Agenda Item A.5
CONSENT CALENDAR
Meeting Date: July 19, 2022
TO: Mayor and Councilmembers
FROM: Charles W. Ebeling, Public Works Director
SUBJECT: Amendment to Cooperative Agreement 2008-030 between University of California, Santa Barbara, City of Goleta, and County of Santa Barbara for the North Campus Housing Project
RECOMMENDATION:
Approve and authorize the Ma yor to execute Amendment No. 1 to the Cooperative Agreement 2008-030 between University of California, Santa Barbara, the City of Goleta, and the County of Santa Barbara for the North Campus Housing Project.
BACKGROUND:
In 2008, the University of California at Santa Barbara (UCSB) , the County of Santa Barbara, and the City of Goleta (City) entered into an agreement to define the obligations of each party in conjunction with UCSB’s construction of the North Parcel Faculty Housing Project and Sierra Madre Family Student Housing Project . (2008 Cooperative Agreement) These projects were part of UCSB’s 2006 North and West Campuses Long Range Development Plan Amendment.
As part of the 2008 Cooperative A greement, UCSB agreed to (1) improve the open space area in the Ellwood -Devereaux Open S pace, (2) make “fair share” contributions from UCSB towards certain roadways that were impacted by the housing projects , (3) obtain encroachment permits for utilities to run through City property, and (4) encroach upon a City easement along Phelps Road with only trails, backyard landscaping and fences.
This Amendment only concerns the fourth item, which is to allow for UCSB to install a few more minor items in the easement area. It should be noted on August 7, 2012, the City vacated 25 feet of the 104-foot Phelps Road right-of-way along the southern portion of the easement and west of Cannon Green Drive with a reservation of rights to only allow trails, b ackyard landscaping and fences in the vacated easement area. The reservation of rights was to ensure that any adjacent development would not be incompatible with the trail use that extends west of Phelps Road to the Ellwood Mesa.
1 Meeting Date: July 19, 2022
The current phase of the North Campus Housing Project is located along the Phelps Road right-of-way. UCSB has requested that the City allow for the following in the vacated easement area to which the City has reserved rights: placement of a 2-foot- wide by approximately 14-foot-long eave supported by a 2-foot by 2-foot pilaster, which is an architectural treatment to the housing units, and 6-foot by 6 -foot concrete pad to allow for the placement of air condition unit s. These two components are in the backyard of the seven units at issue and are at least 18 feet from the current Phelps Road right-of-way. Public Works staff has reviewed this request and determined that the improvements do not interfere with the public trail that extends west of Phelps Road and runs into the Ellwood Mesa . Staff recommends that the City Council approve Amendment No. 1 to the 2008 Cooperative Agreement to allow for the placement of these improvements in the vacated easement area to which the City has reserved rights.
FISCAL IMPACTS:
There is no fiscal impact associated with this item.
Reviewed By: Legal Review By: Approved By:
___________________ ___________________ _________________ Kristine Schmidt Megan Garibaldi Michelle Greene
Assistant City Manager City Attorney City Manager
ATTACHMENTS:
1. Amendment No. 1 to Cooperative Agreement between University of California, Santa Barbara, City of Goleta, and County of Santa Barbara for the North Campus Housing Project
2. Cooperative Agreement 2008 -030 between University of California, Santa Barbara, City of Goleta, and County of Santa Barbara for the North Campus Housing Project
DISCUSSION:
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Amendment No. 1 to Cooperative Agreement between University of California, Santa Barbara, City of Goleta, and County of Santa Barbara for the North Campus Housing Project
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AmendmentNo.1toCooperativeAmendment
Between UniversityofCalifornia,SantaBarbara,CityofGoleta,andCountyofSantaBarbara 1of3
Amendment No. 1 to Cooperative Agreement
Between University of California, Santa Barbara, City of Goleta, and County of Santa Barbara
This Amendment Number 1 to the Cooperative Agreement by and among The Regents of the University of California, a California public corporation, on behalf of the University of California, Santa Barbara (the “University”), the City of Goleta, a political subdivision of the State of California (the “City”), and the County of Santa Barbara, a political subdivision of the State of California (the “County”), collectively referred to herein as the “Parties” dated November 13, 2006 (“Agreement) is made and entered into as of this ________ day of __________2022.
RECITALS
A. This Cooperative Agreement was entered into by the Parties in furtherance of the University’s proposed faculty and family student housing projects identified in the North and West Campuses 2006 Long Range Development Plan Amendment (“2006 LRDP Amendment”) and associated Notice of Impending Development and Coastal Development Permit (the “2006 NOID and CDP”) for which the University has submitted an application to the California Coastal Commission for Approval; and
B. The parties desire to amend Section 5 of the Cooperative Agreement to allow the University to place certain facilities in the Road ROW Easement as defined in Section 5.
AMENDED TERMS
Now therefore the City and the Parties agree as follows that the Agreement be, and hereby is, amended as follows:
1. Section 5. RIGHT OF WAY. The Parties agree to add the following language as the second paragraph of Section 5 of the Cooperative Agreement:
The University may construct the following in the Road ROW Easement:
a. Concrete pads for the purpose of placing an air condition condenser. b. Overhangs with post elements attached to a building for the purpose of architectural treatment.
2. Except as otherwise specifically provided herein, all other provisions of the Agreement shall remain in full force and effect.
In concurrence and witness whereof, this Amendment Number 1 has been executed by the parties effective on the date and year first above written:
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AmendmentNo.1toCooperativeAmendment
Between UniversityofCalifornia,SantaBarbara,CityofGoleta,andCountyofSantaBarbara 2of3
APPROVED AS TO FORM:
______________________________
N a m e D a t e
University Counsel
APPROVED AS TO FORM:
______________________________
Winnie Cai Date
Assistant City Attorney for the
CITY OF GOLETA
APPROVED AS TO FORM:
COUNTY COUNSEL FOR THE
COUNTY OF SANTA BARBARA
______________________________
N a m e D a t e
County Counsel
THE REGENTS OF THE UNIVERSITY OF
CALIFORNIA, a California Public
Corporation, on behalf of the University of
California, Santa Barbara
__________________________________
Name Date
Vice Chancellor, Administrative Services
Date
CITY OF GOLETA
A political subdivision of the State of
California
__________________________________
Paula Perotte
M
ayor
COUNTY OF SANTA BARBARA
a political subdivision of the
State
of California
__________________________________
Name
Date Chair, Board of
Supervisors
ATTEST:
_______________________________
Name Date
CLERK OF THE BOARD
5 ATTACHMENT 2
Cooperative Agreement 2008-030 between University of California, Santa Barbara, City of Goleta, and County of Santa Barbara for the North Campus Housing Project
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