City of Santa Cruz
809 Center Street
Santa Cruz, California 95060
MINUTES OF A CITY COUNCIL MEETING
March 12, 2024
12:00 PM
Mayor Keeley opened the City Council Closed Session at 12:02 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, City Attorney T. Condotti, Director of Economic Development and Housing B. Lipscomb, Deputy City Clerk Administrator J. Wood, City Clerk Administrator B. Bush.
Public Comment
Mayor Keeley opened the public comment period at 12:03 p.m. There were no speakers. Mayor Keeley closed the public comment period at 12:03 p.m.
Statements of Disqualification – Councilmember Brunner announced she will be recusing herself from items 3.4 and 3.5, as it relates to her employment.
The meeting was closed to the public at 12:05 p.m. and Council adjourned to the Courtyard Conference Room.
March 12, 2024 CITY COUNCIL MINUTES 6754
Closed Session (continued)
1. Conference With Legal Counsel – Liability Claims (Government Code §54956.95) 1) Claimant: Robert David Worel
2) Claimant: Sean M. Bergman
3) Claimant: Lisa Foster
Claims against the City of Santa Cruz
Council received a status report, took up under agenda item 16, and took no reportable action.
2. Conference with Legal Counsel – Existing Litigation (Government Code §54956.9(d)(1))
Alicia Lopez v. Mary McCoy, et al.
(Santa Cruz County Superior Court Case No. 18CV03301)
Council received a status report, and took no reportable action.
3. Real Property Negotiations (Government Code §54956.8) 1) Property: 25 Municipal Wharf
APN: 007-341-01
Owner: Mark Gilbert dba Firefish
City Negotiator: Bonnie Lipscomb
Negotiating Parties: City of Santa Cruz and Mark Gilbert Under Negotiation: Price, terms of payment, or both
2) Property: 55 Municipal Wharf B, C, D
APN: 007-381-01
Owner: Debra Szecsei dba Vino Locale
City Negotiator: Bonnie Lipscomb
Negotiating Parties: City of Santa Cruz and Debra Szecsei Under Negotiation: Price, terms of payment, or both
3) Property: 55 Municipal Wharf B, C, D
APN: 007-381-01
Owner: Ana Wold and Josh Taylor dba Vino by the Sea, Inc.
City Negotiator: Bonnie Lipscomb
Negotiating Parties: City of Santa Cruz and Ana Wold
Under Negotiation: Price, terms of payment, or both
March 12, 2024 CITY COUNCIL MINUTES 6755
Closed Session (continued)
3. Real Property Negotiations (Government Code §54956.8) (continued) 4) Property: 110 Cedar Street
APN: 005-042-14
Owner: Paul and Kim, Inc. dba Mandarin Gourmet
City Negotiator: Bonnie Lipscomb
Negotiating Parties: City of Santa Cruz and Paul Hui
Under Negotiation: Price, terms of payment, or both
5) Property: 302 and 326 Front Street
APNs: 005-151-48 and 005-151-35
Owner: City of Santa Cruz
City Negotiator: Bonnie Lipscomb
Negotiating Parties: City of Santa Cruz and SCFS Venture LLC.
Under Negotiation: Price, terms of payment, or both
Council received a status report from the City Negotiator, and took no reportable action. Councilmember Brunner left Closed Session and recused herself from items
3.4—3.5.
City of Santa Cruz
809 Center Street
Santa Cruz, California 95060
MINUTES OF A CITY COUNCIL MEETING
March 12, 2024
1:15 PM
Call to Order – Mayor Keeley called the meeting to order at 1:19 p.m. in Council Chambers.
Roll Call
Present: Councilmembers Newsome, Brown, Watkins, Brunner, KalantariJohnson; Vice Mayor Golder; Mayor Keeley.
Absent: None.
Staff: City Manager M. Huffaker, Assistant City Manager L. Schmidt (via Zoom), City Attorney T. Condotti, Chief of Fire R. Oatey, Director of Planning and Community Development L. Butler, Chief of Police B. Escalante, Director of Parks and Recreation T. Elliot, Director of Economic Development and Housing B. Lipscomb (via Zoom), Director of Information Technology K. Morgan (via Zoom), Deputy City Manager L.
