Cities Index.
Agenda packet

Santa Barbara City Council
April 19, 2022

Document
Agenda packet
Meeting
April 19, 2022
Body
Santa Barbara City Council
Pages
22
Original file
10.8 MB
Text extracted from the city's file for reading and search. Open the original on docs.santabarbaraca.gov. That file is the official record.

Revised YTD Encum- Remaining Percent of Previous
Budget Actual brances Balance Budget YTD

REVENUES
Vehicle Maintenance Charges 2,921,453 1,938,447 - 983,006 66.4% 1,871,554 Reimbursements 5,000 3,333 - 1,667 66.7% 27,821
Miscellaneous 60,000 49,851 - 10,149 83.1% 59,796
TOTAL REVENUES 2,986,453 1,991,631 - 994,822 66.7% 1,959,172

EXPENSES
Salaries & Benefits 1,546,176 970,691 - 575,485 62.8% 972,190 Materials, Supplies & Services 1,375,257 878,175 209,852 287,229 79.1% 783,328 Special Projects 147,205 47,335 61,581 38,289 74.0% 14,553 Debt Service - - - - 0.0% 9,719
Capital Outlay Transfers 31,934 30,956 - 978 96.9% -
Equipment 7,147 1,706 - 5,441 23.9% 2,057
Capitalized Fixed Assets 46,488 16,213 30,275 - 100.0% 424 Appropriated Reserve 15,000 - - 15,000 0.0% -
TOTAL EXPENSES 3,169,206 1,945,076 301,708 922,422 70.9% 1,782,272 Revenue Less Expense (182,753) 46,555 (301,708) 72,400 176,900

CITY OF SANTA BARBARA
Interim Statement of Revenues and Expenditures
For the Eight Months Ended February 28, 2022 (66.7% of Fiscal Year)

FLEET MAINTENANCE FUND

Page 18 ends

Revised YTD Encum- Remaining Percent of Previous
Budget Actual brances Balance Budget YTD

REVENUES
Insurance Premiums 5,056,793 3,371,196 - 1,685,597 66.7% 2,298,679 Workers' Compensation Premiums 4,219,100 2,776,067 - 1,443,033 65.8% 2,755,141 OSH Charges 290,230 193,487 - 96,743 66.7% 183,931
Unemployment Insurance Premium 277,529 185,019 - 92,510 66.7% 151,706 Investment Income 53,545 20,991 - 32,554 39.2% 53,212
Miscellaneous - 3,216 - (3,216) 100.0% 200,841
Operating Transfers-In 507,325 482,050 - 25,275 95.0% 50,550 TOTAL REVENUES 10,404,522 7,032,026 - 3,372,496 67.6% 5,694,060

EXPENSES
Salaries & Benefits 744,822 514,037 - 230,786 69.0% 469,767 Materials, Supplies & Services 9,692,777 7,118,622 146,137 2,428,018 75.0% 5,061,430 Capital Outlay Transfers 818 545 - 273 66.7% -
TOTAL EXPENSES 10,438,418 7,633,204 146,137 2,659,077 74.5% 5,531,197 Revenue Less Expense (33,896) (601,178) (146,137) 713,419 162,863 The Self Insurance Trust Fund is an internal service fund of the City, which accounts for the cost of providing workers' compensation, property and liability insurance as well as unemployment insurance and certain self-insured employee benefits on a city-wide basis. Internal Service Funds charge other funds for the cost of providing their specific services.

CITY OF SANTA BARBARA
Interim Statement of Revenues and Expenditures
For the Eight Months Ended February 28, 2022 (66.7% of Fiscal Year)

SELF INSURANCE TRUST FUND

Page 19 ends

Revised YTD Encum- Remaining Percent of Previous
Budget Actual brances Balance Budget YTD

REVENUES
Service charges 4,485,985 2,990,655 - 1,495,330 66.7% 2,490,204 Operating Transfers-In 35,000 35,000 - - 100.0% 85,204
TOTAL REVENUES 4,520,985 3,025,655 - 1,495,330 66.9% 2,575,408

EXPENSES
Salaries & Benefits 2,679,487 1,658,818 - 1,020,668 61.9% 1,645,930 Materials, Supplies & Services 1,694,740 1,422,128 69,817 202,794 88.0% 898,543 Special Projects 21,091 9,382 14,116 (2,407) 111.4% 194 Capital Outlay Transfers 232,127 171,418 - 60,709 73.8% 178,803 Equipment 12,130 5,720 182 6,228 48.7% 2,497
TOTAL EXPENSES 4,639,575 3,267,466 84,115 1,287,993 72.2% 2,725,968 Revenue Less Expense (118,590) (241,812) (84,115) 207,337 (150,559) NOTE-These figures reflect the operating fund only. Though the capital fund is excluded, the current year contribution from the operating fund is shown in the Capital Transfers.

CITY OF SANTA BARBARA
Interim Statement of Revenues and Expenditures
For the Eight Months Ended February 28, 2022 (66.7% of Fiscal Year)

INFORMATION TECHNOLOGY FUND

Page 20 ends

Revised YTD Encum- Remaining Percent of Previous
Budget Actual brances Balance Budget YTD

REVENUES
Leases - Commercial 1,850,000 1,524,412 - 325,588 82.4% 1,247,063 Leases - Food Service 2,795,000 2,350,149 - 444,851 84.1% 1,794,311 Slip Rental Fees 4,829,458 3,266,413 - 1,563,045 67.6% 3,157,272 Visitors Fees 649,459 548,197 - 101,262 84.4% 439,699
Slip Transfer Fees 1,200,000 933,025 - 266,975 77.8% 1,131,125 Parking Revenue 2,814,685 2,173,849 - 640,836 77.2% 1,601,804 Wharf Parking 180,000 174,923 - 5,077 97.2% 140,135
Other Fees & Charges 235,562 169,417 - 66,145 71.9% 150,047 Investment Income 89,945 67,289 - 22,656 74.8% 78,810
Rents & Concessions 385,000 281,994 - 103,006 73.2% 265,576 Miscellaneous 629,892 184,995 - 444,897 29.4% 114,561
TOTAL REVENUES 15,659,001 11,674,662 - 3,984,339 74.6% 10,120,403

