CITY OF SANTA BARBARA
CITY COUNCIL
Randy Rowse
Mayor
Rebecca Bjork
City Administrator
Meagan Harmon
Mayor Pro Tempore
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
MAY 3, 2022, 2:00 PM
AGENDA
IN-PERSON PUBLIC COMMENT: At the beginning of each meeting of the City Council, Finance Committee, or Ordinance Committee, any member of the public may address the City Council concerning any item not on the Council's agenda. Any person wishing to make such address should first complete and deliver a "Request to Speak" form prior to the time that public comment is taken up by the City Council. 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.
Any member of the public who did not speak during the 2:00 p.m. session but who submitted a request to do so during the 2:00 30 minute session may do so at the end of the meeting when the additional “Public Comment (If Necessary)” is announced. The City Council, upon majority vote, may decline to hear a speaker on the grounds that the subject matter is beyond their jurisdiction.
REMOTE 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. The keyboard shortcut for this is Alt+Y for Windows and Option+Y for Macs. City staff will activate the speaker’s microphone when the speaker’s name is called. The speaker will then need to unmute themselves. They keyboard shortcut for this is Alt+M for Windows or Command-Shift-A for Macs.
HOW TO REMOTELY OBSERVE AND/OR SPEAK LIVE AT A MEETING
• Web: https://santabarbaraca-gov.zoom.us/webinar/register/WN_BHXU9bk1SWq0ntGHplRq0Q (Participation via Zoom)
• 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.
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.
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. (CONTINUED ON NEXT PAGE)
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 or raise your hand in Zoom 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. 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. Specialized services, such as sign language interpretation or documents in Braille, may require additional lead time to arrange. 05/03/2022 Santa Barbara City Council Final Agenda Page 1 MAY 3, 2022 AGENDA
ORDER OF BUSINESS
12:00 p.m. -Special Finance Committee Meeting, David Gebhard Public Meeting Room, 630 Garden Street
• Web: (Participation via Zoom) Register in advance for this webinar:
https://santabarbaraca-gov.zoom.us/webinar/register/WN_vqlSVCSvQuN3ZSPNGlWlA Passcode: 037664
After registering, you will receive a confirmation email containing information about joining the webinar.
• Telephone: Dial 1-669-900-6833, Enter Webinar ID: 879 0170 7018 (press *9 to raise/lower hand; press *6 to mute/unmute) 2:00 p.m. - City Council Meeting; Council Chambers and Zoom; Instructions on
SPECIAL FINANCE COMMITTEE MEETING - 12:00 P.M. IN THE DAVID GEBHARD PUBLIC MEETING ROOM, 630 GARDEN STREET (120.03)
Subject: Finance Committee Review Of The Fiscal Year 2023 Recommended Budget (120.03)
Recommendation: That the Finance Committee hear a report from staff, in connection with the Recommended Budget for Fiscal Year 2023, on proposed changes to General Fund fees.
05/03/2022 Santa Barbara City Council Final Agenda Page 2 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 (120.04) 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 May 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 April 12, 2022, March 2, 2021, and February 23, 2021, and the special meeting of April 12, 2022.
3. Subject: Adoption Of Ordinance To Amend Municipal Code To Allow For Electronic Bidding And Bidder Prequalification (340.02) Recommendation: That Council adopt, by reading of title only, an Ordinance of the Council of the City of Santa Barbara Amending the Municipal Code by Amending Sections 4.52.055, 4.52.070, 4.52.160, 4.52.165 Relating to Bidding and by Adding Section 4.52.210 Relating to Prequalification of Bidders.
4. Subject: Adoption Of Ordinance Amendments Related To Review Of Development Projects For Pre-Existing Code Violations (640.04) Recommendation: That Council adopt, by reading of title only, an Ordinance of the Council of the City of Santa Barbara Amending the Municipal Code by Amending Sections 1.25.050, 30.205.050, 30.205.160, and 30.280.030, Relating to Review of Development Projects for Pre-Existing Code Violations. 05/03/2022 Santa Barbara City Council Final Agenda Page 3
5. Subject: Personal Services Contract With Timothy Dana-Bowen, DBA PlayWell TEKnologies, For Provision Of 2022 Youth Lego Camps (570.06) Recommendation: That Council authorize the Parks and Recreation Director to execute a personal services agreement with Timothy Dana-Bowen, an individual doing business as Play-Well TEKnologies, for the provision of 2022 Youth Lego Camps, with compensation equal to 75% of the total basic fees collected for the camp and the total compensation estimated at $40,000 based on the projected number of camp and participants.
