Approved at the September 10, 2024 City Council Meeting City of Santa Cruz
809 Center Street
Santa Cruz, California 95060
MINUTES OF A CITY COUNCIL MEETING
August 27, 2024
12:30 PM
Mayor Keeley opened the City Council Closed Session at 12:35 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 (arrived at 12:36 p.m. after roll call), Brunner, Kalantari-Johnson (arrived at 12:35 p.m. after roll call); Vice Mayor Golder (arrived at 12:35 p.m. after roll call); Mayor Keeley.
Absent: None.
Staff: City Manager M. Huffaker, City Attorney T. Condotti, Director of Finance E. Cabell, Director of Economic Development and Housing B. Lipscomb, Deputy City Clerk Administrator J. Wood, City Clerk Administrator B.
Bush.
Statements of Disqualification – Councilmember Brunner announced she will be recusing herself from item 2 as it relates to her employment.
Public Comment
Mayor Keeley opened the public comment period at 12:36 p.m. There were no speakers. Mayor Keeley closed the public comment period at 12:36 p.m., at which time the meeting was closed to the public and Council adjourned to the Courtyard Conference Room.
August 27, 2024 CITY COUNCIL MINUTES 6919
Closed Session
1. Conference with Legal Counsel – Liability Claims (Government Code §54956.95) 1) Claimant: David Santana Mata
2) Claimant: State Farm Insurance
3) Claimant: Efrain and Maritza Ayala Talamantes Haro
4) Claimant: Frances S. Lopez
Claims against the City of Santa Cruz
Council received a status report, items 1—3 were taken up under agenda item 14 and took no reportable action.
2. Real Property Negotiations (Government Code §54956.8) Property: 877 Cedar Street
APN: 005-951-01
Owner: Ecology Action
City Negotiator: Bonnie Lipscomb
Negotiating Parties: City of Santa Cruz and Ecology Action Under Negotiation: Price, terms of payment, or both
Council received a status report from and gave direction to the City Negotiator and took no reportable action.
3. 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, gave direction, and took no reportable action.
4. 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.
August 27, 2024 CITY COUNCIL MINUTES 6920
City of Santa Cruz
809 Center Street
Santa Cruz, California 95060
MINUTES OF A CITY COUNCIL MEETING
August 27, 2024
1:30 PM
Call to Order – Mayor Keeley called the meeting to order at 1:33 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 Information Technology K. Morgan, Director of Finance E. Cabell, Chief of Fire R. Oatey, Director of Water H. Luckenbach, Director of Public Works N. Nguyen, Director of Parks and Recreation T. Elliot, Director of Planning and Community Development L. Butler, Director of Economic Development and Housing B. Lipscomb (via Zoom), Chief People Officer S. De Leon (via Zoom), Associate Planner II E. Dhakni, Parking Program Manager G. Hussey, 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 1:34 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.
Kevin Cummings spoke regarding the St. George Apartments, the five handicap accessible units, and the rent increases they are facing.
Unidentified person spoke regarding homelessness encampments and a meeting happening at the Capitola Library tonight addressing this matter.
At 1:39 p.m. Mayor Keeley closed Oral Communications.
August 27, 2024 CITY COUNCIL MINUTES 6921
Presentations
5. Mayoral Proclamation Declaring September 2024 as Ovarian Cancer Awareness Month
Councilmember Brown read from and presented a proclamation to Jenny Hart, Leader Advocate for the Ovarian Cancer Research Alliance, declaring September 2024 as Ovarian Cancer Awareness Month.
6. Oral Health Access 2024—2028 Strategic Plan
Sheree Storm, Dientes Chief Strategy Officer, and David Brody, First 5 Santa Cruz County Executive Director, gave a presentation on the Oral Health 2024— 2028 Strategic Plan.
Presiding Officer's Announcements
Statements of Disqualification – None.
Additions and Deletions – None.
City Attorney Report on Closed Session – See page 6919 for the report.
Council Meeting Calendar
7. The City Council reviewed and did not revise the meeting calendar attached to the agenda.
August 27, 2024 CITY COUNCIL MINUTES 6922
Consent Agenda
Councilmember Brunner made a comment on items 11, 13, and 18.
Councilmember Kalantari-Johnson made a comment on item 13.
Vice Mayor Golder made a comment on items 11, 12, 17, 18 and 20.
Councilmember Watkins made a comment on items 9 and 13.
Councilmember Brown made a comment on items 9, 10, and 13.
Councilmember Newsome made a comment on items 10 and 17.
Mayor Keeley made a comment on items 10 and 13.
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 approve the 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. Minutes of the August 13, 2024 City Council Meeting (CC) Motion carried to approve as submitted.
