Approved at the September 24, 2024 City Council Meeting City of Santa Cruz
809 Center Street
Santa Cruz, California 95060
MINUTES OF A CITY COUNCIL MEETING
September 10, 2024
10:00 AM
Mayor Keeley opened the City Council Closed Session at 10:06 a.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 (arrived at 10:06 a.m. after roll call), Kalantari-Johnson; Vice Mayor Golder; Mayor Keeley.
Absent: None.
Staff: City Manager M. Huffaker, City Attorney T. Condotti, Director of Economic Development and Housing B. Lipscomb, Director of Finance E.
Cabell, 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 10:07 a.m. There were no speakers. Mayor Keeley closed the public comment period at 10:07 a.m., at which time the meeting was closed to the public and Council adjourned to the Courtyard Conference Room.
September 10, 2024 CITY COUNCIL MINUTES 6935
Closed Session
1. Real Property Negotiations (Government Code §54956.8) 1) Property: 17 B/C Municipal Wharf
APN: 007-331-06 and -07
Owner: Roseanne Mazzone and John Eicholz dba Bonnie’s Gifts City Negotiator: Bonnie Lipscomb
Negotiating Parties: City of Santa Cruz and Roseanne Mazzone and John Eicholz Under Negotiation: Price, terms of payment, or both
2) Property: 55 A Municipal Wharf
APN: 007-381-01
Owner: Marini’s Candies, Inc.
City Negotiator: Bonnie Lipscomb
Negotiating Parties: City of Santa Cruz and Nick & Gino Marini Under Negotiation: Price, terms of payment, or both
3) Property: 55 D Municipal Wharf
APN: 007-351-02
Owner: Genesis Peck dba Made in Santa Cruz
City Negotiator: Bonnie Lipscomb
Negotiating Parties: City of Santa Cruz and Genesis Peck Under Negotiation: Price, terms of payment, or both
4) Property: 47 Municipal Wharf
APN: 007-341-06
Owner: Flotsam of California, Inc. dba Noland’s
City Negotiator: Bonnie Lipscomb
Negotiating Parties: City of Santa Cruz and Bruce Noland Under Negotiation: Price, terms of payment, or both
5) Property: 15 Municipal Wharf
APN: 007-331-04
Owner: JFS, Inc. dba Santa Cruz Boat Rentals
City Negotiator: Bonnie Lipscomb
Negotiating Parties: City of Santa Cruz and Sally Ealy
Under Negotiation: Price, terms of payment, or both
6) Property: 17 E Municipal Wharf
APN: 007-331-09
Owner: Sock Shop & Shoe Company, Inc.
City Negotiator: Bonnie Lipscomb
Negotiating Parties: City of Santa Cruz and Ellen Gill
Under Negotiation: Price, terms of payment, or both
September 10, 2024 CITY COUNCIL MINUTES 6936
Closed Session (continued)
1. Real Property Negotiations (Government Code §54956.8) (continued) 7) Property: 1070 River Street
APN: 007-331-06 and -07
Owner: Arts Council Santa Cruz County
City Negotiator: Bonnie Lipscomb
Negotiating Parties: City of Santa Cruz and Jim Brown
Under Negotiation: Price, terms of payment, or both
8) Property: 41 Municipal Wharf
APN: 007-381-01
Owner: Flotsam of California, Inc.
City Negotiator: Bonnie Lipscomb
Negotiating Parties: City of Santa Cruz and Bruce Noland Under Negotiation: Price, terms of payment, or both
9) Property: 2 Municipal Wharf
APN: Right of Way (No APN)
Owner: Dave Johnston DBA Venture Quest
City Negotiator: Bonnie Lipscomb
Negotiating Parties: City of Santa Cruz and Dave Johnston Under Negotiation: Price, terms of payment, or both
10) Property: 125 Coral Street
APN: 008-171-24 and -25
Owner: City of Santa Cruz
City Negotiator: Bonnie Lipscomb
Negotiating Parties: City of Santa Cruz and Housing Matters Under Negotiation: Price, terms of payment, or both
11) Property: 125 Coral Street
APN: 008-171-24 and -25
Owner: City of Santa Cruz
City Negotiator: Bonnie Lipscomb
Negotiating Parties: City of Santa Cruz and Harley and Jim Gillespie Under Negotiation: Price, terms of payment, or both
Council received a status report from the City Negotiator, and no reportable action was taken.