EXPENSES
Salaries & Benefits 7,710,675 4,966,225 - 2,744,450 64.4% 4,507,163 Materials, Supplies & Services 5,504,592 3,035,819 777,745 1,691,028 69.3% 2,825,165 Special Projects 233,348 106,962 195 126,191 45.9% 77,947 Debt Service 2,038,500 1,467,989 - 570,511 72.0% 1,469,709 Capital Outlay Transfers 109,414 72,943 - 36,471 66.7% 634,162 Equipment 132,428 27,588 19,795 85,045 35.8% 50,440
Capitalized Fixed Assets 53,544 - 13,847 39,697 25.9% - Other 2,375 1,513 1,000 (138) 105.8% 1,513
Appropriated Reserve 100,000 - - 100,000 0.0% -
TOTAL EXPENSES 15,884,875 9,679,038 812,582 5,393,255 66.0% 9,566,099 Revenue Less Expense (225,874) 1,995,624 (812,582) (1,408,916) 554,304

CITY OF SANTA BARBARA
Interim Statement of Revenues and Expenditures
For the Eight Months Ended February 28, 2022 (66.7% of Fiscal Year)

WATERFRONT OPERATING FUND
NOTE - These figures reflect the operating fund only. Though the capital fund is excluded, the current year contribution from the operating fund is shown in the Capital Transfers.

Page 21 ends

Revised YTD Encum- Remaining Percent of Previous
Budget Actual brances Balance Budget YTD

REVENUES
Service Charges 10,972,584 2,725,828 - 8,246,756 24.8% - Investment Income - 73 - (73) 100.0% 37
Operating Transfers-In 1,550,532 1,171,283 - 379,249 75.5% 349,769 TOTAL REVENUES 12,523,116 3,897,184 - 8,625,931 31.1% 349,806

EXPENSES
Salaries & Benefits 152,590 92,501 - 60,089 60.6% -
Materials, Supplies & Services 9,276,308 2,999,470 1,149,286 5,127,552 44.7% 11,081 Special Projects 744,127 320,460 13,127 410,540 44.8% 64,000 Other 49,000 - - 49,000 0.0% -
TOTAL EXPENSES 10,222,025 3,412,431 1,162,413 5,647,181 44.8% 75,081 Revenue Less Expense 2,301,090 484,753 (1,162,413) 2,978,750 274,725

CITY OF SANTA BARBARA
Interim Statement of Revenues and Expenditures
For the Eight Months Ended February 28, 2022 (66.7% of Fiscal Year)

SANTA BARBARA CLEAN ENERGY FUND

Page 22 ends

Revised YTD Encum- Remaining Percent of Previous
Budget Actual brances Balance Budget YTD

REVENUES
Service charges 2,369,071 1,579,381 - 789,690 66.7% 1,234,974 Grants 169,000 169,601 - (601) 100.4% 5,961
Miscellaneous - 1 - (1) 100.0% 18,828
Operating Transfers-In - - - - 0.0% 288,470
TOTAL REVENUES 2,538,071 1,748,982 - 789,089 68.9% 1,548,233

EXPENSES
Salaries & Benefits 501,398 333,458 - 167,940 66.5% 223,285 Materials, Supplies & Services 1,839,379 827,704 134,704 876,972 52.3% 711,609 Special Projects 145,774 9,402 51,744 84,628 41.9% 11,960 Transfer-Out - - - - 0.0% 250,000
Debt Service 24,140 16,093 - 8,047 66.7% 16,093
Capital Outlay Transfers 100,870 67,247 - 33,623 66.7% 196,458 Equipment 4,000 - - 4,000 0.0% -
Capitalized Fixed Assets 169,000 - - 169,000 0.0% -
TOTAL EXPENSES 2,784,561 1,253,903 186,447 1,344,210 51.7% 1,409,406 Revenue Less Expense (246,490) 495,079 (186,447) (555,121) 138,827 NOTE-These figures reflect the operating fund only. Though the capital fund is excluded, the current year contribution from the operating fund is shown in the Capital Transfers.

CITY OF SANTA BARBARA
Interim Statement of Revenues and Expenditures
For the Eight Months Ended February 28, 2022 (66.7% of Fiscal Year)

ENERGY AND CLIMATE MANAGEMENT FUND

CITY OF SANTA BARBARA

COUNCIL AGENDA REPORT
AGENDA DATE: April 19, 2022
TO: Mayor and Councilmembers
FROM: Business Services Division, Waterfront Department SUBJECT: Proposed Lease Agreement With Maryanski And Turner For Office Space Located At 125 Harbor Way, Suite 21
RECOMMENDATION:

That Council approve a two-year lease agreement with one, one-year option with Alexandra Maryanski and Jonathan Turner for second floor office space, located at 125 Harbor Way, Suite 21.

DISCUSSION:

Alexandra Maryanski and Jonathan Turner (Maryanski and Turner), professors at the University of California at Riverside, have been tenants at 125 Harbor Way #21 since March 2011. They were selected as the tenants of the 167 square foot second floor office space after a competitive Request for Proposals process. Maryanski and Turner use the office as a field station for researching Chumash maritime culture in association with UCSB and Santa Barbara City College.

The basic terms of the proposed lease are as follows:
 Term: Two-year initial term with one, one-year option;  Base Rent: $649.63 per month ($3.89 / square foot);
 Percentage Rent: N/A;
 Annual Rent Adjustment: Cost of Living increases based on the Consumer Price Index (CPI); and,
 Permitted Use: Business office.

Maryanski and Turner are considered by the Department to be tenants in good standing as they are prompt with rent payments and have no lease compliance problems on file.

Agenda Item No. 8
File Code No. 330.04
Council Agenda Report
Proposed Lease Agreement With Maryanski And Turner For Office Space Located At 125 Harbor Way, Suite 21
April 19, 2022

Page 2 ends

Compliance with Coastal Land Use Plan:

The office space at 125 Harbor Way, Suite 21, has been used by Maryanski and Turner as a field station for researching Chumash maritime culture in association with UCSB and Santa Barbara City College since 2011. The use is considered to be a secondary, oceanrelated use, and as such, meets the parameters of the City’s Coastal Land Use Plan.

FINANCIAL/BUDGETARY INFORMATION:

The lease revenue has been incorporated into the Fiscal Year (FY) 2022 revenue appropriations in the Waterfront’s operating budget. No additional appropriations are required.

The Harbor Commission recommended City Council approval of the proposed lease agreement at their meeting of March 17, 2022.

A copy of the proposed lease agreement is available from the Waterfront Department; please email [email protected] to request a copy.

