Approved at the August 27, 2024 City Council Meeting
City of Santa Cruz
809 Center Street
Santa Cruz, California 95060
MINUTES OF A CITY COUNCIL MEETING
August 13, 2024
1:30 PM
Mayor Keeley opened the City Council Closed Session at 1:31 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, 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 1:32 p.m. There were no speakers. Mayor Keeley closed the public comment period at 1:32 p.m., at which time the meeting was closed to the public and Council adjourned to the Courtyard Conference Room.
August 13, 2024 CITY COUNCIL MINUTES 6904
Closed Session
1. Conference with Legal Counsel – Liability Claims (Government Code §54956.95) 1) Claimant: Viet Huong Vo
2) Claimant: Geico Insurance Company
Claims against the City of Santa Cruz
Council received a status report, took up under agenda item 14, and no reportable action was taken.
2. Real Property Negotiations (Government Code §54956.8) Property: 37 Municipal Wharf
APN: 007-341-03
Owner: Stagnaro Fish Corporation (c/o Dino Stagnaro) dba Gilda’s City Negotiator: Bonnie Lipscomb
Negotiating Parties: City of Santa Cruz and Stagnaro Fish Corporation Under Negotiation: Price, terms of payment, or both
Council received a status report from the City Negotiator, gave direction, and no reportable action was taken.
3. Conference with Legal Counsel – Anticipated Litigation (Government Code §54956.9(d)(4))
Initiation of litigation (one potential case to be discussed) Council received a status report, gave direction, and took no reportable action.
4. 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.
August 13, 2024 CITY COUNCIL MINUTES 6905
City of Santa Cruz
809 Center Street
Santa Cruz, California 95060
MINUTES OF A CITY COUNCIL MEETING
August 13, 2024
3:15 PM
Call to Order – Mayor Keeley called the meeting to order at 3:16 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, City Attorney T. Condotti, Director of Planning and Community Development L. Butler, Director of Public Works N. Nguyen, Director of Parks and Recreation T. Elliot, Director of Water H. Luckenbach, Director of Economic Development B. Lipscomb, Director of Finance E. Cabell (via Zoom), Director of Information Technology K. Morgan (via Zoom), Deputy Assistant Manager L. Murphy (via Zoom), Chief of Police B. Escalante (via Zoom), Chief of Fire R.
Oatey (via Zoom), Senior Planner S. Neuse, Senior Planner C. Stanger, Economic Development Manager R. Unitt, 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 3:18 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.
Laura Chatham read from a letter from the Mental Health Advisory Board to the Board of Supervisors regarding homelessness.
Unidentified person spoke regarding e-bike safety and lights not changing when he is on the road.
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Oral Communications (continued)
Unidentified person spoke regarding the unexpected death of a previous Councilmember’s spouse, the AI-generated building the media published, and low-income housing.
Garrett spoke regarding electrification as discussed at a previous meeting, particularly historic building codes in contrast to what is being presently proposed, and feels Council is bordering on unconstitutional moving forward with electrification.
Unidentified person read from a letter from the Mental Health Advisory Board to the Board of Supervisors regarding homelessness.
Unidentified person read from a letter from the Mental Health Advisory Board to the Board of Supervisors regarding homelessness.
Unidentified person read from a letter from the Mental Health Advisory Board to the Board of Supervisors regarding homelessness.
Dora spoke regarding homeless encampment sweeps.
Greg Benson spoke regarding homeless encampment sweeps.
Troy Mason spoke regarding erecting a monument to honor the homeless population who have died.
Unidentified person spoke regarding homeless encampment sweeps and property storage.
James Ewing-Whitman spoke regarding monkey pox, national politics, $4 trillion loss on the stock market, the book The Great Taking by David Rogers Webb, and the dangers of taking testosterone.
Catherine Traverse spoke regarding the rent increases at the St. George Hotel.
Unidentified person spoke regarding homeless encampment sweeps.