6. Subject: Set A Date For Public Hearing Regarding Renewal Of Levy For Fiscal Year 2023 For The Wildland Fire Suppression Assessment District (520.03)
Recommendation: That Council adopt, by reading of title only, A Resolution of the Council of the City of Santa Barbara Declaring its Intention to Continue the Wildland Fire Suppression Assessment within the Foothill and Extreme Foothill Zones; Declaring the Work to be of More Than General or Ordinary Benefit and Describing the District to be Assessed to Pay the Costs and Expenses Thereof; Preliminarily Approving the Updated Engineer’s Report; Stating Intention to Continue Assessments for Fiscal Year 2023 and Establishing a Time of 2:00 P.M. on Tuesday June 7, 2022, in the City Council Chambers for a Public Hearing on the Wildland Fire Suppression Assessment.
This concludes the Consent Calendar.
CITY COUNCIL ADMINISTRATIVE AND ATTORNEY REPORTS
FINANCE DEPARTMENT
7. Subject: Approval Of Tax And License Administration Services Agreement (270.06)
Recommendation: That Council authorize the Finance Director, subject to approval as to form by the City Attorney, to execute an Agreement with Avenue Muniservices LLC for tax and license administration services for three years, with an option to extend the agreement for two one-year periods, at an estimated cost of $272,000 per year.
05/03/2022 Santa Barbara City Council Final Agenda Page 4
SUSTAINABILITY AND RESILIENCE
8. Subject: Adoption Of Resolution And Status Report On Implementation Of The Sea-Level Rise Adaptation Plan And Acceptance Of Grant Funds (630.02)
Recommendation: That Council:
A. Receive a status report on implementation of the Sea-Level Rise Adaptation Plan;
B. Accept three grant awards totaling $2,115,000 from the California Coastal Commission (CCC) Round 7 Local Coastal Program (LCP) Grant Program; C. Adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Amending Resolution No. 21-045, Adopting the Budget for Fiscal Year 2022, for Sea-Level Rise Adaptation Grants; D. Increase revenue appropriations and expenditure appropriations by $630,000 in the Fiscal Year 2022 Sustainability and Resilience Miscellaneous Grants Fund budget for the Regional Coastal Adaptation Monitoring Program, $1,240,000 in the Fiscal Year 2022 Sustainability and Resilience Miscellaneous Grants Fund budget for Waterfront Adaptation Planning, and $245,000 in the Fiscal Year 2022 Airport Department Grants Fund budget to fund the Airport and Goleta Slough Climate Adaptation Plan; E. Authorize the Sustainability and Resilience Director to execute a memorandum of understanding with the Beach Erosion Authority for Clean Oceans and Nourishment (BEACON) to undertake the Regional Coastal Adaptation Monitoring Program; and
F. Disband the Sea-Level Rise Adaptation Plan Subcommittee, with the intention that the Sustainability Council Committee will advise staff on implementation of sea-level rise and other climate adaptation projects moving forward.
9. Subject: Update On Recent Activities And Accomplishments Of The Beach Erosion Authority For Clean Oceans And Nourishment (630.02) Recommendation: That Council receive a presentation from the Beach Erosion Authority For Clean Oceans And Nourishment (BEACON) on recent activities and accomplishments.