ATTACHMENT: Lease Area
PREPARED BY: Brian J. Bosse, Waterfront Business Manager SUBMITTED BY: Mike Wiltshire, Waterfront Director
APPROVED BY: City Administrator's Office

ATTACHMENT

CITY OF SANTA BARBARA

COUNCIL AGENDA REPORT
AGENDA DATE: April 19, 2022
TO: Mayor and Councilmembers
FROM: Environmental Services Division, Sustainability & Resilience Department
SUBJECT: Approval Of An Extension Of Professional Services Agreement With Rincon Consultants For Landfill Gas Monitoring At The Closed Las Positas Landfill
RECOMMENDATION:

That Council approve an amendment to the Professional Services Agreement with Rincon Consultants, Inc. to provide landfill gas monitoring services at the closed Las Positas Landfill extending the term to February 26, 2023 for a not-to-exceed cost of $135,000.

DISCUSSION:

On December 14, 2012, the Regional Water Quality Control Board (RWQCB) issued requirements to the City of Santa Barbara Monitoring and Reporting Program (MRP) No.

R3-2004-0006 relating to the closed Las Positas Landfill, located at Elings Park. The MRP requires the City to collect and analyze groundwater, surface water, and landfill gas samples from various monitoring points and at various frequencies and to report on the data and findings to the RWQCB. This monitoring and analysis has been conducted by consultant services on behalf of the City since the order was issued in 2012.

In May 2018, the City issued Request for Proposal No. 3915 to solicit proposals from qualified contractors to continue conducting the work described in MRP. Six proposals were received in total, all of which were deemed responsive to the RFP. Based on the ranking criteria set forth in the RFP, including cost proposal, corporate experience, reference checks, and quality of proposal, the proposal from Rincon Consultants, Inc. (Rincon) received the highest score. Rincon currently operates and maintains the landfill gas collection system at Las Positas Landfill, conducts all routine landfill gas monitoring, and regularly performs groundwater monitoring. Additionally, in 2020 Rincon performed soil sampling to maintain regulatory compliance with multiple regulatory agencies. For the past three years, Rincon Consultants has delivered quality work and has supported City staff with their expertise in landfill management. The agreement with Rincon included three years of base services, with an option to extend. This amendment will exercise that option. A new agreement will be required upon termination of the amended term.

Agenda Item No. 9
File Code No. 630.01
Council Agenda Report
Approval Of An Extension Of Professional Services Agreement With Rincon Consultants For Landfill Gas Monitoring At The Closed Las Positas Landfill April 19, 2022

Page 2 ends

BUDGET/FINANCIAL INFORMATION:

The amendment sets a not-to-exceed amount of $135,000 for the extended services. For Fiscal Year 2022, there are sufficient expenditure appropriations in the Adopted Solid Waste Fund Budget to fund contract costs. For Fiscal Year 2023, contract costs will be included in staff’s Proposed Solid Waste Fund Budget, which Council will review and consider in the next few months.

SUSTAINABILITY IMPACT:

The services to be performed under the professional services agreement with Rincon will study air and water quality parameters associated with the Las Positas Closed Landfill and will provide the quantitative and qualitative information necessary to mitigate environmental impacts associated with the former disposal facility.

A copy of the contract may be requested from the Sustainability and Resilience Department for public review; please contact us at [email protected] to request a copy.

PREPARED BY: Lorraine Cruz Carpenter, Acting Environmental Services Manager/bm
SUBMITTED BY: Alelia Parenteau, Acting Sustainability & Resilience Director APPROVED BY: City Administrator’s Office

CITY OF SANTA BARBARA

COUNCIL AGENDA REPORT
AGENDA DATE: April 19, 2022
TO: Mayor and Councilmembers
FROM: Engineering Division, Public Works Department
SUBJECT: Contract For Independent Cost Estimating And Value Engineering Services For Design For The Santa Barbara Police Station Project RECOMMENDATION:

That Council authorize the Public Works Director to execute a Professional Services Agreement with Cumming Management Group, Inc., for cost estimating and value engineering services for the Santa Barbara Police Station Project in the not to exceed amount of $103,507, and approve expenditures of up to $10,350 for extra services that may result from necessary changes in the scope of work.

DISCUSSION:

Background
On September 17, 2019, Council voted to approve the selection of the Cota Commuter Parking Lot as the preferred site alternative for environmental review for the Santa Barbara Police Station Project (Project). Environmental review under the California Environmental Quality Act (CEQA) is currently underway, and the required Initial Study for this preferred site is being prepared. The draft environmental document is anticipated to be considered by the Planning Commission in May or June of 2022.

The need for a refined construction cost estimate is critical as the preliminary plans for the Project are developed through the environmental review process. Due to the importance of understanding the projected construction costs, including the escalation costs and factors influencing the final cost of the Project, staff is recommending a contract to provide independent cost estimating and value engineering services. The cost estimating analysis will be performed for progressive iterations of the design and will evaluate market escalations for adjustments in the projected price. The value engineering analysis will identify opportunities to adjust the design to better meet the anticipated budget without sacrificing form or function. Accurate cost estimates throughout design development are also important for evaluating construction financing options.

Agenda Item No. 10
File Code No. 700.08
Council Agenda Report
Contract For Independent Cost Estimating And Value Engineering Services For Design For The Santa Barbara Police Station Project
April 19, 2022

Page 2 ends

Design Phase Consultant Engineering Services
Staff recommends that Council authorize the Public Works Director to execute a contract with Cumming Management Group, Inc. (Cumming Group) in the not to exceed amount of $103,507 for cost estimating and value engineering services. Proposals were solicited from four companies that specialize in cost estimating for large building construction projects. All the firms solicited came with strong recommendations. Staff recommends the City contract with Cumming Group due to their expertise, experience, and reasonable cost.

Cumming Group’s scope of work includes the following six tasks:

1. Cost Estimate No. 1 at 100 percent Schematic Drawings

2. Cost Estimate No. 2 at 25 to 50 percent Design Development Drawings

3. Value Engineering Process with Design Team

4. Cost Estimate No. 3 at 100 percent Design Development Drawings

5. Cost Estimate No. 4 at 100 percent Construction Drawings

6. Escalation Projection/Assessment during Construction Drawings Phase The construction industry is experiencing high volatility due to global supply chain issues, rising labor and material costs, and inflation rates; therefore, it is necessary to prepare several cost estimates throughout the development of the Design Development drawings and the Construction drawings to ensure the Project remains within budget and to evaluate construction financing options. Opportunities for value engineering, where changes can be made to the design to reduce costs and remain within budget, will take place early in the design process in order to allow sufficient time to adjust the drawings if needed. It will be important to continually assess the construction market and make appropriate adjustments throughout design development. The final task in the scope of work is to formally assess any market escalations or changes that will affect the Project and the estimated cost prior to advertising for construction bids and securing construction financing.

