CITY OF SANTA BARBARA
CITY COUNCIL
Randy Rowse
Mayor
Meagan Harmon
Mayor Pro Tempore
Rebecca Bjork
City Administrator
Kristen W. Sneddon
Ordinance Committee Chair
Ariel Pierre Calonne
City Attorney
Eric Friedman
Finance Committee Chair
Alejandra Gutierrez
Oscar Gutierrez
Mike Jordan
City Hall
735 Anacapa Street
http://www.SantaBarbaraCA.gov
MARCH 1, 2022, 2:00 PM
AGENDA
THIS MEETING WILL BE HELD BY TELECONFERENCE AS AUTHORIZED BY GOVERNMENT CODE § 54953(e)(1)(A) TO PROMOTE SOCIAL DISTANCING AND PRIORITIZE THE PUBLIC’S HEALTH AND WELL-BEING UNDER SANTA BARBARA COUNTY HEALTH OFFICER ORDERS. AS A PUBLIC HEALTH AND SAFETY PRECAUTION, THE COUNCIL CHAMBERS WILL NOT BE OPEN TO THE GENERAL PUBLIC. COUNCILMEMBERS MAY PARTICIPATE ELECTRONICALLY. THE CITY OF SANTA BARBARA STRONGLY ENCOURAGES AND WELCOMES PUBLIC PARTICIPATION DURING THIS TIME.
PUBLIC PARTICIPATION IS AVAILABLE THROUGH THE FOLLOWING OPTIONS:
HOW TO OBSERVE AND/OR SPEAK LIVE AT A MEETING
Web: https://santabarbaraca-gov.zoom.us/webinar/register/WN_BHXU9bk1SWq0ntGHplRq0Q (Participation via Zoom) Please complete the Zoom registration questions stating which item you wish to speak on. Telephone: Dial 1-669-900-6833, Enter Webinar ID: 948 7481 3299 (press *9 to raise/lower hand; press *6 to mute/unmute) Online Streaming: Council meetings are streamed live at www.SantaBarbaraCA.gov/CAP TV: Each regular City Council meeting is broadcast live in English and Spanish on City TV Channel 18 and rebroadcast in English on Wednesdays and Thursdays at 7:00 p.m. and Saturdays at 9:00 a.m., and in Spanish on Sundays at 4:00 p.m. Each televised Council meeting is closed captioned for the hearing impaired. Check the City TV program guide at www.santabarbaraca.gov/citytv for rebroadcasts of Finance and Ordinance Committee meetings.
PUBLIC COMMENT: Members of the public wishing to speak must “raise their hand” in the Zoom platform by selecting the virtual hand icon when their item is called. When persons are called on to speak, their microphone will be activated by City staff and the speaker will be notified that they can now unmute themselves in order to begin speaking. The speaker will then need to unmute themselves by selecting the ‘mute/unmute’ icon or pressing Option+Y for Mac users or Alt+Y for Windows users on their keyboard. Each speaker will be given a total of 3 minutes to address the Council. Pooling of time is not allowed during meetings conducted electronic public comment. If general public comment on items not on the agenda at the beginning of the 2:00 p.m. session exceeds 30 minutes, there will be an opportunity for additional off-agenda public comment at the end of the meeting.
The City Council, upon majority vote, may decline to hear a speaker on the grounds that the subject matter is beyond the City’s subject matter jurisdiction.
WRITTEN PUBLIC COMMENT: Public comments may also be submitted via email to [email protected] prior to the beginning of the Council Meeting. All public comments submitted via email will be provided to City Council and will become part of the public record.
CONTINUED ON THE NEXT PAGE
PUBLIC COMMENT: Public comment on matters not listed on the agenda will occur at the beginning of the meeting.
Members of the public wishing to speak must “raise their hand” in the Zoom platform by selecting the virtual hand icon during the presentation of that item. When persons are called on to speak, their microphone will be activated by City staff and the speaker will be notified that they can now unmute themselves in order to begin speaking. The speaker will then need to unmute themselves by selecting the ‘mute/unmute’ icon or pressing Option+Y for Mac users or Alt+Y for Windows users on their keyboard.
