Minutes — Santa Cruz City Council, April 9, 2024

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

MINUTES OF A CITY COUNCIL MEETING
April 9, 2024
11:00 AM
Mayor Keeley opened the City Council Closed Session at 11:03 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, City Attorney T. Condotti, Director of Economic Development and Housing B.

Lipscomb, Deputy City Clerk Administrator J. Wood, City Clerk Administrator B. Bush.

Statements of Disqualification – None.

City Attorney T. Condotti announced Council received a letter from attorney Gavin Kogan relating to item #21 on the open session agenda, expressly threatening litigation against the City and asked the Council to add this as an item of subsequent need, as it was presented after the agenda was posted.

MOTION: Councilmember Watkins moved, seconded by Councilmember KalantariJohnson, to add the item of subsequent need to the Closed Session 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.

April 9, 2024 CITY COUNCIL MINUTES 6790
Public Comment
Mayor Keeley opened the public comment period at 11:05 a.m. There were no speakers. Mayor Keeley closed the public comment period at 11:05 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: Sally Ann Laine
2) Claimant: Mark S. Anderson
Claims against the City of Santa Cruz
Council received a status report, took up under agenda item 13, and no reportable action was taken.

2. Real Property Negotiations (Government Code §54956.8) Property: Approximately 8.15 acres located on Mount Hermon Road in Scotts Valley, CA
APNs: 022-721-07, 022-721-08, 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
Council received a status report from the City Negotiator, and no reportable action was taken.

3. Conference with Legal Counsel – Existing Litigation (Government Code §54956.9(d)(1))
Alicia Lopez v. Mary McCoy, et al.
(Santa Cruz County Superior Court Case No. 18CV03301)
Council received a status report, and no reportable action was taken.

April 9, 2024 CITY COUNCIL MINUTES 6791
Closed Session (continued)
Conference with Legal Counsel – Anticipated Litigation (Government Code §54956.9(d)(2))
Significant exposure to litigation (one potential case to be discussed) Council added as an item of subsequent need, received a status report, and no reportable action was taken.

April 9, 2024 CITY COUNCIL MINUTES 6792
City of Santa Cruz
809 Center Street
Santa Cruz, California 95060

MINUTES OF A CITY COUNCIL MEETING
April 9, 2024
11:45 AM
Call to Order – Mayor Keeley called the meeting to order at 12:11 p.m. in Council Chambers.

Roll Call

Present: Councilmembers Newsome, Brown, Watkins, Brunner, KalantariJohnson; Vice Mayor Golder; Mayor Keeley.

Absent: None.

Staff: City Manager M. Huffaker, Assistant City Manager L. Schmidt, City Attorney T. Condotti, Chief People Officer S. De Leon, Deputy City Manager L. Murphy, Director of Economic Development and Housing B.

Lipscomb, Director of Planning and Community Development L. Butler, Finance Director E. Cabell, Director of Public Works N. Nguyen, Director of Parks and Recreation T. Elliot, Director of Information Technology K.

Morgan, 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.

Oral Communications
At 12:11 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.

James Ewing spoke regarding the amount of community participation at the Council meeting.

Carol Polhamus spoke regarding the Shigella outbreak at Harvey West Park and the impacts it has had on local recreational groups.

April 9, 2024 CITY COUNCIL MINUTES 6793
Oral Communications (continued)
Unidentified person spoke regarding the combination fire station/regional public safety training center that is being proposed to be built at University California, Santa Cruz.

Unidentified person spoke regarding the combination fire station/regional public safety training center that is being proposed to be built at University California, Santa Cruz.

Unidentified person spoke regarding the nature of the online surveys such as the homelessness response survey, and the Cruz Hotel, which was discussed at the previous meeting.

Judi Grunstra spoke regarding the Pacific Cultural Center building, which is for sale, and would like the City to buy the property to keep it as a community hub. She additionally expressed dismay and betrayal at the clocktower project, and advised Council, as advocates for the City, to reign in the Planning Department.

At 12:21 p.m. Mayor Keeley closed Oral Communications.

