Approved at the November 19, 2024 City Council Meeting
City of Santa Cruz
809 Center Street
Santa Cruz, California 95060
MINUTES OF A CITY COUNCIL MEETING
October 22, 2024
11:30 AM
Mayor Keeley opened the City Council Closed Session at 11:31 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, KalantariJohnson; Vice Mayor Golder; Mayor Keeley.
Absent: None.
Staff: City Manager M. Huffaker, Assistant City Manager M. Templeton, Assistant City Attorney C. Bronson, Director of Information Technology K. Morgan, 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 11:32 a.m. There were no speakers. Mayor Keeley closed the public comment period at 11:32 a.m., at which time the meeting was closed to the public and Council adjourned to the Courtyard Conference Room.
October 22, 2024 CITY COUNCIL MINUTES 6987
Closed Session
1. Conference with Legal Counsel – Liability Claims (Government Code §54956.95) 1) Claimant: Rosemarie Patricia Slawinski
2) Claimant: Keyan Zokaie
3) Claimant: Judith Anne Baldwin
4) Claimant: Noah J. Sweeters
5) Claimant: Rebecca Barraza
6) Claimant: Barbara Lawrence
Claims against the City of Santa Cruz
Council received a status report, took up under agenda item 9, and no reportable action was taken.
2. Conference With Legal Counsel – Anticipated Litigation (Gov’t. 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.
October 22, 2024 CITY COUNCIL MINUTES 6988
City of Santa Cruz
809 Center Street
Santa Cruz, California 95060
MINUTES OF A CITY COUNCIL MEETING
October 22, 2024
12:00 PM
Call to Order – Mayor Keeley called the meeting to order at 12:05 p.m. in Council Chambers.
Roll Call
Present: Councilmembers Newsome, Brown, Watkins, Brunner, KalantariJohnson; Vice Mayor Golder (arrived at 1:58 p.m.); Mayor Keeley.
Absent: None.
Staff: City Manager M. Huffaker, Assistant City Manager M. Templeton, Assistant City Attorney C. Bronson, Director of Finance E. Cabell, Chief of Fire R. Oatey, Director of Water H. Luckenbach, Director of Planning and Community Development L. Butler, Chief People Officer S. De Leon, Director of Public Works N. Nguyen, Director of Information Technology K. Morgan, Director of Economic Development and Housing B. Lipscomb (via Zoom), Director of Parks and Recreation T. Elliot (via Zoom), Senior Planner S. Neuse, Principal Planner M. VanHua, Senior Planner C.
Stanger (via Zoom), Principal Management Analyst V. Pearson, Chief Building Official J. Gervasoni, 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 12:06 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.
Stephen Bosworth spoke regarding direct-choice voting and asking Council to establish a Committee to further discuss this.
Unidentified person spoke regarding something he listened to on Brighteon, and donating blood with vaccinations.
October 22, 2024 CITY COUNCIL MINUTES 6989
Oral Communications (continued)
Unidentified person spoke regarding Pogonip encampments and the lack of resources available for people living in Pogonip.
Unidentified person spoke regarding a potential public safety training facility to be built at UCSC.
Joe Thompson spoke regarding ranked-choice voting and asking Council to agendize forming a committee for further consideration.
Unidentified person spoke in opposition to funding the potential public safety training center on the UCSC campus.
At 12:19 p.m. Mayor Keeley closed Oral Communications.
MOTION: Councilmember Brown moved, to place on a future agenda consideration of the establishment of a committee to explore ranked-choice voting with engagement from the public.
The motion failed due to a lack of a second.
Presiding Officer's Announcements
Statements of Disqualification – Councilmember Brunner announced she will be recusing herself from item 16 as it relates to her employment.
Additions and Deletions – Mayor Keeley announced item 18 was previously removed from the agenda.
City Attorney Report on Closed Session – See page 6987 for the report.
Council Meeting Calendar
3. The City Council reviewed and did not revise the meeting calendar attached to the agenda.
Consent Agenda
Councilmember Kalantari-Johnson made a comment on item 12.
Mayor Keeley opened the public comment period. The following person spoke:
James Ewing Whitman spoke regarding item 4.
Mayor Keeley closed the public comment period.
October 22, 2024 CITY COUNCIL MINUTES 6990
Consent Agenda (continued)
MOTION: Councilmember Watkins 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; Mayor Keeley.
NOES: None.
ABSENT: Vice Mayor Golder.
DISQUALIFIED: None.
