Goleta City Council
February 7, 2023

Agenda Item B.1

DISCUSSION/ACTION ITEM
Meeting Date: February 7, 2023
____________________________________________________________ TO: Mayor and Councilmembers
FROM: Kristine Schmidt, Assistant City Manager
Matt Fore, General Services Director
SUBJECT: Consideration of Request from the Goleta Valley Historical Society to Host Private Evening Events to 10:00 p.m. at Stow House
RECOMMENDATION:

Consider a request from the Goleta Valley Historical Society to host private evening events, up to 10:00 p.m., at the Stow House at the Lake Los Carneros Natural and Historic Preserve.

BACKGROUND:

The Goleta Valley Historical Society (GVHS) is party to a management and lease agreement with the City of Goleta for oversight of the historic Stow House at Rancho La Patera and associated facilities, adjacent to Lake Los Carneros. The property is part of the Lake Los Carneros Natural and Historic Preserve. The GVHS is a local non -profit organization that has successfully operated the facilities and grounds through terms in the agreement that detail City and GVHS responsibilities. On August 20, 2013 , the City Council authorized the City Manager to execute a thir d amendment to the management and lease agreement, which extended the initial 26-year term for an additional 10 years, through September 2040. The lease, with amendments, is included in Attachment 1.

Separate from the management and lease agreement, the City provides grant funding to the GVHS through the Support to Other Agencies Program . On May 5, 2022, Council approved $100,000 for FY 202 2-23. The funding is granted to GVHS to support its operations, which consist of:
 Educational and entertainment progr amming for the community that promote s local history.
 Overseeing rentals of the property for community events throughout the year.  Caretaking and those maintenance responsibilities of the Stow House and associated facilities that fall to the GVHS under the lease.1
1 Under the lease, the City is responsible for maintenance of the Stow House exterior and a significant amount of the grounds, mechanical systems, and utility lines. The grant funding supports the GVHS’s own maintenance responsibilities.
1 Meeting Date: February 7, 2023

In addition to Support to Other Agencies Program funding, the GVHS received a smaller $5,300 grant this FY 2022-23 through the Goleta City Grant Program in support of its “Stow 150” celebration.

The GVHS has approached City staff asking for consideration to allow the hosting of privately held events at the property in the evenings. These events would consist primarily of weddings and receptions , birthday celebrations, and similar types of events . This would provide the GVHS with additional facility rental income (ranging from $300-$2,000 per event) while offering community members a unique venue for these types of special events.

The GVHS would limit evening events to six or fewer per year, ending before 10:00 p.m.

The events would be consistent with the type of events currently held at the Stow House during the day ; those that the GVHS determines are appropriate for the site (e.g., birthdays, anniversaries, weddings, but not fraternity/sorority events). The number of attendees would likely range between 50 to 300. The GVHS would improve lighting in the outdoor lawn area and would also require additional lighting to be provided by event organizers. Any event where they have amplified sound would include regular monitoring to ensure the noise level is compliant with City ordinances, as the GVHS currently monitors Music at the Ranch. Organizers would need to provide p arking attendants for any event over 50 people.

Any potential c hanges to the lease agreement raise policy questions that are best addressed by the City Council.

DISCUSSION:

Barriers and Considerations
There are several potential barriers and considerations relevant to the GVHS’s request to hold private evening events on the Stow House property.  First, the current lease terms do not allow it. In considering the GVHS’s request, staff reviewed the terms of the existing management and lease agreement. The agreement allows for GVHS to make the Stow House facilities reasonably available to the public for appropriate and limited public and private functions and requires users to pay a fee for use of the property. However, the lease terms stipulate that events cannot take place past dusk. A lease amendment would be necessary to change this. As the prope rty is not currently lighted for evening events, the lease should also be amended to include required lighting for evening events and other risk management provisions. A sample draft lease amendment is included in Attachment 3.
 Second, the Goleta Municipa l Code Section 12.15.090 states generally that park facilities will be closed at sunset. The “Community Services Director” (Community Services was the previous name of the Public Works Department) is authorized to establish such other hours of park operation as may be determined appropriate . 2 Meeting Date: February 7, 2023

The Stow House is a park facility, so either the Municipal Code section would need to be changed or the Public Works Director would need to authorize different hours for this change to occur.2

 Third, the Stowe House is immediately adjacent to environmentally sensitive habitat in the Lake Los Carneros Natural and Historic Preserve . Any expansion into evening events should be evaluated for its impact on wildlife in and around Lake Los Carneros. Since this was such an important issue, staff asked Rincon Consulting, Inc. to review the potential impact of expanding the ability of GVHS to hold these events in the evening, which currently only occur during the daytime, on biological resources. The purpose of this analysis was to determine (1) if environmental impacts associated with the project could potentially be significant and (2) the appropriate level of CEQA documentation required for the project. The results of that review are included in Attachment 2. In summary, given compliance with existing State and City regulations and requirements, the proposed project would likely not result in significant environmental impacts to any of the resource topics identified in the CEQA Guidelines Appendix G Checklist. The project could be statutorily or categorically exempt from CEQA because the project (1) would be limited to 3 to 50 evening events per year, equating to less than one event per week; (2) would not include new ground disturbance; and (3) would likely not result in significant impacts. If the project is considered a “ministerial project” by the City, the project could be statutorily exempt from CEQA under Section 15268 of the CEQA Guidelines. The project could also potentially qualify for a Clas s 23 categorical exemption (Normal Operations of Facilities for Public Gatherings) per CEQA Guidelines Section 15323. Class 23 consists of normal operations of existing facilities for public gatherings for which the facilities were designed, where there is a past history of the facility being used for the same or similar kind of purpose.

 Fourth, General Plan OS 7.5 applies to Open Space for Outdoor Recreation.

Policy OS 7.5 b. states : “Lake Los Carneros Natural and Historic Preserve shall be managed primarily as a passive preserve, with low intensity activities allowed near the Stow House, the historic farm buildings, and the historic Goleta Train Depot and South Coast Railroad Museum.” Council would need to determine whether limited evening events, as opposed to daytime only events, constitute an appropriate low intensity activity.

2 Note: A Special Event permit process for this type of event is not available to GVHS because Special Events permits apply only to public events on public property and more recently to some limited public events on private property, and not to private events on public property. The Fiesta Ranchera, which is the only event at the Stowe House that traditionally occurs after dark, is a public event on public property and is approved under a Special Event permit. This lease amendment is not required to obtain a Temporary Event Permit under Goleta Municipal Code Chapter 9.01 because events authorized by and conducted pursuant to a lease of City property is exempt under Section

9.01.030(A)(3).

3 Meeting Date: February 7, 2023

 Finally, the Stow House is located next to a residential area and evening events could impact neighborhood noise and parking in ways that are different from daytime events. The GVHS has independently negotiated supplemental parking in the lot owned by Christ Lutheran Church (currently occupied by Anthem Chapel), but the continued availability of that additional parking is not guaranteed. Also, an empty field in the area nort h of the Stow House leasehold that has been traditionally used for overflow parking for the largest events has been determined by staff to be part of the Lake Los Carneros Natural and Historic Preserve and not suitable for parking. Both of these issues already have the potential to negatively affect residential on-street parking in the daytime, and this may be exacerbated in the evening when more people in the neighborhood may be home. Therefore, a public input process to evaluate neighborhood impacts would be advisable before expanding the scope of the lease.

None of these barriers bar Council from deciding to allow evening events at Stow House.

Path Forward

If the City Council decides to entertain the GVHS’s request to allow private events on this public property past dusk, staff would recommend the following process:
 Direct staff to perform outreach to the public, neighborhood, and stakeholder s (e.g., the Audubon Society) to determine the level of support or opposition to the proposal and report this feedback back to the GVHS and the City Council.  If, following the receipt of this public feedback Council wishes to proceed, adopt a lease amendment similar to Attachment 3 to allow evening events, including any additional reasonable restrictions informed by the neighborhood outreach process.

While staff believes this would be an appropriate path to take, there are reasons Council might not want to proceed, other than the community and environmental concerns listed above. For example, pursuing this path will require City staff time, impacting other Council priorities. Also, Council should also expect that, if it elects to allow one lessee to hold evening events in a park, it might expect others, such as the Railroad Museum, to ask for the same.

FISCAL IMPACTS:

There are no direct fiscal impacts associated with this item. Unless otherwise directed by Council, should Council wish to proceed, GVHS would assume costs related to public noticing. However, as mentioned above, this would require the use of budgeted staff time that would otherwise be used to address other City priorities.

ALTERNATIVES:

Council may decide to deny the GVHS’s request to host private events in the evenings on the property. Alternatively, Council could postpone any consider ation of evening events at the Stow House and include an analysis of this in the upcoming update of the 4 Meeting Date: February 7, 2023

Lake Los Carneros Management Plan. Council could also direct staff to return with a lease amendment without conducting the recommended public process.

Reviewed By: Legal Review By: Approved By:

___________________ ___________________ _________________ Kristine Schmidt Megan Garibaldi Robert Nisbet
Assistant City Manager City Attorney City Manager

ATTACHMENTS:

1. Lease Agreement with GVHS, with prior amendments 1, 2 and 3

2. Letter from Rincon Consultants, Inc., dated August 31, 2021: “ Stow House Nighttime Events Project, CEQA Environmental Impact Analysis, Goleta, Santa Barbara County, California”

3. Draft Lease Amendment to Allow Nighttime Events
5 ATTACHMENT 1:

Lease Agreement with GVHS, with prior amendments 1, 2 and 3

6 Agreement No. 'YooLf-04-5
City of Goleta, California

MANAGEMENT AND LEASE AGREEMENT

BETWEEN THE CITY OF GOLETA

AND THE GOLETA VALLEY HISTORICAL SOCIETY
7 TABLE OF CONTENTS
PAGE
·1. ADMINISTRATION ............................................................................................... 5

2. PREMISES ........................................................................................................... 5

3. PURPOSE ............................................................................................................ 5

4. TERM ............................................................................................................. 5 HOLDOVER .......................................................................................................... 6

6. ASSIGNMENT ...................................................................................................... 6

7. CONSIDERATION ................................................................................................ 6

8. MAINTENANCE AND REPAIRS ........................................................................... 6

9. UTILITIES AND SERVICES .................................................................................. 7

10. USE OF PREMISES ............................................................................................. 9

11. FEE SCHEDULES .............................................................................................. 11

12. REVENUES AND EXPENSES ............................................................................ 11

13. TAXES AND ASSESSMENTS ............................................................................ 11

14. CONSTRUCTION ............................................................................................... 12

15. ABANDONMENT ................................................................................................ 12

16. CITY ACCESS .................................................................................................... 12

17. INDEMNIFICATION ............................................................................................ 13

18. INSURANCE ....................................................................................................... 13

19. CITY INSURANCE .............................................................................................. 15

20. AGENTS' INSURANCE ...................................................................................... 15

21. REMOVAL OF IMPROVEMENTS ....................................................................... 16 8 22. CITY INTEREST ................................................................................................. 17

23. UNLAWFUL DISCRIMINATION .......................................................................... 17

24. MATERIAL BREACH OF LEASE ........................................................................ 17

25. NOTICES ........................................................................................................... 18

26. RESIDENTIAL PROHIBITION ............................................................................ 18

27. CITY REGULATIONS ......................................................................................... 18

28. ENVIRONMENTAL IMPAIRMENT ...................................................................... 18

29. DEFAULT ............................................................................................................ 19 :30. REMEDY IN EVENT OF DEFAULT .................................................................... 19

31. WAIVER ........................................................................................................... 20