Presentations

4. Mayoral Proclamation Declaring April 2024 as Sexual Assault Awareness Month Councilmember Kalantari-Johnson read from and presented a proclamation to members of the Commission for the Prevention of Violence Against Women declaring April 2024 as Sexual Assault Awareness Month.

5. Mayoral Proclamation Declaring April 2024 as Arts, Culture, and Creativity Month
Councilmember Brunner read from and presented a proclamation declaring April 2024 as Arts, Culture, and Creativity Month. Ami Davis, Development Director with Santa Cruz County Arts Council, spoke.

6. Mayoral Proclamation Declaring April 14, 2024 as Senderos Vive Oaxaca Day Councilmembers Brown and Watkins read from and presented a proclamation declaring April 14, 2024 as Senderos Vive Oaxaca Day.

April 9, 2024 CITY COUNCIL MINUTES 6794
Presiding Officer's Announcements
Statements of Disqualification – None.

Additions and Deletions – None.

City Attorney Report on Closed Session – See pages 6790—6791 for the report.

Council Meeting Calendar

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

City Clerk Administrator B. Bush reminded Council of the date change for the next regular Council meeting, which will be April 30th.

Consent Agenda
Councilmember Brunner made a comment on items 11 and 14.

Councilmember Kalantari-Johnson made a comment on items 12 and 14.

Vice Mayor Golder made a comment on item 15.

Councilmember Watkins made a comment on item 10.

Councilmember Brown made a comment on item 14 and pulled item 12 for further discussion.

Councilmember Newsome made a comment on item 12.

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

Unidentified person spoke regarding item 13.

James Ewing-Whitman spoke regarding items 10, 11, and 18.

Mayor Keeley closed the public comment period.

April 9, 2024 CITY COUNCIL MINUTES 6795
Consent Agenda (continued)
MOTION: Councilmember Watkins moved, seconded by Vice Mayor Golder, 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.

8. Resolution Extending the Emergency Declaration in Connection with the December 2023 and January and February 2024 Winter Storms (CA/CM) Resolution No. NS-30,311 was adopted extending by sixty days the Local Emergency Declaration in connection with the December 2023 and January and February 2024 winter storms.

9. Minutes of the March 26, 2024 City Council Meeting (CC) Motion carried to approve as submitted.

10. Commission for the Prevention of Violence Against Women Appointment (CC) Motion carried to approve Councilmember Watkins’ nomination of Courtney Barrett to the Commission for the Prevention of Violence Against Women.

11. Certification of the March 5, 2024 Primary Election (CC) Resolution No. NS-30,312 was adopted confirming and approving the canvass of ballots and returns for the City of Santa Cruz Primary Election held on March 5, 2024, and declaring the results.

April 9, 2024 CITY COUNCIL MINUTES 6796
Consent Agenda (continued)

12. Resolution Authorizing Staff to Work with City's Municipal Advisor to Secure Financing of $20M for Construction of the Parking Garage Component of the Downtown Library Affordable Housing Project (DLAHP) and Direct Staff to Assist the Affordable Housing Developer Partner with its California Tax Credit Allocation Request Application (EDH/FN/PW)
Director of Economic Development and Housing B. Lipscomb responded to Council questions.

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

Matt Farrell
Mayor Keeley closed the public comment period.

MOTION: Councilmember Brown moved, seconded by Councilmember Brunner, to:
 Adopt Resolution No. NS-30,313 authorizing staff to work with the City’s Municipal Advisor to secure financing for the estimated total capital need of $20M, and
 Direct staff to assist the affordable housing developer partner with its California Tax Credit Allocation Committee for their request for the LowIncome Housing Tax Credit Program by providing letters of funding commitments as needed, including the parking garage component.

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.

13. Liability Claims Filed Against the City of Santa Cruz (FN) Motion carried to reject the liability claims of 1) Sally Ann Laine and 2) Mark S. Anderson, based on staff recommendation.