4. Minutes of the October 8, 2024 City Council Meeting (CC) Motion carried to approve as submitted.
5. Resolution Setting the Regular Meeting Schedule for the Calendar Year 2025 (CC)
Resolution No. NS-30,396 was adopted setting the 2025 City Council meeting calendar.
6. Santa Cruz County Civil Grand Jury Response (CM)
Motion carried to authorize the Mayor to submit the required response to the Santa Cruz Civil Grand Jury on behalf of the Santa Cruz City Council for the Honoring Commitments to the Public report.
7. License Agreement with Bogard Construction, Inc. for Construction Staging and Access on 125 Coral Street (EDH)
Motion carried to authorize and direct the City Manager to negotiate and execute License and Lease Agreement(s) and any amendment(s) or extension(s) thereto of a non-substantive nature, in a form acceptable to the City Attorney, 1) with Bogard Construction, Inc. (“Developer”) for construction staging and access at 125 Coral Street (APNs 008-171-24, and -25); and, 2) with James P. Gillespie and Boni Jean Gillespie, Trustees of Gillespie Revocable Trust, to amend existing lease terms to enable Developer’s use of the property.
October 22, 2024 CITY COUNCIL MINUTES 6991
Consent Agenda (continued)
8. Year-End Budget Adjustment for Fiscal Year (FY) 2024 (FN) Resolution No. NS-30,397 was adopted amending the FY 2024 budget adjusting annual revenues and expenditures in various funds.
9. Liability Claims Filed Against the City of Santa Cruz (FN) Motion carried to reject the liability claims of 1) Rosemarie Patricia Slawinski, 2) Keyan Zokaie, 3) Judith Anne Baldwin, 4) Noah J. Sweeters, 5) Rebecca Barraza, and 6) Barbara Lawrence, based on staff recommendation.
10. Request to Hire a CalPERS Retired Annuitant to Fulfill Interim Water Assistant Finance Director Duties During and After Recruitment (HR) Motion carried to approve a contract to hire a CalPERS Retired Annuitant to fulfill Interim Assistant Finance Director duties for the Water Department while position is vacant and during recruitment and after for cross-training.
11. Escalona Drive Storm Drain Rehabilitation (c401610) – Authorization to Advertise and Award (PW)
Motion carried to approve the Plans and Specifications for the Escalona Drive Storm Drain Rehabilitation (c401610), authorize staff to advertise for bids, award the contract, and find the project exempt under the California Environmental Quality Act. The City Manager is hereby authorized and directed to execute the contract in a form approved by the City Attorney. The Director of Public Works is authorized to execute change orders within the approved project budget.
October 22, 2024 CITY COUNCIL MINUTES 6992
Consent Agenda (continued)
12. Consulting Services for 800 West Cliff Drive - Request for Proposals and Award Contract (PW)
Motion carried to:
Adopt Resolution No. NS-30,398 to amend the FY 2025 budget and appropriate funds in the amount of $2,000,000 to the 800 West Cliff Drive Road Realignment Project (c402515), with approximately 88% of project funding from reimbursement from the Federal Highway Administration Permanent Repair Program and the remaining 12% City match from Fund 221 – Gas Tax for consulting services for 800 West Cliff Drive; and Authorize the issuance of a Request for Proposals (RFP) for Engineering, Environmental/Permitting, Geotechnical and Right of Way services and direct the City Manager to execute a Professional Service Agreement in a form acceptable to the City Attorney. The Public Works Director is authorized to execute contract amendments within the project budget.
13. Highway Safety Improvement Program (HSIP) Cycle 12 - Grant Applications (PW)
Motion carried to apply for, accept, and appropriate funds from the California Department of Transportation Highway Safety Improvement Program (HSIP) Cycle 12 for three projects: Nonsignalized Intersection Improvement Project, Water Street Protected Bike Lanes, and Citywide Intersection Daylighting.
14. City Arterial and Collector Street Reconstruction and Overlay (c400809), Bikeway Striping Minor Improvement Maintenance (m409335), and Bay Drive Protected Bike Lanes and Pedestrian Path (c402304) – Budget Adjustment (PW) Resolution No NS-30,399 was adopted to amend the FY 2025 budget and appropriate funds in the amount of $419,949 from unanticipated revenue for expenses for City Arterial and Collector Street Reconstruction and Overlay (c400809), Bikeway Striping Minor Improvement Maintenance (m409335), and Bay Drive Protected Bike Lanes and Pedestrian Path (c402304).