32. COMPLIANCE WITH THE LAW ......................................................................... 20

33. ACCEPTANCE OF PREMISES .......................................................................... 20

34. PROHIBITION ON ENCUMBRANCES ............................................................... 20

35. AMENDMENTS ................................................................................................... 20

36. TERMINATION ................................................................................................... 21

37. PRIOR AGREEMENTS AND LEASE .................................................................. 21 EXHIBIT "A"
EXHIBIT "B"
EXHIBIT"C"
EXHIBIT "D"
EXHIBIT "E"
MAP OF PREMISES .......................................................................... 22 MAINTENANCE AND REPAIR RESPONSIBILITIES ........................ 23 AGREEMENT FOR USE OF STOW HOUSE GROUNDS ................. 27 SCHEDULE OF ACTIVITIES ............................................................. 33 AUTHORIZATION FORM .................................................................. 35 9 Agreement No. yo o 'f-01--S
City of Goleta, California

MANAGEMENT AND LEASE AGREEMENT

BETWEEN THE CITY OF GOLETA

AND THE GOLETA VALLEY HISTORICAL SOCIETY
This Management and Lease Agreement is made and entered into this 20th day of September 2004, by and among the City of Goleta, a California municipal corporation, hereinafter referred to as "CITY," and the Goleta Valley Historical Society, a non-profit corporation, hereinafter referred to as "SOCIETY." In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:
111\fHEREAS, upon incorporation, CITY assumed ownership of the real property known as Lake Los Cameras Natural and Historic Preserve, a community park which includes several buildings and grounds appurtenant thereto, including the Stow House, its grounds and all associated buildings and facilities, and used by the private and public sectors, and more particularly described as a portion of Assessor's Parcel Number 77-160-57; and WHEREAS, the County of Santa Barbara, the prior owner of Lake Los Cameras Natural and Historic Preserve, previously entered into a Lease Agreement with SOCIETY, dated February 4, 1980 and subsequently amended on August 19, 1985; and WHEREAS, the Lease Agreement has terminated pursuant to its terms; and WHEREAS, Government Code Section 37396 allows CITY to lease City-owned property for park, recreational and exhibition purposes; and
WHEREAS, the SOCIETY desires to continue to occupy and operate the premises to serve the educational and recreational needs of the general public; and WHEREAS, the CITY deems the leasing of the premises and buildings to SOCIETY and the management of the premises by SOCIETY to be in the best interests of the CITY, NOW, THEREFORE, CITY hereby leases to SOCIETY and SOCIETY hereby takes the property described herein subject to the following terms and conditions:
10 'I. ADMINISTRATION: The provisions of this Management and Lease Agreement (hereinafter "Agreement") shall be administered and enforced for CITY by the City Manager or designee. SOCIETY'S occupancy shall at all times be subject to all provisions of the rules and regulations of the City of Goleta Municipal Code, and any applicable permits.

SOCIETY shall perform its part of this Agreement as a lessee and nothing herein contained shall be construed to be inconsistent with this relationship or status.

2. PREMISES: The real property and improvements leased to SOCIETY and covered by this Agreement (hereinafter "Premises") are located in City of Goleta, State of California, and commonly known as a portion of Santa Barbara County Assessor's Parcel Number:
77-160-57 and said Premises are shown on Exhibit "A" which is attached hereto and made a part hereof by reference. The parking lot adjacent to the Premises shall remain common space and will be a joint use area to be shared by SOCIETY and occupants of and visitors to the Goleta Depot and Lake Los Gameros Natural and Historic Preserve.

3. PURPOSE: CITY leases the Premises to SOCIETY for the purpose of obtaining management, operation, and maintenance of said Premises for historical preservation, educational purposes and recreational use by the public in a manner consistent with public park use. SOCIETY shall properly maintain and repair the buildings and improvements appurtenant thereto to keep them clean, neat and sanitary for the use of the private and public sectors.

4. TERM: The term of the Agreement shall be for fifteen (15) years commencing on September 20, 2004, and shall run through September 20, 2019, unless sooner terminated as herein provided.

SOCIETY may elect to extend this Agreement for an additional period of five (5) years.

Should SOCIETY elect to exercise such option, then SOCIETY shall notify CITY of such election in writing no less than ninety (90) calendar days prior to the termination date of this Agreement.
-5-
11 5. HOLDOVER: CITY and SOCIETY agree that in the event this Agreement is not renewed by the date of expiration stated herein, and in the event that CITY does not otherwise make arrangements for maintenance of the Premises, a hold over period from month to month, and not to exceed a total of twelve months, shall commence and all terms and conditions in this Agreement shall remain in full force and effect.

6. ASSIGNMENT: SOCIETY shall not assign this Agreement or any interest, or any part thereof, or any right, or privilege appurtenant thereto without the written consent of CITY. Any attempt to assign shall be void and without legal effect.

7. CONSIDERATION: The SOCIETY agrees to pay CITY, ONE DOLLAR ($1.00) per year during the term of this lease (due and payable for the full lease term of fifteen years in advance) and to perform such services as specified herein. SOCIETY'S payment of Fifteen Dollars ($15) shall be made to CITY and sent within thirty (30) calendar days of the 1:ixecution of this agreement to the address shown in Section 25, NOTICES, or such other place as the parties shall agree upon.

8. MAINTENANCE AND REPAIRS: SOCIETY hereby agrees to maintain the interior of Stow House and to maintain the interior and exterior of all accessory buildings now on the Premises; provided, however, that CITY will maintain the exterior and structure of Stow House and the landscaped grounds leased hereby. CITY also shall be responsible for maintenance of fire equipment on the Premises. CITY and SOCIETY further agree to perform maintenance and repair work on the subject properties and appurtenances as said maintenance and repair responsibilities are set forth in Exhibit "B", attached hereto and incorporated herein by reference. In the event of a disagreement between the provisions of this section and Exhibit "B", the exhibit shall prevail. SOCIETY agrees that CITY has the right to revise said Exhibit "B'' as part of its approval of any new structures and/or improvements to the Premises proposed by SOCIETY.
-6-
12 All maintenance and repair work will be done in a competent and workmanlike manner.

SOCIETY shall send written notice to CITY that such maintenance and repair work is needed at least thirty (30) calendar days prior to the commencement of said work. CITY shall confer with SOCIETY prior to the commencement of any repair or replacement work on the exterior of Stow House or on the adjacent landscaped grounds.

SOCIETY shall employ all persons required for the performance of SOCIETY'S responsibilities under this Agreement and such persons shall be and remain employees of SOCIETY and shall not be the agents or employees of CITY. SOCIETY hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should SOCIETY so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against CITY for such use of unauthorized aliens, SOCIETY hereby agrees to and shall reimburse CITY for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys' fees, incurred by CITY.

SOCIETY agrees not to employ help, purchase or rent supplies, equipment or services, or incur any expenses in the name of CITY.

9. UTILITIES AND SERVICES:

A. WATER SERVICE. CITY shall pay for and make arrangements for water service to the Premises.

B. WASTEWATER COLLECTION SERVICE. SOCIETY shall make
arrangements for and pay all service and connection charges for wastewater removal services at the Premises. SOCIETY shall be directly billed by the Goleta West Sanitary District for said service on an annual basis. -7-
13 C. SOLID WASTE REMOVAL AND RECYCLING. SOCIETY shall make arrangements for and pay all charges for the removal of solid waste from the Premises. This service shall include routine weekly pick-up of waste, recycling, and any additional removal of waste needed for periodic events and activities conducted on the Premises. CITY reserves the right to assume responsibility for the removal of all waste from the Premises, at such time as CITY has established a City solid waste franchise within the City of Goleta.

D. ELECTRICAL SERVICE. SOCIETY shall also make arrangements for and pay all service and connection charges for electrical service on the Premises.

E. NATURAL GAS SERVICE. SOCIETY shall make all arrangements and pay all service and connection charges for natural gas service on the Premises.

F. TELEPHONE SERVICE. SOCIETY shall be responsible for making arrangements for and paying all service and connection fees for telephone service at the Premises as well.

G. CABLE SERVICE. Cable service for the Caretaker's House shall be the responsibility of the caretaker(s) hired from time to time by the Society to maintain portions of the Premises and to provide security. Said caretaker(s) shall at all times be responsible for making arrangements for and payment of all cable service and connection charges.

If SOCIETY'S utility or service requirements increase over the existing level of utility or service use as of the date the term commences, SOCIETY shall be required to pay for any and all new utility or services used and/or installed on said Premises. Installation costs shall include not only the costs of installing utilities or services on the Premises, but also the cost of bringing such utilities or services to the Premises. If SOCIETY is constructing or remodeling improvement(s) and additional utility or service installation is required (i.e. wiring, plumbing, conduits, and mains) as a result from SOCIETY'S changes or increased -8-
14 utility or service requirements, SOCIETY shall pay on demand by the public utility or service company(s) the total costs of said utility and/or service.

It is further agreed by the parties that CITY shall make provisions to maintain and repair all exterior water and sewer lines as per Exhibit B of this Agreement. ·10. USE OF PREMISES: SOCIETY shall manage and operate the Premises and shall not permit the Premises to be used for any other purposes than as defined herein, without first obtaining the written consent of CITY. SOCIETY shall not encourage, or permit to continue within the Premises, acts which are unlawful. To do so constitutes a material breach of this Agreement. At all times, use of the Premises shall be subject to all applicable rules and regulations pertaining to developed parks of CITY, and to any applicable permits. SOCIETY agrees to submit an application to CITY for a Major Conditional Use Permit within ninety (90) days of the effective day of this lease agreement, should a Major Conditional Use Permit be required.

SOCIETY hereby agrees to use, and to permit the use of the Premises leased herein solely for community activities and for the benefit and enjoyment of the general public, and further agrees to make said Premises available to members of the public and civic groups and organizations of similar nature on a nondiscriminatory basis. SOCIETY may consider and approve any uses to be made to the Stow House grounds which are consistent with the policies set forth herein. All such uses are subject to all applicable rules and regulations pertaining to developed parks of CITY, any applicable permits, and the conditions set forth in Exhibit "C", "Agreement for Use of Stow House and Grounds", which is attached hereto and incorporated herein by reference.

SOCIETY shall limit its use of the grounds of Stow House to those uses that are compatible with the purposes set forth above, do not constitute an undue burden on or risk to the 'facilities or the grounds and Stow House, are sponsored by or approved by the SOCIETY as per SOCIETY'S rules and regulations, and are designed to foster and further the primary purposes of the SOCIETY, including, but not limited to:
-9-
15 A. Publicizing the Stow House facilities.

B. Raising funds for maintenance, improvement and restoration of the facilities.

C. Conducting Society functions: including but not limited to tours, meetings of the Society's membership, and open houses.

D. Making the Stow House facilities reasonably available to the public for appropriate and limited public and private functions.

Furthermore, SOCIETY agrees that all users will pay a fee which is sufficient to defray the costs the Society incurs in connection with such event. Such costs may include utilities, cleaning, personnel stationed to monitor the event, and such other costs as are incidental thereto. All events must be conducted in accordance with the rules adopted by CITY with respect to the use of CITY parks by private groups.

A "SCHEDULE OF ACTIVITIES" is included in this Agreement as Exhibit "D" and is made a part hereof by reference herein. SOCIETY agrees to furnish quarterly to CITY, the schedule of events and activities planned for the ensuing year, and to notify CITY of any additions or deletions to the schedule at least seven (7) calendar days prior to the date of the scheduled event.

SOCIETY and CITY hereby acknowledge and agree that no alcoholic beverages other than beer or wine may be served in Lake Los Carneros Natural and Historic Preserve, or any other of CITY'S parks. SOCIETY hereby agrees not to permit alcoholic beverages to be sold, served, consumed or brought upon the Premises unless specifically authorized by CITY. CITY may allow beer and wine (including champagne) to be served at events conducted on the Premises if users comply with SOCIETY'S rules and regulations as outlined in Exhibit "C," as well as all applicable rules then in effect with respect to developed parks of CITY. Sale of beer and/or wine by SOCIETY, or any other users of the -10-
16 Premises, is prohibited unless the seller obtains a Temporary Liquor License from the Alcoholic Beverage Control Board in compliance with County Ordinance No. 2543. Any party desiring to sell beer or wine on the Premises must first obtain an Authorization Form from CITY, and then submit the Form to the Alcoholic Beverage Control Board for final approval of a Temporary Liquor License. A copy of CITY'S Authorization Form is attached hereto in Exhibit "E."
SOCIETY agrees that at any time during the term of this Agreement, if SOCIETY discontinues the use of the Premises for community recreation and historical preservation, this discontinuance shall constitute a material breach of this Agreement. ·11. FEE SCHEDULES: SOCIETY agrees that it will not impose or levy any discriminatory or otherwise unreasonable charges or fees for the public use of the Premises.

