City of Santa Cruz
809 Center Street
Santa Cruz, California 95060
MINUTES OF A CITY COUNCIL MEETING
November 15, 2022
11:30 AM
Mayor Brunner opened the City Council Closed Session at 11:32 a.m. in a public meeting in Council Chambers, for the purpose of announcing the agenda, and receiving public testimony.
Roll Call
Present: Councilmembers Kalantari-Johnson, Cummings, Brown, Meyers (via Zoom); Vice Mayor Watkins; Mayor Brunner.
Absent: Councilmember Golder.
Staff: City Manager M. Huffaker, Assistant City Manager L. Schmidt, City Attorney T. Condotti, Deputy City Manager/Director of Human Resources L. Murphy, Finance Director E. Cabell, Director of Economic Development B. Lipscomb (via Zoom), Deputy City Clerk Administrator J. Wood, City Clerk Administrator B. Bush.
Referral to Closed Session
1. Tannery Arts Center – 890 River Street, 1000 River Street, and 1020 River Street (ED)
Mayor Brunner opened the public comment period. There were no speakers.
Mayor Brunner closed the public comment period.
MOTION: Vice Mayor Watkins moved, seconded by Councilmember Brown, to refer to Closed Session for discussion regarding potential termination of nonhousing ground lease.
ACTION: The motion carried with the following vote.
AYES: Councilmembers Kalantari-Johnson, Cummings, Brown, Meyers; Vice Mayor Watkins; Mayor Brunner.
NOES: None.
ABSENT: Councilmember Golder.
DISQUALIFIED: None.
November 15, 2022 CITY COUNCIL MINUTES 6273
Public Comment
Mayor Brunner opened the public comment period at 11:33 a.m. There were no speakers. Mayor Brunner closed the public comment period at 11:33 a.m., at which time the meeting was closed to the public and Council adjourned to the Courtyard Conference Room.
Closed Session
2. Conference with Labor Negotiators (Government Code §54957.6) Police Officers Association
Police Management Association
SEIU Temporary Employees
SEIU Service Employees
Supervisors, OE3
City Negotiator - Lisa Murphy
Council received a status report from the City Negotiator, and no reportable action was taken.
3. Real Property Negotiations (Government Code §54956.8) 1) Properties: 890 River Street, 1000 River Street, and 1020 River Street, located at the Tannery Arts Center
APNs: 008-661-11 (Parcel 8), 008-661-12 (Parcel 5), and 008-661-14 (Parcel 3) Owner: City of Santa Cruz
City Negotiator: Bonnie Lipscomb
Negotiating Parties: City of Santa Cruz and Artspace Tannery, LLC.
Under Negotiation: Potential termination of non-housing ground lease 2) Property: 136 River Street
APN: 008-311-07
City Negotiator: Bonnie Lipscomb
Negotiating Parties: City and Thomas, Bobby James, & Elizabeth June, Trustees
Under Negotiation: Price, terms of payment, or both
November 15, 2022 CITY COUNCIL MINUTES 6274
Closed Session (continued)
3. Real Property Negotiations (Government Code §54956.8) (continued) 3) Property: 24, 30, and 38 Front Street
APNs: 007-212-10, 007-212-09, 007-212-08
Owner: PAP LLC
City Negotiator: Christophe Schneiter
Negotiating Parties: City of Santa Cruz and PAP LLC.
Under Negotiation: Price, terms of payment, or both
Council received a status report from the City Negotiators, gave direction, took up item 3.1 under agenda item 18 on Consent, and no reportable action was taken.
Councilmember Brown recused herself and left the room during discussion regarding item 3.2 - 136 River Street due to the proximity of where she lives to the parcel.
4. Conference With Legal Counsel – Liability Claims (Government Code §54956.95) 1) Claimant: Mitchell E. Swienton
2) Claimant: Janet Cantolan
Claims against the City of Santa Cruz
Council received a status report, took up under agenda item 22, and no reportable action was taken.
5. Conference with Legal Counsel - Existing Litigation (Government Code §54956.9(d)(1))
Herman, Martin & Kary v. City of Santa Cruz
Santa Cruz Superior Court Case No. 19CV02406
Council received a status report, gave direction, and no reportable action was taken.