End Consent Agenda
October 22, 2024 CITY COUNCIL MINUTES 6993
General Business
15. Ordinance Rescinding Uncodified Ordinance No. 1440 – An Ordinance Establishing the Planning Commission and Amending Chapter 18.41.020 – Appointment of Board of Building Appeals and Length of Term (FN) 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 Brown moved, seconded by Councilmember Newsome, to introduce for publication Ordinance No. 2024-19 amending Chapter 18.41.020 – Appointment of Board of Building Appeals and Length of Term, and rescinding uncodified Ordinance No. 1440 – An Ordinance establishing the Planning Commission.
ACTION: The motion carried unanimously with the following vote.
AYES: Councilmembers Newsome, Brown, Watkins, Brunner,
Kalantari-Johnson; Mayor Keeley.
NOES: None.
ABSENT: Vice Mayor Golder.
DISQUALIFIED: None.
At this time, Councilmember Brunner recused herself and left the dais.
16. Downtown Plan Expansion, Downtown Density Bonus, and Anti-Displacement Policy. Location: South of Laurel Street, Roughly Between Center/Cedar Streets and the San Lorenzo River (in Council District 4) and, for a Future AntiDisplacement Policy, Citywide. Applicant: City of Santa Cruz. (PL) Director of Planning and Community Development L. Butler, Senior Planner, S.
Neuse, and Principal Planner M. VanHua gave a presentation and responded to Council questions.
Mayor Keeley opened the public comment period. The following people spoke.
Bryan Shields
Kim
Mayor Keeley closed the public comment period.
October 22, 2024 CITY COUNCIL MINUTES 6994
General Business (continued)
16. Downtown Plan Expansion, Downtown Density Bonus, and Anti-Displacement Policy. Location: South of Laurel Street, Roughly Between Center/Cedar Streets and the San Lorenzo River (in Council District 4) and, for a Future AntiDisplacement Policy, Citywide. Applicant: City of Santa Cruz. (PL) (continued) MOTION: Councilmember Newsome moved, seconded by Councilmember Kalantari-Johnson, to:
Direct staff to include the Downtown Density Bonus, as discussed in this report, in the forthcoming amendments to the Downtown Specific Plan as a part of the Downtown Plan Expansion Project;
Consider options for a funding source that could be used to create a local affordable housing tenant preference for households at risk of displacement; and
Acknowledge that the Council’s direction as part of this action is exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines Section 15306 – Information Gathering.
ACTION: The motion carried with the following vote.
AYES: Councilmembers Newsome, Brown, Watkins, KalantariJohnson; Mayor Keeley.
NOES: None.
ABSENT: Vice Mayor Golder.
DISQUALIFIED: Councilmember Brunner.
At this time, Councilmember Brunner returned to the dais.
October 22, 2024 CITY COUNCIL MINUTES 6995
General Business (continued)
17. Amending the City of Santa Cruz Personnel Complement and Classification and Compensation Plans for the Economic Development and Housing, Finance, Fire, Human Resources, Information Technology, Parks and Recreation, Planning and Community Development, Police, Public Works, and Water Departments (HR/FN)
Chief People Officer S. De Leon gave a presentation and responded to Council questions.
Mayor Keeley opened the public comment period. The following people spoke.
Unidentified person
Ken Bare
Greg Benson
Mayor Keeley closed the public comment period.
MOTION: Councilmember Brown moved, seconded by Councilmember Brunner, to:
Adopt Resolution No. NS-30,400 amending the City’s Classification and Compensation Plans for the FY 2025 budget personnel complement by implementing approved compensation adjustments and position changes in multiple departments as identified in Exhibit 1; and
Adopt Resolution No. NS-30,401 amending the FY 2025 budget in the amount of $1,866,590 to fund compensation increases related to the 2021 Compensation Study as identified in Exhibit A.
ACTION: The motion carried unanimously with the following vote.
AYES: Councilmembers Newsome, Brown, Watkins, Brunner,
Kalantari-Johnson; Mayor Keeley.
NOES: None.
ABSENT: Vice Mayor Golder.
DISQUALIFIED: None.
October 22, 2024 CITY COUNCIL MINUTES 6996
General Business (continued)
18. Homeless Garden Project Request for a General Plan Amendment, Zoning Map Amendment, and Local Coastal Program Amendment to Facilitate Continuation and Expansion of Uses at Their Existing Location on the East Side of Shaffer Road, West of Antonelli Pond (2394 Delaware Avenue). Owner: Ronald Swenson. CEQA: Not a Project. Also, Exempt Pursuant to CEQA Guidelines Section 15306 (Information Collection) and 15061(b)(3) (Common Sense Exemption). (CN)
This item was removed from the agenda and was not discussed.