COUNCIL AND STAFF COMMUNICATIONS
COUNCILMEMBER COMMITTEE ASSIGNMENT REPORTS
05/03/2022 Santa Barbara City Council Final Agenda Page 5
PUBLIC COMMENT (IF NECESSARY)
ADJOURNMENT
CITY OF SANTA BARBARA
SPECIAL FINANCE COMMITTEE MEETING
MEETING AGENDA
DATE: May 3, 2022 Eric Friedman, Chair
TIME: 12:00 PM Alejandra Gutierrez
PLACE: David Gebhard Public Meeting Room Meagan Harmon
630 Garden Street
Rebecca Bjork Keith DeMartini
City Administrator Finance Director
Members of the public may participate in person or via Zoom. Zoom instructions are below. Web: (Participation via Zoom)
Register in advance for this webinar:
https://santabarbaraca-gov.zoom.us/webinar/register/WN_vqlSVCSvQu-N3ZSPNGlWlA Webinar ID: 879 0170 7018
Passcode: 037664
After registering, you will receive a confirmation email containing information about joining the webinar.
Telephone: Dial 1-669-900-6833, Enter Webinar ID: 879 0170 7018 (press *9 to raise/lower hand; press *6 to mute/unmute) PUBLIC COMMENT: 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 Alt+A 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 Finance Department 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 the item on which they wish to speak.
ITEM FOR CONSIDERATION:
1. Subject: Finance Committee Review Of The Fiscal Year 2023 Recommended Budget
Recommendation: That Finance Committee hear a report from staff, in connection with the Recommended Budget for Fiscal Year 2023, on proposed changes to General Fund fees.
File Code No. 120.03
CITY OF SANTA BARBARA
FINANCE COMMITTEE AGENDA REPORT
AGENDA DATE: May 3, 2022
TO: Finance Committee
FROM: Administration Division, Finance Department
SUBJECT: Finance Committee Review Of The Fiscal Year 2023 Recommended Budget
RECOMMENDATION:
That the Finance Committee hear a report from staff, in connection with the Recommended Budget for Fiscal Year 2023, on proposed changes to General Fund fees.
DISCUSSION:
On Tuesday, April 19, 2022, the Recommended Budget for Fiscal Years 2023 was submitted to Council. Council heard an overview of the budget and approved the Schedule of Council Budget Review Meetings and Public Hearings.
On the same day, the Finance Committee also approved its own budget review schedule, as well as the additional topics that it will review. The approved Finance Committee budget review schedule is attached to this report. Consistent with this approved Finance Committee review schedule, today’s meeting will cover General Fund departmental proposed fee changes.
The next meeting for the Committee’s budget review is scheduled on Tuesday, May 10, 2022, from 12:00 p.m. – 1:45 p.m., when the Committee will review and consider proposed changes to fees for Enterprise funds.
ATTACHMENT: Finance Committee Review Schedule
PREPARED BY: Keith DeMartini, Finance Director
SUBMITTED BY: Keith DeMartini, Finance Director
APPROVED BY: City Administrator's Office
File Code No. 120.03
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
12:00 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
12:00 p.m. – 1:45 p.m.
Enterprise Fund proposed fee changes (excluding
utility rates)
FINANCE
COMMITTEE
Tuesday, May 17, 2022
12:00 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: May 3, 2022
TO: Mayor and Councilmembers
FROM: City Administrator’s Office
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 May 31, 2022.
DISCUSSION:
The City appreciates the loyalty to the community and the dedication to public service that are demonstrated by City employees throughout the organization every day. Since 1980, the City Employees’ Recognition Program has recognized length of City Service. Service award pins are presented to employees for every five years of service. Those employees achieving 25 years of service or more are eligible to receive their pins in front of the City Council.
Attached is a list of those employees who will be awarded pins for their service through May 31, 2022.
ATTACHMENT(S): May 2022 Service Awards
PREPARED BY: Nicole Grisanti, Administrator’s Office Supervisor SUBMITTED BY: Rebecca Bjork, City Administrator
APPROVED BY: City Administrator's Office
Agenda Item No. 1
File Code No. 120.04
ATTACHMENT
MAY 2022 SERVICE AWARDS
May 3, 2022 Council Meeting
10 YEARS
Marianne Wetzel, Senior Real Property Agent, Public Works Department John McCoy, Senior Wastewater Collection System Operator, Public Works Department Viviani Baehr, Custodian, Airport Department
15 YEARS
Michelle Bedard, Associate Transportation Planner, Public Works Department Adam Munce, Wastewater Treatment Supervisor, Public Works Department Lorraine Cruz Carpenter, Environmental Services Supervisor, Sustainability & Resilience Department
20 YEARS
Roy Forney, Parking Supervisor, Public Works Department 25 YEARS
Christina Prince, Administrative Specialist, Police Department 04/12/2022 Santa Barbara City Council Minutes Page 1 of 9
CITY OF SANTA BARBARA
CITY COUNCIL MINUTES
REGULAR MEETING
APRIL 12, 2022
COUNCIL CHAMBERS, 735 ANACAPA STREET
CALL TO ORDER
Mayor Randy Rowse called the meeting to order at 2:00 p.m. (The Ordinance Committee, which normally meets at 12:30 p.m., met at 12:00 p.m. The Finance Committee, which ordinarily meets at 12:30 p.m., did not meet today.)