Murphy, Director of Public Works N. Nguyen (via Zoom), People Officer S. De Leon (via Zoom), Principal Management Analyst J. Mellor, Housing and Community Development Manager J. de Wit, Senior Planner T.
Maier, Homelessness Response Manager L. Imwalle, Parking Program Manager G. Hussey, Deputy City Attorney S. Duck, Principal Management Analyst L. Bass, 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 1:20 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.
Unidentified person spoke regarding United Way of Santa Cruz and the 2-1-1 phone line and outlined the work their organization has done this year.
March 12, 2024 CITY COUNCIL MINUTES 6757
Oral Communications (continued)
Hector Azpilcueta spoke on behalf of Unite Here! representing restaurant and hospitality workers regarding a hotel being built on City-owned land.
Unidentified person spoke regarding a letter from the Mayor to the Sentinel about a housing shortage.
Martha Hernandez spoke regarding the definition of “affordable housing,” and in opposition to the City selling land for hotel development instead of affordable housing.
Celica Valdez spoke regarding Santa Cruz selling public land for hotel development, as opposed to using it for affordable housing.
Luis Olive spoke regarding the cost of rent in Santa Cruz and affordable housing.
Unidentified person spoke in opposition to making West Cliff Drive a one-way road.
Nat Young spoke in opposition to making West Cliff Drive a one-way road.
Unidentified person spoke in opposition to making West Cliff Drive a one-way road and provided statistics of his personally conducted surveys of vehicles, pedestrians, and cyclists that utilize West Cliff Drive.
Anthony Ruffo spoke in opposition to making West Cliff Drive a one-way road and a petition that is circulating to keep it a two-way road.
Unidentified person spoke regarding a conversation he had with the Sheriff, the County Board meeting, and read from a book.
Unidentified person spoke regarding parking boats on the street.
At 1:44 p.m. Mayor Keeley closed Oral Communications.
Presentations
4. Outgoing Delegation to Shingu
Linda Snook, Chair of the Sister Cities Committee, spoke and introduced the youth delegates who are traveling to visit the Sister City of Shingu, Japan.
March 12, 2024 CITY COUNCIL MINUTES 6758
Presentations (continued)
5. Parking for Hope Check Presentation
Councilmember Brunner spoke and presented a check on behalf of the City to the Downtown Association’s Parking for Hope Program.
6. Santa Cruz Mountains Trail Stewardship 2023 Annual Report Emma Ussat, Trails Program Manager with Santa Cruz Mountains Trail Stewardship, gave a presentation.
Presiding Officer's Announcements – Mayor Keeley spoke, thanking the local voters, candidates, and County and City election workers, and then called on Councilmember Kalantari-Johnson who announced March 19, 2024 is Nowruz, the Persian New Year.
Mayor Keeley thanked City workers including first responders, and Public Works and Water Department staff who work with those experiencing homelessness.
Statements of Disqualification – None.
Additions and Deletions – None.
City Attorney Report on Closed Session – See pages 6754—6755 for the report.
Council Meeting Calendar
7. The City Council reviewed and did not revise the meeting calendar attached to the agenda.
Consent Agenda
Councilmember Brunner made a comment on item 10.
Councilmember Kalantari-Johnson made a comment on item 13.
Vice Mayor Golder made a comment on item 13.
Councilmember Watkins made a comment on items 13 and 14.
Councilmember Brown made a comment on items 10, 13, and 14.
Councilmember Newsome made a comment on item 10.
Mayor Keeley made a comment on item 13.
March 12, 2024 CITY COUNCIL MINUTES 6759
Consent Agenda (continued)
Mayor Keeley opened the public comment period. The following people spoke:
James Ewing Whitman spoke regarding items 9 and 13.
Unidentified person spoke regarding item 10.
Unidentified person spoke regarding item 13.
Mayor Keeley closed the public comment period.
MOTION: Vice Mayor Golder moved, seconded by Councilmember KalantariJohnson, 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. Resolution Extending the Emergency Declaration in Connection with the December 2022 and January 2023 Winter Storms (CA/CM)
Resolution No. NS-30,296 was adopted extending by sixty days the Local Emergency Declaration in connection with the December 2022 and January 2023 winter storms.