For those who need accessibility accommodation in using the “raise hand” function and/or registering to participate in the Zoom session, please contact the Clerk’s office by 5:00 p.m. the day before the meeting for assistance. Additionally, a speaker may email [email protected] by 5:00 p.m. the day before a meeting, stating which item they wish to speak on. When persons are called on to speak, their microphone will be activated the speaker will be notified by City staff that they can now unmute themselves in order to begin speaking. The speaker will then need to unmute themselves by selecting the ‘mute/unmute’ icon or pressing Ctrl+Alt+A on their keyboard.
Each speaker will be given a total of 3 minutes to address the Council. Pooling of time is not allowed during general public comment.
The time allotted for general public comment at the beginning of the 2:00 p.m. session is 30 minutes. The City Council, upon majority vote, may decline to hear a speaker on the grounds that the subject matter is beyond the City’s subject matter jurisdiction.
PUBLIC COMMENT ON AGENDIZED ITEMS: Members of the public wishing to speak on a matter on the agenda must “raise their hand” in the Zoom platform by selecting the virtual hand icon during the presentation of that item. The “raise hand” icon is generally located on most devices in the upper right hand corner of the screen. For those who need accessibility accommodation in using the “raise hand” function, please contact the Clerk’s office by 5:00 p.m. the day before the meeting for assistance. Additionally, a speaker may email [email protected] by 5:00 p.m. the day before a meeting, stating which item they wish to speak on.
When persons are called on to speak, their microphone will be activated and they will be notified to begin speaking. Each speaker will be given a total of 3 minutes to address the Council. Pooling of time is not permitted during meetings conducted electronically.
ORDER OF BUSINESS: Regular meetings of the Finance Committee and the Ordinance Committee begin at 12:30 p.m. The regular City Council meeting begins at 2:00 p.m. in the Council Chamber at City Hall.
REPORTS: Copies of the reports relating to agenda items are available for review at http://www.SantaBarbaraCA.gov/CAP.In accordance with state law requirements, this agenda generally contains only a brief general description of each item of business to be transacted or discussed at the meeting. Should you wish more detailed information regarding any particular agenda item, you are encouraged to obtain a copy of the Council Agenda Report (a "CAR") online at the City's website (http://www.SantaBarbaraCA.gov/CAP). Materials related to an item on this agenda submitted to the City Council after distribution of the agenda packet are posted to the City’s website as soon as reasonably feasible.
CONSENT CALENDAR: The Consent Calendar is comprised of items that will not usually require discussion by the City Council. A Consent Calendar item is open for discussion by the City Council upon request of a Councilmember, City staff, or member of the public. Items on the Consent Calendar may be approved by a single motion. Should you wish to comment on an item listed on the Consent Agenda, after turning in your "Request to Speak" form, you should come forward to speak at the time the Council considers the Consent Calendar.
SPANISH INTERPRETATION: If you need interpretation of your communications to Council from Spanish into English, please contact the City Clerk’s Office at 564-5309 or by email at [email protected]. If possible, notification of at least 48 hours will usually enable the City to make arrangements.
INTERPRETACIÓN EN ESPAÑOL: Si necesita una interpretación del español al inglés, para sus comunicaciones al Consejo, comuníquese con la Oficina del Secretario Municipal al 564-5309, o por correo electrónico a [email protected]. Si es posible, la notificación de al menos 48 horas generalmente permitirá a la Ciudad hacer los arreglos.