At 3:48 p.m. Mayor Keeley closed Oral Communications.
August 13, 2024 CITY COUNCIL MINUTES 6907
Presiding Officer's Announcements – Mayor Keeley extended thanks on behalf of the City of Santa Cruz to Senator Laird, the Speaker, Assemblymembers Pellerin and Addis and the entire legislation delegation who were so helpful to get additional millions of dollars to assist with our local shelter efforts. He also expressed condolences to former Councilmember Richelle Noroyan with regard to the unexpected death of her spouse.
Statements of Disqualification – None.
Additions and Deletions – None.
City Attorney Report on Closed Session – See page 6904 for the report.
Council Meeting Calendar
5. The City Council reviewed and did not revise the meeting calendar attached to the agenda.
Consent Agenda
Councilmember Newsome made a comment on items 16, 17, 21, and 24.
Councilmember Brown made a comment on item 18.
Vice Mayor Golder made a comment on items 18, 21, and 27.
Councilmember Kalantari-Johnson made a comment on items 18, 21, 24, 26, and 27.
Councilmember Brunner made a comment on items 12 and 18.
Mayor Keeley opened the public comment period. The following people spoke:
Unidentified person spoke regarding items 7 and 18.
Unidentified person spoke regarding item 17.
Mayor Keeley closed the public comment period.
MOTION: Councilmember Watkins moved, seconded by Councilmember KalantariJohnson, to approve the Consent Agenda.
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Consent Agenda (continued)
ACTION: The motion carried with the following vote.
AYES: Councilmembers Newsome, Brown (with the exception of item 18), Watkins, Brunner, Kalantari-Johnson; Vice Mayor Golder; Mayor Keeley.
NOES: Councilmember Brown (item 18).
ABSENT: None.
DISQUALIFIED: None.
6. Resolution Extending the Emergency Declarations in Connection with the 2022/2023 Winter Storms and 2023/2024 Winter Storms (CA/CM) Resolution No. NS-30,362 was adopted extending by sixty days the Local Emergency Declarations in connection with the 2022/2023 and 2023/2024 winter storms.
7. Minutes of the June 25, 2024 City Council Meeting (CC) Motion carried to approve as submitted.
8. Minutes of the August 6, 2024 City Council Study Session (CC) Motion carried to approve as submitted.
9. Resolution Amending the 2024 Council Meeting Calendar (CC) Resolution No. NS-30,363 was adopted amending the 2024 Council meeting calendar to cancel the November 12th and 26th regular meetings and add November 19th as a regular meeting, and rescinding Resolution No. NS-30,235.
10. Review and Amendment of the City’s Conflict of Interest Code (CC) Resolution No. NS-30,364 was adopted amending the current Conflict of Interest Code.
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Consent Agenda (continued)
11. Federal Highways Administration Charging and Fueling Infrastructure Discretionary Grant Community Program. Authorization to Submit a Grant Application for the Monterey Bay Region Equitable EV Charging Project Grant (CM)
Resolution No. NS-30,365 was adopted authorizing the City Manager to apply for, accept, and appropriate funds from the Federal Highways Administration Charging and Fueling Infrastructure Discretionary Grant Community Program as lead and co-applicant for installation of publicly available level 2 and DC fast charging at City-owned facilities.
12. California Ocean Protection Council (OPC) Senate Bill (SB) 1 Grant Program:
Approval to Execute Grant Funds to Develop a Resilient Coast Santa Cruz 2.0:
Shoreline Adaptation Blueprint (CM)
Resolution No. NS-30,366 was adopted approving the execution of grant funds from the Ocean Protection Council under the SB 1 Grant Program funded through California's Greenhouse Gas Reduction Fund and General Fund to develop three Shoreline Adaptation Blueprints along the City of Santa Cruz’ coastline.