CITY shall have the right, at any time, to review any and all fees, charges and prices established or made by SOCIETY and to notify SOCIETY if they find any fees, charges and prices are unreasonable or unlawfully discriminatory. A schedule of fees is incorporated into EXHIBIT "C". SOCIETY shall submit any proposed changes to the schedule of fees to CITY for review.

12. REVENUES/EXPENSES: SOCIETY agrees that any and all revenues received by SOCIETY shall be used for the benefit of the Premises and that any shortfall between the income and the expenditures shall be paid for by SOCIETY. SOCIETY agrees to submit to CITY its annual budget for review within thirty (30) calendar days of adoption. The purpose of such inspection shall be for verifying the proper use of the aforementioned revenues.

13. TAXES AND ASSESSMENTS: SOCIETY, by their signature herein, acknowledges that the use or occupancy of the Premises by SOCIETY may constitute a possessory interest which may be subject a to property taxation. SOCIETY shall pay and discharge all taxes and assessments, including special and/or possessory interest taxes, if any, levied -11-
17 upon said property, based on the use or occupancy of the Premises. '14. CONSTRUCTION: SOCIETY may construct or make reasonable structural changes to the existing facilities in, on, or about the Premises. Such changes shall be made solely at the expense of SOCIETY and SOCIETY shall obtain prior written authorization from the CITY for construction or alterations on the Premises.

Any construction or alterations in, on, or about the Premises shall be presented to CITY in written form with proposed plans prior to any constructions or alterations. The CITY'S consent shall be deemed conditioned upon SOCIETY acquiring appropriate permits from governmental agencies, the furnishing of a copy thereof to CITY prior to the commencement of the work, and the compliance by SOCIETY with all conditions of said permit in a prompt and expeditious manner. Any and all permits or clearances required shall be made only on the merits of the application thereof, and nothing in this Agreement shall be construed to require that CITY, or any other government agency, is required to grant such permits or clearances. SOCIETY shall give CITY not less than thirty (30) calendar days written notice prior to the commencement of any work in, or about the Premises, and CITY shall have the right to post Notices of Non-responsibility in or on the Premises as provided by law.

Any construction or alterations by SOCIETY pursuant to this section shall keep the leasehold and improvements free and clear of liens for labor and material expended by or for SOCIETY or on its behalf and shall hold CITY harmless with respect to any such improvements.

15. ABANDONMENT: SOCIETY shall not vacate or abandon the Premises at any time during the term of this Agreement, and if SOCIETY shall abandon, vacate, or surrender such Premises, any personal property belonging to SOCIETY and left on the Premises thirty (30) calendar days thereafter shall be deemed abandoned, at the option of CITY.

16. CITY ACCESS: SOCIETY agrees to permit CITY and its authorized agents, -12-
18 employees, and independent contractors access to the Premises at all reasonable times for the purpose of inspection or for making necessary improvements or repairs, as deemed necessary by CITY.
'17. INDEMNIFICATION: SOCIETY agrees to defend, indemnify and hold harmless CITY, its officers, agents, and employees from and against loss, personal injury, property damages, claims, suits, proceedings (including reasonable attorney's fees), judgments or liabilities arising from negligent or willful acts or omissions of SOCIETY, their officers, agents, employees, and contractors occasioned by or in connection with the use of the Premises by SOCIETY, whether such loss, personal injury, or property damage is sustained by SOCIETY, their officers, agents, or employees, or any other person.

CITY agrees to defend, indemnify and hold harmless SOCIETY, its officers, agents, and employees from and against loss, personal injury, property damages, claims, suits, proceedings (including reasonable attorney's fees), judgments or liabilities arising from negligent or willful acts or omissions of CITY, their officers, agents, employees, and contractors occasioned by or in connection with the use of the Premises by CITY, whether such loss, personal injury, or property damage is sustained by CITY, their officers, agents, or employees, or any other person.
·1s. INSURANCE: SOCIETY shall procure the following required insurance coverage.

Certificate(s) of Insurance shall be furnished to the CITY upon the execution of this Agreement. Certification of all required policies shall be signed by a person authorized by that insurer to bind coverage on its behalf and must be filed with CITY prior to exercising any right or performing any activities pursuant to the Agreement. Said policies shall be 1:mdorsed to state that coverage shall not be cancelled by either party, without thirty (30) calendar days prior notice in writing to CITY. Furthermore, all policies, excluding Workers' Compensation, shall contain an endorsement naming CITY as an additional insured.

SOCIETY shall give CITY prompt and timely notice of claim made or lawsuit arising out of SOCIETY'S operations hereunder.
-13-
19 Insurance coverage in the minimum limits as specified below shall be maintained during the term of this Agreement. All insurance coverage shall be placed with insurers which; 1) have a Best's rating of no less than A-VII or equivalent rating, and 2) are admitted insurance companies in the State of California. All other insurers require prior approval of the CITY. Failure to comply with the insurance requirements and to furnish Certificates of Insurance shall constitute a material breach of this Agreement. CITY may periodically review the minimum limits as established below. In the event of a change in the minimum limits, the CITY shall inform SOCIETY of such change by giving written notice to SOCIETY no less than sixty (60) calendar days prior to the expiration date of any existing insurance policy or policies. Upon request by CITY, SOCIETY shall provide certified copies of any insurance policies to CITY within ten (10) calendar days.

A. GENERAL AND AUTOMOBILE LIABILITY INSURANCE: The general liability insurance shall include personal injury liability coverage, shall afford coverage for all Premises and operations of SOCIETY, shall include contractual liability for the agreement between CITY and SOCIETY, and in the event SOCIETY sells merchandise and/or services to the public shall include products/completed operations liability coverage. The automobile liability insurance shall cover all owned, non-owned and hired motor vehicles which are operated on behalf of SOCIETY pursuant to SOCIETY'S activities hereunder. CITY, its officers, employees, and agents shall be named as "Additional Insured" on any policy.

The limit of liability of said policy or policies for general and automobile liability insurance shall not be less than $1,000,000.00 per occurrence combined single limit for bodily injury and property damage. Personal injury coverage should also be in the amount of not less than $1,000,000.00 per occurrence and aggregate.

Said policy or policies shall contain a provision that such insurance as is afforded by this policy shall be primary and contributory to the full limits stated in the declarations, and if the CITY has other valid and collectible insurance for a loss covered by this policy, that other insurance shall be excess only. -14-
20 B. PROPERTY INSURANCE: SOCIETY shall maintain insurance coverage of all of the contents of the interiors of Stow House and all out buildings which it owns. Any insurance policy shall include provisions denying to the insurer acquisition by subrogation of rights of recovery against the other party to the extent the rights have been waived by the insured prior to occurrence of loss or injury.

C. WORKERS' COMPENSATION INSURANCE: Statutory Workers'
Compensation and Employer's Liability Insurance shall cover all SOCIETY'S staff while performing any work incidental to the performance of this Agreement. The policy shall provide that no cancellation, major change in coverage, or expiration shall be effective or occur until at least thirty (30) calendar days after receipt of such notice by CITY.

19. CITY INSURANCE: CITY shall maintain All-Risk Property Insurance coverage and General Liability Insurance coverage for the $tow House, its grounds, and all associated buildings and facilities on the Premises.

20. AGENTS' INSURANCE: SOCIETY shall require all contractors, permitees, and Hcensees (hereinafter "agents") performing any activities or duties on said Premises, to carry such general liability insurance and workers' compensation insurance according to the terms and in the limits detailed below. Certification of all required policies shall be signed by a person authorized by that insurer to bind coverage on its behalf and must be flied with SOCIETY prior to the commencement of any work on the Premises. Said policies shall be endorsed to state that coverage shall not be cancelled by either party, without thirty (30) calendar days prior notice in writing to SOCIETY. Furthermore, all policies, excluding Workers' Compensation, shall contain an endorsement naming CITY as an additional insured. SOCIETY shall give CITY prompt and timely notice of claim made or suit instituted arising out of the agent's operations hereunder.
-15-
21 the Premises and the effects of such occupant without hereby incurring any liability for such entry and removal.

31. WAIVER: The waiver by CITY of a breach of any term of this Agreement shall not be construed to be a waiver of any future breach of the same or any other requirement contained in this Agreement. The acceptance of any fees or charges by CITY shall not be treated as a waiver of any breach of any term of this Agreement, other than the failure of SOCIETY to pay the particular fees or charges so accepted, regardless of CITY'S knowledge of a previous breach at the time of acceptance thereof.

32. COMPLIANCE WITH THE LAW: The SOCIETY shall comply with all local, city, state and federal laws, rules, and regulations relating to the use of the Premises.

33. ACCEPTANCE OF PREMISES: The SOCIETY has examined the Premises and has determined that the Premises are suitable for the needs and operations of the SOCIETY.

34. PROHIBITION ON ENCUMBRANCES: SOCIETY shall have no right to grant any security interest in this Agreement, the Premises or any improvements thereon. Any attempt to grant a security interest or otherwise encumber the Premises or its improvements, even if constructed by or at the direction of SOCIETY, shall be void and without legal effect.
:35. AMENDMENTS: This Agreement may be modified by written agreement of CITY and SOCIETY. The parties acknowledge that circumstances may arise which may call for or require mutual good faith negotiations for the amendment of the Agreement. Without limitation due to enumeration, the parties agree to meet and confer regarding the possible mutual amendment of this Agreement within thirty (30) calendar days of the written notice by one party to the other party that an amendment is desired. -20-
22 All insurance coverage shall be placed with insurers which; 1) have a Best's rating of no less than A-VII or equivalent rating, and 2) are admitted insurance companies in the State of California. All other insurers require prior approval of the CITY. Failure of agents to comply with the insurance requirements and to furnish Certificates of Insurance shall constitute a material breach of this Agreement.

A. GENERAL LIABILITY INSURANCE. The general liability insurance shall include personal injury liability coverage, and shall afford coverage for all operations of the agents on the Premises. SOCIETY, its officers, employees, and agents and CITY, its officers, employees, and agents shall be named as "Additional Insured" on any policy. The limit of liability of said policy or policies for general liability insurance shall not be less than $1,000,000.00 per occurrence combined single limit for bodily injury and property damage. Personal injury coverage should also be in the amount of not less than $1,000,000.00 per occurrence and aggregate. Said policy or policies shall contain a provision that such insurance as is afforded by this policy shall be primary and contributory to the full limits stated in the declarations, and if the SOCIETY or CITY have other valid and collectible insurance for a loss covered by this policy, that other insurance shall be excess only.

B. WORKERS' COMPENSATION INSURANCE: Statutory Workers'
Compensation and Employer's Liability Insurance shall cover the agent's staff while performing any work on the Premises. The policy shall provide that no cancellation, major change in coverage, or expiration shall be effective or occur until at least thirty (30) calendar days after receipt of such notice by CITY.

21. REMOVAL OF IMPROVEMENTS: Upon termination of this Agreement (including any extension thereof) by default, expiration, or any other reason, SOCIETY shall vacate and return possession of said Premises to CITY. Prior to returning possession of said Premises, SOCIETY, shall upon request of CITY: 1) remove all SOCIETY owned structures and improvements constructed by SOCIETY on said CITY property, and restore said CITY -16-
23 property to a condition satisfactory to CITY, or; 2) transfer to CITY title and interest to said SOCIETY owned structures and improvements constructed on said CITY property, to be conveyed at no cost, to the CITY.

