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Santa Cruz council reverses public gathering permit limit
SANTA CRUZ — The Santa Cruz City Council on Tuesday reversed an earlier decision to reduce the limit of public gatherings to 50 people before a city permit is required.
Five-time former mayor Mike Rotkin, speaking on behalf of the Santa Cruz County American Civil Liberties Union chapter, urged keeping the limit at 100. He said the city has not demonstrated how less than 100 participants in a rally or other event pose a public safety risk that would justify a restriction on free speech.
“Changing the threshold from 100 to 50 people would immediately impact the ability of people to organize protests at the town clock and county building steps,” he said.
Mayor Hilary Bryant and Councilmen Don Lane and Micah Posner voted in favor of keeping the number at 100 on Nov. 26 but lost on a 4-3 majority. Posner raised the issue again Tuesday during a final reading of ordinance changes governing public expression and commercial events, and council members agreed unanimously to make the reversal.
“As public assemblies get larger, almost invariably there are traffic impacts,” Posner said. “From the stand point of freedom of assembly, (traffic costs) shouldn’t trump those considerations.”
The city’s special events coordinator, Kathy Agnone, said there are several public places downtown where more than 50 participants in rallies or other events can cause traffic problems, and the proposed rule change was designed to help the city plan better. The city permit would not cost anything unless a street closure was required.
“I positively regret that this was something seen as penalizing and criminalizing folks gathering because that’s not what this is about,” Agnone said. “We are really just trying to be reasonable and streamline the process.”
Councilwoman Cynthia Mathews moved the proposed reversal as a good-will gesture, saying she hopes common sense will prevail.
BOARDWALK LOT
Tuesday, the council approved on a 6-1 vote an agreement with the Santa Cruz Seaside Co. to share in revenues generated by improvements to the Beach Boardwalk’s primary parking lot.
To ease traffic congestion on Beach Street and create more street parking during the peak summer season, the company has proposed $1 million in changes, including reconfiguring the lot to create 150 new spaces, add two entrances and establish pay stations upon exit.
Since 1984, the Boardwalk has collected a 10 percent tax for the city on its parking fees. The council agreed to return 50 percent of the tax revenue generated by the new spaces during the next 10 years not to exceed $200,000.
“We think these kinds of agreements spur economic activity,” Seaside Co. spokesman Kris Reyes told the council, echoing Economic Development Director Bonnie Lipscomb, who said the city has had to seek creative ways to form public-private parternships now that redevelopment has been eliminated.
Councilman Posner voted against the plan, saying the Boardwalk’s annual profit on the new spaces — expected to exceed $350,000 — is sufficient to recoup its own investment in the lot with a few years. He called the tax-sharing agreement “an inappropriate use of public funds.”
Vice Mayor Lynn Robinson disagreed, saying, “I understand there is a profit to be made, but there is a huge public benefit here that I see.”
The council also OK’d allowing the Tannery Arts Center to seek a property tax exemption for the performing arts theater planned for the city-owned Hide House. The council also allowed dropping “Hide House” from the name to accommodate a significant naming-rights donor.
Tuesday, the council also approved setting a public hearing for March 11 to increase wastewater rates during a four-year period. To stabilize the wastewater budget and fund capital improvements, rates are proposed to increase nearly 6 percent each year on average for single-family users for three years then 2.5 percent in the final year.
The council also commended winners of the annual Officer Jim Howes Community Service Award: police officer Ken Deeg, outgoing city arts coordinator Crystal Birns and Santa Cruz Neighbors co-founder Michael Bethke. Howes retired after 26 years as a police officer known for community engagement.
Follow Sentinel reporter J.M. Brown at Twitter.com/jmbrownreports
As of 2-12-14, the Santa Cruz City Council had still not reversed the Public Assembly constriction ordinance which it had promised to do at a “study session” (which hasn’t happened). The ban against walking in the streets without extensive financial investment, requiring a permit for more than 50 participants, and requiring a longer notification period to get a permit–to name only some of the restrictions–are still in full force. As they have been since this ordinance was passed in December.
Despite the misleading Sentinel headline and the optimistic predictions of the Note preceeding the story.
Full disclosure: Marches subsequent to the Public Assembly Constriction Bill in which I participated (supporting the SC-11 on 2-11-14 for instance) did not seek a permit and were not harassed by polilce or city bureaucrats. The parade definitely had more than 50 people. Ditto with the DIY New Year’s parade which, though smaller than ever, still had more than 100. .
These and prior parades were generally ignored by police (or even informally directing traffic).
Ordinance writer Kathy Agnon of the Pars and Rec Dept. has made available Public Records of past permit applications–those accepted and those declined–but only after the ordinance was passed at City Council.
In place are two laws that could be used to severely restrict spontaneous protest, particularly by poor people.