9. Minutes of the February 27, 2024 City Council Meeting (CC) Motion carried to approve as submitted.
10. Authorization for Application and Acceptance of Prohousing Incentive Program Funds (CM)
Resolution No. NS-30,297 was adopted authorizing the City Manager to apply for and accept the Prohousing Incentive Program Funds and, if awarded, to execute any agreement(s) or documents in a form to be approved by the City Attorney, and to take any other actions necessary for implementation of the grant-funded project.
March 12, 2024 CITY COUNCIL MINUTES 6760
Consent Agenda (continued)
11. City of Santa Cruz: Local Hazard Mitigation and Climate Adaptation Plan Integration and Update - Budget Adjustment (CM)
Resolution No. NS-30,298 was adopted amending the FY 2024 budget for the use of $190,000 from the Federal Emergency Management Agency (FEMA) Hazard Mitigation Grant Program (HMGP) fund to complete the Local Hazard Mitigation and Climate Adaptation Plan Integration and Update.
12. Resolution Requesting that the State of California Department of Transportation (CalTrans) Restrict Parking along State Highway 9 (CM/PR) Resolution No. NS-30,299 was adopted requesting that the State of California Department of Transportation (CalTrans) restrict parking along State Highway
9. 13. Proposed Expansion of Marine-Protected Areas, and Removal of One-Mile Buoy (CN)
Motion carried to:
Oppose, unless amended, the petition pending at the California Fish and Game Commission to modify the California Marine Protected Areas Network to enhance protections for California’s kelp forests;
Oppose the proposed action by the United States Coast Guard to remove the One-Mile Buoy; and
Direct the Mayor to convey the position of the City of Santa Cruz on these two items, to the appropriate legislative delegation, and to the California Fish and Game Commission, Marine Resources Committee.
14. Support for Establishing a Regional Program of All-Inclusive Care for the Elderly (PACE) to Provide High-Quality Health Care Services to Low-Income Seniors (CN)
Motion carried to direct the Mayor to send a letter to the California Department of Health Care Services in support of GoldenPACE Health’s application to establish a regional Program of All-Inclusive Care for the Elderly (PACE) for Santa Cruz, San Benito, and Monterey Counties, as outlined in the agenda report.
March 12, 2024 CITY COUNCIL MINUTES 6761
Consent Agenda (continued)
15. Approve the Purchase of Seven (7) Physio-Control LifePak 15 Heart Monitor Electrocardiogram (EKGs) (FD)
Motion carried to:
Approve the purchase of Seven (7) Physio-Control LifePak 15 Heart Monitor Electrocardiogram (EKGs), charging and accessory packages for a total cost of $191,776; and
Adopt Resolution No. NS-30,300 to transfer $106,000 from the City of Santa Cruz Fire Department Public Safety Impact Fee Fund 217 into the FY 2024 budget to cover a portion of the purchase of the equipment, with the remainder allocated from Fire’s FY 2024 operating budget, and to authorize the appropriation of funds for the purchase of EKGs through the Santa Cruz County Emergency Medical Services Integration Authority (EMSIA).
16. Liability Claims Filed Against the City of Santa Cruz (FN) Motion carried to, based on staff recommendation:
1) Reject the claim of Robert David Worel;
2) Return as late, the claim of Sean M. Bergman; and
3) Deny application by Lisa Foster for leave to present a late claim.
March 12, 2024 CITY COUNCIL MINUTES 6762
Consent Agenda (continued)
17. University Tank No. 4 Replacement Project (c701505) – Approval of Plans and Specifications and Authorizing to Advertise for Bids and Award of Contract (WT) Motion carried to:
Approve the plans and specifications for the University Tank No. 4 Replacement Project (c701505) and authorize staff to advertise for bids and the City Manager, or designee, is hereby authorized and directed to execute the contract in a form approved by the City Attorney and as authorized by Resolution No. NS-27,563;
Authorize the City Manager, or designee, to execute a Work Agreement and Grant of Easement and Agreement between the City of Santa Cruz and Regents of the University of California in a form approved by the City Attorney;
Find the University Tank No. 4 Replacement Project exempt under the California Environmental Quality Act and allow staff to file a formal Notice of Exemption; and
Authorize the Water Director to approve change orders for the University Tank No. 4 Replacement Project for amounts that are within the approved budget.
18. Purchase of Real Property Necessary for Brackney Landslide Area Pipeline Risk Reduction Project: Assessor’s Parcel Number 072-174-07, Owned by Shane M.