13. Criminal Justice Council of Santa Cruz County (CM)
Motion carried authorizing the City Manager to sign the third amendment to the Joint Exercise of Powers Agreement for the Criminal Justice Council (CJC) of Santa Cruz County to extend City of Santa Cruz participation for a one-year term through June 30, 2025.
14. Liability Claims Filed Against the City of Santa Cruz (FN) Motion carried to reject the liability claim of 1) Viet Huong Vo, and to return as late, the claim of 2) Geico Insurance Company, based on staff recommendation.
August 13, 2024 CITY COUNCIL MINUTES 6910
Consent Agenda (continued)
15. Professional Services Agreement for a Facilities Condition Assessment (PR) Motion carried to approve and authorize the City Manager to execute a Professional Services Agreement with Bureau Veritas Technical Assessments LLC, in a form approved by the City Attorney, for professional services not to exceed $150,000 over a two-year term. The Director of Parks and Recreation is authorized to execute contract amendments and change orders within the approved project budget (c302301).
16. Main Beach Public Restroom Renovation Project (c301913) – Notice of Completion (PR)
Motion carried to accept the work of CWS Construction Group, Inc. (Novato, CA) as completed per plans and specifications and authorize the filing of the Notice of Completion for the Main Beach Public Restroom Renovation Project (c301913)
17. 2024 Wharf Repair Project – 1st Amendment for Engineering Services and Budget Adjustment (PR)
Motion carried to:
Approve and authorize the City Manager to execute a first amendment to the Professional Services Agreement with Moffatt & Nichol for Engineering Services in the amount of $80,300 for the 2024 Wharf Repair Project, in a form approved by the City Attorney. The Director of Parks and Recreation is authorized to execute contract amendments within the approved project budgets;
Adopt Resolution No. NS-30,367 amending the FY 2024 budget to increase the revenue and expenditure budgets for the December 2023 Wharf Storm Damage Repair Project (e302402) by the amount of $2,069,371.51; and Adopt Resolution No. NS-30,368 amending the FY 2024 budget to increase the revenue and expenditure budgets for the February 2024 Wharf Storm Damage Repair Project (e302403) by the amount of $1,481,324.93.
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Consent Agenda (continued)
18. Pogonip Nature Loop Trail Encampment Clean-up Contract (PW/CM) Motion carried to approve refuse collection and encampment clean-up work in the Pogonip through a Single Source agreement with Kenny Robinson Construction in an amount not to exceed $140,000. The Public Works Director is authorized to execute change orders within the approved project budget.
19. Caterpillar 299D3 XE Compact Track Loader Purchase (PW) Motion carried to approve the purchase from the Refuse Fund of one (1) Caterpillar 299D3 XE Compact Track Loader, one (1) MB L160 S2 Crusher Bucket attachment, and one (1) Hydraulic Hammer attachment in the amount of $199,513.51 from Peterson Tractor Co. (San Leandro, CA).
20. 733 River St. Post-Demolition Paving (c102303) – Notice of Completion (PW) Motion carried to accept the work of Atlantis Paving & Grading (Scotts Valley, CA) as completed per the plans and specifications and authorize filing the Notice of Completion for the 733 River Street Post-Demolition Paving Project and authorizing the Public Works Director to sign the Notice of Completion as the Owner’s Authorized Agent.
21. Award Contract for Bay Drive Protected Bike Lanes and Pedestrian Path Design Phase (c402304) (PW)
Motion carried to award a contract to Mark Thomas & Company (San Jose, CA) for Bay Drive Protected Bike Lanes and Path Design Phase in the amount of $449,928 and reject all other proposals and to authorize the City Manager to execute an agreement in a form approved by the City Attorney. The Director of Public Works is authorized to execute amendments within the approved project budget.