The cost estimates, as outlined above, will correspond to the timing and development of the drawings for the Project. The time expected to complete all six tasks is approximately 18 to 24 months.

BUDGET/FINANCIAL INFORMATION:

The site selection, Project development, and all costs leading up to construction will be funded from Measure C sales tax revenues. Construction financing options will be evaluated throughout design development. There are sufficient expenditure appropriations for the Police Station Capital Project in the Measure C Capital Fund Budget in Fiscal Year 2022 to fund the contract with Cumming Group.

Council Agenda Report
Contract For Independent Cost Estimating And Value Engineering Services For Design For The Santa Barbara Police Station Project
April 19, 2022

Page 3 ends

SUSTAINABILITY IMPACT:

Council Resolution 07-018 requires that new City building construction be designed and constructed to achieve a Leadership in Energy and Environmental Design (LEED) Silver classification or, where LEED is not applicable for the Project, another green building program certification level that is contingent on the building type. Resolution 07-018 also requires new building construction and major renovations for City-owned and operated buildings to be designed to exceed State Title 24 Energy Requirements by 20 percent. In addition, the City’s General Plan calls for the inclusion of solar energy to help meet the energy demand for the structure. Lastly, Council Resolution 17-043 commits the City to 50 percent renewable electricity in municipal facilities by 2020 and 100 percent renewable electricity by 2030; therefore, pursuing a Zero-Net-Energy building design would be in line with these goals.

A copy of the contract may be requested from the Public Works Department for public review by contacting [email protected].

ENVIRONMENTAL REVIEW:

Council initiated the CEQA process for this Project by selecting the Cota Commuter Lot as the preferred site for the purposes of environmental review. The next step in the environmental review process is the 30-day public comment period for the draft Initial Study and Mitigated Negative Declaration to be released soon.

PREPARED BY: Ashleigh A. Shue, P.E., Interim City Engineer/BH/sk SUBMITTED BY: Clifford M. Maurer, Public Works Director APPROVED BY: City Administrator’s Office

CITY OF SANTA BARBARA

COUNCIL AGENDA REPORT
AGENDA DATE: April 19, 2022
TO: Mayor and Councilmembers
FROM: Risk Management, Finance Department
SUBJECT: Legal Services Contract With Brower Law Group For Thomas Fire Property Insurance Recovery
RECOMMENDATION:

That Council authorize the Finance Director to increase the value of legal services provided by the Brower Law Group under Agreement No. 22200090 to a new not-toexceed dollar amount of $100,000 for Thomas Fire property insurance recovery.

DISCUSSION:

The Thomas Fire and the subsequent debris flow caused damage to the City. City staff submitted a first party claim for damages related to the Thomas Fire under its property insurance policy. Staff identified damages under several categories: the FEMA calculated loss; revenue losses after civil authorities closed the area (Downtown Parking, Waterfront, Golf, Recreation); lost tax revenues (sales and Transient Occupancy Tax); and direct physical damages (ash clean-up). The insurance carriers issued a partial payment for the ash clean-up.

Staff calculate the outstanding loss value at $1.49 million. The Brower Law Group continues to assist staff in its efforts to obtain additional recovery from the insurance carrier for the outstanding damages.

Approving the request to increase the value of the legal contract with the Brower Law Group allows the legal team to continue litigating the case on behalf of the City. The legal action is necessary to obtain a final recovery from the insurance carriers.

Declining the request to increase the value of the legal contract with the Brower Law Group will end the litigation of the case on behalf of the City. There is no incentive for the insurance carriers to resolve the outstanding claims for damages in the absence of the legal services provided by the Brower Group.

Agenda Item No. 11
File Code No. 160.03
Council Agenda Report
Legal Services Contract Amendment With Brower Law Group For Thomas Fire Property Insurance Recovery
April 19, 2022

Page 2 ends

BUDGET/FINANCIAL INFORMATION:

The Self-Insurance Fund budget contains adequate expenditure appropriation to cover the proposed contract amendment for professional services. The public may review the contract/agreement in the City Clerk’s office during regular office hours.

PREPARED BY: Mark Howard, Risk Manager
SUBMITTED BY: Keith DeMartini, Finance Director
APPROVED BY: City Administrator's Office

CITY OF SANTA BARBARA

COUNCIL AGENDA REPORT
AGENDA DATE: April 19, 2022
TO: Mayor and Councilmembers
FROM: Recreation Division, Parks and Recreation Department SUBJECT: License Agreement With Santa Barbara Trapeze Co.

RECOMMENDATION:

That Council authorize the Parks and Recreation Director to execute a license agreement with Santa Barbara Trapeze Co. for the use of Plaza Vera Cruz.

DISCUSSION:

Background
Plaza Vera Cruz, a 1.5 acre park located in downtown Santa Barbara, was designated a public park in 1855 and is one of Santa Barbara’s oldest parks. For many decades, the park had a history of significant and chronic misuse behaviors that upset and disrupted nearby residents and businesses, created unsafe park conditions, and deterred public use. In May 2020, after undertaking significant park improvements that included removing an unused playground, expanding and renovating the turf, and completing tree trimming and landscape upgrades, the Parks and Recreation Department (Department) entered into a pilot partnership with Santa Barbara Trapeze Company (SBTC) to promote positive recreation activity through youth and adult trapeze classes. Prior to entering into the partnership, the Department hosted an on-site community meeting on April 14, 2021, and reviewed the proposed changes with the Parks and Recreation Commission in April 2021.

Surrounding residents and businesses welcomed the park improvements and pilot partnership.

Pilot Program Outcomes
During their first ten months operating in Plaza Vera Cruz, SBTC served 279 youth summer camp participants, and 700 youth and adult trapeze class participants. This past summer, SBTC awarded 15 scholarships at a value of $5,775 and generated $9,765 in net revenue. SBTC also paid $17,503 for contracted landscape maintenance, which enabled the Parks Division to reallocate staff resources to other City parks. Additionally, Agenda Item No. 12
File Code No. 570.05
Council Agenda Report
License Agreement With Santa Barbara Trapeze Co.