PLEDGE OF ALLEGIANCE
Mayor Rowse.
ROLL CALL
Councilmembers present: Eric Friedman, Alejandra Gutierrez, Oscar Gutierrez, Meagan Harmon, Mike Jordan, Kristen W. Sneddon, Mayor Rowse.
Councilmembers absent: None.
Staff present: City Administrator Rebecca Bjork, City Attorney Ariel Calonne, Deputy City Clerk Niko Lopez.
CEREMONIAL ITEMS
1. Subject: National Public Safety Telecommunicators Week April 10-16, 2022 Action: Mayor Rowse presented a proclamation to staff. Police Chief Bernard Melekian, Dispatch Supervisors Lorena Renteria, Katie Howsknecht received this proclamation.
2. Subject: National Poetry Month - April 2022
Action: Mayor Rowse presented a proclamation and Emma Trelles received the proclamation and read a poem.
3. Subject: Employee Recognition – Service Award Pins (120.04) Agenda Item No. 2
04/12/2022 Santa Barbara City Council Minutes Page 2 of 9 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 April 30, 2022.
Action: Mayor Rowse presented service awards. Jan Martinez was present to accept a 25 year service proclamation.
CHANGES TO THE AGENDA
There were no changes to the agenda.
PUBLIC COMMENT
Members of the public: Denise Spangler Adams, Frank Rodriguez, Anna Marie Gott.
ITEM PULLED FROM CONSENT
10. Subject: Approval Of Agreement With R3 Consulting Group, Inc. To Conduct A Competitive Procurement Process For Franchise Solid Waste Collection Services (630.01)
Recommendation: That Council authorize the Sustainability and Resilience Director to execute a Professional Services Agreement with R3 Consulting Group, Inc. for consulting services in the amount of $149,550 and approve expenditures of up to $14,955 for extra services that may result from necessary changes in the scope of work.
Documents:
April 12, 2022, report from the Sustainability and Resilience Department.
Speakers:
- Staff: Acting Sustainability and Resilience Director Alelia Parenteau - Members of the public: Lee Heller, Anna Marie Gott
- Marborg Representative: Dan Erickson
Motion:
Councilmembers Friedman/ Harmon to modify the recommended action by limiting it to the first 7 tasks of the scope of work, including a provision to return to Council on an administrative agenda in regards to sole source or competitive negotiations actions; Agreement No 28,100.
Vote:
04/12/2022 Santa Barbara City Council Minutes Page 3 of 9 Unanimous roll call vote.
CONSENT CALENDAR (Item Nos. 4-9, 11-16)
The titles of the Ordinances and Resolutions were read.
Motion:
Councilmembers Jordan/Friedman to approve the recommended actions.
Vote:
Unanimous roll call vote.
4. Subject: Minutes
Recommendation: That Council waive reading and approve the minutes of the regular meetings of April 20, 2021; April 27, 2021; May 4, 2021; May 11, 2021; May 18, 2021; October 12, 2021; March 15, 2022 and the minutes of the special meetings of April 27, 2021; May 3, 2021; May 5, 2021; May 7, 2021; May 10, 2021; May 18, 2021; May 19, 2021; June 9, 2021; June 21, 2021; October 12, 2021; March 10, 2022; and March 15, 2022.
Action: Approved the recommendation.