9. 2024 A City Like Me: Santa Cruz Report (CM)
Motion carried to accept the 2024 A City Like Me: Santa Cruz report as submitted.
10. Endorsement of California Senate Bill 867 (CN)
Motion carried to direct the Mayor to send a letter of endorsement in support of California Senate Bill 867.
August 27, 2024 CITY COUNCIL MINUTES 6923
Consent Agenda (continued)
11. Approve Purchase of Pierce Enforcer Pumper Fire Engine and Lease Agreement with PNC Equipment Finance (FD)
Motion carried to:
Award a contract for the purchase of a Pierce Enforcer Pumper Fire Engine (Apparatus) to Golden State Fire Apparatus in the amount of $1,029,503.26. Adopt Resolution No. NS-30,374 approving a lease agreement with PNC Equipment Finance to prepay for the purchase and finance the Apparatus for the City with a 5.32% interest rate over three (3) years for a total cost of $1,140,934.14; and authorizing the City Manager to execute the agreement and related documents in a form to be approved by the City Attorney.
12. First Amendment to the Agreement for Fire Protection and Emergency Response Services and First Amendment of Lease of the UCSC Fire Station (FD) Motion carried to authorize the City Manager to execute the First Amendment to the Agreement for Fire Protection and Emergency Response Services (Service Agreement) and the First Amendment of Lease of the University of California Santa Cruz (UCSC) Fire Station (Lease) between the City of Santa Cruz (City) and the Regents of the University of California, on behalf of its Santa Cruz Campus, extending the term for one (1) year with minor modifications.
13. Council Policy 5.19 for Stipend for Advisory Body Members (FN) Motion carried to:
Adopt Resolution No. NS-30,375 approving Council Policy 5.19 – Stipend for Advisory Body Members;
Direct staff to prepare amendments to Ordinance 1440 and Chapter 18.41 of the Municipal Code; and
Direct staff to create a communication and training plan to promote the new policy.
August 27, 2024 CITY COUNCIL MINUTES 6924
Consent Agenda (continued)
14. Liability Claims Filed Against the City of Santa Cruz (FN) Motion carried to reject the liability claims of 1) David Santana Mata, 2) State Farm Insurance, and 3) Efrain and Maritza Ayala Talamantes Haro; based on staff recommendation.
15. Award Contract for Disaster Cost Recovery Services (FN) Motion carried to:
Award a three-year contract for Disaster Cost Recovery Services to Integrated Solutions Consulting (ISC) beginning on August 27, 2024, and ending June 30, 2025, 2026, and 2027 (with an option for an additional two years for Fiscal Years ending June 30, 2028, and 2029); Authorize the City Manager to execute an agreement in a form approved by the City Attorney with ISC; and
Authorize the Finance Director to execute any amendments that may be needed for new emergencies during the course of the contract.
16. Microsoft SharePoint Implementation and Configuration Services (IT) Motion carried to:
Accept the change order from AdaptivEdge, LLC for additional Microsoft SharePoint Online implementation and configuration services in the amount of $31,400.00, for a total contract amount of $127,400.00. The IT Director is authorized to execute further change orders within the approved project budget; and
Authorize the City Manager to execute additional contracts with AdaptivEdge, LLC for Microsoft SharePoint Online implementation and configuration services in a form approved by the City Attorney. The IT Director is authorized to execute change orders within the approved project budget.
August 27, 2024 CITY COUNCIL MINUTES 6925
Consent Agenda (continued)
17. Downtown Recovery – Phase IV – Authorization to Award Bid for Downtown Site Furnishings Painting to H.B. Restoration Inc. in the Amount of $112,550.00 (PR) Motion carried to authorize staff to award a contract for services in the amount of $112,550.00 to H.B. Restoration for the painting of existing site furnishings and kiosks, serving as the final component of the Downtown Recovery – Phase I-IV project (c302312). Per Resolution No. NS-27,563, the City Manager is hereby authorized and directed to execute the contract in a form approved by the City Attorney. The Parks and Recreation Director, Economic Development and Housing Director, and Public Works Director are authorized to execute change orders within approved budgets.
18. Award Contract for Purchase of Three Refuse Trucks (PW) Motion carried to award a contract for the purchase of one roll-off and two split rear loader vehicles from TEC of California (Oakland, CA) in the amount of $1,390,000.