September 10, 2024 CITY COUNCIL MINUTES 6937
Closed Session (continued)
2. Conference with Legal Counsel - Existing Litigation (Government Code §54956.9(d)(1))
1) Santa Cruz Cop Watch v. City of Santa Cruz
(Santa Cruz County Superior Court Case No. 24CV01767)
2) Douglas Wallace, et al v. City of Santa Cruz, et al
(Santa Cruz County Superior Court Case No. 24CV02414)
Council received a status report, 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, 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, and took no reportable action.
September 10, 2024 CITY COUNCIL MINUTES 6938
City of Santa Cruz
809 Center Street
Santa Cruz, California 95060
MINUTES OF A CITY COUNCIL MEETING
September 10, 2024
11:30 AM
Call to Order – Mayor Keeley called the meeting to order at 11:32 a.m. in Council Chambers.
Roll Call
Present: Councilmembers Newsome, Brown, Watkins (arrived at 11:32 a.m. after roll call), Brunner, Kalantari-Johnson; Vice Mayor Golder; Mayor Keeley.
Absent: None.
Staff: City Manager M. Huffaker, City Attorney T. Condotti, Director of Public Works N. Nguyen, Director of Economic Development and Housing B.
Lipscomb, Chief of Police B. Escalante, Director of Water H.
Luckenbach, Director of Planning and Community Development L.
Butler, Deputy City Manager L. Murphy, Division Chief of Prevention/Fire Marshal T. Shields, Principal Management Analyst M. Albert, Transportation Planner C. Gallogly, Communications Manager E. Smart, 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 11:33 a.m. Mayor Keeley opened Oral Communications for members of the public who wished to speak regarding items not listed on the City Council agenda.
Ann Simonton spoke regarding trauma-informed training techniques for the Santa Cruz Police Department.
Unidentified person spoke regarding project labor agreements discussed at the previous meeting.
James Ewing-Whitman spoke regarding the County Board of Supervisors meeting and taking classes at Cabrillo College.
September 10, 2024 CITY COUNCIL MINUTES 6939
Oral Communications (continued)
Unidentified person spoke regarding homeless encampments and the displacement of the homeless population.
Unidentified person spoke regarding reinstating the drinking water fountains downtown.
Bradley Snyder spoke regarding the November elections and who he will be voting for.
Greg Benson spoke regarding housing and homelessness.
Richard Lewis spoke regarding the County Board of Supervisors meeting, Service Employees International Union (SEIU) County staff who are ready to strike, and Cabrillo College.
Lee Brokaw spoke regarding the Water Department tearing up his landscape to install a new meter box.
At 11:52 a.m. Mayor Keeley closed Oral Communications.
Presentations
5. Mayoral Proclamation Declaring September as Service Dog Awareness Month Councilmember Newsome read from and presented a proclamation to Emma Kleck declaring September as Service Dog Awareness Month.
6. Mayoral Proclamation Declaring September as Childhood Cancer Awareness Month
Vice Mayor Golder read from and presented a proclamation to Jacob with Jacob’s Heart declaring September as Childhood Cancer Awareness Month.
7. National Emergency Preparedness Month
Division Chief of Prevention/Fire Marshal T. Shields spoke, and Principal Management Analyst M. Albert gave a presentation on National Emergency Preparedness Month and responded to Council questions.
September 10, 2024 CITY COUNCIL MINUTES 6940
Presentations (continued)
8. West Cliff Projects Update
Director of Public Works N. Nguyen gave a presentation providing an update on the West Cliff projects and responded to Council questions. Communications Manager E. Smart responded to Council questions.
Mayor Keeley opened the public comment period. The following person spoke:
Unidentified person
Mayor Keeley closed the public comment period.
Presiding Officer's Announcements
Statements of Disqualification – Councilmember Brown announced she will be recusing herself from item 14 as the development is in close proximity to her residence.
Additions and Deletions – None.
City Attorney Report on Closed Session – See pages 6935—6937 for the report.
Council Meeting Calendar
9. The City Council reviewed and did not revise the meeting calendar attached to the agenda.
Consent Agenda
Councilmember Newsome made a comment on item 20.
Councilmember Brown pulled item 13 for further discussion.
Councilmember Kalantari-Johnson made a comment on items 11, and 16.
Councilmember Brunner made a comment on item 20.
Transportation Planner C. Gallogly responded to Council questions regarding item 18.
Mayor Keeley opened the public comment period. The following person spoke:
Garrett spoke regarding item 14.
Mayor Keeley closed the public comment period.