5. Subject: Adoption Of Ordinance Approving The 2021-2023 TAP Memorandum Of Understanding (440.02)
Recommendation: That Council adopt the Memorandum of Understanding between the City and the Service Employees' International Union, Local 620, Airport and Harbor Patrol Officers' and Treatment Plants' Bargaining Units, for the period of October 1, 2021 through September 30, 2023, by reading of title only, An Ordinance of the Council of the City of Santa Barbara Adopting the 2021-2023 Memorandum of Understanding Between the City of Santa Barbara and the Patrol Officers' and Treatment Plants' Bargaining Units (TAP Units).
Action: Approved the recommendation (April 12, 2022, Council Agenda Report and any attachments; Ordinance No. 6063; Agreement No. 28,098).
6. Subject: Introduction Of An Ordinance Adopting An Equipment Use Policy Per Assembly Bill 481 (520.04)
Recommendation: That Council introduce and subsequently adopt, by reading of title only, an Ordinance of the Council of the City of Santa Barbara Adopting a Military Equipment Use Policy for the Santa Barbara Police Department. 04/12/2022 Santa Barbara City Council Minutes Page 4 of 9 Action: Approved the recommendation (April 12, 2022, Council Agenda Report and any attachments; Proposed Ordinance).
7. Subject: Adoption Of A Resolution Authorizing The Allocation Of The City’s Share Of Transportation Development Act Funds For Bicycle And Pedestrian Projects (530.04)
Recommendation: That Council adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Authorizing the Filing of a Claim with the Santa Barbara County Association of Governments for Allocation of $98,892 in Transportation Development Act Funds for Fiscal Year 2023.
Action: Approved the recommendation (April 12, 2022, Council Agenda Report and any attachments; Resolution No. 22-024).
8. Subject: Adoption Of Resolution Regarding Appropriations For Best Interest Waiver With Venco Power Sweeping Inc. For Commercial Street Sweeping (530.04)
Recommendation: That Council:
A. Find it in the City’s best interest to waive the formal bid process as authorized by Municipal Code Section 4.52.070(L) – Best Interest Waiver, and authorize the General Services Manager to issue a purchase order to Venco Power Sweeping Inc., as the City’s commercial street sweeping vendor for the duration of the bid contract term; and
B. Adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Amending Resolution No. 21-045, Adopting the Budget for Fiscal Year 2022, to Provide Additional Appropriations for Commercial Street Sweeping.
Action: Approved the recommendations (April 12, 2022, Council Agenda Report and any attachments; Resolution No. 22-025).
9. Subject: Professional Services Agreements With Hiltachk Marketing Group For Marketing Of Commercial Air Services At Santa Barbara Airport (330.04) Recommendation: That Council:
A. Authorize the Airport Interim Director to amend Professional Services Agreement 25,939 with Hiltachk Marketing Group to increase the contract amount by $50,000 for a not to exceed amount of $420,000; 04/12/2022 Santa Barbara City Council Minutes Page 5 of 9 B. Authorize the Airport Interim Director to enter into an one year Professional Services Agreement with Hiltachk Marketing Group in for an amount not to exceed $150,000 commencing on July 1, 2022; and
C. Approve an increase in FY 2022 appropriations in the Airport Operating Fund in the amount of $200,000, funded from reserves, for the services of Hiltachk Marketing Group.
Action: Approved the recommendation (April 12, 2022, Council Agenda Report and any attachments; Agreement Nos. 25,939.1; 28.099).
11. Subject: First Amendment To Agreement With The National Association Of Civilian Oversight Of Law Enforcement (NACOLE) (520.01) Recommendation: That Council:
A. Approve and authorize the City Administrator to execute an amendment to the agreement (Professional Services Agreement #22100254) with NACOLE increasing the contract amount by $20,000, for a total not to exceed $55,000.
B. Appropriate $20,000 of General Fund Reserves.
Action: Approved the recommendation (April 12, 2022, Council Agenda Report and any attachments; Agreement No. 28,106).
12. Subject: Amendment To Increase The Contract Design Services For The El Estero Water Resource Center Chlorine Contact Chamber Rehabilitation Project (540.13)
Recommendation: That Council authorize the Public Works Director to execute Amendment No. 1 to City Professional Services Agreement No. 26,887 with Stantec Consulting Services, Inc., for design services for the El Estero Water Resource Center Chlorine Contact Chamber Rehabilitation Project, in the amount of $34,350, for a total contract expenditure authority of $214,173.