AMERICANS WITH DISABILITIES ACT: If you need auxiliary aids or services or staff assistance to attend or participate in this meeting, please contact the City Administrator's Office at 564-5305 or by email at [email protected]. If possible, notification at least 48 hours prior to the meeting will usually enable the City to make reasonable arrangements. Specialized services, such as sign language interpretation or documents in Braille, may require additional lead time to arrange. 03/01/2022 Santa Barbara City Council Final Agenda Page 1 MARCH 1, 2022 AGENDA
ORDER OF BUSINESS
12:30 p.m. -Finance Committee Meeting, 630 Garden Street, David Gebhard Room
Web: (Participation via Zoom)
https://santabarbaracagov.zoom.us/webinar/register/WN_fmSOKCOrRRuIKJk2SvC8gg Telephone: Dial 1-669-900-6833, Enter Webinar ID: 867 4827 2301 (press *9 to raise/lower hand; press *6 to mute/unmute) 2:00 p.m. - City Council Meeting; Zoom platform; Instructions on Page 1 4:00 p.m. -Public Hearing To Consider Declaration Of A Public Nuisance Resulting From The Operation Of A Drive-Through At The Restaurant Located At 3707 State Street (4:00 p.m. hearing time certain) FINANCE COMMITTEE MEETING - 12:30 P.M. IN THE DAVID GEBHARD PUBLIC MEETING ROOM, 630 GARDEN STREET (120.03)
1. Subject: The American Rescue Plan Act Update And Appropriation Request (120.03)
Recommendation: That Finance Committee recommend that Council:
A. Accept the second American Rescue Plan Act (ARPA) economic recovery payment, estimated at $10,918,762 scheduled to be remitted in May 2022; B. Appropriate $3,434,745 into the General Fund and $1,188,789 into the Downtown Parking Fund in Fiscal Year (FY) 2022 to replace a portion of the revenue that was lost directly related to the impacts of COVID-19; and C. Appropriate $6,295,228 to offset additional costs and address other impacts directly related to COVID-19 in FY2022.
2. Subject: Fiscal Year 2022 Second Quarter Review (120.03) Recommendation: That Finance Committee:
03/01/2022 Santa Barbara City Council Final Agenda Page 2 A. Receive a report from staff on the status of revenues and expenditures in relation to the budget for the six months ended December 31, 2021; B. Accept the Fiscal Year 2022 Interim Financial Statements for the six months ended December 31, 2021; and
C. Recommend that Council approve the proposed second quarter adjustments to Fiscal Year 2022 Appropriations and Estimated Revenues as detailed in the attached Schedule of Proposed Second Quarter Adjustments. (See Council Agenda Item No. 8.)
REGULAR CITY COUNCIL MEETING – 2:00 P.M.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
CEREMONIAL ITEMS
1. Subject: Employee Recognition – Service Award Pins
Recommendation: That Council authorize the City Administrator to express the City’s appreciation to employees who are eligible to receive service award pins for their years of service through March 31, 2022.
CHANGES TO THE AGENDA
PUBLIC COMMENT
CONSENT CALENDAR
2. Subject: Minutes
Recommendation: That Council waive reading and approve the minutes of the regular meetings of June 16, 2020; June 30, 2020; September 22, 2020; September 29, 2020; October 13, 2020; November 17, 2020; November 16, 2021; December 7, 2021; December 14, 2021; February 1, 2022; and February 8, 2022; and the minutes of the special meetings of June 23, 2020; June 30, 2020; July 20, 2020; July 21, 2020; September 14, 2020; September 15, 2020; October 5, 2020; October 22, 2020; November 16, 2020; March 23, 2021; May 11, 2021; June 8, 2021; December 7, 2021 (first special meeting); December 7, 2021 (second special meeting); January 25, 2022; and February 1, 2022. 03/01/2022 Santa Barbara City Council Final Agenda Page 3
3. Subject: Adoption Of Ordinance Amending Municipal Code 28 To Accept California Coastal Commission Modifications Regarding Accessory Dwelling Units
Recommendation: That Council adopt, by reading of title only, an Ordinance of the Council of the City of Santa Barbara Amending the Santa Barbara Municipal Code by Adding Chapter 28.86 to Regulate Accessory Dwelling Units in the Coastal Zone and Include Additional Amendments to Chapter 28 to be Consistent with this Intent.
4. Subject: Introduction Of An Ordinance Amending The Municipal Code To Regulate Sidewalk Vending
Recommendation: That Council introduce and subsequently adopt, by reading of title only, an Ordinance of the Council of the City of Santa Barbara Amending Title 9 of the Santa Barbara Municipal Code by the Addition of Chapter 9.49 to Regulate Sidewalk Vending in Accordance with State Law.