April 19, 2022

Page 2 ends

SBTC worked with local residents and businesses to provide access to the park during their operating hours, demonstrating the benefit that activating a park creates a strong deterrent for misuse behaviors.

Method of Selection
Following the success of the pilot partnership with SBTC, the Department evaluated the benefits of licensing a portion of the park (60%) for structured year-round recreational activities while re-opening the remaining portion of the park (40%) for daily drop-in use.

To achieve this, the Department initiated a Request For Proposal (RFP) process inviting successful licensees to submit a proposal for review.

Staff developed the RFP with the purpose of seeking successful licensees to conduct year-round structured recreational activities, programs, camps, classes, and community performances for all ages within a designated licensed area of the park. The RFP required prospective licensees to share their operating methodology and business plan that included a revenue share with the City, and demonstrate their qualifications and experience. It also required licensees comply with the operating responsibilities and best practices for delivering programs and services that align with the Department’s expectations.

The RFP was issued through the City’s online purchasing process (PlanetBids), and emailed directly to current and past service providers, shared on social media platforms, and involved a non-mandatory pre-proposal meeting at Plaza Vera Cruz on January 5, 2022, to answer questions from potential licensees. A total of two potential licensees participated in the meeting.

One proposal was received on January 19, 2022. The Department reviewed the proposal from SBTC and determined it successfully met all of the required objectives.

Agreement with SBTC and Public Use of Plaza Vera Cruz
Per the proposed agreement, SBTC is responsible for organizing and conducting yearround structured trapeze classes for individuals of all ages, youth summer camps, private events and performances, and operating concession services. SBTC agrees that the premises shall not be used for any other purpose without City consent, to keep the License Area in a clean and safe condition, and to be fully responsible for the security of Licensee’s facilities, equipment, and products used or stored at the License Area. During the license period and upon expiration of the License Agreement term, SBTC will remove all unused equipment and instruments of service, all excess or unsuitable material, trash, rubbish, and debris, and legally dispose of same, unless otherwise directed, and agrees to leave entire area in a neat, clean and acceptable condition as approved by the Department.

In addition to SBTC providing ongoing public access to the licensed space during their operating hours, the Department plans to re-open the remaining 40% of the park to the Council Agenda Report
License Agreement With Santa Barbara Trapeze Co.

April 19, 2022

Page 3 ends

public in early April. The park will be open daily between the hours of 8:00 a.m. and 5:30 p.m.

The Department has a long history partnering with outside organizations by leasing, licensing, or co-sponsoring exclusive use or a portion of recreation facilities, parks, and beaches for the delivery of program and services that benefit the entire community.

Examples include, Santa Barbara Swim Club’s use of Los Baños swimming pool for youth competitive swimming, summer camp third party providers using volleyball and tennis courts, and leases with health, legal, and social service providers at the Westside and Franklin Neighborhood Centers. The proposed agreement with SBTC is similar to other agreements in place for the use of City parks and recreational facilities.

The Department provided a presentation on the pilot program outcomes and RFP process for entering into a license agreement with SBTC to the Parks and Recreation Commission during their March 2022 meeting. The Commission unanimously supported the process and commented on the past history of misuse at Plaza Vera Cruz and how this partnership has returned the park into positive and safe use for the public.

BUDGET/FINANCIAL INFORMATION:

The License Agreement has an initial term of one year with annual one-year extensions for up to a total of 4 years. Extensions will be conditioned upon satisfactory performance and meeting all insurance and indemnification requirements. Per the proposed agreement, SBTC is paid 90% of each registration fee collected, calculated using the basic resident rate. Based on an increase in projected number of camp participants, the total amount of revenue the City will receive for summer camps through June 30, 2023, is estimated to be $24,000. Additionally, SBTC will provide a total of 40 summer camp scholarships and 25 scholarships for youth participation in on-going master class sessions at an estimated value of $35,000. Lastly, SBTC will pay the annual cost for landscape services, water, and fence rental to ensure that Plaza Vera Cruz is maintained in accordance with Department maintenance standards. These costs are estimated to be $30,000, for a total compensation to the City of $89,000, which is included in the Parks and Recreation Department annual operating revenue budget.

A copy of the agreement may be requested from the Parks and Recreation Department for public review by contacting Rose Nevarez at [email protected].

PREPARED BY: Rich Hanna, Recreation Manager
SUBMITTED BY: Jill E. Zachary, Parks and Recreation Director APPROVED BY: City Administrator's Office

CITY OF SANTA BARBARA

COUNCIL AGENDA REPORT
AGENDA DATE: April 19, 2022
TO: Mayor and Councilmembers
FROM: Budget Division, Finance Department
SUBJECT: City Administrator’s Recommended Mid-Cycle Budget For Fiscal Year 2023
RECOMMENDATION: That Council:

A. Receive the City Administrator’s Recommended Operating and Capital Budget for Fiscal Year 2023;
B. Hear a report from staff in connection with the filing of the Fiscal Year 2023 budget; and
C. Approve the proposed schedule of Council Budget Review Meetings and Public Hearings related to the City Administrator’s Recommended Mid-Cycle Budget for Fiscal Year 2023.

DISCUSSION:

In accordance with the City Charter, the City Administrator’s Recommended Budget for Fiscal Year (FY) 2023 has been filed with the City Clerk’s Office and is being submitted to Council today.

Last Year, the City Council approved the Recommended Plan covering a two-year planning horizon for FY2022 and FY2023. This budget represents the mid-cycle update to the operating and capital budgets for FY2023 only.

City staff has scheduled special budget work sessions over the next two months, during which the details of the recommended budget will be presented and discussed as part of the budget public hearing process. Over the course of the public hearings, each City department will present their respective recommended budget, including their operating budget and capital program, if applicable, as well as proposed performance measures and objectives for their programs.

Agenda Item No. 14
File Code No. 230.05
Council Agenda Report
City Administrator’s Recommended Mid-Cycle Budget For Fiscal Year 2023 April 19, 2022

Page 2 ends

The first of these special budget work sessions will be held on Monday, May 2, 2022, from 1:30 p.m. to 5:00 p.m. The proposed schedule for the special budget work sessions, during which the public hearings on the budget will be held, is included as an attachment to this report for Council’s approval.