November 15, 2022 CITY COUNCIL MINUTES 6275
City of Santa Cruz
809 Center Street
Santa Cruz, California 95060
MINUTES OF A CITY COUNCIL MEETING
November 15, 2022
1:30 PM
Call to Order – Mayor Brunner called the meeting to order at 1:36 p.m. in Council Chambers.
Roll Call
Present: Councilmembers Kalantari-Johnson, Cummings, Brown, Meyers (arrived at 1:46 p.m. via Zoom); Vice Mayor Watkins; Mayor Brunner.
Absent: Councilmember Golder.
Staff: City Manager M. Huffaker, Assistant City Manager L. Schmidt, City Attorney T. Condotti, Director of Economic Development B. Lipscomb, Director of Public Works M. Dettle, Water Director R. Menard, Chief of Police B. Escalante (via Zoom), Finance Director E. Cabell (via Zoom), Deputy City Manager/Human Resources Director L. Murphy (via Zoom), Fire Chief R. Oatey (via Zoom), Director of Information Technology K.
Morgan (via Zoom), Director of Planning and Community Development L. Butler (via Zoom), Assistant Director of Public Works/City Engineer N.
Nguyen (via Zoom), Economic Development Manager R. Unitt (via Zoom), Deputy City Clerk Administrator J. Wood, City Clerk Administrator B.
Bush.
Presentations
6. Mayoral Proclamation Declaring November 26, 2022 as Small Business Saturday Mayor Brunner read from a proclamation declaring November 26, 2022 as Small Business Saturday.
7. Mayoral Proclamation Declaring November 15, 2022 as Mark Stone Day Mayor Brunner presented a proclamation to Assemblymember Mark Stone, declaring November 15, 2022 as Mark Stone Day.
November 15, 2022 CITY COUNCIL MINUTES 6276
Presiding Officer's Announcements
Statements of Disqualification – Councilmember Brown stated that out of an abundance of caution, she will be recusing herself from item 19 due to the proximity of where she lives and the parcel at 136 River Street.
Additions and Deletions – None.
City Attorney Report on Closed Session – See pages 6273—6274 for the report.
City Manager Report
8. The City Manager provided a report and updates on the City's business and events of interest.
City Manager M. Huffaker provided updates on the San Lorenzo Park Restoration and Benchlands encampment closure, the San Lorenzo River Lagoon Culvert Project, the upcoming termination of the CZU Emergency Declaration, preliminary election results, and upcoming community events.
Mayor Brunner made announcements about United Against Hate Week.
Council Meeting Calendar
9. The City Council reviewed and did not revise the meeting calendar attached to the agenda.
City Clerk Administrator B. Bush reminded Council about the Special Meetings on November 29th and December 6th.
Consent Agenda
Councilmember Cummings pulled item 30 for further discussion.
Councilmember Cummings made a comment on item 17.
Director of Economic Development B. Lipscomb and City Attorney T. Condotti responded to Councilmembers Kalantari-Johnson and Cummings’ questions regarding item 19. Councilmember Brown recused herself during the discussion and left the dais at 2:20 p.m., returning at 2:25 p.m.
November 15, 2022 CITY COUNCIL MINUTES 6277
Consent Agenda (continued)
Mayor Brunner opened the public comment period. The following people spoke:
Unidentified person spoke regarding item 22.
Unidentified person spoke regarding items 19 and 17.
Shanara Gill spoke regarding item 17.
Mayor Brunner closed the public comment period.
MOTION: Vice Mayor Watkins moved, seconded by Councilmember KalantariJohnson, to approve the remaining Consent Agenda.
ACTION: The motion carried with the following vote.
AYES: Councilmembers Kalantari-Johnson, Cummings, Brown (with the exception of item 19), Meyers; Vice Mayor Watkins; Mayor Brunner.
NOES: None.
ABSENT: Councilmember Golder.
DISQUALIFIED: Councilmember Brown (item 19).
10. Resolution Extending the Emergency Declaration in Connection with the COVID19 Pandemic by Sixty (60) Days (CA) Resolution No. NS-30,057 was adopted extending by sixty days the Declaration of Emergency in connection with the COVID-19 pandemic.
11. Resolution Extending the Emergency Declaration in Connection with the CZU August Lightning Complex Fire by Sixty (60) Days (CA)
Resolution No. NS-30,058 was adopted extending by sixty days the Local Emergency Declaration in connection with the CZU August Lightning Complex Fire and proclaiming the declaration terminated thereafter.