5. Subject: Introduction Of An Ordinance Approving The 2019-2022 Firefighters’ Association Bargaining Unit Memorandum Of Understanding Recommendation: That Council ratify the Memorandum of Understanding between the City and the Santa Barbara Firefighters’ Association by introduction and subsequent adoption of, by reading of title only, an Ordinance of the Council of the City of Santa Barbara Adopting A Memorandum of Understanding Between the City of Santa Barbara and the Santa Barbara Firefighters’ Association for the period of July 1, 2019 through June 30, 2022.
6. Subject: Adoption Of Resolution For A Lease Amendment With The State Of California State Lands Commission To Allow Unused Wastewater Outfall Pipeline To Remain In Its Current Location For The Remainder Of The Lease Agreement
Recommendation: That Council adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Authorizing the Public Works Director to execute an amendment to Lease No. PRC 4924 with the State of California State Lands Commission.
7. Subject: January 2022 Investment Report (260.02)
Recommendation: That Council accept the January 2022 Investment Report.
8. Subject: Fiscal Year 2022 Second Quarter Review (230.04) Recommendation: That Council:
03/01/2022 Santa Barbara City Council Final Agenda Page 4 A. Receive a report from staff on the status of revenues and expenditures in relation to the budget for the six months ended December 31, 2021; B. Accept the Fiscal Year 2022 Interim Financial Statements For the Six Months Ended December 31, 2021; and
C. Approve the proposed second quarter adjustments to Fiscal Year 2022 Appropriations and Estimated Revenues as detailed in the attached Schedule of Proposed Second Quarter Adjustments.
9. Subject: Approve Entering Into Assignment And Assumption Agreements For Long-Term Renewable Energy With Duran Mesa LLC And Manzana Wind LLC On Behalf Of Santa Barbara Clean Energy
Recommendation: That Council:
A. Approve and Authorize the City Administrator to Execute an Assignment and Assumption Agreement for Long-Term Renewable Energy by and Among the City of Baldwin Park, a California municipal corporation (“Assignor”), the City of Santa Barbara, a California municipal corporation (“Assignee”) and Duran Mesa LLC (“PPA Seller”); and
B. Approve and Authorize the City Administrator to Execute an Assignment and Assumption Agreement for Long-Term Renewable Energy by and Among the City of Baldwin Park, a California municipal corporation (“Assignor”), the City of Santa Barbara, a California municipal corporation (“Assignee”) and Manzana Wind LLC (“PPA Seller”).
10. Subject: Memorandum Of Understanding With County Of Santa Barbara To Provide Parking At City Parking Lot 6 In Support Of Dignity Moves Project Recommendation: That Council Authorize the City Administrator to enter into a Memorandum of Understanding with the County of Santa Barbara to provide parking in support of the Dignity Moves Homeless Housing project.
11. Subject: Contract For Design Of El Estero Water Resource Center SCADA Upgrades Project
Recommendation: That Council authorize the Public Works Director to execute a City Professional Services contract with Aspect Engineering Group for the El Estero Water Resource Center SCADA Upgrades Project in the initial amount of $124,637 for phase 1 design services with phase 2 installation services subject to future contract amendment and Council approval, and authorize the Public Works Director to approve expenditures of up to $12,464 for extra services that may result from necessary changes in the scope of work.
03/01/2022 Santa Barbara City Council Final Agenda Page 5
12. Subject: Police Canine Emergency Veterinary Services Contract Recommendation: That Council approve the Professional Services Agreement with Sage Veterinary Centers for a term of three (3) years, with two one-year optional extenstions, to provide emergency care for the Santa Barbara Police Department canines.
13. Subject: Increase The Contracts For Construction Management And Environmental Mitigation And Monitoring Services Of The Las Positas And Modoc Roads Multiuse Path Project
Recommendation: That Council:
A. Authorize the Public Works Director to execute the First Amendment to the City Professional Services Contract No. 26,724 with Rincon Consultants Inc., in the amount of $348,836 for environmental monitoring and restoration specialist services, and approve expenditures of up to $34,883 for extra services that may result from necessary changes in the scope of work; for a total contract amount of $1,328,667;
B. Authorize the Public Works Director to execute the First Amendment to the City Professional Services Contract No. 26,723 with Filippin Engineering Inc., in the amount of $41,625 for construction management services, for a total contract amount of $1,039,125; and
C. Approve the allocation of available appropriations in the Pavement Maintenance Program in the Measure C Capital Fund in the amount of $383,719, to cover the cost increase for the Las Positas and Modoc Roads Multiuse Path Project.