Upon expiration or termination of this Agreement for any reason, SOCIETY shall remove from said CITY land, any personal property owned by it or any personal property owned by third parties. Any and all personal property left on the Premises for a period of more than thirty (30) calendar days after termination shall be deemed abandoned, at the option of CITY.
:22. CITY INTEREST: CITY'S interest in SOCIETY'S operations hereunder shall be deemed that of a landlord, and SOCIETY'S operations hereunder shall not be considered as an operation of the City of Goleta, and shall be as an independent contractor and not an agent, employee, or officer of CITY.

23. UNLAWFUL DISCRIMINATION: SOCIETY, in the use and operation to be conducted pursuant to the provisions of this Agreement, will not discriminate or permit discrimination against any person or class of persons by reason of race, color, creed, religion, ancestry, age, sex, or national origin in any manner prohibited by the laws of the United States, the State of California, or any ordinance or policy of CITY. Noncompliance with provisions of this article shall constitute a material breach hereof and, in addition to any remedies provided by law, CITY shall have the right to terminate this Agreement and the interest hereby created without liability thereof.

24. MATERIAL BREACH OF LEASE: When the term material breach is used in this Agreement, it shall be construed to mean that, in addition to other remedies as provided by law, CITY has the right to terminate this Agreement, and the interest hereby created, without liability thereof.
-17-
24 25. NOTICES: All notices shall be in writing and shall be deemed to have been given on the date delivered, if personally delivered, or if mailed, then on the second business day following the date on which it is mailed, by certified or registered mail, postage prepaid, addressed to the address specified below, or to such other address designated by the party in writing.

To CITY:

To SOCIETY:

City Manager
City of Goleta
130 Cremona Drive, Suite B
Goleta, California 93117
Goleta Valley Historical Society
304 North Los Cameras Road
Goleta, California 93117

26. RESIDENTIAL PROHIBITION: The existing cottage located on the premises may be occupied by the caretaker(s) hired from time to time by the Society to maintain portions of the Premises and to provide security. No other residence shall be established on either a permanent or seasonal basis on the Premises without the prior consent of the CITY, evidenced by an instrument in writing.

27. CITY REGULATIONS: All operations, all improvements and the use of all facilities (including building scheduling and management policies) under this Agreement shall be subject to such rules, regulations and restrictions as CITY may, from time to time, determine to be necessary to avoid conflict with other uses of CITY recreational areas or with public policy.

28. ENVIRONMENTAL IMPAIRMENT: SOCIETY at SOCIETY'S expense, shall comply with and perform all applicable laws, regulations, rules, and orders, regardless of when they become or became effective, including without limitation those relating to construction, grading, signage, health, safety, noise, environmental protection, waste disposal, clean-up and water and air quality, and shall furnish to CITY satisfactory evidence of such compliance upon the request of CITY.
-18-
25 SOCIETY shall assume no responsibility for any contamination which may be discovered on the Premises if such contamination was caused by occupants of the Premises prior to its use by SOCIETY.

29. DEFAULT: The occurrence of any one of the following events shall constitute a material breach under this Agreement as well as items cited in various sections above:

A. Failure of SOCIETY to perform, or violation of, any provisions of this Agreement, if such failure and/or violation is not cured within thirty (30) calendar days after mailing of written notice has been given to SOCIETY unless another time is specified herein. If the nature of SOCIETY'S default is such that more than thirty (30) calendar days are reasonably required for its cure, SOCIETY shall not be in default if SOCIETY commences such cure diligently and in good faith of completion.

B. Failure of SOCIETY to make any payment of rent or other required payment when due and such failure continues for a period of ten (10) calendar days.

C. Failure to provide Insurance as required in Sections 18 and 20 herein.

D. The making of a general assignment for the benefit of creditors by SOCIETY.

E. The appointment of a receiver or trustee to take possession of all or substantially all the assets of SOCIETY.

30. REMEDY IN EVENT OF DEFAULT: Upon the occurrence of any event of default, CITY shall have at its option, at the expiration of the cure period provided in Section 29 above and in addition to and not in limitation of any other remedy permitted by law, the right to terminate this Agreement by written notice to SOCIETY, in which event SOCIETY shall immediately surrender the Premises to CITY. If SOCIETY shall fail to do so, CITY may without notice enter and take possession of the Premises and remove anyone occupying -19-
26 36. TERMINATION: This Agreement shall terminate and all rights of SOCIETY hereunder shall cease and SOCIETY shall quietly and peacefully deliver to CITY possession and interest in the Premises:

A. At the expiration of the term as provided in Section 4, TERM, hereof.

B. Upon failure of SOCIETY to satisfy, observe or perform any of the covenants, conditions or reservations set forth in this Agreement and the expiration of the cure period as provided in Section 29, DEFAULT, hereof.

C. Either party shall have the right to terminate this Agreement upon the giving of ninety (90) calendar days prior written notice.

37. PRIOR AGREEMENTS AND LEASE: This Agreement hereby replaces and revokes all prior agreements and/or leases between the County of Santa Barbara and SOCIETY.

IN WITNESS WHEREOF, SOCIETY and CITY have executed this Agreement by the respective authorized officers as set forth below.

City Manager
C NTHIA M. RODRIGUEZ
City Clerk
-21-

GOLETA VALLEY HISTORICAL SOCIETY
APPROVED AS TO FORM:
27 EXHIBIT A

MAP OF PREMISES
-22-
28 )..,
)
)
.)
LIEASE AREA -GOLETA VALLEY H!llSTOIRIC/~l SOC~ETY

STOW HOUSE AT LAKE LOS CAIRNEROS
~ICIRTH
(
29 EXHIBIT B

MAINTENANCE AND REPAIR RESPONSIBILITY
Item No. ITEM SOCIETY CITY
'I. Building Exteriors
Repair Walls x Stow House Only
Painted Surfaces x Stow House Only
Door and Window Trim x Stow House Only
Doors, Hardware x Stow House Only
Windows: Hardware and Screens x Stow House Only
Locks x
Roof x
Rain Gutters/Drains x
Flashing x
Down Spouts x
Lighting x
Bulbs x
Features x
Transformers x
Fluorescent Lights x
Ballast x
Handrails x Stow House Only
Signs x Stow House Only
Decking x Stow House Only
Stairs x Stow House Only
Gates x
Timers x
Gas/Water Lines x
Phones/Elect. Lines x
Sewer Lines x
')
·-· Building Interiors
Walls x
Painted Surfaces x
Door Hardware x
Locks x
Carpet, Vacuum and Cleaning x
Floor, Sweeping and CleaninQ x
Floor, Wax and Cleaning x
Drapes x
-23-
30 Item No. ITEM SOCIETY CITY
Lighting x
Bulbs x
Fixtures x
Transformers x
Fluorescent Lights x
Ballast x
Handrails x
Signs x
Timers x
Drinking Fountains x
Ceiling x
Showers x
Toilet/Urinals: Replacement x
Toilet/Urinals: Maintenance and x
Janitorial Service
Sink & Faucets: Replacement x
Sink & Faucets: Maintenance and x
Janitorial Service
Gas Lines x
Water Lines x
Sewer Lines/Drains x
Phone Lines & Jacks x
Computer Lines & Jacks x
TV Cable & Jacks x
Phones x
Towel Racks x
Garbage Disposal x
Refrigerator x
Stove x
Counter Tops x
Cabinets x
Blinds x
Window Shades x
Trash Compactor x
-24-
31 Item No. ITEM SOCIETY CITY
:3. Grounds
Mail Boxes x
Drinking Fountains x
Fences x
Trash Bins x
Signs x
Litter Pick-Up x
Lighting x
Parking Lot x
Driveways x
Walkways x
Timers (external) x
Timers (internal) x
Signs x
Cleaning, Sidewalks, Walkway, x
Parking Lot

4. Landscaping
Trees x
Shrubs x
Flowers x
Lawn Mowing x
Watering x
Weed Abatement x
Sprinkler, Repair and Replace x
Rodent/Pest x
Seeding x
Fertilizer x
Plant Trimming x
Plant Removal x
Plant Replacement x
Fire Protection: Clearing of dry brush, x
underQrowth, dead or fallen trees
Major Tree Trimming x
-25-
32 Item No. ITEM SOCIETY CITY

5. Mechanical Systems
Electrical Panels, Breakers x
Electrical Central Switches x
Electrical Fuses x
Electrical Receptacles x
Heating x
Air Conditioning x
Water Heater x

6. Roadways/Parking Lots Repair & Maintenance
Striping x
Handicap Signage x
Asphalt Surface, Curbing x
Cement Surface, Curbing x
Wheel Stops x
Drainage x
Signs x

7. Fire Equipment
Extinguishers x
Alarm Systems x
Smoke Detectors x

8. Other Items
Paper supplies, dispensers waste x
containers, soap in restrooms and
kitchens
Interior janitorial product and services x
Interior Floor Waxing, Sweeping x
Window Washing (Interior & Exterior) x
Exterior sweeping entry, sidewalks, x
walkways and porches
Janitorial service for Premises x
Broken window glass or door glass x Exterior of Stow
including plate glass window House Only
Refuse, Rubbish and Garbage x
Disposal
Cleaning Storage Rooms, Utility x
Rooms
Exterminating x
Carpet, Tile and Linoleum x
Replacement
-26-
33 EXHIBIT C

AGREEMENT FOR USE OF STOW HOUSE GROUNDS
-27-
34 THE BEAUTIFUL STOW HOUSE GARDENS
304 LOS CARNEROS ROAD
GOLETA, CALIFORNIA 93117
The Goleta Valley Historical Society welcomes the use of the romantic and historic Stow House grounds for wedding ceremonies and receptions. The beautiful setting provides the perfect ambiance for a cherished and memorable occasion. Weddings may be held on the steps of the charming former Stow family residence, built in the 1800's, or under the tall old trees in the lovely gardens surrounding the house. This is a quiet, private place for an old-fashioned family wedding and reception.

GENERAL INFORMATION
The front porch of Stow House and the surrounding gardens are available for daytime wedding events and may be used until dusk (approximately 8:00 p.m. in the summer months, earlier in the spring and fall). Those interested in using the front porch for their ceremony should note that Stow House is open to the public each Saturday and Sunday from 2:00 to 4:00 p.m. As visitors must be permitted access through thefront entrance during these hours, porch ceremonies are to be conducted either before or after public visiting hours.

To reserve the site, please submit the attached application/ agreement to the Society as soon as possible before the event. Included with this application should be a check to cover the five hundred dollar ($500. 00) security deposit which is required to hold the desired date. In case of cancellation of the event by the applicant, this deposit will not be returned. The deposit will be returned if the application is not approved by the Society.

Upon approval of the application, the Society will appoint a Goleta Valley Historical Society Representative for every 150 guests. The Representative(s) will be on the grounds whenever anyone affiliated with the wedding is on the grounds, i.e. during the rehearsal, set up, deliveries, cleanup, etc. and the Representative act(s) on the Society's behalf
Weddings and ceremonies must be appropriate to the setting. Music must be subdued, and only wine, beer, and champagne may be served. Permission to use the grounds may be refused if the Society deems that the proposed event constitutes an undue burden or risk to Stow House property. Restrooms, water, and electricity are available, but there are no outside lights on the grounds. Ample street parking and limited off-street parking are provided. No bird seed, rice, or confetti are permitted because they attract birds and rodents, or they are harmfu.l to the environment. Potpourri may be thrown, and bubbles may be used.

The public is invited to visit the grounds during daylight hours to experience this delightful and historic landmark.

Apply early to assure the availability of your desired date and time! For further information please call the Weddings and Grounds Coordinator, Connie Bums, at 805 967-6166.

Attached:

These forms to be returned to the Grounds Coordinator

1. Application for use of the grounds, along with your deposit of $500. 00

2. Contract/ Agreement
Please retain these forms for your reference and use:

3. Church parking information {for events of more than 150 persons)

4. Useform-forthe Society's Representative the day ofthe event

5. Sample insurance form - be sure your insurance matches the sample

6. Map of the Stow House grounds

7. Rules for caterers - these will also be sent to your caterer 35 FOR SOCIETY USE ONLY:

DATE OF EVENT ____ _
NAMES _______ _
DEP.RCD. __ INS. RCD.