Action: Approved the recommendation (April 12, 2022, Council Agenda Report and any attachments; Agreement No. 26,887.1).
13. Subject: Reallocation Of Returned Community Development Block Grant Funding To Other Eligible Projects (610.05)
04/12/2022 Santa Barbara City Council Minutes Page 6 of 9 Recommendation: That Council:
A. Approve reallocation of $71,167 in Community Development Block Grant (CDBG) funds from Program Year 2021;
B. Authorize the Community Development Director to execute an Amendment to Agreement No. 26,973 with the Parks and Recreation Department increasing the CDBG grant by $21,167; and
C. Authorize the Community Development Director to execute an Amendment to Agreement No. 26,712 with Transition House increasing the CDBG grant by $50,000.
Action: Approved the recommendation (April 12, 2022, Council Agenda Report and any attachments; Agreement Nos. 26,973.1; 26,712.1).
14. Subject: Designation Of Proposed Development At 540 W. Pueblo Street (Cancer Center Of Santa Barbara) As A Community Benefit Project (610.01) Recommendation: That Council designate the proposed project at 540 W. Pueblo Street as a Community Benefit Project pursuant to Santa Barbara Municipal Code Chapter 30.170 and allocate 1,614 square feet (net) of nonresidential floor area to the project from the Nonresidential Growth Management Program’s Community Benefit Category.
Action: Approved the recommendation (April 12, 2022, Council Agenda Report and any attachments).
15. Subject: Recruitment For City Advisory Groups (640.01) Recommendation: That Council:
A. Authorize and direct the City Clerk’s Office to accept applications through Monday, May 9, 2022, at 5:00 p.m. to fill scheduled vacancies on various City Advisory Groups and the unscheduled vacancies resulting from resignations received in the City Clerk’s Office through Thursday, April 21, 2022;
B. Direct scheduling of City Council interviews of applicants for vacancies on various City Advisory Groups on Tuesday, May 24, 2022, at 4:00 p.m. (Estimated Time), Tuesday, June 7, 2022, at 4:00 p.m. (Estimated Time), and Tuesday, June 14, 2022, at 6:00 p.m. (Estimated Time); and 04/12/2022 Santa Barbara City Council Minutes Page 7 of 9 C. Direct scheduling of City Council appointments to fill the vacancies on various City Advisory Groups on Tuesday, June 28, 2022.
Action: Approved the recommendation (April 12, 2022, Council Agenda Report and any attachments).
16. Subject: Set A Date For Public Hearing Regarding Single Family Design Board’s Project Design Approval For 1460 La Cima Rd (640.07) Recommendation: That Council:
A. Set the date of May 24, 2022, at 2:00 p.m. for hearing the appeal filed by Beth Collins of the Single Family Design Board’s Project Design Approval of a 1,987 square foot single-story residence and construction of a new 742 square foot, two-car garage, with a 611 square foot Accessory Dwelling Unit (ADU) above; and
B. Set the date of May 23, 2022, at 1:30 p.m. for a site visit to the property located at 1460 La Cima Rd.
Action: Approved the recommendation.
This concluded the Consent Calendar.
REPORT FROM THE ORDINANCE COMMITTEE
Ordinance Committee Chair Sneddon reported that the Ordinance Committee heard proposed updates to the Municipal Code to allow for electronic bidding and bidding prequalifications.
CITY COUNCIL ADMINISTRATIVE AND ATTORNEY REPORTS
CITY ATTORNEY
17. Subject: Introduction Of An Ordinance Approving The Electoral Redistricting Map Referred By The Independent Redistricting Commission (110.03) Recommendation: That Council introduce and subsequently adopt, by reading of title only, an Uncodified Ordinance of the Council of the City of Santa Barbara Approving the 2020 Census Electoral District Map as Referred by the Independent Redistricting Commission Pursuant to City Charter Section 1301.
Documents:
04/12/2022 Santa Barbara City Council Minutes Page 8 of 9 - April 12, 2022 report from the City Attorney
- PowerPoint presentation prepared and made by staff.