April 9, 2024 CITY COUNCIL MINUTES 6797
Consent Agenda (continued)

14. Naming of San Lorenzo Park Lawn Bowling Green (PR)
Motion carried to officially name the lawn bowling green in San Lorenzo Park the “Harry Schoenfeld Bowling Green.”

15. 733 River Street (former River Street Shelter Site) Demolition and Paving – Authorization of Work (PW/CM)
Motion carried to approve post-demolition paving work of the City-owned parcel at 733 River Street (former River Street Shelter) through a purchase order with Atlantis Paving in the amount of $121,906. The Public Works Director is authorized to execute change orders within the approved project budget.

16. Recycling Center Storm Water Treatment System Project - Request for Proposals and Authorization to Advertise and Award (PW) Motion carried to approve the plans and specifications, authorize staff to advertise and award a Request for Proposals (RFP) for Design, Build, and Maintenance Services for the Recycling Center Storm Water Treatment System Project (c402111). The City Manager is hereby authorized and directed to execute the contract in a form approved by the City Attorney, as authorized by Resolution No. NS-27,563. The Public Works Director is authorized to execute change orders within the approved project budget.

17. Resource Recovery Facility Tank Pad Installation Project (c402111) – Authorization to Advertise and Award (PW)
Motion carried to approve the plans and specifications for the Resource Recovery Facility Tank Pad Installation Project (c402111), authorize staff to advertise for bids, and award the contract. The City Manager is hereby authorized and directed to execute the contract in a form approved by the City Attorney, and as authorized by Resolution No. NS-27,563. The Director of Public Works is authorized to execute change orders within the approved project budget.

April 9, 2024 CITY COUNCIL MINUTES 6798
Consent Agenda (continued)

18. Wastewater Treatment Facility Headworks Rehabilitation (c402204) – Authorization to Advertise and Award Contract (PW)
Motion carried to approve the plans and specifications for the Wastewater Treatment Facility Headworks Rehabilitation (c402204), authorize staff to advertise for bids, and award the contract. The City Manager is hereby authorized and directed to execute the contract in a form approved by the City Attorney, and as authorized by Resolution No. NS-27,563. The Director of Public Works is authorized to execute change orders within the approved project budget.

End Consent Agenda
General Business

19. CalPERS Contract Amendment (HR)
Chief People Officer S. De Leon 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 Vice Mayor Golder, to:
 Adopt Resolution No. NS-30,314 declaring the Council’s 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. 2024-08 approving an amendment to the contract between the Board of Administration and California Public Employees' Retirement System (CalPERS) to provide a new local ocean beach lifeguard member category 2.7% at 57 full formula and Fourth Level of 1959 Survivor Benefits with 0% prior service.

April 9, 2024 CITY COUNCIL MINUTES 6799
General Business (continued)

19. CalPERS Contract Amendment (HR) (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.

Council took a break at 1:04 p.m. and returned at 1:12 p.m.

20. West Cliff 50-year Vision, Grant Application for West Cliff Dr. Pilot (including One-way Vehicle with Dedicated Bike and Pedestrian Lanes), and Lighthouse Point Study (CM/PW)
Assistant City Manager L. Schmidt, Emily Goodman, Senior Principal with EMC Research, Michael McCormick, President with Farallon Strategies, Director of Public Works N. Nguyen, 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.

Glenn Seiler
Scott Goldbeck
Don Iglesias
Garrett
Nancy Steward
Craig James
Cathy Stefanki
John
Trynt
Rachel Kippen
Unidentified person
Theo Kell
Unidentified person
Madie Ortenblad
Richard Schmidt
Nairi Azaryan
Nacho Lopez
April 9, 2024 CITY COUNCIL MINUTES 6800
General Business (continued)

Bradley Snyder
Tom Powers
Tawn Kennedy
Chris
Phil Barnes
Unidentified person
Pete Kennedy
Anthony Ruffo
Aaron
Lauren Wills
Unidentified person
Adam Lazor
Unidentified person
Unidentified person
Emma
Bodie Shargel
Steve Johnson
Chloe Ortiz
Russ Smyth
Amelia Conlan
Kevin Collins
Piet Canin
Sean
Debra Elston
Susan Hoffman
Al Ramadan
Zee Haas
Lola Quiroga
Stephen Svete
Gina Golena Cole
Robert Mauriello
Bob Pearson
Chip Stanton
Gavin Roth
Nicolas Robles
Gillian Greensite
April 9, 2024 CITY COUNCIL MINUTES 6801
General Business (continued)

Unidentified person
Kim Stoner
Brooke Secor
[Unintelligible name]
Brian Waters
Mike Jolson
Elliot
Unidentified person
Chad Underhill
Mayor Keeley closed the public comment period.