GOLETA VALLEY HISTORICAL SOCIETY

APPLICATION FOR USE OF STOW HOUSE GROUNDS
Revised January 2004
Please complete this application and agreement, and return them with your deposit ($500.00) to the Weddings and Grounds Coordinator (see last page). Retain the other enclosed information for your future reference.

Date of Event: ________ Day of Week: _________ Type of Event: _______ _ Applicant's name: _________________ Phone ______________ _ Address: _____________________________________ _
City/State/Zip __________________________________ _
Name of Bride: ______________ Phone _______ _
Name of Groom: Phone --------
Approx. Number of Guests: ______ _
Describe in general the type of function and whether any unusual features are included, such as the use of horse-drawn carriage, etc:----------------------------------
Facilities needed: Which portion of the porch, grounds, parking, etc. (see map enclosed) ***************************************************************************************************************************** RENTAL OF STOW HOUSE FACILITIES AND EQUIPMENT (may be adjusted later):

Tables# (limit= 15 banquet tables 7' x 2' 1/2"); @$5.00 each) Large wooden carts# (limit= 3; @$25.00 each),
Barbecue (limit 1 @$25.00 +wedding party provides staff) Wedding Arch (limit 1@$25.00 (Wedding party may decorate.) THE WEDDING PARTY PROVIDES THE STAFF TO SET UP AND PUT AWAY ALL RENTED EQUIPMENT.

Caterer: Phone# ________________ _
Address: City & Zip----------------
The Caterer will be mailed a set of rules and guidelines for working at Stow House. Written acceptance of the Stow House Grounds rules must be signed and returned to the Grounds Coordinator 1 month before the event. A copy of the rules is enclosed for your reference.

The grounds are available for your use the day of your event from 8:00 a.m. until dusk.

DATES AND TIMES WHEN FACILITIES WILL BE USED:

Rehearsal (Date and time MUST be cleared with Grounds Coordinator prior to the event, to be sure it is available). __________________ _
Set up, deliveries, and preparation------------------------ Event begins at: Ends at: _________ _
CLEANUP MUST BE DONE BEFORE DUSK. ALL PARTIES MUST BE OFF THE GROUNDS BY DUSK. YOU MUST WORK CLOSELY WITH YOUR SOCIETY REP. ON PARKING AND DRIVING POLICIES ON THE GROUNDS. There is adequate parking for events of up to about 150 persons. Some areas are off-limits for parking.

For events of more than 150 persons, the use of the grounds of the Lutheran Church next door to the Stow House grounds must be arranged separately from this agreement. Please refer to Church's information flyer.

No hard liquor is allowed; only beer, wine and champagne may be served.

Use of horse-drawn carriages must be approved by the City of Goleta prior to the event and separately from this agreement.

Since the Bride and Groom often leave before the end of the reception, it is necessary for us to know who the responsible person is who will see that the event ends on time, that all cleanup is done, and that the Goleta Valley Histori1c:al Society and the Society Representative{s) is/are paid.

Responsible Person: ______________________ Phone: _________ _ 36 RelationshiptoBride/Groo~: ___________________________ _ Address-----------------------------------

AGREEMENT
Upon acceptance by the Board of Directors of the Goleta Valley Historical Society, which will be evidenced by this agreement being executed by an Officer of the Board, the undersigned ("Applicant") hereby agrees to the following terms and conditions:

1. EVENT. The Application to which this Agreement is attached describes the event for which this Agreement is made, and such Application is incorporated by reference into this Agreement. The only uses which can be made of the Stow House grounds are as contemplated by the application, and no other uses are authorized. No use of the Stow House buildings (other than the porches and the restrooms) is authorized.

2. INDEMNITY: INSURANCE. The Applicant hereby indemnifies and agrees to hold harmless the City of Goleta and the Goleta Valley Historical Society, its Directors and Officers, employees and agents, for any and all liability whatsoever arising from the event authorized hereunder or by any way incurred by Applicant in connection with such event. Such indemnification shall include but not be limited to the obligation to provide a legal defense for any claims for injuries to persons or damage to property covered by this indemnity.

THE APPLICANT (THE PERSON WHO SIGNS THIS AGREEMENT) IS THE PERSON RESPONSIBLE

FOR THE INSURANCE COVERAGE (THE POLICY /COVERAGE MUST BE IN THE APPLICANT'S NAME).

P~pplicant will provide the Society a Certificate of Insurance from his insurance carrier AT LEAST TWO MONTHS BEFORE THE EVENT certifying that his insurance will be the primary insurer for any injuries to persons or damage to property occurring from Applicant's use of the Stow House facilities. The liability limit must be at least $1,000,000.00 and the Goleta Valley Historical Society and the City of Goleta must be named as additional insureds. (SEE ENCLOSED SAMPLE. ) Usually this may be done by obtaining a rider on the Applicant's existing homeowner's policy. Contact your insurance agent.

The insurance is to cover ANY AND ALL time periods when the wedding party or its representatives are on the Stow House grounds, i.e., rehearsal, set up, clean up, event.

The insurance certificate is to be mailed to the Weddings & Grounds Coordinator at least two months before the event, by _/_/200_, (date two months before the event).

The Applicant hereby indemnifies and agrees to hold the Goleta Valley Historical Society and the City of Goleta harmless against any damage to its property constituting the Stow House buildings and grounds, including, without limitation, the landscaping, walkways, driveways, buildings, pipelines, utilities, and all other facilities whatsoeve_r. The Applicant agrees to repair or replace any property of the Society which is damaged or destroyed as a result of the event within thirty (30) days of the event.

3. CARE OF PROPERTY. The Applicant agrees to leave the Stow House property in the same condition in which he/she found it and remove all equipment and property brought in by the Applicant as well as dispose of and remove all trash, debris and other evidence of the holding of the event. Such removal and restoration of the facilities shall be completed by the time it is dark, usually by 8:00 in the summer months, and earlier in the spring and fall.
37 4. PAYMENT. The charges for the use of the Stow House grounds are:
a. Security Deposit: A check made out to the Goleta Valley Historical Society in the amount of FIVE HUNDRED DOLLARS ($500.00) TO BE SUBMITTED WITH THIS APPLICATION. This will reserve the date chosen by the Applicant and will secure the Applicant's obligation to restore the Stow House properties and to secure the Applicant's obligation to perform this Agreement. Any unused portion of the deposit will be returned after inspection of the grounds after the event. Cancellation of the event by the Applicant will result in the forfeit of the deposit. b. Fee for Use of the Facilities: This fee must be paid the day of the event with a separate check made payable to Goleta Valley Historical Society. The fee depends upon the size and length of the 13vent. Examples of rates are as follows:
***For events (weddings, receptions, dinners) of up to 100 people the fee is one thousand dollars ($1000.00).
***For events that are simple and shorter in duration (wedding only) the fee is seven hundred fifty dollars ($750.00).
***For an event of MORE than one hundred people, the fee will be an additional $5.00 per person over the first 100 guests.
ie. Compensation to Society Representative(s): For every 150 attendees at an event, one Society Representative will be assigned. Applicant agrees to work with the Society Representative(s) with respect to every facet of the event. (The caretakers who live on the property are NOT to be approached or called away from their regular duties as defined in their contract.) It is necessary for the Society Representative(s) to be at Stow House for the rehearsal, any decorating, and any deliveries. The applicant shall compensate the Society Representative(s) as set forth in the following paragraph for the hours in attendance before, during, and after the event.

Compensation shall be paid to the Society Representative(s) at the rate of Ten dollars ($15.00) per hour or portion thereof for all time required of the Society Representative(s) before, during, and after the event, including cleanup time, to be paid upon completion of the event, PAYABLE TO THE SOCIETY REPRESENTATIVE(S).

The Society Representative(s) of the Goleta Valley Historical Society is/are the authorized representative for the Goleta Valley Historical Society and has/have ultimate authority to demand that any person or employee attending the event leave the Stow House grounds, should the rules not be adhered to.

5. Attorneys' Fees. If any dispute arises out of any matter connected to this agreement the prevailing party in any subsequent legal action shall be entitled to recover his reasonable attorney's fees and costs.

APPLICANT:

GOLETA VALLEY HISTORICAL SOCIETY
BY: -----------------DATED:
~-------------~
(NOTE: The Applicant is the person responsible
for the insurance coverage for the event, i.e. the
insurance must be in the Applicant's name.)
NOTE: A complete copy of this Agreement will be mailed to the Applicant upon the Society's acceptance of this application. If not accepted, a Board representative will notify the applicant and the deposit check will be returned.

Your Society Rep. will be assigned to you as soon as possible, usually about 3 months before the event. If you have not heard from your Representative by two months before your event, please contact the Weddings and Grounds Coordinator for his/her name.

YOUR G.V.H.S. REP. IS: ___________ _ PHONE~----------~
Please mail this application, agreement, and deposit check (payable to GVHS) to the GVHS Weddings & Grounds Coordinator, Mrs.

Connie Burns, 5410 San Patricio, Santa Barbara, CA 93111. For further information, Mrs. Burns may be reached at 805 967-6166. 38 GOLETA VALLEY HISTORICAL SOCIETY

USE OF THE STOW HOUSE GROUNDS

THIS PAGE TO BE FILLED OUT THE DAY OF THE EVENT BY THE SOCIETY'S REPRESENTATIVE AND SUBMITTED TO THE WEDDINGS AND GROUNDS COORDINATOR, CONNIE BURNS, 5410 SAN PATRICIO, SB 93111, ALONG WITH THE PAYMENT IN FULL FOR THE EVENT AND RENTALS.

The $500.00 deposit will be returned to the Applicant within 2 weeks after the event, if there is no damage to the grounds and all terms of the agreement are met.

DATE OF EVENT ________ _
NAMES ___________ _
SOC. REP.-----------

FEES TO BE PAID
CHEC~C #1
GROUNDS RENTAL FEE $ _______ _
ADDITIONAL GUESTS (for more
than 100 @ $5.00/ person $ ________ _
EQUIPMENT RENTAL:

Item
__________ $ ________ ~
__________ $ ________ ~
__________ $ ________ ~
__________ $ ________ ~
TOTAL CHARGES $ _______ ~
Check for the above total amount to be given to Society Rep. On the day of the event, payable to Goleta Valley Historical Society.

CHECl(#2
FEE TO SOC. REPS.@ $15.00/hr. $ _______ _
Check to be made payable to the Society Rep.

Rep's comments & suggestions-------------
Signed by Soc. Rep.-----------------
Than~: you.
39 EXHIBIT D

SCHEDULE OF ACTIVITIES
-33-
40 STOW HOUSE GROUNDS
2004-2005 EVENTS
As of 7/01/04
WED 3/31 OPTIMISTS KIDS ADVENTURE DAY 40 x LINDA
MAY
SAT 5/22 RAYTHEON CO. COMPANY PICNIC 1000 1.HOCKER

2.RAKOWSKI

3.WENGLER
SAT 5/29 FADENRECHT/HOL TEN WEDD 90 RAKOWSKI
SUN 5/30 SHAHANIAN/GOUGH WEDD 90 x BURNS
JULY
SUN 7/4 4TH OF JULY FAMILY EVENT 3000 ALL
SAT 7/17 PIONEER DINNER/CAVALETTO DINNER 75 ALL
FRI 7/30 BEH/JENCI REHEARSAL DINN. 75 CORNISH
AUGUST
SAT 8/14 CASTELLANO/JOHNSON WEDD 90
WED 8/18 CHAMBER MIXER MIXER 150 ALL
SAT 8/28 MITCHELL/MITCHELL WEDD 90
SEPT
SAT 9/4 HARRINGTON/MULKERN WEDD CER ONLY 90
SAT 9/18 FORT/CATANES WEDD 90 TANG EL
OCT
SAT1 10/2 FUNDRAISING EVENT FUNDRAISER 200 ALL
SUl\I 10/12 FIDDLERS CONVENTION 1000 1.TRELOAR

2.RAKOWSKI

3.CEDERLOF
DEC
SAT 12/13 HOLIDAY OPEN HOUSE OPEN HOUSE 90 ALL
SUN 12/14 HOLIDAY OPEN HOUSE OPEN HOUSE 90 ALL
MAY
SAT 5/14 CHRISTIANSON/DE ST JEAN WEDD 90
JULY
SAT 719 MOLNAR/SALOMONE WEDD 90
SAT 7/16 CRAWFORD/FOSTER WEDD &RECEPT 90
-34-
41 EXHIBIT E
City of Goleta, California
130 Cremona Drive, Suite B, Goleta, CA 93117
To: Alcoholic Beverage Control Board
From: Steven Wagner, Community Services Director
Subject: Permission to Sell Beer and/or Wine on City of Goleta Park Property
As the responsible person of the reserving group, I certify that we will observe the rules and regulations pertaining to this event.