August 13, 2024 CITY COUNCIL MINUTES 6912
Consent Agenda (continued)
22. Digester Gas Piping Rehabilitation Project (m409659) – Notice of Completion (PW)
Motion carried to accept the work of MBS Engineering, Inc. (San Ramon, CA) as completed per plans and specifications and authorize the filing of the Notice of Completion for the Digester Gas Piping Rehabilitation Project (m409659) and authorizing the Public Works Director to sign the Notice of Completion as the Owner’s Authorized Agent.
23. Ocean Street Pavement Rehabilitation Project (c400809) – Notice of Completion (PW)
Motion carried to accept the work of Granite Rock, Inc. (Watsonville, CA) as completed per the plans and specifications and authorize filing the Notice of Completion for the Ocean Street Pavement Rehabilitation Project (c400809) and authorizing the Public Works Director to sign the Notice of Completion as the Owner’s Authorized Agent.
24. Pacific Beach Roundabout Enhancements (c402507) – Professional Services Agreement (PW)
Motion carried to award a contract to RRM Design Group for professional services in the amount of $139,852 and to authorize the City Manager to execute an agreement in a form approved by the City Attorney and authorize the Director of Public Works to execute amendments within the approved project budget.
25. Resource Recovery Facility Enclosed Flare Installation Project (c402512) – Contract Amendment No. 7 and Budget Adjustment (PW)
Motion carried to:
Authorize the City Manager to execute Contract Amendment No. 7 with Tetra Tech BAS for engineering services for the Resource Recovery Facility Enclosed Flare Installation Project (c402512) in the amount of $1,785,870 in a form approved by City Attorney. The Public Works Director is authorized to execute future amendments within the approved project budget; and
August 13, 2024 CITY COUNCIL MINUTES 6913
Consent Agenda (continued)
25. Resource Recovery Facility Enclosed Flare Installation Project (c402512) – Contract Amendment No. 7 and Budget Adjustment (PW) (continued) Adopt Resolution No. NS-30,369 to amend the FY 2025 budget and appropriate funds in the amount of $350,000 for the Resource Recovery Facility Enclosed Flare Installation Project (c402512).
26. Dufour Street and Seaside Street Intersection Improvements - Approval of Plans and Environmental Determination (PW)
Motion carried to:
Adopt Resolution No. NS-30,370 modifying the intersection of Dufour Street and Seaside Street to a four-way stop and rescinding Resolution No. NS30,326; Adopt Resolution No. NS-30,371 approving the plans for the four-way stop at Dufour Street and Seaside Street pursuant to Government Code Section 830.6; and
Find the intersection improvements at Dufour Street and Seaside Street Categorical Exempt under CEQA Guidelines 14 CCR Section 15301(c).
27. West Cliff Drive Stabilization Project (c401501) – Authorization to Accept Funds for Disaster Recovery and Resilience Support (PW)
Resolution No. NS-30,372 was adopted authorizing the City Manager to accept funds from the California Natural Resources Agency for support of repairs and improvements to the West Cliff Drive Stabilization Project (c401501).
28. Beltz 12 Phase 1 Ammonia Removal Improvements Project (c702203) – Notice of Completion (WT)
Motion carried to accept the work of the Don Chapin Company, Inc (Salinas, CA) as completed per plans and specifications and authorizing the filing of a Notice of Completion for the Beltz 12 Phase 1 Ammonia Removal Improvements Project (c702203) and to authorize the Water Director to sign the Notice of Completion as the Owner’s Authorized Agent.
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Consent Agenda (continued)
29. Regional Drought Resiliency Project – Intertie 1 (c702205) – Bid Withdrawal and Award to Second Lowest Bidder (WT)
Motion carried to:
Accept the bid withdrawal of the apparent low bidder, Monterey Peninsula Engineering Inc. (Monterey, CA), for the Regional Drought Resiliency Project – Intertie 1 (c702205), without forfeiting its bid security on the basis that a material and clerical error was made in assembling the bid, as provided in Section 5101 and 5103 of the California Public Contract Code; and
Award the construction contract for the Regional Drought Resiliency Project – Intertie 1 (c702205) to the second lowest bidder, Pacific Underground Construction Inc. (San Jose, CA), in the amount of $8,758,750 including construction contingency.