12. Resolution Authorizing the City to Continue Teleconferenced Public Meetings Pursuant to Assembly Bill 361 (CA)
Resolution No. NS-30,059 was adopted authorizing legislative bodies of the City of Santa Cruz to continue the use of teleconferenced meetings pursuant to Assembly Bill 361.
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Consent Agenda (continued)
13. Minutes of the October 25, 2022 City Council Meeting (CC) Motion carried to approve as submitted.
14. Set Meeting Dates for Annual Advisory Body Interviews and Appointments and Reappointments (CC)
Motion carried to set the meeting dates for the advisory body applicant interviews at a Special Meeting scheduled on Tuesday, January 17, 2023 at 6:00 p.m., and appointments and reappointments scheduled at the Regular Meeting of Tuesday, January 24, 2023.
15. Resolution Setting the Regular Meeting Schedule for the Calendar Year 2023 (CC)
Resolution No. NS-30,060 was adopted setting the regular meeting schedule for the calendar year 2023, and canceling the following meeting dates: July 11 and 25, and December 26.
16. Contract for City Attorney Services (Effective January 1, 2023) (CM) Motion carried to approve the City Attorney Legal Services Agreement, commencing January 1, 2023, and authorize the City Manager to execute the contract.
17. Letter to Honorable Syda Cogliati Expressing the City's Condemnation of the Vandalism of the Black Lives Matter Mural (CN)
Motion carried to authorize and direct the Mayor to send a letter on behalf of the City Council to Superior Court Judge Syda Cogliati expressing the City’s condemnation of the vandalism of the Santa Cruz Black Lives Matter mural and including sentencing recommendations for the defendants, Brandon Bochat and Hagan Warner, that align with a restorative justice approach as outlined by the Santa Cruz Equity Collab - the group responsible for the installation and maintenance of the mural.
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Consent Agenda (continued)
18. Terminate the Non-Housing Ground Lease at the Tannery Arts Center (ED) Resolution No. NS-30,061 was adopted terminating the August 2007 Ground Lease (Non-Housing) with Artspace Tannery LLC for three parcels at the Tannery Arts Center.
19. For the Future Housing, Inc., a California Corporation – Loan Agreement (ED) Motion carried to:
1) Direct the City Manager to enter into Loan and Regulatory Agreements, in forms approved by the City Attorney, with For the Future Housing, Inc., a California corporation, for a loan in the amount not to exceed $1,800,000 for the purposes of acquiring 136 River Street and constructing an affordable housing project; and
2) Adopt Resolution No. NS-30,062 amending the FY 2023 budget by transferring $1,800,000 from the Public Trust Fund to the Affordable Housing Trust Fund to fund the agreements.
20. Amendment to Extend Contract for Heating, Ventilation and Air Conditioning (HVAC) Preventive Maintenance Services (FN)
Motion carried to execute an amendment to extend the existing contract for onsite HVAC preventative and emergency maintenance service with Airtec Service, 175 Aviation Way, Watsonville, CA 95076 for FY 2023.
21. Award Contract for On Site Tire Replacement and Roadside Tire Service (FN) Motion carried to execute and award a contract for onsite tire replacement and roadside tire service with Priors Tires, 115 Post Street Santa Cruz, CA., in the amount ‘not to exceed’ $175,000.
22. Liability Claims Filed Against the City of Santa Cruz (FN) Motion carried to reject the liability claims of a) Mitchell E. Swienton, and b) Janet Cantolan, based on staff recommendation.
November 15, 2022 CITY COUNCIL MINUTES 6280
Consent Agenda (continued)
23. Year-End Budget Adjustment for FY 2022 (FN)
Resolution No. NS-30,063 was adopted amending the FY 2022 budget where annual revenues and expenditures need adjustments in various funds.
24. SEIU Local 521 Tentative Agreement for a Successor Memorandum of Understanding (HR)
Resolution No. NS-30,064 was adopted approving a Tentative Agreement with SEIU Local 521 effective October 1, 2022 through October 10, 2025.
25. Supervisors Unit of the City of Santa Cruz Memorandum of Understanding (HR) Resolution No. NS-30,065 was adopted approving a tentative agreement with the Supervisor Unit Association of the City of Santa Cruz effective November 12, 2022 through December 5, 2025.
