Minutes — Santa Cruz City Council, June 11, 2024

Approved at the June 25, 2024 City Council Meeting
City of Santa Cruz
809 Center Street
Santa Cruz, California 95060

MINUTES OF A CITY COUNCIL MEETING
June 11, 2024
1:00 PM
Mayor Keeley opened the City Council Closed Session at 1:02 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, Deputy City Clerk Administrator J. Wood, City Clerk Administrator B. Bush.

Statements of Disqualification – None.

Public Comment
Mayor Keeley opened the public comment period at 1:03 p.m. There were no speakers. Mayor Keeley closed the public comment period at 1:04 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) Claimant: Jose Ruelas
Claim against the City of Santa Cruz
Council received a status report, took up under agenda item 11, and no reportable action was taken.

June 11, 2024 CITY COUNCIL MINUTES 6863
Closed Session (continued)

2. Conference with Legal Counsel – Anticipated Litigation (Government Code §54956.9(d)(2))
Significant exposure to litigation (one potential case to be discussed) Council received a status report, and took no reportable action.

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

MINUTES OF A CITY COUNCIL MEETING
June 11, 2024
1:30 PM
Call to Order – Mayor Keeley called the meeting to order at 1:32 p.m. in Council Chambers.

Roll Call

Present: Councilmembers Newsome, Brown, Watkins (arrived at 1:33 p.m. after roll call), Brunner, Kalantari-Johnson; Vice Mayor Golder; Mayor Keeley.

Absent: None.

Staff: City Manager M. Huffaker, City Attorney T. Condotti, Assistant City Manager L. Schmidt, Chief of Fire R. Oatey, Director of Economic Development and Housing B. Lipscomb, Director of Finance E. Cabell (via Zoom), Director of Water H. Luckenbach, Director of Information Technology K. Morgan, Director of Planning and Community Development L. Butler, Chief People Officer S. De Leon, Director of Parks and Recreation T. Elliot, Sustainability and Climate Resiliency Officer T. Wise-West, Deputy City Attorney S. Humy, Finance Manager T. Cole, 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 1:33 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-Whitman spoke regarding military frequency weapons in civilian territory, and meeting new Park Rangers.

Garrett spoke regarding the budget hearing at the previous meeting.

At 1:36 p.m. Mayor Keeley closed Oral Communications.

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Presentations

3. Central Coast Community Energy Annual Update
Catherine Stedman, Chief Communications Officer with Central Coast Community Energy, provided the membership annual update and responded to Council questions.

4. Mayoral Proclamation Declaring June 2024 as National Elder Abuse Awareness Month and June 15, 2024 as World Elder Abuse Awareness Day Mayor Keeley presented a proclamation declaring June 2024 as National Elder Abuse Awareness Month and June 15, 2024 as World Elder Abuse Awareness Day to Gabriel Barraza, Senior Adult Protective Services Social Worker.

Presiding Officer's Announcements
Statements of Disqualification – Councilmember Brunner announced she is recusing herself from items 18 and 19 as it relates to her employer.

Additions and Deletions – None.

City Attorney Report on Closed Session – See page 6863 for the report.

Council Meeting Calendar

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

City Clerk Administrator B. Bush reminded Council about the joint Study Session with the Planning Commission on June 18, 2024.

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Consent Agenda
Councilmember Brown made a comment on items 7, 8, and 17.

Councilmember Watkins made a comment on items 7 and 8, requesting to amend the motion language for item 8 to include the following:
 Following the adoption of the State budget, direct staff to return with options for continuing the City’s support of the Market Match Program in partnership with the Santa Cruz Farmers’ Market.

Councilmember Kalantari-Johnson made a comment on items 7 and 8.

Councilmember Brunner made a comment on items 8 and 10.

Mayor Keeley made a comment on item 7.

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

Rachel Dann spoke regarding item 7.

Mayor Keeley closed the public comment period.

MOTION: Vice Mayor Golder moved, seconded by Councilmember Watkins, 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.

6. Minutes of the May 28, 2024 City Council Meeting (CC) Motion carried to approve as submitted.

7. Support for the Santa Cruz County Water and Wildfire Protection Act (CN) Resolution No. NS-30,342 was adopted expressing the Santa Cruz City Council’s support for the Santa Cruz County Water and Wildfire Protection Act (WWPA).

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Consent Agenda (continued)

8. Resolution Opposing the Governor’s Proposal to Cut Funds from the Market Match Program (EDH/CN)
Motion carried to:
 Adopt Resolution No. NS-30,343 opposing the Governor’s proposal to cut $33.2 million of the $35 million budget for the Market Match Program and urging the Governor to maintain all safety net programs, including the California Nutrition Incentive Program (CNIP) in the state budget; and  Direct staff to return with options for continuing the City’s support of the Market Match Program in partnership with the Santa Cruz Farmers’ Market following the adoption of the State’s budget.