Public Hearings
19. 2nd Reading and Final Adoption of Ordinance No. 2024-17 Adding Santa Cruz Municipal Code Section 24.04.095, and Amending Chapters 24.04, 24.08, 24.10, and 24.12, and 2nd Reading and Final Adoption of Ordinance No. 2024-18 Amending Santa Cruz Municipal Code Chapters 21.06, and 24.08; Amending Chapter 24.16 Part 1 and Part 2. Ordinances Are Related to Accessory Dwelling Units to Maintain Consistency with State Regulations, Clarify Existing Standards, and Require Properties with Rented Accessory Dwelling Units to Enroll in the Residential Rental Inspection Service, and Related to Other Minor Technical Changes Regarding Hearing Bodies for Design Permit Approval.
Amendments to Chapter 24.04; Chapter 24.08 Parts 5, 9a, 14, 21, and 22; Chapter 24.10 Parts 3, 4, 5, 6, 6a, 7, 8, 10, 11, 12, 13, 16, 19, 21, and 24(a); and Chapter 24.12 Are Part of the Local Coastal Program Implementation Plan (LCP IP) and Will Require Approval by the California Coastal Commission Prior to Taking Effect Inside the Coastal Zone (CEQA: Exempt Pursuant to CEQA Guidelines Section 15183 as a Project Consistent With the General Plan for Which an EIR Was Certified) (PL)
Senior Planner C. Stanger and Principal Planner M. VanHua gave a presentation and responded to Council questions.
Mayor Keeley opened the public comment period. The following people spoke.
Kim Dean
Unidentified person
Kaylan Kelsen
Adam Evans
Unidentified person
Carolyn Coleman
Kathleen Pruett
Carol Polhamus
October 22, 2024 CITY COUNCIL MINUTES 6997
Public Hearings (continued)
19. 2nd Reading and Final Adoption of Ordinance Nos. 2024-17 and 2024-18 (PL) (continued)
Public comment (continued)
Thomas Hamilton
Cindy Firenzi
Sue
Eric Grodberg
Mayor Keeley closed the public comment period.
MOTION: Councilmember Kalantari-Johnson moved, seconded by Councilmember Brunner, to:
1) Adopt Ordinance No. 2024-17 adding new Santa Cruz Municipal Code Section
24.04.095 and amending Santa Cruz Municipal Code Chapters 24.04, 24.08,
24.10, and 24.12 related to accessory dwelling units and related to other minor technical changes regarding hearing bodies for design permit approval and comprising parts of the LCP IP;
2) Adopt Ordinance No. 2024-18 amending Santa Cruz Municipal Code Chapters
21.06 and 24.08 and amending Chapter 24.16 Part 1 and Part 2 related to accessory dwelling units, and rescinding Temporary Ordinance Nos. 2022- 22 and 2023-01;
3) Adopt Resolution No. NS-30,402 authorizing the City Manager to submit the proposed amendments within Ordinance No. 2024-17 that are part of the Local Coastal Program as Local Coastal Implementation Plan amendments to the California Coastal Commission for final certification; 4) Direct staff to include, as part of the ADU ordinance changes planned for December 10, 2024, removal of owner-occupancy requirements for ADUs constructed prior to 2020; and
5) Direct staff to include, as part of the ADU ordinance changes planned for December 10, 2024, an option for ADUs to be sold as condominiums.
Councilmember Watkins requested to split the motion so that item 5 was its own motion. Mayor Keeley approved the request.
October 22, 2024 CITY COUNCIL MINUTES 6998
Public Hearings (continued)
19. 2nd Reading and Final Adoption of Ordinance Nos. 2024-17 and 2024-18 (PL) (continued)
MOTION: Councilmember Kalantari-Johnson moved, seconded by Councilmember Brunner, to adopt Ordinance No. 2024-17 adding new Santa Cruz Municipal Code Section 24.04.095 and amending Santa Cruz Municipal Code Chapters 24.04, 24.08, 24.10, and 24.12 related to accessory dwelling units and related to other minor technical changes regarding hearing bodies for design permit approval and comprising parts of the LCP IP.
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.
MOTION: Councilmember Kalantari-Johnson moved, seconded by Councilmember Brunner, to adopt Ordinance No. 2024-18 amending Santa Cruz Municipal Code Chapters 21.06 and 24.08 and amending Chapter 24.16 Part 1 and Part 2 related to accessory dwelling units, and rescinding Temporary Ordinance Nos. 2022-22 and 2023-01.