26. Office of Traffic Safety Selective Traffic Enforcement Program – Grant Acceptance (#PT23069) (PD)
Resolution No. NS-30,066 was adopted amending the FY 2023 budget and authorizing the acceptance and appropriation of funds from the Office of Traffic Safety for the Selective Traffic Enforcement Program. The City Manager is hereby authorized and directed to execute the contact and agreements associated with the acceptance of this grant.
27. Award Contract for Sewer Cleaner Combination Truck - Budget Adjustment (PW)
Motion carried to:
1) Award a contract for the purchase of one replacement Sewer Cleaner Combination Truck from Owen Equipment (Fairfield, CA), in the amount of $595,077.10; and
2) Adopt Resolution No. NS-30,067 to amend the FY 2023 budget and appropriate funds in the amount of $595,077.10 from the Wastewater Fund to purchase the sewer cleaner combination truck.
November 15, 2022 CITY COUNCIL MINUTES 6281
Consent Agenda (continued)
28. SCRRF Green and Wood Waste Processing Services – Authorization to Advertise and Award (PW)
Motion carried approving the specifications for the Santa Cruz Resource Recovery Facility (SCRRF) Green and Wood Waste Processing Services and authorizing 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. The Public Works Director is authorized to execute change orders within the approved project budget.
29. FEMA Building Resilient Infrastructure and Communities (BRIC) Grant – Authorization for Application for Grant Funds for Pump Station No. 1 Improvements (PW)
Resolution No. NS-30,068 was adopted authorizing the City Manager to apply for the 2022 Federal Emergency Management Agency’s (FEMA) Building Resilient Infrastructure and Communities (BRIC) Grant for improvements to Pump Station No. 1.
30. Santa Cruz High School Parking (PW)
Assistant Director of Public Works/City Engineer N. Nguyen responded to Councilmember questions.
Mayor Brunner opened the public comment period. There were no speakers.
Mayor Brunner closed the public comment period.
MOTION: Councilmember Cummings moved, seconded by Councilmember Kalantari-Johnson, to direct staff to:
Continue working with Santa Cruz High School to address weekday parking issues,
Return to Council on or before the second meeting in April with an update, and
Encourage Santa Cruz City Schools to explore transportation demand management programs.
November 15, 2022 CITY COUNCIL MINUTES 6282
Consent Agenda (continued)
30. Santa Cruz High School Parking (PW) (continued)
ACTION: The motion carried with the following vote.
AYES: Councilmembers Kalantari-Johnson, Cummings, Brown, Meyers; Vice Mayor Watkins; Mayor Brunner.
NOES: None.
ABSENT: Councilmember Golder.
DISQUALIFIED: None.
31. Downtown Intersection Improvements (c401903) – Concept Striping Plan (PW) Motion carried to approve the concept striping plan for the Downtown Intersection Improvements (c401903) project along Front Street between Laurel Street and Soquel Avenue.
32. Beltz 12 Phase I Ammonia Removal Improvements Project – Approval of CEQA Exemption, Plans and Specifications and Authorization to Advertise for Bids and Award Contract (WT)
Motion carried to approve the Plans and Specifications for the Beltz 12 Phase I Ammonia Removal Improvements Project (c720203), authorize staff to advertise for bids and the Water Director to execute change orders within the approved project budget, and find the Project exempt under the California Environmental Quality Act. The City Manager is hereby authorized and directed to execute the contract as authorized by Resolution No. NS-27,563.
33. Soquel Avenue Water Main Replacement Project – Approval of CEQA Exemption, Plans and Specifications, and Authorization to Advertise and Award Contract (WT)
Motion carried to approve plans and specifications for the Soquel Avenue Water Main Replacement Project, authorize staff to advertise for bids, and authorize the Water Director to execute change orders within the approved project budget and find the Project exempt under the California Environmental Quality Act. The City Manager is hereby authorized and directed to execute the contract as authorized by Resolution No. NS-27,563.
November 15, 2022 CITY COUNCIL MINUTES 6283
Consent Agenda (continued)
34. Water Supply Augmentation Strategy, Aquifer Storage and Recovery Demonstration Study in Beltz Wells 8 &12, Pueblo Water Resources Professional Service Contract (WT)
Motion carried authorizing the City Manager to execute an agreement in the amount of $141,023 with Pueblo Water Resources of Ventura, CA for Aquifer Storage and Recovery Demonstration Study in Beltz Wells 8 & 12 in a form to be approved by the City Attorney and authorizing the Water Director to execute amendments within the approved project budget.