14. Subject: Amendments To Professional Services Agreements For Permit, Plan Check, And Inspection Services
Recommendation: That Council:
A. Authorize the Community Development Director to execute the first amendment to increase the amount of Santa Barbara City Agreement No. 26978 with Bureau Veritas North America, Inc., by $385,000, for a total contract amount of $465,000, to provide permit, plan check, and inspection services;
B. Authorize the Community Development Director to execute the first amendment to increase the amount of Santa Barbara City Agreement No. 26979 with Interwest Consulting Group, by $100,000, for a total contract amount of $175,000, to provide permit, plan check, and inspection services; and
03/01/2022 Santa Barbara City Council Final Agenda Page 6 C. Approve an increase in Fiscal Year (FY) 2022 revenue and expenditure appropriations in the General Fund in the amount of $200,000, funded by building permit revenues projected to exceed the FY 2022 adopted budget amount by at least $200,000, to cover a portion of the costs of the recommended amendments to Santa Barbara City Agreements No. 26978 and No. 26979.
15. Subject: Report Of Emergency Purchase Order To Replace The El Estero Water Resource Center Substation B Transformer
Recommendation: That Council receive a report regarding an Emergency Purchase Order issued to VISTAM, Inc., totaling $403,975 for an emergency replacement of the El Estero Water Resource Center Substation B Transformer.
16. Subject: Accept Grant Funding For Expansion Of Library On The Go Mobile Library To Add An Additional Mobile Van And Staff Support Recommendation: That Council:
A. Accept the California State Library grant; and
B. Approve an increase in revenue and expenditure appropriations in the Library’s Miscellaneous Grants Fund in the amount of $250,000, funded by the California State Library to expand the Library On the Go program to support additional outreach opportunities in the community.
This concludes the Consent Calendar.
CITY COUNCIL ADMINISTRATIVE AND ATTORNEY REPORTS
PUBLIC HEARINGS
17. Subject: Public Hearing And Adoption Of HOME American Rescue Plan Funds Allocation Plan
Recommendation: That Council:
A. Conduct a public hearing to obtain input on the City’s HOME American Rescue Plan (ARP) Allocation Plan;
B. Adopt the City’s HOME ARP Allocation Plan for submittal to the U.S.
Department of Housing and Urban Development (HUD);
C. Approve the Substantial Amendment of the City’s Program Year 2021 Annual Action Plan to include the HOME Allocation Plan; and 03/01/2022 Santa Barbara City Council Final Agenda Page 7 D. Authorize the City Administrator to sign all necessary documents to submit the City’s HOME ARP Allocation Plan to HUD.
PUBLIC WORKS DEPARTMENT
18. Subject: Annual Update On Bicycle Share Pilot Program Recommendation: That Council receive an update on the development and implementation of the Bicycle Share Pilot Program.
PUBLIC HEARINGS
19. Subject: Public Hearing To Consider Declaration Of A Public Nuisance Resulting From The Operation Of A Drive-Through At The Restaurant Located At 3707 State Street
Recommendation: That Council:
A. That the City Council conduct a public hearing to consider a declaration of a public nuisance resulting from the operation of a drive-through at the restaurant located at 3707 State Street and to order the abatement of the nuisance by cessation of use of the drive-through facility; and B. That the City Council, based on the evidence presented at the public hearing, direct the City Attorney to prepare appropriate findings and an ordinance for Council to introduce and subsequently adopt declaring a public nuisance and ordering the abatement thereof. (Time Certain: 4:00 p.m.)
COUNCIL AND STAFF COMMUNICATIONS
COUNCILMEMBER COMMITTEE ASSIGNMENT REPORTS
PUBLIC COMMENT (IF NECESSARY)
ADJOURNMENT