MOTION: Councilmember Kalantari-Johnson moved, seconded by Vice Mayor Golder, to:
1) Adopt the 50-year vision, with the following amendments, and any other necessary edits to clarify that adoption of the 50-Year vision and application for grant funding do not commit the City to implementation of one-way traffic on West Cliff without further Council action:
 page 5: Access and Traffic
To address the balance required to provide access while working with nature, the City will protect critical infrastructure while considering implementing separate pedestrian and bicycle lanes, and one-way vehicle access along West Cliff Drive supported by traffic control measures in the surrounding neighborhood. Based upon the data gathered in the last eight months of community engagement, the City will prioritize will explore separated pedestrian and bicycle access over other forms of access along West Cliff. Without private property acquisition, separated pedestrian and bicycle lanes are not feasible while maintaining two-way vehicle traffic.

April 9, 2024 CITY COUNCIL MINUTES 6802
General Business (continued)

To address the balance required to provide access while working with nature, the City will protect the most vulnerable areas to allow the City to maintain critical facilities while considering implementing separate pedestrian and bicycle paths, and may consider one-way vehicle access along West Cliff supported by neighborhood traffic control measures.

While implementing these near-term priorities, the City is committed to exploring and developing additional management options for West Cliff to lessen the impacts of erosion, such as living shorelines or naturebased solutions, limited engineered natural feature restoration and planned relocation.
 page 15:

One-way Vehicle Access and Additional Traffic Control; To create the space required to prioritize separated pedestrian and bicycle access, the City may consider a pilot program to explore a transition from twoway vehicle traffic along West Cliff Drive to one-way westbound vehicle traffic. This will allow additional space to create separated pedestrian and bicycle and lanes. The City will manage these new movement and parking patterns by installing additional traffic control measures and working with surrounding neighborhoods on the most appropriate methods to reduce traffic impacts. Without private property acquisition at significant expense to the City, separated pedestrian and bicycle lanes, while maintaining two-way vehicle traffic, is not feasible. The City will also explore options of a shuttle service to West Cliff or expanding off-site parking to encourage active transportation.  Add a 10th pillar of “Consider the safety and quality of life of the neighborhoods abutting West Cliff Drive.”
2) Direct staff to work with a Council Ad Hoc Committee consisting of Mayor Keeley, Vice Mayor Golder, and Councilmember Kalantari-Johnson to develop recommendations on organizational models (including charters with scope, membership, terms of service) for:
a. West Cliff 50-year Implementation Committee, and
April 9, 2024 CITY COUNCIL MINUTES 6803
General Business (continued)

20. West Cliff 50-year Vision, Grant Application for West Cliff Dr. Pilot (including One-way Vehicle with Dedicated Bike and Pedestrian Lanes), and Lighthouse Point Study (CM/PW) (continued)
MOTION (continued):
b. An advisory body to the Council to provide overall Climate and Resilience policy direction.
3) Direct staff to return to Council by the end of the 2024 calendar year with the following (in conjunction with the West Cliff Implementation Committee):
a. Implementation priorities for the first 10-Year Roadmap period including any readiness actions and financing plan that should be part of the first 10-Year implementation period.
b. Answer key questions regarding one way including:
i.How much clifftop space do we have and how much do we need to meet our collective needs?
ii. What are the likely impacts on local neighborhoods of new configurations?
iii. Beyond the local neighborhood, where would traffic get routed and what impacts would it have on our City?
c. Outline neighborhood engagement commitments for informing the community about any findings related to the above questions. 4) After the initial update (by the end of this calendar year), provide biannual updates to council and the community on cross-agency activities and implementation of the roadmap; and
5) Direct staff to complete a geologic hazard analysis and preliminary engineering study for Lighthouse Point.