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.
October 22, 2024 CITY COUNCIL MINUTES 6999
Public Hearings (continued)
19. 2nd Reading and Final Adoption of Ordinance Nos. 2024-17 and 2024-18 (PL) (continued)
MOTION: Councilmember Kalantari-Johnson moved, seconded by Councilmember Brunner, to adopt Resolution No. NS-30,402 authorizing the City Manager to submit the proposed amendments within Ordinance No. 2024- 17 that are part of the Local Coastal Program as Local Coastal Implementation Plan amendments to the California Coastal Commission for final certification.
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.
MOTION: Councilmember Kalantari-Johnson moved, seconded by Councilmember Brunner, to direct staff to include, as part of the ADU ordinance changes planned for December 10, 2024, removal of owneroccupancy requirements for ADUs constructed prior to 2020.
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.
MOTION: Councilmember Kalantari-Johnson moved, seconded by Councilmember Brunner, to direct staff to include, as part of the ADU ordinance changes planned for December 10, 2024, an option for ADUs to be sold as condominiums.
ACTION: The motion carried with the following vote.
AYES: Councilmembers Newsome, Brunner, Kalantari-Johnson; Vice Mayor Golder; Mayor Keeley.
NOES: Councilmembers Brown, Watkins.
ABSENT: None.
DISQUALIFIED: None.
October 22, 2024 CITY COUNCIL MINUTES 7000
Public Hearings (continued)
20. Review and Adopt Revised Citywide Fee Update for User Fees – Phase Two for the Departments of Planning and Community Development – Building and Safety Division, Economic Development and Housing, Public Works – Engineering Division, Fire – Marine Safety Division and Prevention Division Schedule. Location: Citywide. CEQA: Exempt 15061(b)(3) (PL/FN) Principal Management Analyst V. Pearson gave a presentation and responded to Council questions.
Director of Planning and Community Development L. Butler responded to Council questions.
Chief Building Official J. Gervasoni responded to Council questions.
Mayor Keeley opened the public comment period. There were no speakers.
Mayor Keeley closed the public comment period.
MOTION: Vice Mayor Golder moved, seconded by Councilmember Watkins, to:
1) Adopt Resolution No. NS-30,403:
a) Revising the title of the fee schedule to “Citywide Fee Schedule,” adding all approved Phase Two user fees effective January 1, 2025, confirming annual October Consumer Price Index (CPI) increases and new fees go into effect annually in January, and acknowledging the California Environmental Quality Act exemption for this item; b) Amending Resolution Nos. NS-29,231, NS-30,161, NS-28,085, and NS30,069 as set forth in Exhibit A; and c) Amend Resolution No. NS-29,798 “Resolution of the City Council of the City of Santa Cruz Revising Code Compliance Related Fees to Flat Rates; Revising the Unified Master Fee Schedule (UMFS) for Planning, Building, Code, and Rental Divisions; and Changing Any Reference to Consumer Price Index Adjustments Occurring Annually in July to Occur in January and Referencing All Fees as Part of the UMFS and Rescinding Resolution No. NS-29,793” to update the Fee Schedule to include the changes set forth in Exhibit A to the resolution, as it relates to the Building and Safety Division, including increasing fees that in 2025 will be under 100 percent cost recovery, increasing to 100 percent cost recovery by 2026 as specified in Exhibit A.
October 22, 2024 CITY COUNCIL MINUTES 7001
Public Hearings (continued)
20. Review and Adopt Revised Citywide Fee Update for User Fees – Phase Two for the Departments of Planning and Community Development – Building and Safety Division, Economic Development and Housing, Public Works – Engineering Division, Fire – Marine Safety Division and Prevention Division Schedule. Location: Citywide. CEQA: Exempt 15061(b)(3) (PL/FN) (continued) MOTION (continued):
2) Authorize the City Manager to approve budgetary adjustments for the Phase Two fee amendments.
3) Direct staff to look into workforce housing projects that are also paid for from another tax base.
FRIENDLY AMENDMENT: Councilmember Watkins requested to add direction to staff to present Council with more information about possible Nexus studies that could outline impacts of development and recommendations how to pursue those. Vice Mayor Golder accepted.
ACTION: The amended 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 2:37 p.m.
RESPECTFULLY SUBMITTED: ss/Julia Wood, Deputy City Clerk Administrator, ATTEST: ss/Bonnie Bush, City Clerk Administrator, APPROVED: ss/Fred Keeley, Mayor.