therefore supports the determination that proposed Wharf Master Plan improvements, as a whole and including the Westside Walkway, are needed to wrap the existing Wharf in a protective layer of new infrastructure that will reduce risks to public health, safety, and economic activity, while also expanding access and recreational uses, consistent with the project objectives; and,

Page 4 ends

The City Council hereby adopts the Santa Cruz Wharf Master Plan as guiding document for development and sustainability at the Wharf.  Adopt Resolution No. NS-30,272 approving Findings of Fact and a Mitigation Monitoring and Reporting Program for the Santa Cruz Wharf Master Plan and approving the revised Wharf Master Plan under California Environmental Quality Act (CEQA), with the following amendments:

Title:

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ

ADOPTING FINDINGS OF FACT AND A MITIGATION MONITORING AND

REPORTING PROGRAM FOR THE REVISED SANTA CRUZ WHARF MASTER

PLAN AND APPROVING THE REVISED WHARF MASTER PLAN
January 9, 2024 CITY COUNCIL MINUTES 6688
General Business (continued)

27. Revised Santa Cruz Wharf Master Plan and Environmental Determination (ED/PL/PR) (continued)
MOTION (continued:

Page 4 ends

WHEREAS, the City Council finds that the record, including the entire EIR, public comments, staff presentations, Wharf Master Plan and Engineering Report, and archival information shows a long history of infrastructure damage resulting from waves and debris, together with increased risk from climate change impacts. Project engineers have recommended improving Wharf resilience through maintenance, lateral stabilization, and wave and debris impact attenuation from features like the Westside Walkway, among other efforts, based upon their extensive experience with a variety of approaches to coastal infrastructure. The record therefore supports the determination that proposed Wharf Master Plan improvements, as a whole and including the Westside Walkway are needed to wrap the existing Wharf in a protective layer of new infrastructure that will reduce risks to public health, safety, and economic activity, while also expanding access and recreational uses, consistent with the project objectives;

Page 5 ends

WHEREAS, the City Council has determined, based on the reasons and substantial evidence set forth in the Findings of Fact, that none of the alternatives addressed in the Recirculated Final EIR are feasible and environmentally superior to the Project, and that Alternative 2, the alternative determined to be environmentally superior in the Draft EIR, is also not feasible based on the Findings set forth below and in Exhibit A; and
WHEREAS, the City Council finds, in the exercise of its inherent discretion to weigh and balance project objectives and policy and planning goals for the City, that while Alternative 2 would reduce potential biological impacts resulting from construction, the exclusion of the Westside Walkway in this alternative would not meet the project objectives of expanded public access, enhanced pedestrian environment and recreational opportunities, and public safety as well as the proposed Project would; specifically, that elimination of the Westside Walkway would not expand pedestrian access to
circumnavigate the Wharf, nor provide a defensive barrier to disrupt waves and intercept debris, nor enhance public safety through increased emergency and fire response access, nor expand maritime and January 9, 2024 CITY COUNCIL MINUTES 6689
General Business (continued)

27. Revised Santa Cruz Wharf Master Plan and Environmental Determination (ED/PL/PR) (continued)
MOTION (continued):
recreational uses to the westside of the Wharf, nor protect property, jobs, and economic livelihood provided by Wharf businesses, and as such, for any of these reasons individually or all of them cumulatively, the City Council determines that Alternative 2 is not feasible; and WHEREAS, the City Council finds that, due to the facts that public opposition to the proposed project has centered largely on objections to the Westside Walkway, and the City currently has no funding for the further engineering and construction of the Westside Walkway, further technical study of possible alternative options for achieving the project objectives, defensive barrier function, recreation, protection of economic activities, and public safety and access goals that would be served by the Westside Walkway should be conducted; and WHEREAS, the City Council determines, based on the reasons and substantial evidence set forth in the Findings of Fact that the No Project Alternative and Alternative 1 are infeasible, but that Alternative 2, which removes the Westside Walkway, is feasible, when compared to continued delay of the full project due to opposition to the Walkway, although it would not satisfy all project objectives; and  Adopt the revised Santa Cruz Wharf Master Plan, with the alternative chapter for end of Wharf development and all references of the Landmark Building removed, plus additional revisions recommended in this report, approving Alternative 2 of the Revised EIR (Project eliminating Westside Walkway, and reducing the height and size of the new public use buildings to 40’ maximum height plus 5 to 10% reduced footprint), directing staff to make conforming changes to the Wharf Master Plan consistent with Council’s approval, directing staff to obtain additional technical studies of options to improve the resiliency of the Wharf to climate change and wave damage and return to Council with recommendations from the studies; and  Direct staff to prepare a Public Works Plan with the California Coastal Commission (CCC) for implementation of the Wharf Master Plan.

January 9, 2024 CITY COUNCIL MINUTES 6690
General Business (continued)

27. Revised Santa Cruz Wharf Master Plan and Environmental Determination (ED/PL/PR) (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.

28. An Ordinance Amending Chapter 5.11 – Delivery Driver Tipping at Section

5.11.030 - Exceptions (CA)
City Attorney T. Condotti spoke.

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 introduce for publication Ordinance No. 2024-02 amending Chapter

5.11 – Delivery Driver Tipping at Section 5.11.020 “Tipping Option Requirement” and 5.11.030 “Exceptions” pertaining to delivery driver tipping.

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.

Recess - The City Council recessed at 3:49 p.m. until 5:00 p.m.

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Council reconvened at 5:06 p.m. and Mayor Keeley called the meeting to order in Council Chambers.

Roll Call

Present: Councilmembers Newsome, Brown (arrived at 5:07 p.m. after roll call), Watkins, Brunner, Kalantari-Johnson; Vice Mayor Golder; Mayor Keeley.

Absent: None.

Staff: City Manager M. Huffaker, City Attorney T. Condotti, Deputy City Clerk Administrator J. Wood, City Clerk Administrator B. Bush.

General Business

29. Resolution Affirming Santa Cruz’s Commitment and Support for Ceasefire and Peace (CN)
Councilmembers Brunner and Brown spoke.

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

Ros Shorenstein
Joe
Ihlam
Al Burgan
Rabbi Paula Marcus
Shani
Sylvie Stein
Teddy
Tam Welch
Sadia
Eric Stats
Miranda
Sheila Carrillo
Julia
Ani
Maria Walsh
John Jackson
Stephen David Engel
Kai
Kayla Kumar
Hart Faye
Sandra Shamma
Mila Gillich
January 9, 2024 CITY COUNCIL MINUTES 6692
General Business (continued)