April 9, 2024 CITY COUNCIL MINUTES 6804
General Business (continued)

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

NOES: None.

ABSENT: None.

DISQUALIFIED: None.

Council took a break at 5:42 p.m. and returned at 6:01 p.m.

21. Emergency Ordinance Imposing a Temporary Moratorium on the Establishment of New Commercial Cannabis Businesses in the City of Santa Cruz (CN) Mayor Keeley spoke.

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

James Ewing-Whitman
Zoey Carter
Unidentified person
Kyle Giorchino
William Sump
Grant Palmer
Emily Cervantes
Suzanne Woke
Arturo Ayala
Robin Bass
Bayley Logan
Unidentified person
Pat Malo
Gavin Kogan
Unidentified person
Bradley Snyder
Brad Palmer
Mayor Keeley closed the public comment period.

April 9, 2024 CITY COUNCIL MINUTES 6805
General Business (continued)

21. Emergency Ordinance Imposing a Temporary Moratorium on the Establishment of New Commercial Cannabis Businesses in the City of Santa Cruz (CN) (continued)
MOTION: Vice Mayor Golder moved, seconded by Councilmember Newsome, to adopt Temporary Emergency Ordinance No. 2024-09, with the following amendments, to protect health, safety, and welfare by preventing the establishment of new cannabis businesses in the City of Santa Cruz to provide an opportunity to examine the City’s current system of licensing and permitting cannabis-related businesses and consider potential amendments to that system.

Section 1:

In accordance with Government Code Section 65858, from and after the date of this Ordinance, a moratorium against the establishment of any new commercial cannabis business, or the issuance of any new administrative use permit, building permit, variance or any other applicable land use entitlement for such business, is hereby enacted for a period of 35 45 days pending further study by City Council and staff and development of appropriate regulations. This moratorium shall apply to any use which has not yet been lawfully established in accordance will all applicable requirements of the City of Santa Cruz Municipal Code including, but not limited to, Part 14 – Commercial Medical and Adult Use Cannabis Regulations of Chapter 24.12 – Community Design of Title 24 – Zoning of the City of Santa Cruz Municipal Code, and which has not yet obtained substantial vested rights as defined by the California Supreme Court in Avco Community Developers, Inc. v. South Coast Regional Com. (1976) 17 Cal.3d 785. Except for those commercial cannabis businesses currently operating, with active state licenses, and with City of Santa Cruz Planning and Community Development Department Zoning Permits, including Administrative Use Permits which have progressed past the appeal threshold.

Section 4:

This interim ordinance shall be of no further force and effect upon the expiration 35 45 days after the date of adoption, unless extended in accordance with Government Code Section 65858.

After discussion, Vice Mayor Golder withdrew the motion.

April 9, 2024 CITY COUNCIL MINUTES 6806
General Business (continued)

21. Emergency Ordinance Imposing a Temporary Moratorium on the Establishment of New Commercial Cannabis Businesses in the City of Santa Cruz (CN) (continued)
MOTION: Councilmember Kalantari-Johnson moved, seconded by Vice Mayor Golder, to approve the creation of an ad hoc committee, appointed by the Mayor, consisting of Councilmembers Kalantari-Johnson and Watkins, and Mayor Keeley, to return to Council within 45 days to report on taxation, licensing, safety, and permitting cannabis-related businesses and consider potential amendments to that system.

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 – Councilmember Brown moved, seconded by Vice Mayor Golder, to adjourn. By consensus City Council adjourned at 7:20 p.m.

RESPECTFULLY SUBMITTED: ss/Julia Wood, Deputy City Clerk Administrator, ATTEST: ss/Bonnie Bush, City Clerk Administrator, APPROVED: ss/Fred Keeley, Mayor.

Santa Cruz City CouncilApril 9, 2024

Santa Cruz City Council
April 9, 2024