End Consent Agenda
August 13, 2024 CITY COUNCIL MINUTES 6915
Public Hearing
30. Municipal Code Amendments to Chapter 24.12 Relating to Historic Variations Responding to Modifications Requested by the California Coastal Commission.
Location: Citywide. CEQA: Exempt 15061(b)(3) (PL)
Senior Planner S. Neuse 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-30,373 acknowledging receipt of the resolution of certification from the California Coastal Commission including the suggested modifications; and
Introduce for publication Ordinance No. 2024-11 finding that the project is exempt under the California Environmental Quality Act (CEQA) and amending parts of Chapter 24.12 of the Santa Cruz Municipal Code (SCMC) related to Historic Variations in response to action by the California Coastal Commission.
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.
August 13, 2024 CITY COUNCIL MINUTES 6916
General Business
31. Ordinance Amending Municipal Code Chapter 24.10 and Sections 24.12.190,
24.12.290, and 24.12.1108 and Adding New Sections 24.10.2342 and 24.12.191 to Streamline Permitting and Establish Standards for Private Property Outdoor Seating Associated with Eating and/or Drinking Establishments. Chapters 24.10 and 24.12 are Part of the Local Coastal Program Implementation Plan (LCP IP) and Will Require Approval by the California Coastal Commission Prior to Taking Effect Inside the Coastal Zone, and Ordinance Amending Uncodified Ordinance No. 2020-27 Extending Temporary Use of Certain Adjacent Public Street and Outdoor Areas for Eligible Businesses that Extends the Temporary Period for Commercial Use on Private Property from May 31, 2025, to July 1, 2026. (CEQA:
Exempt Pursuant to CEQA Guidelines Section 15061(b)(3) as a Project that with Certainty Does Not Have an Effect on the Environment and Section 15183 as a Project Consistent with the General Plan for which an EIR Was Certified.) (PL/EDH)
Senior Planner C. Stanger and Economic Development Manager R. Unitt gave a presentation and responded to Council questions.
Mayor Keeley opened the public comment period. The following people spoke.
Unidentified person
Unidentified person
Karen Madura
Patrice Boyle
Garrett
Max Turigliatto
Mayor Keeley closed the public comment period.
MOTION: Councilmember Kalantari-Johnson moved, seconded by Councilmember Brunner, to:
1) Acknowledge the environmental determination and introduce for publication Ordinance No. 2024-12 amending Chapter 24.10 and Sections
24.12.190, 24.12,290, and 24.12.1108, and adding Sections 24.10.2342 and
24.12.191 to streamline permitting for private property outdoor seating areas for eating and drinking establishments.
2) Acknowledge the environmental determination and introduce for publication Ordinance No. 2024-13 amending uncodified Ordinance No. 2020-27 extending temporary use of certain adjacent public street and outdoor areas for eligible businesses that extends the temporary period for commercial use on private property from May 31, 2025, to July 1, 2026.
August 13, 2024 CITY COUNCIL MINUTES 6917
General Business (continued)
31. Ordinance Amending Municipal Code Chapter 24.10 and Sections 24.12.190,
24.12.290, and 24.12.1108 to Streamline Permitting and Establish Standards for Private Property Outdoor Seating Associated with Eating and/or Drinking Establishments (PL/EDH) (continued)
MOTION (continued):
3) Direct the Mayor to send a letter to state representatives to advocate for all cities to adopt state building code interpretation that does not trigger any new required bathroom fixtures for businesses with 300 square feet or less of outdoor dining or drinking area.
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 5:05 p.m.
RESPECTFULLY SUBMITTED: ss/Julia Wood, Deputy City Clerk Administrator, ATTEST: ss/Bonnie Bush, City Clerk Administrator, APPROVED: ss/Fred Keeley, Mayor.