19. Resource Recovery Facility North Canyon Paving Project (m400020) – Authorization to Advertise for Bids and Award Contract (PW) Motion carried to approve the plans and specifications for the Resource Recovery Facility North Canyon Paving Project (m400020) and authorize staff to advertise for bids and award the contract. The City Manager is hereby authorized and directed to execute an agreement in a form approved by the City Attorney. The Director of Public Works is authorized to execute change orders within the approved project bud
20. Fisheries Monitoring Support – Award of Professional Services Contract to Confluence Restoration (WT)
Motion carried authorizing the City Manager to execute an agreement in a form approved by the City Attorney with Confluence Restoration (Santa Cruz, CA) for ongoing fisheries biology support of the City of Santa Cruz's Habitat Conservation Plan development and Incidental Take Permitting in the amount of $127,860.00 and to authorize the Water Director to execute up to three annual agreement renewals.
August 27, 2024 CITY COUNCIL MINUTES 6926
Consent Agenda (continued)
21. Acceptance and Budgeting of Grant Funding for Brackney Landslide Area Pipeline Risk Reduction Project - Budget Adjustment (WT) Resolution No. NS-30,376 was adopted authorizing acceptance of additional Hazard Mitigation Grant Program funding in the amount of $3,858,079 and amending the Water Department FY 2025 revenue budget for the Capital Investment Program (c702002), Brackney Landslide Area Pipeline Risk Reduction Project, accordingly.
End Consent Agenda
Consent Public Hearings
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 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.
22. 2nd Reading and Final Adoption of Ordinance No. 2024-11 which Amends Chapter 24.12 of the Santa Cruz Municipal Code Related to Historic Variations in Response to Action by the California Coastal Commission (PL) Ordinance No. 2024-11 was adopted 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.
August 27, 2024 CITY COUNCIL MINUTES 6927
Consent Public Hearings (continued)
23. 2nd Reading and Final Adoption of Ordinance No. 2024-12 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 (PL/EDH)
Motion carried to:
Adopt Ordinance No. 2024-12 amending Santa Cruz 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.
Adopt Resolution No. NS-30,377 authorizing the City Manager to submit the proposed Title 24 amendments to the California Coastal Commission for final certification.
24. 2nd Reading and Final Adoption of 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 (PL/EDH)
Ordinance No. 2024-13 was adopted 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 27, 2024 CITY COUNCIL MINUTES 6928
General Business
25. Harvey West Pool Update and Amending the FY 2025 Budget and Appropriation of Funds for Harvey West Pool - Budget Adjustment (PR)
Director of Parks and Recreation T. Elliot gave a presentation and responded to Council questions.
Mayor Keeley opened the public comment period. The following person spoke.
Unidentified person
Mayor Keeley closed the public comment period.
MOTION: Councilmember Brown moved, seconded by Councilmember Watkins, to:
Receive an update on the Harvey West Pool operational plan; and Adopt Resolution No. NS-30,378 to amend the Fiscal Year 2025 budget and appropriate funds in the amount of $400,000 from the fund balance of the General Fund, to be allocated to Parks and Recreation for expenses to run and resource a Harvey West Pool hybrid operational model.
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 27, 2024 CITY COUNCIL MINUTES 6929
General Business (continued)
26. No-Parking Street Sweeping Pilot Program (PW)
Associate Planner II E. Dhakni gave a presentation and responded to Council questions.
Parking Program Manager G. Hussey responded to Council questions.
Mayor Keeley opened the public comment period. The following people spoke.
Unidentified person
Jasmeen Miah
Mayor Keeley closed the public comment period.
MOTION: Councilmember Kalantari-Johnson moved, seconded by Councilmember Newsome, to:
Adopt Resolution No. NS-30,379 to approve parking restrictions for the pilot street sweeping program in Zones 1—4 and Zones 5—6 during posted hours and direct the City Manager or designee to implement the 1-year pilot program, upon approval of the Coastal Development Permit for Zones 5—6.
Zones 5—6 are located within the Coastal Zone, the Coastal Development Permit will be subject to a Coastal Commission appeal period following approval by the Council; and;
Direct staff to return before the conclusion of the No-Parking Street Sweeping Pilot Program with findings and recommendations.
ACTION: The motion carried with the following vote.
AYES: Councilmembers Newsome, Watkins, Brunner, KalantariJohnson; Vice Mayor Golder; Mayor Keeley.
NOES: Councilmember Brown.
ABSENT: None.
DISQUALIFIED: None.
August 27, 2024 CITY COUNCIL MINUTES 6930
General Business (continued)
27. Ordinance Amending Chapter 2.40, Boards and Commissions, Related to the Membership Term Year for the Commission for the Prevention of Violence Against Women (CPVAW) (CC)
City Clerk Administrator B. Bush spoke.
Mayor Keeley opened the public comment period. There were no speakers.
Mayor Keeley closed the public comment period.