9. Exempt Surplus Land Declaration for Property owned by the City of Santa Cruz, located at the Northwest Corner of Mount Hermon Road and Kings Village Road in the City of Scotts Valley, aka Skypark, APNs 022-721-07, 022-721-08, and 022-721-09 (EDH)
Resolution No. NS-30,344 was adopted declaring the City-owned property located at the Northwest Corner of Mount Hermon Road and Kings Village Road in the City of Scotts Valley, aka Skypark, APNs 022-721-07, 022-721-08, and 022-721-09 as exempt surplus land under the Surplus Lands Act and may be sold to the City of Scotts Valley for its agency use.

10. Second Amendment to Graffiti Abatement Services Agreement with Graffiti Protective Coatings, Inc. (EDH)
Motion carried to authorize the City Manager to execute the Second Amendment to Professional Services Agreement with Graffiti Protective Coatings, Inc., extending services through FY 2025 in an amount of $147,688.

11. Liability Claim Filed Against the City of Santa Cruz (FN) Motion carried to reject the liability claim of Jose Ruelas, based on staff recommendation.

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Consent Agenda (continued)

12. Lewis Tree Service Contract Change Order (41-24062) (PR) Motion carried to approve the Lewis Tree Service contract change order for emergency tree service work related to the FY 2024 winter storms (Contract number: 41-24062).

13. Award Contract for Groundsmaster 5900 Large Area Mower (PR) Motion carried to award a contract for the purchase of a Toro Groundsmaster 5900 Large Area Mower to Turf Star Western in the amount of $146,559.00.

14. 2024 Pavement Rehabilitation Project (c400809) – Authorization to Advertise and Award (PW)
This item was continued to June 25, 2024 and was not discussed.

15. Wastewater Treatment Facility Gravity Thickener No. 2 Upgrade (c401706) – Notice of Completion (PW)
Motion carried to accept the work of Fluid Resource Management (Arroyo Grande, CA) as completed per plans and specifications and authorize the filing of the Notice of Completion for the Wastewater Treatment Facility Gravity Thickener No. 2 Upgrade (c401706).

16. Centrifuge Control Panel Improvement Project (m409659) – Notice of Completion (PW)
Motion carried to accept the work of Separator Technology Solutions (San Leandro, CA) and authorize the filling of the Notice of Completion for the Centrifuge Control Panel Improvement Project (m409659).

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Consent Agenda (continued)

17. Emergency Temporary Flare Installation Project at the Resource Recovery Facility (c401909) – Authorization to Ratify Purchase Orders Related to Emergency Project (PW)
Motion carried to ratify purchase orders related to the emergency temporary flare installation project with:
 LFG Specialties, LLC (Boston Rouge, LA) to deliver, install, and lease a temporary flare to the City of Santa Cruz at the Resource Recovery Facility in the amount of $160,685.00;
 Cupertino Electric Inc (San Jose, CA) to perform electrical work necessary to supply power to a temporary flare at the Resource Recovery Facility in the amount of $130,658.00; and
 Tetra Tech BAS (Diamond Bar, CA) to construct the flare skid pad and pipe connection in the amount of $252,371.00 in a form approved by the City Attorney. The Public Works Director is authorized to execute change orders within the approved project budget.

End Consent Agenda
At this time, Councilmember Brunner recused herself and left the dais.

Consent Public Hearings
Mayor Keeley opened the public comment period. There were no speakers. Mayor Keeley closed the public comment period.

MOTION: Councilmember Newsome moved, seconded by Councilmember Kalantari-Johnson, to approve the Consent Public Hearing Agenda.

ACTION: The motion carried with the following vote.

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

NOES: None.

ABSENT: None.

DISQUALIFIED: Councilmember Brunner.

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Consent Public Hearings (continued)

18. Downtown Association: Parking and Business Improvement Area Assessments for FY 2025 (EDH)
Resolution No. NS-30,345 was adopted confirming the Parking and Business Improvement Area FY 2025 Plan prepared by the Downtown Association and levying the Parking and Business Improvement Area Assessments for FY 2025.

19. Cooperative Retail Management Business Real Property Improvement District Assessments for FY 2025 (EDH)
Resolution No. NS-30,346 was adopted confirming the Cooperative Retail Management Business Real Property Improvement District Annual Plan FY 2025 and levying Cooperative Retail Management Business Real Property Improvement District Assessments for FY 2025.

At this time, Councilmember Brunner returned to the dais.

General Business

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

Unidentified person
Garrett
Ken Foster
Carol Wilhelmy
Ron Goodman
Brett Garrett
Susan Kauffman
Mayor Keeley closed the public comment period.

Deputy City Attorney S. Humy responded to Council questions.

