CITY COUNCIL AGENDA
Regular Meeting - January 28, 2025
12:00 P.M. CLOSED SESSION, ZOOM/COURTYARD CONFERENCE ROOM 12:45 P.M. ORAL COMMUNICATIONS, CONSENT, GENERAL BUSINESS AND PUBLIC
HEARINGS, ZOOM/COUNCIL CHAMBERS
The meeting may be viewed remotely, using any of the following sources:
Click on Zoom link (no time delay): https://zoom.us/j/94684401344 Online at http://www.cityofsantacruz.com/government/city-council/council-meetings Online at Watch – Community Television of Santa Cruz County Comcast Channel 25
Or: Call any of the numbers below. If one is busy, try the next one. 1-833-548-0276 (Toll Free)
1-833-548-0282 (Toll Free)
1-877-853-5247 (Toll Free)
1-669-900-9128
Enter the meeting ID number: 946 8440 1344
When prompted for a Participant ID, press #.
Press *9 on your phone to “raise your hand” when the Mayor calls for public comment. It will be your turn to speak when the Mayor calls on you. Press *6 to unmute yourself. The timer will then be set.
Correspondence to be included in the agenda packet must be received by 5:00 pm on Monday, January 27th
PLEASE NOTE:
Council may take a break(s) as needed.
Requests for extra speaking time on items other than Oral Communications must be made by 5:00 p.m. on Sunday, January 26th by emailing the Mayor and the City Clerk.
Approval will be confirmed via email.
[email protected] [email protected]
January 28, 2025 City Council 2
The City of Santa Cruz does not discriminate against persons with disabilities. Out of consideration for people with chemical sensitivities we ask that you attend fragrance free. Upon request, the agenda can be provided in a format to accommodate special needs. Additionally, if you wish to attend this public meeting and will require assistance such as an interpreter for American Sign Language, Spanish, or other special equipment, please call the City Clerk’s Department at 420-5030 at least five days in advance so that we can arrange for such special assistance, or email [email protected]. The CalRelay system number: 1-800-735-2922.
Si desea asistir a esta reunión pública y necesita ayuda - como un intérprete de lenguaje de señas americano, español u otro equipo especial - favor de llamar al Departamento de la Secretaría de la Ciudad al 420-5030 al menos cinco días antes para que podamos coordinar dicha asistencia especial o envié un correo electrónico a [email protected]. El número del sistema Cal-Relay es: 1-800-735-2922.
Agenda and Agenda Packet Materials: The City Council agenda and the complete agenda packet containing public records, which are not exempt from disclosure pursuant to the California Public Records Act, are available for review on the City’s website:
www.cityofsantacruz.com/government/city-council-meetings and at the Office of the City Clerk located at 809 Center Street, Room 8, Santa Cruz, California, during normal business hours.
Agenda Materials Submitted after Publication of the Agenda Packet: Pursuant to Government Code §54957.5, public records related to an open session agenda item submitted after distribution of the agenda packet are available at the same time they are distributed or made available to the legislative body on the City’s website at: www.cityofsantacruz.com/government/city-councilmeetings and are also available for public inspection at the Office of the City Clerk, 809 Center Street Room 8, Santa Cruz, California, during normal business hours, and at the Council meeting.
Need more information? Contact the City Clerk’s office at 831-420-5030.
Closed Session
12:00 PM
Statements of Disqualification
1. Conference with Legal Counsel - Existing Litigation (Government Code §54956.9(d)(1))
Brown, Loren et al. v. AGCO Corporation, et al.
(Alameda Superior Court Case No. RG20073620)
2. Real Property Negotiations (Government Code §54956.8) 1) Property: 45 Municipal Wharf
APN: 007-341-05
Owner: Santa Cruz Waterfront, Inc.