End Consent Agenda
Council took a break at 2:47 p.m. and returned at 3:02 p.m.
Consent Public Hearings
Mayor Brunner opened the public comment period. There were no speakers. Mayor Brunner closed the public comment period.
MOTION: Vice Mayor Watkins moved, seconded by Councilmember Cummings, to approve the Consent Public Hearing Agenda.
ACTION: The motion carried with the following vote.
AYES: Councilmembers Kalantari-Johnson, Cummings, Brown, Meyers; Vice Mayor Watkins; Mayor Brunner.
NOES: None.
ABSENT: Councilmember Golder.
DISQUALIFIED: None.
35. 2nd Reading and Final Adoption of Ordinance No. 2022-13 Amending Building Regulations Contained in Title 18 of the Santa Cruz Municipal Code and Adopting the California Code of Regulations Title 24, 2022 Building Standards Code to Establish Minimum Requirements to Safeguard Public Health, Life, Safety and General Welfare (PL)
Motion carried to adopt Ordinance No. 2022-13 amending Title 18 of the Municipal Code and adopting the 2022 editions of the California Building Standards Code, California Code of Regulations Title 24, Parts 1, 2, 2.5, 3, 4, 5, 6, 8, 10, 11, and 12, including referenced appendices, amendments, and modifications.
November 15, 2022 CITY COUNCIL MINUTES 6284
Consent Public Hearings (continued)
36. 2nd Reading and Final Adoption of Ordinance No. 2022-14 Adopting the 2022 Edition of the California Fire Code and Fire Code Standards, Including Annual Supplements and State Amendments and Errata (FD)
Motion carried to adopt Ordinance No. 2022-14 to (1) amend Santa Cruz Municipal Code Chapter 19.05 to adopt and incorporate by reference the 2022 edition of the California Fire Code and make other amendments; and (2) amend Santa Cruz Municipal Code Chapter 19.10.
37. A22-0004: Amendment to Section 24.12.1310 of Santa Cruz Municipal Code Title 24 - Zoning Ordinance to Allow Cannabis Retail Deliveries to the City from Legal Retail Delivery Businesses Located within any Jurisdiction within Santa Cruz County (PL)
Introduce for publication Ordinance No. 2022-17 amending Section 24.12.1310 of Santa Cruz Municipal Code Title 24, to allow cannabis retail deliveries to the City from legal retail delivery businesses located within any jurisdiction within Santa Cruz County.
38. 2nd Reading and Final Adoption of Ordinance No. 2022-16 Permanent Outdoor Dining Program: Amending Uncodified Ordinance 2020-27 Extending Temporary Use of Certain Adjacent Public Street and Outdoor Areas for Eligible Businesses (ED)
Motion carried to adopt Ordinance No. 2022-16, including the revisions provided by staff to extend the expiration from March 31, 2023 to October 31, 2023, and remove the line, “Temporary Use in Public Right-of-Way: shall expire on March 31, 2023,” amending uncodified Ordinance No. 2020-27 extending temporary use of certain adjacent public street and outdoor areas for eligible businesses that:
a) Extends the temporary period for commercial use in the public right-ofway, currently set to expire the end of this December through October 31, 2023; and
b) Extends the temporary period for commercial use on private property from the end of this December through March 31, 2024; and c) Extends the expiration date to March 31, 2023 for the partial closure of Cathcart Street.
November 15, 2022 CITY COUNCIL MINUTES 6285
Public Hearing
39. Permanent Outdoor Dining Program Update: Second Reading of Ordinance No. 2022-15 Related to Public On-street Parking Spaces, Adoption of a Resolution Establishing the Parklet Fee Schedule, Adoption of a Resolution Establishing the Parklet Guidelines, and Review the Pre-Approved Parklet Designs (ED) Economic Development Manager R. Unitt and Director of Economic Development B. Lipscomb gave a presentation and responded to Councilmember questions.
Mayor Brunner opened the public comment period. The following person spoke.
Unidentified person
Mayor Brunner closed the public comment period.