Kavanagh and Cassondra T. Kavanagh (WT)
Resolution No. NS-30,301 was adopted authorizing and directing the City Manager or his designee to execute a purchase sale agreement, in a form approved by the City Attorney, between the City of Santa Cruz and Shane M.
Kavanagh and Cassondra T. Kavanagh for the easements located in Ben Lomond, CA near Highway 9 between Glen Arbor Road and Brackney Road for a permanent easement and two temporary easements on APN 072-174-07 for the Brackney Landslide Area Pipeline Risk Reduction Project.
End Consent Agenda
March 12, 2024 CITY COUNCIL MINUTES 6763
Public Hearings
19. 2024-2025 U.S. Department of Housing and Urban Development (HUD) Annual Action Plan and Amendment to the Citizen Participation Plan (ED) Principal Management Analyst J. Mellor and Housing and Community Development Manager J. de Wit gave a presentation and responded to Council questions.
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 Kalantari-Johnson, to:
Accept the staff funding recommendations for the 2024-2025 U.S.
Department of Housing and Urban Development (HUD) Annual Action Plan for both Community Development Block Grant (CDBG) and Home Investment Partnerships Program (HOME), with the following amendment:
Approve moving $20,000 from the 100% Affordable Library and Housing Project to the HOME Security Deposit Program, bringing that total to $100,000. If the Housing Authority is unable to do so, the $20,000 will remain with the 100% Affordable Library and Housing Project and the approved amount for HOME Security Deposit Program would be $80,000, and the 100% Affordable Library and Housing Project would be $1,675,656.
Amend the Citizen Participation Plan (CPP) to reflect the required 30-day comment period for amendments to Annual Action Plans and Consolidated Plans as well as clarifying copies of these amendments will be submitted to HUD via their online submittal system.
ACTION: The motion carried unanimously with the following vote.
AYES: Councilmembers Newsome, Brown, Watkins, Brunner,
Kalantari-Johnson; Vice Mayor Golder; Mayor Keeley.
NOES: None.
ABSENT: None.
DISQUALIFIED: None.
Council took a break at 2:52 p.m. and returned at 3:05 p.m.
March 12, 2024 CITY COUNCIL MINUTES 6764
Public Hearings (continued)
20. Citywide in the Coastal Zone (Application No. CP23-0176) – Appeal of the Planning Commission’s Approval of a Coastal Permit for Continued Implementation of the Oversized Vehicle Ordinance in the Coastal Zone, Initially Implemented Pursuant to Conditions of Approval of Coastal Development Permit (CDP) A-3-STC-22-0018 Approved by the California Coastal Commission. The appealed Planning Commission Approval: (1) Authorizes the City to Continue Implementation of Ordinance No. 2021-20, as Amended by Ordinance No. 2023-08 and Codified in Municipal Code Sections 10.04.065,
10.04.085, 10.04.104, 10.04.106, 10.04.165, 10.40.120, 10.41.060, and
16.19.070, Including, but not Limited to, Restrictions on Overnight Parking of Oversized Vehicles (“OVs”) and a Prohibition Against Parking of Unattached Trailers; (2) Provides for Continued Operation of the City’s Safe Parking Program; and (3) Accommodates Potential Future Minor Modifications to the City’s Safe Parking Program and OV Regulations, Including Potential Modifications to its OV Residential Parking Permit Program. Location:
Throughout the Coastal Zone. CEQA: Not a project Pursuant to CEQA Section 15378; Statutory Exemptions, categorical exemptions, and general rule/common sense exemption. Applicant: City of Santa Cruz (PL) Senior Planner T. Maier and Director of Planning and Community Development L. Butler gave a presentation and responded to Council questions.
Appellants Joy Schendledecker and Reggie Meisler spoke.
Homelessness Response Manager L. Imwalle responded to Council questions.
Chief of Police B. Escalante responded to Council questions.
At 4:20 p.m., Mayor Keeley paused this item to hear item #4 and returned to item #20 at 4:33 p.m.
Mayor Keeley opened the public comment period. The following people spoke.
Margaret Gannon
Karl James Fox
Unidentified person
Serge Kagno
Robert Norse
Unidentified person
Mayor Keeley closed the public comment period.
Appellant Reggie Meisler provided a rebuttal.