Name of Responsible Representative: ----------------
Address: ----------- Telephone: _________ _
Signature of Representative
Date of Application
In accordance with City Ordinance No. 26-17, permission is granted to the group named above to sell beer and/or wine on The City of Goleta Park property on the date and time listed below. ·
Date of Event: Time: ----------- -----------
Location: Area:
-----------~ -----------
Estimated Attendance: Res. Confirm#: -------- -------
Approved:

Date: -----------Steven Wagner
Community Services Director
35 Rev. 09/04
42 43
44 45
46 ATTACHMENT 2:

Letter from Rincon Consultants, Inc., dated August 31, 2021: “Stow House Nighttime Events Project, CEQA Environmental Impact Analysis, Goleta, Santa Barbara County, California”
47 Rincon Consultants, Inc.
2 0 9 E a s t V i c t o r i a S t r e e t
San ta Ba rba ra , Ca lifo rnia 93101

805 3 1 9 4 0 9 2 O F F I C E A N D F A X

i n f o @ r i n c o n c o n s u l t a n t s . c o m
w w w . r i n c o n c o n s u l t a n t s . c o m

E n v i r o n m e n t a l S c i e n t i s t s P l a n n e r s E n g i n e e r s February 2, 2023
Project No: 20-10195
George Thomson, Parks and Open Space Manager
City of Goleta
Public Works Department
130 Cremona Drive, Suite B
Goleta, California 93117
Via email: [email protected]
Subject: Stow House Nighttime Events Project, CEQA Environmental Impact Analysis, Goleta, Santa Barbara County, California
Dear Mr. Thomson:

This letter discusses the potential for the proposed Stow House Nighttime Events Project (project) to result in significant impacts in each of the areas identified in the California Environmental Quality Act (CEQA) Guidelines Appendix G, Environmental Checklist Form. The purpose of this analysis is to determine (1) if environmental impacts associated with the project could potentially be significant and (2) the appropriate level of CEQA documentation required for the project.

Project Background
The Stow House is located in northern Goleta, Santa Barbara County, California. The Stow House sits on the western edge of Accessor’s Parcel Number 007-160-061 and is associated with the address 304 North Los Carneros Road, Goleta, California 93117. On the project site sits a historic two-story Carpenter Gothic Victorian style residential building that once functioned as the headquarters of Rancho La Patera, a historic ranch in the Goleta Valley. The project site currently functions as a museum, educational center, recreational area, and event venue.

The project site can be regionally accessed via U.S. Highway 101 (U.S. 101) and locally accessed via North Los Carneros Road.

Project Description
The project would allow nighttime events, such as weddings and birthday parties, at the Stow House.

Currently, events are not allowed to occur at the Stow House past sunset. The project would allow events to extend up to 10:00 p.m. with allowance afterwards for breakdown of the venue, which could take up to an additional two hours, thus ending by 12:00 a.m. The project is expected to result in approximately 3 to 50 additional events at the Stow House per year. Each event is estimated to include approximately 50 to 300 guests. Any event with amplified sound would include regular monitoring to ensure the decibel level is compliant with the Goleta of Goleta (City) ordinances. Parking attendants are required for events with over 50 guests at the Stow House; vehicles would be parked along Covington Way, located north of the project site. The project would include the operation of outdoor lighting and 48 City of Goleta
Stow House Nighttime Events Project

other associated event equipment during the proposed extended operational hours. No construction, grading, or other site modifications would occur as part of the project, although additional exterior lighting would be provided by the Stow House to ensure the safety of guests at nighttime.

Environmental Factors
Aesthetics
The City of Goleta General Plan identifies the following as important under Policy VH 1: scenic views of the ocean, islands, mountains, foothills, open space, natural landforms.1 Policy VH 1.1 identifies which scenic resources should be protected and preserved, including: Lake Los Carneros and the surrounding woodlands, and prominent natural landforms, such as the foothills and the Santa Ynez Mountains.

The project would result in a less than significant impact on the identified scenic resources as nighttime usage of the Stow House for events would not obstruct or otherwise damage any of the identified scenic resources surrounding the project site.

According to the California Department of Transportation, the nearest eligible State Scenic Highway is a part of U.S. 101, located approximately 2.8 miles west of the project site.2 No designated State Scenic Highways are located in the project vicinity. Regardless, the proposed project would not result in damage to trees, historic buildings, rock outcroppings, or similar scenic resources within the U.S. 101 viewshed.

The project site is surrounded by recreational open space (Lake Los Carneros), a church, and agricultural uses. Lake Los Carneros is open until sunset, so project lighting would not affect recreational users. No residences are located adjacent to the portion of the Stow House property used during events, and therefore, would not be affected by lighting associated with the project. The proposed project would extend operational hours from the Stow House’s current 8:00 a.m. to sunset timeframe to 8:00 a.m. to 10:00 p.m. to allow for nighttime events. This could result in a new source of substantial light from sunset to potentially 12:00 a.m. during event evenings, given the maximum two hours allotted to break down the venue after 10:00 p.m. However, the proposed project would be required to create a lighting plan as specified in Goleta Municipal Code 17.35.060 as the project would introduce additional outdoor lighting. As stated in Policy VH 4.12 of the Visual and Historical Resources Element of the Goleta General Plan, “Outdoor lighting fixtures shall be designed, located, aimed downward or toward structures (if properly shielded), retrofitted if feasible, and maintained in order to prevent over-lighting, energy waste, glare, light trespass, and sky glow.” Compliance with the City’s Municipal Code would ensure potential impacts related to new nighttime lighting associated with the project would be minimized and less than significant. It is noted that nighttime lighting from the project may affect wildlife in the project area; see “Biological Resources” for a discussion of potential impacts to wildlife.

1 City of Goleta. 2006. General Plan Visual and Historic Resources Element. Planning and Environmental Services Department. October 2, 2006.

Last amended November 2009. https://www.cityofgoleta.org/home/showpublisheddocument/580/635689476246700000 (accessed August 2021).
2 California Department of Transportation (Caltrans). 2018. “Scenic Highways.” Last modified 2018. http://www.dot.ca.gov/design/lap/livability/scenic-highways/ (accessed August 2021). 49 City of Goleta
Stow House Nighttime Events Project

Agricultural Resources
The project site is zoned OPAR, “Open Space-Active Recreation.” As shown on the California Department of Conservation’s 2018 Santa Barbara County Important Farmland map, the project site is not located in an area designated as Prime Farmland, Farmland of Statewide or Local Importance, or Unique Farmland.3 In addition, the project site is not located on land covered by a Williamson Act contract.4 Therefore, the project would not convert farmland to non-agricultural use, conflict with agricultural zoning or a Williamson Act contract, conflict with forest land or timberland zoning, or result in the loss of farmland or forest land. No forest land is located near the project site. Farmland is located to the west of the project site; however, the proposed project would not involve changes to the existing environment that could result in the conversion of farmland to non-agricultural use or forest land to non-forest use. No impact to agricultural or forestry resources would occur.

Air Quality
The project site is within the jurisdiction of the Santa Barbara County Air Pollution Control District (SBCAPCD). The project would not include any related construction or other pollution sources introduced on the project site associated with the construction. Therefore, the project would not conflict with or obstruct implementation of the SBCAPCD’s applicable air quality attainment plan, result in a cumulatively considerable net increase of any criteria pollutant for which the SBCAPCD region is in non-attainment, expose sensitive receptors to substantial pollutant concentrations, or result in other emissions adversely affecting a substantial number of people. Therefore, no construction-related air quality impacts would occur.

The SBCAPCD has recommended the following criteria to determine if a project’s operational emissions would result in a significant air quality impact:5
▪ Emit (from all project sources, both stationary and mobile) more than 240 pounds per day for reactive organic compounds (ROC) and nitrogen oxides (NOX) or more than 80 pounds per day for PM10 (there is no daily operational threshold for carbon monoxide because it is an attainment pollutant);
▪ Emit more than 25 pounds per day of NOX or ROC from motor vehicle trips only; ▪ Cause or contribute to a violation of any California or National Ambient Air Quality Standard (except ozone);
▪ Exceed the SBCAPCD health risk public notification thresholds adopted by the SBCAPCD Board (i.e., 10 excess cancer cases in a million for cancer risk and a Hazard Index of more than 1.0 for non- cancer risk); and/or
▪ Be inconsistent with the latest adopted federal and state air quality plans.

3 California Department of Conservation. 2018. Santa Barbara County Important Farmland 2018. [map]. Tabular digital data and vector digital data. 1:120,000. Division of Land Resource Protection. Sacramento, CA. Last modified March 2021. https://www.conservation.ca.gov/dlrp/fmmp/Pages/SantaBarbara.aspx (accessed August 2021). 4 California Department of Conservation (DOC). 2017. State of California Williamson Act Contract Land. [map]. 2017. Division of Land Resource Protection. Sacramento, CA.
https://planning.lacity.org/eir/HollywoodCenter/Deir/ELDP/(E)%20Initial%20Study/Initial%20Study/Attachment%20B%20References/California %20Department%20of%20Conservation%20Williamson%20Map%202016.pdf (accessed August 2021). 5 SBCAPCD. 2017. Scope and Content of Air Quality Sections in Environmental Documents. June 2017. https://www.ourair.org/wp- content/uploads/ScopeContentJune2017-LimitedUpdate.pdf (accessed August 2021). 50 City of Goleta
Stow House Nighttime Events Project

Operational emissions of criteria air pollutants generated by the project would be limited to emissions from guest and staff vehicle trips related to the additional events under the proposed project. Because 3 to 50 project events per year would equate to less than one event per week, operational emissions generated by the project would likely be less than significant.

The project would not involve a residential use that would directly induce population growth. In addition, the project would not require new employees for operations and maintenance. Therefore, the project would not indirectly induce population growth. Accordingly, the project would be consistent with the current air quality attainment plan (2019 Ozone Plan)6 because it would not cause an exceedance of the growth projections that underlie its air pollutant emission forecasts.

The project also would not result in odors or other emissions adversely affecting a substantial number of people. Accordingly, no impact associated with odors or other emissions with occur.

Biological Resources
The project site is adjacent to three types of City-designated Environmental Sensitive Habitat Areas (ESHA): a historic monarch butterfly aggregation site, monarch roosting habitat, and native upland woodlands. The areas illustrated are primarily mapped in the General Plan/Coastal Land Use Plan.7 The presence of coast live oak trees which are identified within the City’s General Plan as protected trees.8 It is reasonable to assume coast live oaks may be present on the project site due to the project site’s proximity to the proposed parking lot site. Special status plant and animal species have the potential to occur in and around the project site given the fact a historic monarch butterfly aggregation site, monarch roosting habitat, and native upland woodlands are located near the project site. In addition, the City of Goleta’s General Plan identified riparian/marsh/vernal pool Environmental Sensitive Habitat near the project site.9 However, since the project would not result in any construction, tree removal, new development, or other habitat modifications, it would not result in direct impacts on City- designated ESHA.