MOTION: Councilmember Kalantari-Johnson moved, seconded by Mayor Brunner, to:
Adopt Ordinance No. 2022-15 establishing a permanent parklet program citywide; and
Adopt Resolution No. NS-30,069 establishing the Parklet Fee Schedule; and Adopt Resolution No. NS-30,070 adopting the Parklet Guidelines.
ACTION: The motion carried with the following vote.
AYES: Councilmembers Kalantari-Johnson, Cummings, Brown, Meyers; Vice Mayor Watkins; Mayor Brunner.
NOES: None.
ABSENT: Councilmember Golder.
DISQUALIFIED: None.
Recess - The City Council recessed at 3:41 p.m. to the 6:00 p.m. session.
November 15, 2022 CITY COUNCIL MINUTES 6286
City Council
6:00 PM
Call to Order – Mayor Brunner called the meeting to order at 6:00 p.m. in Council Chambers.
Roll Call
Present: Councilmembers Kalantari-Johnson, Golder, Cummings, Brown, Meyers (via Zoom); Vice Mayor Watkins; Mayor Brunner.
Absent: None.
Staff: City Manager M. Huffaker, City Attorney T. Condotti, Assistant City Manager L. Schmidt (via Zoom), Director of Planning and Community Development L. Butler, Chief of Police B. Escalante (via Zoom), Finance Director E. Cabell (via Zoom), Director of Information Technology K.
Morgan (via Zoom), Fire Chief R. Oatey (via Zoom), Director of Parks and Recreation T. Elliot (via Zoom), Senior Planner S. Neuse (via Zoom), Superintendent of Parks T. Beck (via Zoom), Urban Forester L. Keedy (via Zoom), Assistant Director of Public Works/City Engineer N. Nguyen (via Zoom), 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 6:00 p.m. Mayor Brunner opened Oral Communications for members of the public who wished to speak regarding items not listed on the City Council agenda.
Unidentified person spoke regarding the November 2022 election results.
Elise spoke regarding the Downtown Library Project.
Sam Hughes spoke regarding the Teacher’s Assistants strike happening at UCSC, the cost of housing in Santa Cruz, and asking Council to meet with the UCSC Chancellor, and join the students at their picket.
Isadora spoke regarding the strike happening at UCSC, asking Council to urge the University to make good faith negotiations with the Teacher’s Assistants.
November 15, 2022 CITY COUNCIL MINUTES 6287
Oral Communications (continued)
C.J. Hunt spoke regarding the strike happening at UCSC, and asking Council to speak in opposition to how the university is treating the Teacher’s Assistants.
Unidentified person spoke regarding Measure O in response to a previous caller’s statements.
Peter Bichier spoke regarding the San Lorenzo Park Restoration Project and Benchlands encampment closure, and the benefits it will have on the Lower Ocean and Beach Flats communities.
Rafa Sonnenfeld spoke regarding housing affordability and asked Council to better educate the community on state law and work to achieve a compliant housing element.
Kyle Kelley spoke regarding housing and the number of students that graduate high school every year in relation to the housing built each year and the displacement this causes due to lack of housing.
Anne Segal spoke regarding an appeal hearing that is scheduled on November 29th, asking Council to reschedule the hearing.
Susan [unintelligible last name] spoke regarding building affordable housing and bonus density.
Unidentified person spoke regarding student housing.
At 6:30 p.m. Mayor Brunner closed Oral Communications.
November 15, 2022 CITY COUNCIL MINUTES 6288
Public Hearing
40. Amendments to Municipal Code Titles 6, 12, 13, 15, 16 and 24 Related to Objective Development Standards for Multi-Family Housing, New Mixed-Use Zoning Districts, Development Review Process Changes, Street Trees, Right-ofWay Improvements, and the Water Efficient Landscape Ordinance; Associated Updates to the Zoning Map; and Establish In-Lieu Fees for Street Tree Removals (File No. FP20-0002) and Additional Modifications to Municipal Code Title 24 to Clarify and Update Various Code Sections Related to Wireless Communication Facilities, Accessory Structures, Fences, and Other Minor Updates; Remove Obsolete Sections and References; Streamline Application Processes; and Bring the Zoning Ordinance into Conformity with State Law, also Rezoning Parcels of Property throughout the City to Reflect Existing General Plan Land Use Allowances. Changes Include Some Amendments to the Local Coastal Program or Its Implementation Plan that Require Subsequent Coastal Commission Approval. (File Nos. A22-0002 and A22-0003) (PL)
Director of Planning and Community Development L. Butler introduced the item and responded to Councilmember questions.