In addition to the public review by Council, staff recommends that the Finance Committee review certain elements of the recommended budget in more detail. The proposed Finance Committee Review Schedule will be presented to the Finance Committee for approval on April 19, 2022, just prior to the City Council meeting.

On February 8, 2022, the City Council authorized the City to enter into an agreement with OpenGov, Inc., to transition from the previous printed budget document to an online, interactive digital format. Staff very quickly mobilized around this effort and worked very closely with OpenGov consultants to deliver the City’s first fully online budget book.

The City Administrator’s Recommended Budget for FY2023 can be accessed using the new online budget tool beginning today on the City’s website at http://www.santabarbaraca.gov/budget.

FINANCIAL/BUDGET INFORMATION:

There is no direct financial or budget impact by the City Council taking action on staff’s recommendations. The City Administrator’s Recommended Budget for FY2023 includes many budget, financial, and operational recommendations that impact the City, as well as considerations for the long-term fiscal sustainability of the organization.

SUSTAINABIILTY AND RESILIENCE IMPACT:

Producing and making the City’s budget publicly available using the new online budget tool aligns with the City’s greater sustainability and resilience goals by leveraging technology to disseminate information to a broad audience and minimizing the use of paper and other materials.

ATTACHMENT(S): Schedule of Proposed Council Budget Review Meetings and Public Hearings
PREPARED BY: Keith DeMartini, Finance Director
SUBMITTED BY: Keith DeMartini, Finance Director
APPROVED BY: City Administrator’s Office

CITY OF SANTA BARBARA
Budget Hearing Schedule - Fiscal Year 2023
PROPOSED Schedule of ALL Budget Review Meetings & Public Hearings Please Note: Meeting dates and times are subject to change on short notice

MEETING DATE BUDGET AGENDA ITEM(S)

SPECIAL BUDGET

WORK SESSION
Thursday, March 10, 2022
2:00 p.m. – 5:00 p.m.

Chase Palm Park Beach
House
 Overview of City fund structure, enterprise and
ICS funds
 Major economic indicators
 General Fund multi-year forecast and budget
balancing considerations

FINANCE

COMMITTEE
Tuesday, March 29, 2022
12:30 p.m. – 1:45 p.m.

Notice of Prop. 218 Hearing on Proposed Increases to
Wastewater and Solid Waste Rates

FINANCE

COMMITTEE
Tuesday, April 19, 2022
12:30 p.m. – 1:45 p.m.
 Proposed Finance Committee Budget Review
Schedule
 Additional Topics for Review Identified by the
Committee

REGULAR

CITY COUNCIL

MEETING
Tues., April 19, 2022
Afternoon session
 Filing of the Recommended Budget for Fiscal
Year 2023
 Schedule of Special Budget Work Sessions and
Public Hearings Approved
 Overview of Recommended Budget
 General Fund Balancing Strategy

FINANCE

COMMITTEE
Tuesday, April 26, 2022
12:30 p.m. – 1:45 p.m.

General Fund non-departmental revenues and
assumptions

SPECIAL BUDGET

WORK SESSION AND
PUBLIC HEARING #1
Mon., May 2, 2022
1:30 pm – 5:00 pm
Open Budget Public Hearing
Department Budget Presentations for:
 Library
 Airport

FINANCE

COMMITTEE
Tuesday, May 3, 2022
12:30 p.m. – 1:45 p.m. General Fund departmental proposed fee changes

SPECIAL BUDGET

WORK SESSION AND
PUBLIC HEARING #2
Thurs., May 5, 2022
9:00 am – 12:00 pm
Department Budget Presentation for:
 Fire
 Information Technology
 Waterfront

SPECIAL BUDGET

WORK SESSION AND
PUBLIC HEARING #3
Fri., May 6, 2022
9:00 am – 12:00 pm
Department Budget Presentations for:
 City Administrator’s Office
 Mayor & Council
 Human Resources
 Finance

ATTACHMENT

CITY OF SANTA BARBARA
Budget Hearing Schedule - Fiscal Year 2023
PROPOSED Schedule of ALL Budget Review Meetings & Public Hearings Please Note: Meeting dates and times are subject to change on short notice

SPECIAL BUDGET

WORK SESSION AND
PUBLIC HEARING #4
Mon., May 9, 2022
1:30 pm – 5:00 pm
Department Budget Presentation for:
 Parks & Recreation (including Creeks & Golf
Funds)

FINANCE

COMMITTEE
Tuesday, May 10, 2022
12:30 p.m. – 1:45 p.m.
 Enterprise Fund proposed fee changes (excluding
utility rates)

FINANCE

COMMITTEE
Tuesday, May 17, 2022
12:30 p.m. – 1:45 p.m.
 Follow up on items requested by Finance
Committee
 Staff recommended adjustments to recommended
budget
 Finance Committee Decisions for
Recommendation to Council

SPECIAL BUDGET

WORK SESSION AND
PUBLIC HEARING #5
Wed., May 18, 2022
9:00 am – 12:00 pm
Department Budget Presentations for:
 Community Development / Successor Agency
 Sustainability & Resilience

SPECIAL BUDGET

WORK SESSION AND
PUBLIC HEARING #6
Fri., May 20, 2022
1:30 pm – 5:00 pm
Department Budget Presentations for:
 Police
 City Attorney

SPECIAL BUDGET

WORK SESSION AND
PUBLIC HEARING #7
Wed., May 25, 2022
9:00 am – 12:00 pm
Department Budget Presentations for:
 Public Works
 General Fund / Measure C Capital

SPECIAL BUDGET

WORK SESSION AND
PUBLIC HEARING #8
Mon. June 6, 2022
1:30 pm – 5:00 pm
Department Budget Presentations for:
 IF NEEDED

SPECIAL BUDGET

WORK SESSION AND
PUBLIC HEARING #9
Wed., June 8, 2022
6:00 pm – 9:00 pm
 Finance Committee Budget Recommendations to
Council
 Council Budget Deliberations
 Final Council Budget Direction to Staff
 Planned Close of Budget Hearings (unless
additional Work Sessions needed)

REGULAR

CITY COUNCIL

MEETING
Tues., June 14, 2022
Afternoon session
Prop. 218 Hearing on Proposed Increases to
Wastewater and Solid Waste Rates

REGULAR

CITY COUNCIL

MEETING
Tues., June 21, 2022
Afternoon session Budget Adoption

CITY OF SANTA BARBARA

COUNCIL AGENDA REPORT
AGENDA DATE: April 19, 2022
TO: Mayor and Councilmembers
FROM: City Administrator
City Attorney
SUBJECT: Rent Stabilization Consulting Scope Of Work
RECOMMENDATION: That Council:

A. Approve BY MOTION the Rent Stabilization Economic Impact and Feasibility Study Consulting Services Scope of Work Outline; and
B. If desired, BY MOTION provide direction on the sequence and priority for implementation of the December 7, 2021 Council actions.