March 12, 2024 CITY COUNCIL MINUTES 6765
Public Hearings (continued)
20. Planning Commission OVO Appeal (PL) (continued)
MOTION: Councilmember Kalantari-Johnson moved, seconded by Vice Mayor Golder, to:
1) Adopt Resolution No. NS-30,302 to deny the appeal and uphold the Planning Commission’s acknowledgement of the environmental determination and approval of the Coastal Permit, based on the findings listed in the resolution and the Conditions of Approval, with the following additions to the conditions:
OVO outreach documents, including the City’s website regarding the Oversized Vehicle Ordinance, shall indicate the following: Oversized vehicle overnight parking space is available. If oversized vehicle overnight parking space fills up, eligible applicants will be given an onstreet permit, which will protect the vehicle from being ticketed under Santa Cruz Municipal Code (SCMC) 10.40.120(a) (prohibition against oversized vehicle on-street parking from 12:00 AM—5:00 AM). Continue to maintain an easily accessed disability grievance/reasonable accommodation process to consider reasonable accommodations for those with disabilities.
Motorized vehicles with attached trailers are eligible for participation in the Tier 2 safe parking program.
The OVO website and the outreach materials or tickets themselves will include information identifying that payment plans are available for OVO tickets.
The City shall conduct proactive outreach to those living in oversized vehicles, including 1) provision of information regarding the City’s Safe Parking programs and how to register, and 2) the manner by which one may submit a disability accommodation request to the City. The City shall recommend that any hearing officer overseeing parking ticket appeals should waive any OVO parking tickets received within a 72-hour period during which time the appellant provides evidence that their vehicle was disabled and unable to relocate.
March 12, 2024 CITY COUNCIL MINUTES 6766
Public Hearings (continued)
20. Planning Commission OVO Appeal (PL) (continued)
MOTION (continued):
2) Direct staff to report back to the OVO subcommittee and Stakeholder group regarding the actions that are in process such as 1) a detailed outgoing message for the overnight parking program regarding where individuals can park on an emergency basis calling during non-business hours, and 2) progress on a mobile dumping station.
Parking Program Manager G. Hussey responded to Council questions.
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.
General Business
21. Ordinance Amending Santa Cruz Municipal Code Chapter 13.12, Use of Skateboards and Bicycles at City-Owned Parks and Recreational Facilities (CA/PR)
Deputy City Attorney S. Duck gave a presentation.
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 Brown, to introduce for publication Ordinance No. 2024-07 amending Chapter 13.12, Use of Skateboards and Bicycles at City-Owned Parks and Recreational Facilities, of the Santa Cruz Municipal Code relating to Cityowned parks and recreational facilities in response to amendments to Health and Safety Code section 115800.
March 12, 2024 CITY COUNCIL MINUTES 6767
General Business
21. Ordinance Amending Santa Cruz Municipal Code Chapter 13.12, Use of Skateboards and Bicycles at City-Owned Parks and Recreational Facilities (CA/PR) (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.
22. Parks and Recreation FY 2023 Annual Report and FY 2024 Progress Update (PR) Director of Parks and Recreation T. Elliot and Principal Management Analyst L.
Bass gave a presentation and responded to Council questions.
Mayor Keeley opened the public comment period. The following person spoke.
Eric Grodberg
Mayor Keeley closed the public comment period.
MOTION: Councilmember Brown moved, seconded by Councilmember Kalantari-Johnson, to accept the FY 2023 Parks and Recreation Annual Report and direct department staff to continue their evaluation of service levels, service offerings, and associated resources in the delivery of FY 2024 goals, including continued work on the Harvey West Pool Master Plan and efforts to activate Neary Lagoon.
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 Assignments:
Collaborate with outside partners to look into making an MOU in order to provide public access to the pools at local schools.
Provide an update to Council in 4 months regarding the Harvey West Pool.
March 12, 2024 CITY COUNCIL MINUTES 6768
Adjournment – Vice Mayor Golder moved, seconded by Councilmember Newsome, to adjourn. By consensus City Council adjourned at 6:06 p.m.
RESPECTFULLY SUBMITTED: ss/Julia Wood, Deputy City Clerk Administrator, ATTEST: ss/Bonnie Bush, City Clerk Administrator, APPROVED: ss/Fred Keeley, Mayor.