September 10, 2024 CITY COUNCIL MINUTES 6941
Consent Agenda (continued)
MOTION: Vice Mayor Golder moved, seconded by Councilmember Watkins, to approve the remaining Consent Agenda.
ACTION: The motion carried with the following vote.
AYES: Councilmembers Newsome, Brown (with the exception of item 14), Watkins, Brunner, Kalantari-Johnson; Vice Mayor Golder; Mayor Keeley.
NOES: None.
ABSENT: None.
DISQUALIFIED: Councilmember Brown (item 14).
10. Minutes of the August 27, 2024 City Council Meeting (CC) Motion carried to approve as submitted.
11. Commission for the Prevention of Violence Against Women (CPVAW) Appointment (CC)
Motion carried to approve Councilmember Kalantari-Johnson's nomination of Shiri Gradek to the Commission for the Prevention of Violence Against Women (CPVAW).
12. Authorization of a Contract with Housing Matters for Encampment Resolution Funding Grant (CM)
Motion carried to:
Authorize the City Manager to execute an agreement in a form to be approved by the City Attorney, with Housing Matters in an amount not to exceed $3,882,184 to implement Encampment Resolution Fund Grant funded work; and
Authorize the City Manager to execute change orders within the approved budget.
September 10, 2024 CITY COUNCIL MINUTES 6942
Consent Agenda (continued)
13. Santa Cruz County Civil Grand Jury Response (CM)
Councilmember Brown spoke.
Mayor Keeley opened the public comment period. The following people spoke.
Steve Bosworth
Ann Simonton
Gillian Greensite
Mayor Keeley closed the public comment period.
MOTION: Councilmember Brown moved, seconded by Councilmember Brunner, to submit a request to the Santa Cruz Civil Grand Jury for an additional month in order to better review and revise the responses with input from staff and with the assistance of a Council subcommittee.
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.
14. State Match Local Housing Trust Fund Program (LHTF Program) Funding Application for Funding Affordable Housing Development (EDH) Motion carried to:
Adopt Resolution No. NS-30,384 to approve the 2024 State Local Housing Trust Fund Program (LHTF) funding application submittal and, if selected, receive an allocation of State Match funding through the LHTF Program and execute any documents related to the 2024 LHTF funding award; Approve revised City Affordable Housing Trust Fund (AHTF) Administrative Guidelines for consistency with the LHTF program requirements; September 10, 2024 CITY COUNCIL MINUTES 6943
Consent Agenda (continued)
14. State Match Local Housing Trust Fund Program (LHTF Program) Funding Application for Funding Affordable Housing Development (EDH) (continued) Motion (continued):
Approve the Housing Authority of the County of Santa Cruz’s contribution of up to $3.2 million for the 136 River Street Project (Project) to be administered as a City AHTF loan contingent on the Housing Authority review and Board approval of the RFQ response submitted by Eden Housing Inc. and For the Future Housing Inc.; and
Approve an increase to the already committed $1.8 million AHTF Project loan that includes the Housing Authority’s and/or the AHTF’s funding up to the $5 million maximum per the LHTF program requirements.
15. Permanent Outdoor Dining and Curb Café Program – Waiver of Deferred Pandemic Era Fees and Related Authorizations (EDH)
Motion carried to approve a waiver of Permanent Outdoor Expansion Area and Curb Café fees between July 2020-December 2023 and authorize the City Manager to execute any agreements, amendments, or documents necessary to implement said waiver, in a form approved by the City Attorney.
16. Neary Lagoon Floating Walkway Decking and Railing Rehabilitation (m409668 - Neary Lagoon Park Rehabilitation - Maintenance): Notice of Completion (PR) Motion carried to accept the work of Cen-Con, Inc. (Santa Cruz, CA) as completed per plans and specifications and authorize the filing of the Notice of Completion for the Neary Lagoon Floating Walkway Project.
17. 2024 Laurel Street Surface Seal Project (c400809) (PW) Motion carried to reject all bids for the 2024 Laurel Street Surface Seal Project (c400809), authorize staff to re-advertise the project for bids 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.
September 10, 2024 CITY COUNCIL MINUTES 6944
Consent Agenda (continued)
18. Contract Amendment 2 with BCycle, LLC for Santa Cruz County Regional Bike Share Program (PW)
Motion carried to authorize the City Manager to execute the Second Amendment to the Professional Service Agreement with BCycle, LLC for Santa Cruz County Regional Bike Share Program in a form acceptable to the City Attorney.