EXECUTIVE SUMMARY:

On February 1, 2022, Council directed preparation of a scope of work for consulting services related to the proposed Rental Stabilization Ordinance (RSO). The attached scope of work was developed in consultation with the Housing Authority of the City of Santa Barbara (HACSB) and Community Development Housing and Human Services staff to answer the key questions important to an RSO. Council should review and approve the scope of work, if acceptable.

On February 1, Council also engaged in considerable debate about the timing of “next steps” for an RSO. Staff’s view is that by virtue of the Tenant Protection Act of 2019, Santa Barbara is already subject to statewide rent stabilization. We believe that regardless of whether Council opts for a more stringent local rent stabilization formula, a rental registry would be required for the City to enforce state laws meant to protect Santa Barbara tenants. Without a registry, enforcement would require tenants taking action against their landlords. A rental registry would provide important, verifiable information about Santa Barbara’s rental housing market, which will supplement or potentially supplant any consulting work.

DISCUSSION:

Agenda Item No. 15
File Code No. 660.01
Council Agenda Report
Rent Stabilization Consulting Scope Of Work
April 19, 2022

Page 2 ends

Background
On December 7, 2021, Council heard 58 members of the public expressing their views about the possibility of a Santa Barbara Rent Stabilization Ordinance (RSO). At the conclusion of this extensive public participation, Council’s deliberations resulted in three related directions:

1. Prepare a temporary RSO limiting rent increases to CPI plus 2%;

2. Create a rental registry program; and

3. Prepare an economic analysis of the longer term financial effects of a RSO, taking into account different potential limits on annual rent increases.

The City Administrator advised Council that the City would need to retain an expert economic consultant to conduct an economic analysis of long-term impacts.

On February 1, 2022, the City Attorney’s Office returned to Council with a proposed budget action seeking a $200,000 appropriation to fund the economic analysis and authorization to enter into a consulting contract for the analysis. The Council engaged in a wide ranging discussion and debate around several issues, including, notably, whether development of the RSO and rental registry program ought to be run in parallel (concurrently) with the economic analysis. The Council approved the appropriation, to be paid with American Rescue Plan Act of 2021 (ARPA) funds. Council further directed that staff return to Council with a scope of work for the economic analysis. In response to the City Administrator’s questions about whether the sequencing of the temporary RSO and rental registry assignments should be framed when the scope of work returned, Council specifically directed that staff should return with the scope of work only. The intended and actual effect of that action was to leave in place the December 7, 2021, actions, pending only Council approval of the scope of work.

Rent Stabilization Economic Analysis Consulting Services Scope of Work Outline The attached outline frames the key elements to be included in a consulting scope of work, and includes many of the suggestions made by Council Members on February 1, substantial revisions by Housing and Human Services Staff, and comments offered by the HACSB. We recommend that Council focus upon the 5 Key Rent Stabilization Policy Analysis Questions, paraphrased as follows:

1. What are appropriate Maximum Allowable Annual Rent Increases for Santa Barbara?
a. Assess the pros, cons, and impacts of limiting rent increases to CPI, plus 1, 2, 3, or 4 percent.

2. What are appropriate Relocation Assistance Amounts?
Council Agenda Report
Rent Stabilization Consulting Scope Of Work
April 19, 2022

Page 3 ends

a. Required by Resolution No. 20-084: “The City Administrator and the City Attorney are directed to prepare and present an annual status report on the effects of AB 1482 rent control upon the Santa Barbara rental market, focusing particularly upon the growth of differentials between contract rents and market rents in a regulated market.”

3. Should Properties with Three Units or Less be treated differently that other rentals? a. Recommend appropriate exemptions and incentives for smaller properties (“Mom and Pop” landlords).

4. What are the viable options to incentivize long-term tenant retention and increase rental housing production?

5. How does Santa Barbara’s recent rental rate and rate increase history affect renters in view of local housing availability and local income and wage levels? a. Are local renters impacted more or less severely than renters living elsewhere in California who are protected by statewide rent control under AB 1482 or local rent stabilization ordinances?
BUDGET/FINANCIAL INFORMATION:

Council has previously appropriated $200,000 for this work, to be paid through appropriated ARPA funds. No budget has been identified for the creation of a rental registry, but based on the costs from other communities that have created a rental registry, the registry will cost several million dollars to develop and implement. Costs may be able to be recouped from fees to landlords.

ATTACHMENT(S): Rent Stabilization Economic Impact and Feasibility Study Consulting Services Scope of Work Outline
PREPARED BY: Ariel Calonne, City Attorney
SUBMITTED BY: Rebecca Bjork, City Administrator
Ariel Calonne, City Attorney
APPROVED BY: City Administrator's Office

ATTACHMENT
1 RENT STABILIZATION ECONOMIC IMPACT AND FEASIBILITY STUDY

CONSULTING SERVICES SCOPE OF WORK OUTLINE
Review of all City of Santa Barbara current regulations, policies, ordinances and all relevant documents related to rental housing regulations and any other related governmental regulations and policies is required. Consideration of current real estate market trends, construction costs, local and state fees, and reasonable profit or return on investment for the property owner or developer must be included with all recommendations in work efforts required listed below.

SECTION 1: Key Rent Stabilization Policy Analysis

1. Determine the economic impact of limiting local rent increases with regulations that are more protective than the State of California’s policies set forth in AB 1482, considering the effect on rental units (gain/loss and overall availability) and recommend the appropriate maximum annual citywide rent increase (“Rent Cap”) and methodology for Santa Barbara that will accommodate housing cost stabilization for both tenants and housing providers.

2. Provide recommendations and requirements for establishing a residential rent stabilization program (“Program”) that has proven successful in using the recommended Rent Cap and methodology. The consultant may suggest additional factors that the City should consider for establishing the Rent Cap and Program implementation to ensure reasonableness, consistency and feasibility.