City Negotiator: Bonnie Lipscomb
Negotiating Parties: City of Santa Cruz and Mark Gilbert Under Negotiation: Price, terms of payment, or both
January 28, 2025 City Council 3
Closed Session (continued)
2. Real Property Negotiations (Government Code §54956.8) (continued) 2) Property: 31 Municipal Wharf (Riva Fish House)
APN: 007-341-02
Owner: Martin Drobac dba Riva Fish House
City Negotiator: Bonnie Lipscomb
Negotiating Parties: City of Santa Cruz and Peter Drobac Under Negotiation: Price, terms of payment, or both
3) Property: 37 Municipal Wharf (Gilda’s)
APN: 007-341-03
Owner: Charles Maier
City Negotiator: Bonnie Lipscomb
Negotiating Parties: City of Santa Cruz and Charles Maier dba Gilda’s Under Negotiation: Price, terms of payment, or both
4) Property: 41 Municipal Wharf (Surf City Santa Cruz)
APN: 007-381-01
Owner: Flotsam of California, Inc. dba Surf City Santa Cruz City Negotiator: Bonnie Lipscomb
Negotiating Parties: City of Santa Cruz and Bruce Noland Under Negotiation: Price, terms of payment, or both
5) Property: 47 Municipal Wharf (Noland’s)
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
6) Property: 49 A Municipal Wharf (Makai)
APN: 007-361-01
Owner: Barking Lion dba Makai
City Negotiator: Bonnie Lipscomb
Negotiating Parties: City of Santa Cruz and Peter Drobac dba Makai (AKA Barking Lion)
Under Negotiation: Price, terms of payment, or both
7) Property: 49 B Municipal Wharf (Olita’s)
APN: 007-371-01
Owner: Olita’s Cantina & Grill, LLC
City Negotiator: Bonnie Lipscomb
Negotiating Parties: City of Santa Cruz and Steve Elb
Under Negotiation: Price, terms of payment, or both
January 28, 2025 City Council 4
Closed Session (continued)
2. Real Property Negotiations (Government Code §54956.8) (continued) 8) Property: 55 A Municipal Wharf (Marini’s)
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
9) Property: 55 Municipal Wharf B, C, D (Vino by the Sea) APN: 007-381-01
Owner: Ana Wold 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
10) Property: 57 Municipal Wharf (Made in Santa Cruz)
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
11) Property: 59 Municipal Wharf (Stagnaro’s)
APN: 007-351-04
Owner: Stagnaro Bros. Seafood, Inc.
City Negotiator: Bonnie Lipscomb
Negotiating Parties: City of Santa Cruz and Stagnaro Bros. Seafood, Inc.
Under Negotiation: Price, terms of payment, or both
January 28, 2025 City Council 5
City Council
12:45 PM
Call to Order
Roll Call
Oral Communications Announcement – Members of the public may address Council on matters not on the agenda, but within the jurisdiction of the Council. 30 minutes is allocated for Oral Communications. No extra time for groups will be granted.
Oral Communications
Presiding Officer's Announcements
Statements of Disqualification
Additions and Deletions
City Attorney Report on Closed Session
Council Meeting Calendar
3. The City Council will review the meeting calendar attached to the agenda and revise it as necessary.
Consent Agenda
4. Resolution Extending the Emergency Declarations in Connection with the 2022/2023 Winter Storms and 2023/2024 Winter Storms (CA/CM) LOCATION: Citywide
Motion to adopt a resolution extending by sixty days the Local Emergency Declarations in connection with the 2022/2023 and 2023/2024 winter storms.
January 28, 2025 City Council 6
Consent Agenda (continued)
5. Minutes of the January 14, 2025 City Council Meeting (CC) LOCATION: None
Motion to approve as submitted.
6. National Oceanographic and Atmospheric Administration (NOAA) Climate Resilience Regional Challenge Grant: Approval to Execute Subaward of Grant Funds to Develop a Final Design and Implementation of Living Shoreline in Main Beach, and Flood Mitigation, Habitat Enhancement and Restoration in Jessie Street Marsh and San Lorenzo Park (CM)
LOCATION: Districts 1, 2 and 4
Motion to:
1) Adopt a resolution approving the execution of a subaward agreement with California Marine Sanctuary Foundation to accept grant funds from the NOAA Climate Resilience Regional Challenge Grant administered by NOAA’s Office for Coastal Management to develop a final design and implementation of Living Shoreline in Main Beach; to enhance and expand wetland, flood management, trails, and educational and recreational uses at Jessie Street Marsh and San Lorenzo Park;
2) Adopt a resolution amending the FY 2025 budget to appropriate $7,887,878 of funds into project numbers c402513 (Main Beach Living Shoreline) and c302518 (Santa Cruz City Parks Flood Mitigation and Habitat Enhancement and Restoration); and
3) Authorize and direct staff to issue Request for Proposals (RFPs) to complete the necessary California Environmental Quality Act and National Environmental Protection Act documentation, processes, and clearances for the work contemplated in the projects, procure Engineering, Permitting, Surveying, Geotechnical and Right of Way services and direct the City Manager to execute Professional Service Agreements in forms acceptable to the City Attorney. The Parks and Recreation and Public Works Directors are authorized to execute contract amendments for these services within the project budget.
January 28, 2025 City Council 7
Consent Agenda (continued)
7. Emergency Debris Removal (e302501) – Authorization of Emergency Contracts and Budget Adjustment (CM/PR)
LOCATION: Districts 2, 4, and Coastal Areas Located South of the City of Santa Cruz
Motion to:
1) Ratify the emergency contract with Granite Construction (Watsonville, CA) for debris removal related to the December 2024 Municipal Wharf Incident in the amount of $385,000. The Parks and Recreation Director is authorized to execute change orders within the approved project budget;
2) Authorize the City Manager to execute a contract with Granite Construction (Watsonville, CA) for ongoing debris removal from the December 2024 Municipal Wharf Incident in the amount of $400,000 in a form approved by the City Attorney. The Parks and Recreation Director is authorized to execute change orders within the approved project budget;
3) Adopt a resolution to amend the FY 2025 budget to newly appropriate $400,000 of funds; and
4) Approve of the CEQA determination contained in this agenda report.