Senior Planner S. Neuse and Superintendent of Parks T. Beck gave a presentation and responded to Councilmember questions.
Mayor Brunner opened the public comment period. The following people spoke.
Rafa Sonnenfeld
Kate Achilles
Henry Hooker
Emma
Unidentified person
Kevin Stierhuff
Unidentified person
Elise Casby
Unidentified person
Gary Patton
Kyle Kelley
Candace Brown
Zennon Ulyate-Crow
Unidentified person
Mayor Brunner closed the public comment period.
Urban Forester L. Keedy and Assistant Director of Public Works/City Engineer N. Nguyen responded to Councilmember questions.
November 15, 2022 CITY COUNCIL MINUTES 6289
Public Hearing (continued)
40. Objective Standards (PL) (continued)
MOTION: Councilmember Meyers moved, seconded by Councilmember Brown, to:
1) Remove 111, 113, 115, and 119 Leonard Street from zoning map amendments.
2) Direct staff to initiate a planning process through the Ocean Street Area Plan, Housing Element update, and Downtown Expansion Plan, to study 111, 113, 115, and 119 Leonard Street parcels, with the goal of reducing the residential density and eliminating commercial use for those three parcels, and accommodate the lost residential density in another area, as required by state law.
3) Direct staff to return to Council at the January 24, 2023 meeting with a project schedule for the planning process for the planning outcomes. Within one year of initiation, provide a report on the project schedule and return to Council for potential direction to pursue the option of a General Plan amendment if the 3-part planning process described in #2 has begun to experience an extended timeline unforeseen by staff.
FRIENDLY AMENDMENT: Vice Mayor Watkins requested to amend #2 with the underlined amendment, “Direct staff to initiate a planning process through the Ocean Street Area Plan, Housing Element update, and Downtown Expansion Plan, to study 111, 113, 115 and 119 Leonard Street parcels, with the goal of designating the parcels as low-medium residential density and eliminating commercial use for those three parcels, and accommodate the lost residential density in another area, as required by state law.” Councilmembers Meyers and Brown accepted.
ACTION: The motion, as amended, carried unanimously with the following vote.
AYES: Councilmembers Kalantari-Johnson, Golder, Cummings, Brown, Meyers; Vice Mayor Watkins; Mayor Brunner.
NOES: None.
ABSENT: None.
DISQUALIFIED: None.
November 15, 2022 CITY COUNCIL MINUTES 6290
Public Hearing (continued)
40. Objective Standards (PL) (continued)
MOTION: Vice Mayor Watkins moved, seconded by Councilmember Kalantari-Johnson, to:
1) Introduce for publication Ordinance No. 2022-18 making the amendments to the Santa Cruz Municipal Code for code sections not included in the Local Coastal Program or Implementation Plan; and
2) Introduce for publication Ordinance No. 2022-19 making the amendments to the Santa Cruz Municipal Code, for code sections included in and making modifications to the Local Coastal Program or Implementation Plan, and in doing so, select Option 3 (hybrid) as the policy governing a requirement for public hearings for conforming residential and mixed-use projects; and 3) Introduce for publication Ordinance No. 2022-20 making the proposed amendments to the zoning map, as stated in the ordinance and as shown in the associated map exhibit and parcels list for parcels inside the Coastal Zone, which represent changes to the Local Coastal Program Implementation Plan; and
4) Introduce for publication Ordinance No. 2022-21 making the proposed amendments to the zoning map, as stated in the ordinance and as shown in the associated map exhibit and parcels list for parcels outside the Coastal Zone, as amended; and
5) Adopt Resolution No. NS-30,071 establishing a new in-lieu fee requirement for street tree removals; and
6) Adopt Resolution No. NS-30,072 establishing mitigation requirements for the removal of a heritage tree or heritage shrub, and rescinding Resolution No. NS-28,707.
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Public Hearing (continued)
40. Objective Standards (PL) (continued)
SUBSTITUTE MOTION: Councilmember Cummings moved, seconded by Councilmember Brown, to:
1) Introduce for publication Ordinance No. 2022-18 making the amendments to the Santa Cruz Municipal Code, for code sections not included in the Local Coastal Program or Implementation Plan with amendments to the select sections to include the following language underlined below:
24.08.1345 Establishing Low- and Moderate-Income Occupancy The applicant shall arrange for the appropriate government agency to verify the rent that was charged the last time the unit was occupied.