19. Regional Participation in Household Hazardous Waste Grant Cycle 43 (PW) Resolution No. NS-30,385 was adopted to authorize the City of Santa Cruz’s regional participation in the CalRecycle Household Hazardous Waste Cycle 43 and authorize the City Manager to submit all required documentation and payment requests.
20. Award Contract for London Nelson Community Center Roof Repair (PW) Motion carried to award a contract for the purchase of tile and roof repair from Weatherproofing, Technologies, Inc (Beachwood, OH) in the amount of $159,325.46. The Director of Public Works is authorized to execute changes orders within the approved project budget.
21. West Cliff Multi-Use Path Rehabilitation Project (m400819) – Reject Bids (PW) Motion carried to reject all bids for the West Cliff Multi-Use Path Rehabilitation Project (m400819), authorize staff to re-advertise the project for bids 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.
22. Beltz 8 and 12 Aquifer Storage and Recovery (ASR) Project Addendum to the Santa Cruz Water Rights Project Final Environmental Impact Report – Project Approval (WT)
Motion carried to approve the Beltz 8 and 12 Aquifer Storage and Recovery Project considering the certified Santa Cruz Water Rights Project Final Environmental Impact Report and the Beltz 8 and 12 Aquifer Storage and Recovery Project Addendum to the Santa Cruz Water Rights Project Final Environmental Impact Report.
September 10, 2024 CITY COUNCIL MINUTES 6945
Consent Agenda (continued)
23. Soquel Avenue Main Replacement Project (c700002) – Notice of Completion (WT)
Motion carried to accept the work of Pacific Underground Construction, Inc. (San Jose, CA) as complete per the plans and specifications, authorizing the filing of a Notice of Completion for the Soquel Avenue Main Replacement Project (c700002), and authorize the Water Director to sign the Notice of Completion as the Owner’s Authorized Agent.
End Consent Agenda
Public Hearing
24. 2nd Reading and Final Adoption of 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 (CPVAW) (CC) Mayor Keeley opened the public comment period. There were no speakers.
Mayor Keeley closed the public comment period.
MOTION: Councilmember Newsome moved, seconded by Councilmember Kalantari-Johnson, to adopt 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.
At this time, the Mayor rearranged the agenda to hear item 26.
General Business
25. Collective of Results and Evidence-Based (CORE) Investments Update (CM) This item was continued to the September 24, 2024, City Council meeting and was not discussed.
September 10, 2024 CITY COUNCIL MINUTES 6946
General Business (continued)
26. Ordinance and Resolution Responsive to Incident Involving the City of Hanford Police Department (CN)
Mayor Keeley spoke.
Mayor Keeley opened the public comment period. The following people spoke.
Unidentified person
Unidentified person
Mayor Keeley closed the public comment period.
MOTION: Councilmember Kalantari-Johnson moved, seconded by Councilmember Newsome, to:
Introduce for publication Ordinance No. 2024-15 adding Chapter 9.91, the Prohibition of Government-Sponsored Unsanctioned Transport of Homeless Persons Ordinance, to the Santa Cruz Municipal Code;
Adopt Resolution No. NS-30,386 directing (a) the Santa Cruz Police Department (SCPD) to add a “Prohibition of Unsanctioned Transport of Homeless Persons” policy to the SCPD Policy Manual; and (b) City staff to continue, to the greatest extent practicable, the City’s current practice of reserving City-funded and City-managed shelter resources for persons experiencing homelessness that are currently residing in the City of Santa Cruz; and
Approve the CEQA determination contained in this Agenda Report. The Council’s action is not a “project” under CEQA. And, even if it were considered a “project”, it would be categorically exempt under 14 CCR § 15321(b) (law enforcement action) and 14 CCR § 15061(b)(3) (“commonsense” exemption).
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 1:27 p.m. and returned at 1:37 p.m.
September 10, 2024 CITY COUNCIL MINUTES 6947
General Business (continued)
27. Industrial Land Preservation Policy. Location: Citywide. CEQA: General Plan 2030 Environmental Impact Report (PL)
Director of Planning and Community Development L. Butler spoke and responded to Council questions.
Mayor Keeley opened the public comment period. The following person spoke.
Rafa Sonnenfeld
Mayor Keeley closed the public comment period.
MOTION: Councilmember Watkins moved, seconded by Councilmember Brown, to adopt Resolution No. NS-30,387 approving the Industrial Land Preservation Policy and acknowledging the action is consistent with the General Plan 2030 Environmental Impact Report.