The Council’s action is exempt from CEQA review under California Code of Regulations, Title 14, Division 6, Chapter 3, Article 18, Section 15269(c) as an emergency project. The Council’s action is also exempt from CEQA review under California Code of Regulations, Title 14, Division 6, Chapter 3, Article 18, Sections 15304 (“Minor Alterations to Land”), 15307 (“Actions for Protection of Natural Resources”), 15308 (“Actions for Protection of the Environment”), and 15061(b)(3) ("Common Sense Exemption”).
8. Establishment of a Council Ad Hoc Housing Subcommittee (CN) LOCATION: Citywide
Motion to establish a Council Ad Hoc Housing Subcommittee with the members to include Mayor Keeley, Vice Mayor Kalantari-Johnson, and Councilmember Newsome.
January 28, 2025 City Council 8
Consent Agenda (continued)
9. Santa Cruz Municipal Wharf Ground (Builder) Lease for Construction of New Restaurant at 45 Municipal Wharf (APN 007-341-05) with Santa Cruz Waterfront, Inc. (EDH)
LOCATION: District 4
Motion to adopt a resolution authorizing the City Manager to negotiate and execute a new ground lease and authorizing the Economic Development and Housing Director to finalize designs through the permit process, and approve or execute any amendments, deeds of trust and assignments, or documents needed thereto of a nonsubstantive nature, in forms approved by the City Attorney, for planning and construction of a new restaurant on real property located at 45 Municipal Wharf (APN 007-341-05) between the City of Santa Cruz and Santa Cruz Waterfront, Inc.
10. Living Wage Rate Annual Prescription for Fiscal Year 2026 (FN) LOCATION: Citywide
Motion to adopt a resolution upwardly indexing the prescribed minimum living wage rate by 2.3%, the amount which corresponds to San Francisco-Oakland-Hayward Area Consumer Price Index (CPI) for Urban Wage Earners and Clerical Workers, for the period ending October 31, 2024, to become effective July 1, 2025; and rescinding Resolution No. NS-30,276.
End Consent Agenda
Public Hearing
11. 2021 Program Year Annual Action Plan Amendment (EDH) LOCATION: Districts 1 and 4
Motion to amend the 2021-2022 U.S. Department of Housing and Urban Development (HUD) Annual Action Plan for Community Development Block Grant (CDBG) to cancel the “2021PY Senior Studio – NRSA" project for $50,000 and reallocate the funding to “2021PY Market St.
Senior Center Renovations” and direct staff to submit to HUD for approval.
January 28, 2025 City Council 9
General Business
12. 2024 Health in All Policies Progress Update and Proposed 2025 Health in All Policies City Council Committee Workplan (CM)
LOCATION: Citywide
Motion to:
1) Accept 2024 Health in All Policies (HiAP) progress update; and 2) Adopt the 2025 HiAP City Council Committee workplan.
13. Ordinance Amending Santa Cruz Municipal Code Chapter 9.36 (“Noise”) and Chapter 9.40 (“Sound Amplifying Equipment”) and Adding Objective Standards to Both Chapters (CN)
LOCATION: Citywide
Motion to:
1) Introduce for publication an ordinance amending Santa Cruz Municipal Code Chapter 9.36 (“Noise”) and Chapter 9.40 (“Sound Amplifying Equipment”) and adding objective standards to both chapters; and
2) Approve the CEQA determination contained in this agenda report and the proposed ordinance. The Council’s action is not a “project” under CEQA. Even if this ordinance or objective standards were considered to be a “project” the following exemptions apply:
“common sense” exemption (“no possibility that the Council’s direction may have a significant effect on the environment.”) (Cal.
Code Regs., tit. 14, § 15061(b)(3)); Class 7 Categorical Exemption (Council action is intended “to assure the maintenance, restoration, or enhancement of a natural resource” (Cal. Code Regs., tit. 14, § 15307); and Class 8 Categorical Exemption (Council action is intended “to assure the maintenance, restoration, enhancement, or protection of the environment.”) (Cal. Code Regs., tit. 14, § 15308.) January 28, 2025 City Council 10
General Business (continued)
14. Ordinance Amending Chapter 21.07 of the Santa Cruz Municipal Code to Create a Process Guaranteeing a Fair Rate of Return to Landlords (CA)
LOCATION: Citywide
Motion to introduce for publication an ordinance amending Chapter
21.07 “Tenant Protections Above AB 1482 Requirements” of the Santa Cruz Municipal Code to create a petition process guaranteeing property owners/landlords a fair rate of return.