Affordability will be determined based on whichever (tenant income or rent) is lowest.
1(a)(3) In the event that a tenant’s income is not verified, or the last rent charged cannot be verified, the assumption shall be made that the unit is occupied by a low- and moderate-income household. 1(b)(2) The applicant shall arrange to have the Public Housing Authority (PHA) verify the income of said tenants and arrange to have the appropriate government agency to verify the rent that was charged the last time the unit was occupied, for the purposes of establishing lowand moderate-income housing units. 1(b)(3) In the event that the most recent tenant cannot be located or identified, and/or the last rent charged cannot be determined, the assumption shall be made that the unit was occupied by a low- and/or moderate-income household.
24.08.1350 Relocation Assistance
Relocation assistance shall be defined as two months’ rent at an equivalent market rate and the equivalent market rate security deposit.
24.08.1360 Replacement Housing Requirements
1a. The basic requirement is that fifty percent 100% of all low- or moderate-income bedrooms demolished or converted shall be replaced either on site, or elsewhere in the City of Santa Cruz, or a combination of both.
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Public Hearing (continued)
40. Objective Standards (PL) (continued)
SUBSTITUTE MOTION (continued):
1e. The basic fifty percent 100% bedroom replacement requirement represents a determination of financial feasibility: that being, a greater percentage would render most projects economically infeasible. In the R-T Districts, however, due to greater allowable densities, the one hundred percent bedroom replacement requirement is determined to be feasible. In the C Districts, due to greater allowable use intensities resulting from the possibility to do both commercial and residential development without one reducing the other, the one hundred percent bedroom replacement requirement is determined to be feasible. could utilize section 8 housing vouchers to cover the market rate costs for providing the subsidized units and make projects feasible.
Section 24.16.020.9 Basic On-site Inclusionary Housing Requirement
9. For purposes of calculating the number of inclusionary units required by this section, any dwelling units authorized as a density bonus pursuant to Part 3 of this chapter shall not be counted as part of the residential development. However, if a developer receives a city rental housing bonus as authorized by Section 24.16.035(4), then all of the dwelling units in the project, including the dwelling units authorized as a density bonus, shall be counted as part of the residential development for purposes of calculating the inclusionary units required by this section. Projects with a 30 percent density bonus shall have a 25 percent inclusionary requirement. Projects with a 50 percent density bonus shall have a 30 percent inclusionary requirement.
2) Direct staff to agendize an item at a future meeting to amend the Santa Cruz Municipal Code Sections 15.20.210, 15.20.220, and 13.30.060 to consider making the City be the responsible party for damage to private property caused by City Street trees.
3) Direct staff to bring back an ordinance for consideration amending the Zoning Map, excluding changes to the zoning designations along the major transportation corridors except to conform to the specific density and floor area ratio designations in the General Plan.
November 15, 2022 CITY COUNCIL MINUTES 6293
Public Hearing (continued)
40. Objective Standards (PL) (continued)
SUBSTITUTE MOTION (continued):
4) Introduce for publication Ordinance No. 2022-19 making the amendments to the Santa Cruz Municipal Code, for code sections included in and making modifications to the Local Coastal Program or Implementation Plan, and in doing so, select option 2 (Conforming Hearings) as the policy governing a requirement for public hearings for conforming residential and mixed-use projects.
ACTION: The substitute motion was not accepted with the following vote.
AYES: Councilmembers Cummings, Brown.
NOES: Councilmembers Kalantari-Johnson, Golder, Meyers; Vice Mayor Watkins; Mayor Brunner.
ABSENT: None.
DISQUALIFIED: None.
ACTION: The original motion carried with the following vote.
AYES: Councilmembers Kalantari-Johnson, Golder, Meyers; Vice Mayor Watkins; Mayor Brunner.
NOES: Councilmembers Cummings, Brown.
ABSENT: None.
DISQUALIFIED: None.
Adjournment - The City Council adjourned at 9:56 p.m.
RESPECTFULLY SUBMITTED: ss/Julia Wood, Deputy City Clerk Administrator, ATTEST: ss/Bonnie Bush, City Clerk Administrator, APPROVED: ss/Sonja Brunner, Mayor.