The project may result in indirect light- and noise-related impacts on wildlife due to nighttime illumination from event lighting and noise associated with additional events, including to bats, nesting birds, and overwintering monarch butterflies. There is a potential for sensitive bats to occur, either roosting or foraging, at and in the immediate vicinity of the Stow House. A search of the California Department of Fish and Wildlife’s (CDFW) California Natural Diversity Database shows that bats have been observed foraging at Lake Los Carneros; however, there is no record of roosting bats within 2.5 miles of the Stow House. Any roosting bats would likely be habituated to the noise related to pedestrian traffic in the project area. Additionally, the nighttime lighting associated with the additional 3 to 50 events per year at the Stow House, although directed downward and away from ESHA, would attract nighttime flying insects which could be preyed upon by bats. Therefore, no significant impacts would occur to roosting bats.

6 SBCAPCD. 2019. 2019 Ozone Plan. December 2019. https://www.ourair.org/wp-content/uploads/2019-12-19-Final-Plan.pdf (accessed 2021). 7 City of Goleta. 2006. Special-Status Species and Environmentally Sensitive Habitat Areas Map. General Plan/Coastal Land Use Plan. October 2, 2006. Last amended January 2015. https://www.cityofgoleta.org/home/showpublisheddocument/11830/636033238507770000 (accessed August 2021).
8 City of Goleta. 2006. General Plan Conservation Element. Planning and Environmental Services Department. Goleta, CA. October 2, 2006. Last amended November 2009. https://www.cityofgoleta.org/home/showpublisheddocument/4071/635689476246700000 (accessed August 2021). 9 City of Goleta. 2006. Special-Status Species and Environmentally Sensitive Habitat Areas Map. General Plan/Coastal Land Use Plan. October 2, 2006. Last amended January 2015. https://www.cityofgoleta.org/home/showpublisheddocument/11830/636033238507770000 (accessed August 2021).
51 City of Goleta
Stow House Nighttime Events Project

Protected avian species are known to nest and forage in the immediate vicinity of the Stow House, including the white-tailed kite (Elanus leucurus). The white-tailed kite is a fully protected CDFW species.

Available mapped data from the Santa Barbara Audubon Society Breeding Bird Study indicates that kite nesting activity has been observed as recently as July 2020 in the Norfolk Island pine trees immediately adjacent to the eastern side of the Stow House. Other nesting avian species, including raptors, protected by the Migratory Bird Treaty Act (MBTA) and CDFW’s Fish and Game Code, are also likely to occur in the project area. However, nesting and roosting habitat for raptors and vultures are protected as ESHA under Policy CE 8 of the Conservation Element of the Goleta General Plan.10 In addition, lighting impacts would be reduced through the requirement that lighting be “designed, located, [and] aimed downward or toward structures” per Policy VH 4.12 of the Visual and Historical Resources Element of the Goleta General Plan.11 Lighting would also be required to be directed away from ESHA. Only a limited number of vehicles would be allowed to access and park at the Stow House for the additional events, and therefore, lighting from vehicle headlights would be minor. Although nesting birds could occur in the project area, they are likely habituated to the heavily-used project site and vicinity by trail users and recreationalists of Lake Los Carneros and visitors and event guests and staff of the Stow House, and therefore, would not be significantly impacted by the additional events at the Stow House proposed by the project.

Monarch butterfly aggregating population counts are historically low state-wide and they have not been observed aggregating at the ESHA adjacent to the Stow House. Monarch Butterfly Thanksgiving Count data recorded by the Xerces Society’s for the 2020/2021 overwintering season shows that monarch aggregation counts at the Stow House have been negative since 2015 (with the exception of 2018 for which there is no data). No data was recorded at the Stow house prior to 2015. For nighttime events that occur during the over-wintering season (October 1 through March 1), the City’s Goleta General Plan/Coastal Land Use Plan Conservation Element Policy 4.5 buffers for projects adjacent to monarch butterfly ESHAs would apply. Buffers cannot be less than 100 feet around existing and historic roost sites as measured from the outer extent of the tree canopy. The buffer can be reduced to 50 feet in circumstances where the trees contribute to the habitat but are not considered likely to function as an aggregation site, such as along narrow windrows. Therefore, project impacts to monarch butterflies would likely not be significant.

In summary, potential noise impacts to wildlife would be less than significant given that only 3 to 50 nighttime events would occur per year, equating to less than one event per week; wildlife in the project area are habituated to the presence of humans using the Stow House and nearby recreational area; and amplified sound associated with the project would cease by 10:00 p.m.

Cultural Resources
The Stow House was originally constructed in 1873 as the headquarters of Rancho La Patera on the original Rancho La Goleta. The Stow House has been listed as a historic resource in the National Register of Historic Places and California Register of Historic Resources since September 28, 2000.12, 13 The

10 City of Goleta. 2009. Conservation Element of the Goleta General Plan/Coastal Land Use Plan. Updated November 2009. https://www.cityofgoleta.org/city-hall/planning-and-environmental-review/general-plan (accessed August 2021). 11 City of Goleta. 2006. Visual and Historical Resources Element of the Goleta General Plan/Coastal Land Use Plan. September 2006. https://www.cityofgoleta.org/city-hall/planning-and-environmental-review/general-plan (accessed August 2021). 12 National Park Service. National Register of Historic Places. Last updated: June 17, 2021. https://www.nps.gov/subjects/nationalregister/database-research.htm (accessed August 2021). 13 California Office of Historic Preservation (OHP). California Register of Historic Resources. https://ohp.parks.ca.gov/ListedResources/?view=county&criteria=42 (accessed August 2021). 52 City of Goleta
Stow House Nighttime Events Project

proposed project would not result in a substantial adverse change to the building as the project would not materially alter the structure in any way. The building would continue to convey its potential historic significance during implementation of the project. Furthermore, the proposed project would not involve excavation or ground disturbance of any soils in their native context. Consequently, the proposed project would likely not result in significant impacts to cultural resources.

Energy
Implementation of the project would primarily require electricity consumption to power electronic venue equipment, including outdoor lighting and audio-visual equipment. The lighting would follow requirements outlined in General Plan Policy VH 4.12, which addresses the issue of energy waste.14 This would reduce the amount of overconsumption of electricity that could otherwise be associated with the project. Therefore, the project would likely not result in a potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources. The project would not conflict with or obstruct a state or local plan for renewable energy or energy efficiency. Accordingly, the impacts associated with energy resources would likely be less than significant.

Geology and Soils
The project would not result in construction, grading, or excavating on site. Therefore, no impacts to geology and soils related to the proposed project are anticipated.

Greenhouse Gas Emissions
Greenhouse gas (GHG) emissions from the project could increase with the number of vehicles traveling to and from the additional events at the project site. Given that the project would be limited to 3 to 50 nighttime events per year under the proposed project, which equates to less than one event per week, GHG emissions would not be significant.

Hazards and Hazardous Materials
Review of the California Department of Toxic Substances Control’s EnviroStor database and the State Water Resources Control Board’s GeoTracker database identified several hazardous waste sites located within one mile of the project site.15, 16 The closest identified site is the Bardex Corporation Machine Shop, located at 6338 Lindmar Drive, approximately 0.6 mile southeast of the project site. It is listed as a Cleanup Program Site and is in the interim remedial action stage. Implementation of the project would not include the transport, use, or disposal of hazardous materials. Because the project would not be located on a site included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and the project would not include the use of hazardous materials, no significant impacts associated with hazardous materials would occur.

14 City of Goleta. 2006. General Plan Visual and Historic Resources Element. Planning and Environmental Services Department. Goleta, CA.

October 2, 2006. Last amended November 2009. https://www.cityofgoleta.org/home/showpublisheddocument/580/635689476246700000 (accessed August 2021).
15 Department of Toxic Substances Control. 2018. EnviroStor Database. https://www.envirostor.dtsc.ca.gov/public/ (accessed August 2021). 16 State Water Resources Control Board. 2018. GeoTracker Database. https://geotracker.waterboards.ca.gov/ (accessed August 2021). 53 City of Goleta
Stow House Nighttime Events Project

The project would be located within the Santa Barbara Municipal Airport’s Airport Influence Area (AIA) Review Area 1 and within Safety Zone 6.17 AIA Review Areas represent areas where noise and/or safety concerns may require limitations on the type of allowable land uses. However, there are no explicit safety hazards or excessive noise concerns that would be expected to occur associated with the project site. Therefore, noise and safety hazard impacts associated with proximity to a public airport would not be significant.

The project would not block or result in any physical barrier that would impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan.

Accordingly, there would be no impact.

Hydrology and Water Quality
The project site is located approximately 660 feet west of Lake Los Carneros. The Central Coast Regional Water Quality Control Board protects ground and surface water quality in the Central Coast Region, including the coastal watersheds of Santa Cruz, San Benito, Monterey, San Luis Obispo, and Santa Barbara counties, along with portions of Santa Clara, San Mateo, Kern, and Ventura counties. As the project would only involve extending event hours allowed on the project site, it is unlikely the project would violate water quality standards, waste discharge requirements, or otherwise substantially degrade surface or groundwater quality. Therefore, the proposed project would not result in significant impacts to water quality.

The proposed project would not involve any groundwater pumping that would reduce groundwater supplies or introduce additional impervious surfaces that would interfere with groundwater recharge.

Accordingly, there would be no impact to groundwater supplies or recharge.

The proposed project would not include construction or ground-disturbing activities, it would not alter the existing drainage pattern of the project site or vicinity, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would result in substantial erosion or siltation on or off site; substantially increase the rate or amount of surface runoff in a manner which would result in flooding on or off site, create or contribute runoff water that would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff; or impede or redirect flood flows. Impacts would not occur.

The project site is not located in a flood hazard, tsunami, or seiche zone.18, 19, 20 Therefore, the project would not result in the release of pollutants in a flood hazard, tsunami, or seiche zone due to inundation of the project site. No impacts would occur.

Land Use and Planning
The immediate project vicinity includes a mix of developed and undeveloped land. To the north of the project site are a variety of uses on land zoned residential and public/quasi-public: Santa Barbara County

17 Santa Barbara County Airport Land Use Commission and Santa Barbara County Association of Governments. 1993. Santa Barbara County Airport Land Use Plan. October 1993. http://www.sbcag.org/uploads/2/4/5/4/24540302/adopted_1993_airport_land_use_plan.pdf (accessed August 2021).
18 Federal Emergency Management Agency (FEMA). FEMA 100- and 500-year Flood Risk Map. https://sbcoem.maps.arcgis.com/apps/webappviewer/index.html?id=5acbb13b4f7f4e75af8431c78e95d695 (accessed August 2021). 19 Federal Emergency Management Agency (FEMA). Flood Map 06083C1353G. December 4, 2012. https://msc.fema.gov/portal/home (accessed August 2021).
20 California Department of Conservation (DOC). 2009. Santa Barbara County Tsunami Hazard Areas. https://www.conservation.ca.gov/cgs/tsunami/maps/santa-barbara (accessed August 2021). 54 City of Goleta
Stow House Nighttime Events Project

Fire Station 14, Goleta Valley Historical Society, and Anthem Church. To the east and south of the project site is Lake Los Carneros zoned for open space and recreation. To the west of the project site is North Los Carneros Road with land zoned for agriculture across the road. The project site itself consists of a house, paved roads, and a variety of vegetation on land zoned as Open Space/Active Recreation.

The proposed project would occur wholly on the Stow House site. Construction of permanent or temporary dividers that would physically divide an established community would not occur as part of the project.

Mineral Resources
The project site is a known historic site that would not be subject to mining. Furthermore, no mineral resources have been identified on site and no mining activities currently occur on site. The project site is developed and is not zoned for mineral extraction. Therefore, the project would not result in the loss of availability of a known mineral resource that would be of value to the region or residents of the state, and the project would not result in the loss of availability of a locally-important mineral resource recovery site delineated on a local general plan or other land use plan. Therefore, no impacts to mineral resources would occur.

Noise
Extended event operation hours associated with the project would result in the possibility of temporary increases in noise from sunset to 10:00 p.m. up until possibly 12:00 a.m.