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.
September 10, 2024 CITY COUNCIL MINUTES 6948
General Business (continued)
28. Ministerial Design Review Authority for Affordable Streamlined Ministerial Projects with a Density Bonus. Location: Citywide. CEQA: Not a Project (PL) Principal Planner S. Haschert gave a presentation.
Mayor Keeley opened the public comment period. The following person spoke.
Rafa Sonnenfeld
Mayor Keeley closed the public comment period.
MOTION: Councilmember Watkins moved, seconded by Councilmember Brown, to direct staff to do the following, which will supersede the direction provided at the September 7, 2021, City Council Meeting:
Conduct the objective, ministerial Design Review of revisions to the 831 Water Street Project, including potential revisions to the Density Bonus approval, through referral of the changes to the Planning Commission; and Any future requests for an affordable housing streamlined ministerial project that include a Density Bonus request shall be reviewed by the Zoning Administrator at a noticed public hearing with the option to refer review to the Planning Commission; however, projects of similar scope to the 831 Water Street Project shall be referred directly to the Planning Commission.
ACTION: The motion carried with the following vote.
AYES: Councilmembers Newsome, Brown, Watkins, KalantariJohnson; Vice Mayor Golder; Mayor Keeley.
NOES: Councilmember Brunner.
ABSENT: None.
DISQUALIFIED: None.
September 10, 2024 CITY COUNCIL MINUTES 6949
General Business (continued)
29. Climate Resilient Santa Cruz: Graham Hill Water Treatment Plant Facility Improvements Project Final Environmental Impact Report and Project Approval (WT)
Director of Water H. Luckenbach and Ann Sansevero, Principal with Dudek, gave a presentation and responded to Council questions.
Mayor Keeley opened the public comment period. The following people spoke.
Unidentified person
Unidentified person
Mayor Keeley closed the public comment period.
MOTION: Councilmember Watkins moved, seconded by Councilmember Newsome, to:
Adopt Resolution No. NS-30,388 certifying the Final Environmental Impact Report for the Climate Resilient Santa Cruz: Graham Hill Water Treatment Plant Facility Improvements Project;
Adopt Resolution No. NS-30,389 approving the project entitlements (Special Use Permit, Design Permit, Nonresidential Demolition Authorization Permit, Heritage Tree Removal Permit, and Slope Development Permit), based on Planning Commission’s Recommendations; and
Adopt Resolution No. NS-30,390 approving Graham Hill Water Treatment Plant Facility Improvements Project, adopting a Mitigation, Monitoring, and Reporting Program, and adopting California Environmental Quality Act Findings and a Statement of Overriding Considerations.
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.
September 10, 2024 CITY COUNCIL MINUTES 6950
General Business (continued)
30. Ordinance Extending AB 1482 Rental Increase Protections Upon Expiration of Affordable Housing Rental Restrictions (CN)
Councilmember Newsome spoke.
Mayor Keeley opened the public comment period. The following people spoke.
Kevin Cummings
Rafa Sonnenfeld
Michael Bartle
Anil Babbar
Unidentified person
Eli Holiday
Garrett
Unidentified person
Mayor Keeley closed the public comment period.
MOTION: Councilmember Newsome moved, seconded by Councilmember Brown, to introduce for publication Ordinance No. 2024-16 amending Chapter
21.07 “Just Cause Eviction Above AB 1482 Requirements” of the Santa Cruz Municipal Code to extend AB 1482 rental increase protections to tenants in units with expiring affordable housing rental restrictions with the following amendments to Section 21.070.020(C) of the proposed ordinance:
From:
“For the purposes of this section, the annual “percentage change in the cost of living” shall be measured by the San Francisco Oakland Hayward area Consumer Price Index for urban consumers (CPIU).”
To:
“For the purposes of this section, the annual “percentage change in the cost of living” shall be defined in accordance with subsection (g)(3) of California Civil Code Section 1947.12.”
September 10, 2024 CITY COUNCIL MINUTES 6951
General Business (continued)
30. Ordinance Extending AB 1482 Rental Increase Protections Upon Expiration of Affordable Housing Rental Restrictions (CN) (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 Newsome, to adjourn. By consensus City Council adjourned at 2:50 p.m.
RESPECTFULLY SUBMITTED: ss/Julia Wood, Deputy City Clerk Administrator, ATTEST: ss/Bonnie Bush, City Clerk Administrator, APPROVED: ss/Fred Keeley, Mayor.