MOTION: Councilmember Kalantari-Johnson moved, seconded by Councilmember Watkins, to introduce for publication Ordinance No. 2024-14 amending Chapter 2.40, Boards and Commissions, related to the membership term year for the Commission for the Prevention of Violence Against Women.
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. Award Professional Service Agreement to Intelligent Partnerships to Explore Feasibility of Community Workforce or Project Labor Agreements for City Capital Investment Projects (CN)
Mayor Keeley spoke.
Mayor Keeley opened the public comment period. The following people spoke.
Casey Van den Heuvel
Eric Christen
Rex Hime
Casey Beyer
Mayor Keeley closed the public comment period.
August 27, 2024 CITY COUNCIL MINUTES 6931
General Business (continued)
28. Award Professional Service Agreement to Intelligent Partnerships to Explore Feasibility of Community Workforce or Project Labor Agreements for City Capital Investment Projects (CN) (continued)
MOTION: Councilmember Newsome moved, seconded by Councilmember Watkins, to:
Award a professional services agreement to Intelligent Partnerships to conduct a feasibility study of the potential options and implications of adopting either a Community Work Force Agreement (CWA) or Project Labor Agreement (PLA); and
Authorize the City Manager to execute said agreement in the form approved by the City Attorney. The Water and Public Works Directors are authorized to execute non-substantive contract amendments within the approved budget.
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.
29. Newell Creek Pipeline Replacement – Felton to Graham Hill Water Treatment Plant Project (c702105): Purchase of Real Property, Approval of Plans and Specifications, Authorization to Advertise for Bids and Award of Contract; Authorizing Approval of an SRF Financing Agreement, and Acceptance of Community Grant Program Funds and Amending Water Department FY 2025 Budget – Budget Adjustment (WT)
Director of Water H. Luckenbach responded to Council questions.
Mayor Keeley opened the public comment period. There were no speakers.
Mayor Keeley closed the public comment period.
August 27, 2024 CITY COUNCIL MINUTES 6932
General Business (continued)
29. Newell Creek Pipeline Replacement – Felton to Graham Hill Water Treatment Plant Project (c702105): Purchase of Real Property, Approval of Plans and Specifications, Authorization to Advertise for Bids and Award of Contract (WT) (continued)
MOTION: Councilmember Watkins moved, seconded by Councilmember Newsome, to:
Adopt Resolution No. NS-30,380 authorizing and directing the City Manager to execute a purchase sale agreement between the City of Santa Cruz and Santa Cruz, Big Trees & Pacific Railway for the permanent easement on APN 066-211-03 for the Newell Creek Pipeline Replacement – Felton to Graham Hill Water Treatment Plant Project (c702105);
Adopt Resolution No. NS-30,381 authorizing and directing the City Manager to execute a purchase sale agreement between the City of Santa Cruz and Santa Cruz, Big Trees & Pacific Railway for a permanent easement on APN 066-212-05;
Approve the plans and specifications for the Newell Creek Pipeline Replacement – Felton to Graham Hill Water Treatment Plant Project (c702105) and authorize staff to advertise for bids at
https://procurement.opengov.com/portal/santacruzca. The City Manager is hereby authorized and directed to execute the contract as authorized by Resolution No. NS-27,563; and authorize the Water Director to execute change orders within the approved project budget;
Adopt Resolution No. NS-30,382 authorizing approval of a financing agreement in an amount not to exceed $41,352,000 with the California State Water Resources Control Board for the Newell Creek Pipeline Replacement – Felton to Graham Hill Water Treatment Plant Project (c702105); and
Adopt Resolution No. NS-30,383 amending the FY 2025 budget to accept $959,752 in Community Grant Funds for the Newell Creek Pipeline Replacement – Felton to Graham Hill Water Treatment Plant Project (c702105); and
Authorize the Mayor to write a letter to Congressman Jimmy Panetta thanking him for his actions in securing around $1,000,000 in federal funds for this project.
August 27, 2024 CITY COUNCIL MINUTES 6933
General Business (continued)
29. Newell Creek Pipeline Replacement – Felton to Graham Hill Water Treatment Plant Project (c702105): Purchase of Real Property, Approval of Plans and Specifications, Authorization to Advertise for Bids and Award of Contract (WT) (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.
Adjournment – Vice Mayor Golder moved, seconded by Councilmember Brown, to adjourn. By consensus City Council adjourned at 3:36 p.m.
RESPECTFULLY SUBMITTED: ss/Julia Wood, Deputy City Clerk Administrator, ATTEST: ss/Bonnie Bush, City Clerk Administrator, APPROVED: ss/Fred Keeley, Mayor.