Noise level (or volume) is generally measured in decibels (dB) using the A-weighted sound pressure level (dBA). One of the most frequently used noise metrics which considers both duration and sound power level is the equivalent noise level (Leq). The Leq is defined as the single steady A-weighted level equivalent to the same amount of energy as contained in the actual fluctuating levels over a period of time (essentially, the average noise level a person experiences). Noise levels from point sources, such as those from individual pieces of machinery, typically attenuate (or drop off) at a rate of 6 dBA per doubling of distance from the noise source. Noise levels may also be reduced by intervening structures; generally, a single row of buildings between the receptor and the noise source reduces noise levels by about 5 dBA, while a solid wall or berm reduces noise levels by 5 to 10 dBA.21 The nearest existing noise-sensitive receivers to the project site are single-family residences located approximately 800 feet north of the project site. The residences are shielded from the project site by a grove of trees.

The City of Goleta’s Noise Ordinance, Goleta Municipal Code 9.09.020, prohibits any loud or unreasonable noise, music, or other sound which is broadcast outside of any building from 10:00 p.m. to 7:00 a.m. the following morning on any Sunday, Monday, Tuesday, Wednesday, or Thursday or from 12:00 a.m. (midnight) to 7:00 a.m. the following morning on any Friday or Saturday. The Noise Ordinance defines a loud and unreasonable sound as any sound created by means detailed in the ordinance which is clearly discernable at a distance of 100 feet from the property upon which it is broadcast, or which is at any level of sound in excess of 60 dB at the edge of the property line of the property upon which the sound is broadcast.

21 Federal Transit Administration (FTA). 2018. Transit Noise and Vibration Impact Assessment. September 2018. https://www.transit.dot.gov/sites/fta.dot.gov/files/docs/FTA_Noise_and_Vibration_Manual.pdf (accessed October 2018). 55 City of Goleta
Stow House Nighttime Events Project

As all events associated with the proposed project would end by 10:00 p.m. on any given night, it is unlikely the project would generate a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the Noise Ordinance. Although the project would also include the breakdown of the event venue up to 12:00 a.m., no amplified sound would occur between 10:00 p.m. and 12:00 a.m. Additionally, the project site is immediately surrounded by recreational open space (Lake Los Carneros), a church, and agricultural uses, and the closest noise- sensitive receptors that could be affected by nighttime use of the Stow House are the single-family residences located approximately 800 feet north of the project site. These residences are also separated from the project site by intervening vegetation. Guest vehicles would be parked along Covington Way, located north of the project site. The north side of Covington Way is lined with residences, which may be affected by the temporary increase in noise related to parking; however, such noise would be limited to a couple times per any given additional event, which would equate to less than one event per week, and the noise would not be substantial. Therefore, potential impacts related to noise would not be significant. See “Biological Resources” for a discussion of potential noise-related impacts to wildlife.

As no construction would occur because of the project, no excessive groundborne vibration or groundborne noise would be generated. No related impact would occur.

The project site is located approximately 1.6 miles north of the Santa Barbara Municipal Airport outside of the airport’s noise level contours.22 As the project site is located outside the airport’s noise sphere of influence, people attending and working at additional events at the project site would not be significantly affected by noise exposure associated with aircraft noise. Therefore, no impact related to noise associated with aircraft operations would occur.

Population and Housing
The project would not directly or indirectly induce population growth in the area, nor would the project displace existing people or housing. Accordingly, no impact to population and housing would occur.

Public Services
The project site is served by Santa Barbara County Fire Department Station 14, located at 320 North Los Carneros Road, less than 0.1 mile from the site and by the Goleta Police Department located at 4434 Calle Real in Santa Barbara, located approximately 4.4 miles from the site. Implementation of the proposed project would comply with Fire Code standards, including provision of adequate emergency access to the site. Extension of event hours at the project site could result in the possible need for fire and/or police protection for an extended timeframe. As discussed under Population and Housing, the proposed project would not directly or indirectly induce population growth; therefore, the project would not increase the Santa Barbara County Fire Department Station and Goleta Police Department service populations. Furthermore, the proposed project would not increase demand for schools, parks, recreational facilities, or other public services, including libraries. Therefore, the project would not necessitate the provision of new or physically altered fire or police protection facilities, schools, parks, recreational facilities, or other public facilities, including libraries. Impacts to public services would not be significant.

22 Santa Barbara County Airport Land Use Commission and Santa Barbara County Association of Governments. 1993. Santa Barbara County Airport Land Use Plan. October 1993. http://www.sbcag.org/uploads/2/4/5/4/24540302/adopted_1993_airport_land_use_plan.pdf (accessed August 2021).
56 City of Goleta
Stow House Nighttime Events Project

Recreation
The project would not involve residential development or any development that would increase the use of existing park or recreational facilities. The project would include the use of recreational facilities (the Stow House); however, there would be no expansion, construction, or other impact associated with the project that might have an adverse physical effect on the environment. Therefore, no impacts to parks or recreational facilities would occur.

Transportation
The project would result in guest and staff vehicle trips related to the additional 3 to 50 events per year that would occur under the proposed project. Each event would be attended by approximately 50 to 300 guests. Under the conservative, reasonable worst-case scenario, it can be assumed that: (1) 50 additional events occur per year; (2) each of the 50 events is attended by the maximum 300 guests; and (3) no more than 50 workers would be present at each of these events. This worst-case scenario would equate to a maximum of 35,000 round trips that would be made per year under the proposed project, assuming each event guest and work drives separately. This would average to 96 trips per day, which is below the City’s 110 trips per day screening criterion for “small projects,” meaning the project is presumed to have a less than significant impact on vehicle miles traveled.23 No reconfigurations of roadways would be required, and emergency access within the area would not be affected. Finally, there would likely be no impact to existing public transit, bicycle, or pedestrian facilities.

Tribal Cultural Resources
The project site lies within Chumash ethnographic territory, which extends along the coast of southern and central California, as well as interior regions and the northern Channel Islands. The proposed project would not involve excavation or ground disturbance. Accordingly, no impacts to tribal cultural resources would occur.

Utilities and Service Systems
The proposed project would extend the current operational hours of the Stow House for an additional 3 to 50 events per year. This would result in an increase in water usage and an increase in wastewater and solid waste generation associated with restroom and kitchen uses; such increases would be relatively minor given that these additional events would be limited to 3 to 50 additional events per year, equating to less than one event per week, and each event would be less than one day. The proposed project also would not directly or indirectly result in growth inducement in the project area. Therefore, implementation of the project would likely not result in the need for new or expanded water, wastewater, storm water drainage, electric power, natural gas, or telecommunication facilities, nor would the project generate solid waste in excess of state or local standards, and impacts would not be significant.

23 City of Goleta. 2020. City of Goleta VMT Thresholds Study. Adopted July 7, 2020. Prepared by GHD. https://www.cityofgoleta.org/city- hall/planning-and-environmental-review/ceqa-review/city-ceqa-guidelines-and-thresholds (accessed August 2021). 57 City of Goleta
Stow House Nighttime Events Project

Wildfires
The project site is not located in a Very High Fire Hazard Severity Zone or a State Responsibility Area as mapped by the California Department of Forestry and Fire Protection.24, 25 However, the project site is located approximately 0.2 mile south of land identified as Moderate and High Fire Hazard Severity Zones. The project would not require roadway or lane closures or otherwise alter emergency access to the site; therefore, the project would not substantially impair an adopted emergency response plan or emergency evacuation plan. The project would be located on a relatively flat site and would not exacerbate the risk of downslope or downstream flooding or landslides as a result of runoff, post-fire slope instability, or drainage changes. The project would not require the installation or maintenance of associated infrastructure that would exacerbate fire risk or that may result in temporary or ongoing impacts to the environment. Therefore, impacts related to wildfire would not be significant.

Conclusion
In summary, given compliance with existing State and City regulations and requirements, the proposed project would likely not result in significant environmental impacts to any of the resource topics identified in the CEQA Guidelines Appendix G Checklist. Because the project (1) would be limited to 3 to 50 nighttime events per year, equating to less than one event per week; (2) would not include new ground distance; and (3) would likely not result in significant impacts, the project could be statutorily or categorically exempt from CEQA. If the project is considered a “ministerial project” by the City, the project could be statutorily exempt from CEQA under Section 15268 of the CEQA Guidelines. The project could also potentially qualify for a Class 23 categorical exemption (Normal Operations of Facilities for Public Gatherings) per CEQA Guidelines Section 15323. Class 23 consists of normal operations of existing facilities for public gatherings for which the facilities were designed, where there is a past history of the facility being used for the same or similar kind of purpose. If the project does not qualify for a statutory or categorical exemption from CEQA, an Initial Study-Negative Declaration would be required.

Please contact us if you have questions regarding the contents of this environmental impact analysis.

Sincerely,
Rincon Consultants, Inc.

Richard Daulton
Vice President/Principal

24 California Department of Forestry and Fire Protection. 2008. Very High Fire Hazard Severity Zones in LRA As Recommended by CAL FIRE – Santa Barbara County [map]. 1:125,000. https://osfm.fire.ca.gov/media/6762/fhszl_map42.pdf (accessed August 2021). 25 California Department of Forestry and Fire Protection. 2007. Very High Fire Hazard Severity Zones in SRA – Santa Barbara County [map]. 1:125,000. https://osfm.fire.ca.gov/media/6760/fhszs_map42.pdf (accessed August 2021). 58 ATTACHMENT 3:

Draft Lease Amendment to Allow Nighttime Events

59 65266.00412\35021811.1

AMENDMENT NO. 4

MANAGEMENT AND LEASE AGREEMENT

BETWEEN THE CITY OF GOLETA

AND THE GOLETA VALLEY HISTORICAL SOCIETY

This Amendment No. 4 (“Amendment”), is dated, for reference purposes only, as of February 15, 2023, and is entered into by and between CITY OF GOLETA, a California municipal corporation (“City”) and GOLETA VALLEY HISTORICAL SOCIETY, a California non-profit corporation (“Society”). City and Society may be referred to herein as a “Party” and collectively as “Parties.” NOW, THEREFORE, in consideration of the foregoing and of their mutual covenants contained herein, the Parties hereby agree as follows:

1. Background. City and Society entered into that certain Management and Lease Agreement dated September 20, 2004 (the “ Lease”), for certain premises described therein and referred to as 304 N.

Los Carneros Rd., Goleta, CA 93117 (the “ Premises”). City and Society desire to amend the Lease to authorize Society to hold events in the evening hours.

2. Evening Events. Society shall be permitted to hold up to a maximum of six (6) evening events per calendar year, which events shall end prior to 10:00 p.m. (“ Evening Events”). The Evening Events shall be consistent with the type of events currently held at the Premises including, without limitation, birthdays, anniversaries and weddings and shall comply w ith all laws, rules and policies applicable to the Premises. Fraternity or sorority events, whether held during the day or evening hours shall be prohibited. Society will ensure lighting sufficient to reasonably ensure attendee safety. Notwithstanding the foregoing, Society shall take measures to ensure a ll Evening Events to not disturb any wildlife and/or wildlife habitats at or surrounding the Premises, and Society shall not permit guests to access the Lake Los Carneros open space after dusk, or other times where City parks are closed.

3. Entire Agreement. This Amendment and the Lease, represent the final and entire agreement between City and Society regarding the subject matter hereof and may not be contradicted by evidence of prior, subsequent, or contemporaneous co mmunications or agreements of the Parties. In the event of a conflict between the terms of the Lease and this Amendment, the terms of this Amendment shall control and prevail.

4. Ratification; Miscellaneous. Except as expressly modified by this Amendment, in all other respects the Lease is hereby ratified and affirmed and remains in full force and effect. This Amendment may be executed in one or more counterparts.

IN WITNESS WHEREOF, the Parties hereto have executed this Amendment effective as of the last date written below.

CITY OF GOLETA, a California municipal
corporation
By:_______________________________
Name: Robert Nisbet, City Manager
Its:_______________________________

GOLETA VALLEY HISTORICAL
SOCIETY, a California non-profit corporation

By:_______________________________
Name: ____________________________
Its: _______________________________
60 65266.00412\35021811.1

61