15. Annual Comprehensive Financial Report (ACFR) and Popular Annual Financial Report (PAFR) for the Fiscal Year that Ended June 30, 2024 (FN)
LOCATION: Citywide
Receive and file the Annual Comprehensive Financial Report (ACFR), and related reports, for the fiscal year that ended June 30, 2024.
16. 2025 Legislative Program (CM)
LOCATION: Citywide
Motion to:
1) Identify the top two or three Legislative Priorities; and 2) Determine the Legislative Platform issues for 2025.
Advisory Body Appointments
17. Arts Commission
LOCATION: Citywide
Approve Councilmembers Trigueiro and Brunner, and Vice Mayor Kalantari-Johnson's nominations of Arts Commission members, with terms ending January 31, 2029.
January 28, 2025 City Council 11
Advisory Body Appointments (continued)
18. Board of Building and Fire Appeals
LOCATION: Citywide
Approve Two at-large appointments of Board of Building and Fire Appeals members, with terms ending January 31, 2029.
19. Children’s Fund Oversight Committee
LOCATION: Citywide
Approve one at-large appointment of a Children's Fund Oversight Committee member, with a term ending January 31, 2026.
20. Commission for the Prevention of Violence Against Women LOCATION: Citywide
Approve Councilmembers Trigueiro, Brunner, and O'Hara's nominations of Commission for the Prevention of Violence Against Women (CPVAW) members, with terms ending January 31, 2029, and Councilmember Golder's nomination of one commissioner, with a term ending January 31, 2027.
21. County Latino Affairs Commission
LOCATION: Countywide
Approve one at-large nomination of a County Latino Affairs Commission member, with a term ending April 1, 2027.
22. Downtown Commission
LOCATION: District 4
Approve Councilmember Brunner, Vice Mayor Kalantari-Johnson, and Councilmember O'Hara's nominations of Downtown Commission members, with terms ending January 31, 2029.
January 28, 2025 City Council 12
Advisory Body Appointments (continued)
23. Equal Employment Opportunity Committee
LOCATION: Citywide
Approve two at-large nominations of Equal Employment Opportunity Committee (EEOC) members, with terms ending January 31, 2029.
24. Historic Preservation Commission
LOCATION: Citywide
Approve Vice Mayor Kalantari-Johnson and Councilmember O'Hara's nominations of Historic Preservation Commission members, with terms ending January 31, 2029.
25. Parks and Recreation Commission
LOCATION: Citywide
Approve Councilmembers O'Hara and Trigueiro's nominations of Parks and Recreation Commission members, with terms ending January 31, 2029.
26. Planning Commission
LOCATION: Citywide
Approve Councilmembers Trigueiro and Brunner's nominations of Planning Commission members, with terms ending January 31, 2029.
27. Sister Cities Committee
LOCATION: Citywide
Approve two at-large nominations of Sister Cities Committee members, with terms ending January 31, 2029.
January 28, 2025 City Council 13
Advisory Body Appointments (continued)
28. Transportation and Public Works Commission
LOCATION: Citywide
Approve Councilmembers Trigueiro, Brunner, and O'Hara, and Vice Mayor Kalantari-Johnson's nominations of Transportation and Public Works Commission members, with terms ending January 31, 2029.
29. Water Commission
LOCATION: Citywide
Approve Vice Mayor Kalantari-Johnson, and Councilmembers O'Hara and Trigueiro's nominations of Water Commission members, with terms ending January 31, 2029.
Adjournment
January 28, 2025 City Council 14
INFORMATION ITEMS PREVIOUSLY DISTRIBUTED TO CITY COUNCILMEMBERS None.
MAYOR'S PROCLAMATIONS
None.
Public Hearing
If, in the future, you wish to challenge in court any of the matters on this agenda for which a public hearing is to be conducted, you may be limited to raising only those issues which you (or someone else) raised orally at the public hearing or in written correspondence received by the City at or before the hearing.
Any person seeking to challenge a City Council decision made as a result of a proceeding in which, by law, a hearing is required to be given, evidence is required to be taken, and the discretion in the determination of facts is vested in the City Council, shall be required to commence that action either 60 days or 90 days following the date on which the decision becomes final as provided in Code of Civil Procedure Section 1094.6 Please refer to code of Civil Procedure 1094.6 to determine how to calculate when a decision becomes “final.” The 60-day rule applies to all public hearings conducted pursuant to the City’s Zoning Ordinance, Title 24, Santa Cruz Municipal Code. The 90-day rule applies to all other public hearings.