3. Determine the appropriate amount of relocation assistance in cases of No Fault Just Cause termination of tenancies as required by Resolution No. 20-084: “The City Administrator and the City Attorney are directed to prepare and present an annual status report on the effects of AB 1482 rent control upon the Santa Barbara rental market, focusing particularly upon the growth of differentials between contract rents and market rents in a regulated market.”

4. Determine the different property types (i.e. “Mom and Pop owners”, three units or less, etc.) that may be considered for Program exclusion or a separate set of regulations to assist with tenant retention incentives, equity, and recommend best practices.

ATTACHMENT
2 5. Determine long-term tenant retention incentive options or programs and recommend programs, policies or initiatives, as well as the associated implementation costs.

6. Determine how Santa Barbara’s recent rental rate history affects renters in view of local housing availability and local income and wage levels. Determine whether local renters are impacted more or less severely than renters living elsewhere in California who are protected by statewide rent control under AB 1482 or local rent stabilization ordinances.

7. Determine appropriate enforcement mechanisms based upon systems in similar jurisdictions. Estimate costs associated with an enforcement program.

SECTION 2: Required Data Reports
(Identification of all data sources and methodologies to be used will need to be approved by staff before commencing this section)

1. Tenant and Tenant Household Data:
a. Profile of current tenant household size, socio-economic conditions, incomes and rent paid.
b. Population, employment and wage growth since the 2010 Census. Wage growth data should be presented in categories based upon Area Median Income. Wage growth will be compared to rent growth.
c. Data sources will include Tenant and Tenant Household Data, based upon a combination of the latest available U.S. census data (i.e., American Community Survey, 2016-2020 five-year data, and related Public Use Micro Data Samples, 2014-2018 Comprehensive Housing Affordability Strategy (CHAS) data from the U.S. Department of Housing & Urban Development), the City of Santa Barbara 2021 Rent Survey for the South Coast, and proprietary data sources for average rents charged in the city (e.g., Moody’s REIS, and on-line data services).

2. Characteristics of the City’s Housing Stock:
a. Summary of the physical characteristics of multi-family units of all sizes, studio through 3-bedrooms, and a single category for all 4+ bedrooms.

ATTACHMENT
3 Report identifying the number of parcels and dwelling units that have received a certificate of occupancy after February 1, 1995 (Costa-Hawkins, Civ. Code, § 1954.52(a)(1).)
b. Report quantifying the net new housing rental supply since 2010, including rental units lost through the Ellis Act.
c. Analysis of “supply-side” opportunities and the existing Housing Element policies to determine the level of new development required to balance the Santa Barbara’s rental housing market with a target “healthy” vacancy rate, which percentage is to be determined by correlation analysis.

3. Financial Condition of Existing Multifamily Housing:
a. Analysis of rents, rent growth and vacancies since the 2010 Census, categorized by unit type, by age of stock, by size of project, by type of ownership, and by property management firm, to the extent such data are available.
b. Potential impacts of proposed Rent Cap, including an economic analysis of the impact to the Net Operating Income of rental housing models by using a pro forma for at least 15 years on at least three City multifamily rental buildings.
(Selection of properties and methodology will need to be approved by staff before commencing this work.)

4. Survey of the Experiences with Rent Control/Stabilization in other California Cities:
a. Analysis of similar California cities with rent control/stabilization and assessment of “best practices,” i.e., those that provide stable housing costs without the loss of existing housing stock.
b. Identify cities or counties where rent control/stabilization has had a negative affect or unintended consequences and make policy recommendations to avoid such outcomes. The assessment will include a review of the relevant local codes and regulations that bear on the key rent stabilization policy issues enumerated in Section 1.

ATTACHMENT
4 SECTION 3: Summary Of Analysis And Reporting
Key Policy Question 1: Analysis of Maximum Allowable Annual Rent Increases.

In this task, Consultant will frame the discussion about alternative annual rent increase values, benchmarks and/or formulas by first presenting the facts about recent trends in renter household characteristics and landlord operating expenditures, drawing on the facts developed in Section 2. Consultant shall then summarize the methods for making annual rent adjustments in other comparable California cities with rent stabilization control laws (e.g., use of full CPI or with an adjustment for the CPl shelter component; a fixed percentage of CPI; a CPI-based adjustment with a floor and ceiling; a CPI-based adjustment with a maximum dollar amount; and a percentage change based on detailed analysis of annual changes in individual apartment operating cost line items), along with their pros and cons. This will also include an explanation and evaluation of the most commonly used CPI and other potential inflation benchmarks, and their relative merits for use in the annual rent adjustment formula. The analysis of this issue will also address whether there are any net operating income line items that are significantly different in Santa Barbara, as compared with the competitive housing market area, and whether they should receive special treatment in the annual adjustment formula and options for doing so.

Key Policy Question 2: Analysis of Relocation Assistance Amounts.

Consultant’s analysis shall include an explanation of the purpose of relocation assistance; related requirements in State and Federal law; and how relocation assistance has been derived and applied in other cities with and without rent control laws. Consultant shall also consult with a selection of companies specializing in providing relocation assistance required by other laws, to determine categories of relocation costs and amounts. As needed, Consultant shall also survey a sample of moving companies to assess the range of moving charges to assess the actual direct cost of moving a tenant household within the south coast area of Santa Barbara County. Analysis of this issue will also address prevailing practice in State and Federal law, and in other cities with rent control/stabilization laws, concerning special relocation fee differentials for households with a member who is a senior, disabled, or presence of minor children.

ATTACHMENT
5 Key Policy Question 3: Analysis Of Properties Not Recommended For Inclusion In A Rent Stabilization Ordinance.

Consultant will frame the discussion about this issue by first presenting the facts about the number, age and other characteristics of these properties, and any differences in tenant household characteristics and/or landlord operating expense characteristics that might justify exempting these properties from a rent stabilization system. This analysis will also be informed by experience with this issue in the other California cities with rent stabilization laws. This will result in a set of pros and cons for exempting these buildings.

Key Policy Question 4: Analysis Of Viable Options To Incentivize Long-Term Tenant Retention And Increase Rental Housing Production.

Consultant shall catalog and assess the relative value of incentives to promote long term tenant retention and to increase rental housing production.

Key Policy Question 5: Analysis Of The Effects Of Santa Barbara’s Recent Rental Rate History On Renters In View Of Local Housing Availability And Local Income And Wage Levels?
Consultant will use the information developed in response to Key Policy Question 1 to assess whether local housing and wage conditions are materially different than those experience by renters in other similar jurisdictions.

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