June 11, 2024 CITY COUNCIL MINUTES 6871
General Business (continued)

20. First Reading of An Ordinance to Add Chapter 6.110 – 6.110.070 to Title 6, Health and Sanitation, of the Santa Cruz Municipal Code to Prohibit the Use of Gas-Powered Leaf Blowers Citywide (CM) (continued)
MOTION: Councilmember Kalantari-Johnson moved, seconded by Councilmember Watkins, to:
 Introduce for publication Ordinance No. 2024-10 entitled “Prohibition of Gas-Powered Leaf Blowers” to add Chapter 6.110 – 6.110.070 to Title 6, Health and Sanitation, of the Santa Cruz Municipal Code (SCMC) to prohibit the use of gas-powered leaf blowers Citywide. The California Environmental Quality Act (CEQA) determination: This ordinance is consistent with the Negative Declaration approved for the City of Santa Cruz Climate Action Plan 2030 adopted by City Council on September 13, 2022. The ordinance is also exempt from CEQA under the “common sense” exemption, 15061(b)(3) and per CEQA Guidelines Section 15308, Class 8, Actions by Regulatory Agencies for Protection of the Environment, with the following amendments to Section 6.110.050 Exemptions:

FROM:
“1.This section shall not apply to the maintenance of parcels of ten (10) acres or more.

2. This section shall not apply to the maintenance of the designated parks and open spaces listed here: Arana Gulch, Arroyo Seco, DeLaveaga Park, Depot Park, Harvey West Park, Main Beach, Moore Creek Preserve, Neary Lagoon, Pogonip, San Lorenzo Park, Rail Trail, University Terrace Park, Riverwalk, and West Cliff.

TO:
“This chapter shall not apply to:

1. The maintenance of parcels of ten (10) acres or more. Parcels owned or maintained by homeowners’ associations that, in the aggregate, are ten (10) acres or more shall not be exempt from this chapter.

2. The maintenance of the designated parks, greenways, and open spaces listed here: DeLaveaga Park, Depot Park, Harvey West Park, Neary Lagoon, San Lorenzo Park, Rail Trail, University Terrace Park, Riverwalk, and West Cliff.

3. Use of gas-powered leaf blowers is exempt from this section when utilized by or at the direction of emergency responders for the purposes of responding to an emergency, or necessary to restore, preserve, protect, or save lives or property from imminent danger of loss or harm.”
 Direct staff to pursue funding opportunities to provide financial assistance to City residents and small businesses to transition to electric-powered leaf blowers; and
 Phase out the acreage exemption within 2—3 years of implementation of the ordinance.

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.

Staff Assignment:

Councilmember Brown requested to track where the complaints are coming from, if it’s landscaping companies, or homeowners themselves.

June 11, 2024 CITY COUNCIL MINUTES 6873
General Business (continued)

21. Budget Adoption

21.1 Fiscal Year 2025 Proposed Budget Adoption (FN)

21.2 Resolution Amending the City of Santa Cruz Personnel Complement and Classification and Compensation Plans for the Public Works, City Manager’s Office, Finance, Parks and Recreation, Water, Economic Development and Housing, Information Technology, Police, Human Resources, and the Library (HR)
Finance Manager T. Cole gave a presentation and responded to Council questions.

Director of Planning and Community Development L. Butler, City Manager M.

Huffaker, and Chief of Fire R. Oatey responded to Council questions.

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-30,347 adopting the Fiscal Year (FY) 2025 Budget including the Capital Investment Program (CIP), effective July 1, 2024; authorize the City Manager to allocate within the applicable funds the FY 2025 Schedule of Administrative Budget Changes to the appropriate accounting classifications and to approve related and applicable transfer in/out between funds; and authorize the Finance Director to create additional appropriations to provide for commitments carried over from the prior fiscal year, including contract and purchase order encumbrances and unexpended project balances, so long as there is a sufficient fund balance to finance these commitments; and
 Accept the Water Commission’s recommendations regarding the Water Department’s FY 2025 Operating and Capital Investment Program (CIP); and  Adopt Resolution No. NS-30,348 amending the Classification and Compensation Plans for the FY 2025 budget personnel complement by implementing the approved FY 2025 budget/position changes in several departments.

June 11, 2024 CITY COUNCIL MINUTES 6874
General Business (continued)

21. Budget Adoption

21.1 Fiscal Year 2025 Proposed Budget Adoption (FN) (continued)

21.2 Resolution Amending the City of Santa Cruz Personnel Complement and Classification and Compensation Plans for the Public Works, City Manager’s Office, Finance, Parks and Recreation, Water, Economic Development and Housing, Information Technology, Police, Human Resources, and the Library (HR) (continued)
FRIENDLY AMENDMENT: Councilmember Brunner requested to include direction to bring back an option to move forward with ordering a fire apparatus within 3—6 months. Councilmember Brown accepted.

ACTION: The motion carried unanimously with the following vote.

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

NOES: None.

ABSENT: None.

DISQUALIFIED: None.

Adjournment – Vice Mayor Golder moved, seconded by Councilmember Brown, to adjourn. By consensus City Council adjourned at 3:38 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 CouncilJune 11, 2024

Santa Cruz City Council
June 11, 2024