- Proposed Ordinance
Speakers:
- Staff: Special Assistant to the City Administrator Brandon Beaudette. - Commissioners: Hon. Melinda A. Johnson (Ret.); Hon Abraham Khan (Ret.); Hon. Elizabeth Allen White (Ret.).
- Members of the Public: None
Motion:
Councilmembers A. Gutierrez/Sneddon to approve the recommended action.
Vote:
Unanimous roll call vote.
COMMUNITY DEVELOPMENT DEPARTMENT
18. Subject: Update On Efforts To Address Homelessness And Its Related Impacts In The City Of Santa Barbara (660.04)
Recommendation: That Council receive an update on the City’s and partnering agencies’ actions to address homelessness.
Documents:
- April 12, 2022 report from the Community Development Department - PowerPoint presentation prepared and made by staff, SB ACT, and City Net.
Speakers:
- Staff: Senior Community Development Programs Specialist Elizabeth Stotts, Environmental Services Specialist Christopher Clark, Interim Police Chief Bernard Melekian, Library Services Manager Molly Wetta - Members of the Public: Sharon Byrne, Rob Fredericks
- SB ACT: Rich Sander, Barbara Andersen, Jeff Shaffer
- City Net: Brad Fieldhouse, Emily Koval
Discussion:
- Councilmembers’ questions were answered.
Mayor Rowse appointed Councilmembers Friedman, Jordan and Sneddon to an ad hoc committee addressing homelessness.
COUNCIL AND STAFF COMMUNICATIONS
04/12/2022 Santa Barbara City Council Minutes Page 9 of 9
COUNCILMEMBER COMMITTEE ASSIGNMENT REPORTS
Councilmember Sneddon reported on their attendance at the following events or made the following comments: 1. Redistricting meeting; 2. New officer swearing-in ceremony;
3. Casa de la Raza History night.
PUBLIC COMMENT (IF NECESSARY)
ADJOURNMENT
Mayor Rowse adjourned the meeting at 7:20 p.m.
Approved and adopted by the City Council of the City of Santa Barbara on May 3, 2022.
SANTA BARBARA CITY COUNCIL SANTA BARBARA
CITY CLERK'S OFFICE
_______________________________ ATTEST: ______________________________
RANDY ROWSE SARAH GORMAN
MAYOR CITY CLERK SERVICES MANAGER
03/02/2021 Santa Barbara City Council Minutes Page 1 of 6
CITY OF SANTA BARBARA
CITY COUNCIL MINUTES
REGULAR MEETING
MARCH 2, 2021
COUNCIL CHAMBERS, 735 ANACAPA STREET
CALL TO ORDER
Mayor Cathy Murillo called the meeting to order at 2:00 p.m. and announced that the meeting is being held via teleconference and all members of the City Council are participating electronically from various locations. (The Ordinance Committee met at 12:30 p.m. The Finance Committee, which ordinarily meets at 12:30 p.m., did not meet on this day.)
PLEDGE OF ALLEGIANCE
Mayor Murillo.
ROLL CALL
Councilmembers present: Eric Friedman, Alejandra Gutierrez, Oscar Gutierrez, Meagan Harmon, Mike Jordan, Kristen W. Sneddon, Mayor Murillo.
Councilmembers absent: None.
Staff present: City Administrator Paul Casey, City Attorney Ariel Calonne, City Clerk Services Manager Sarah Gorman.
CEREMONIAL ITEMS
1. Subject: Peace Corps Week, February 28 - March 6, 2021 (120.04) Mayor Murillo presented Proclamation to Naomi Kovacs, President of Peace Corps Association.
2. Subject: Employee Recognition – Service Award Pins (410.01) 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, 2021.
CHANGES TO THE AGENDA
03/02/2021 Santa Barbara City Council Minutes Page 2 of 6 City Administrator, Paul Casey announced that Item #8, Subject: Set A Date For Public Hearing Regarding Planning Commission’s Denial For Westside Paseos Project should read Historic Landmarks Commission’s Denial, not Planning Commission’s Denial.
PUBLIC COMMENT
Written correspondence regarding non-agendized topics was received and acknowledged.
Members of the Public: Anna Marie Gott, Matt Lowe; Katie Mickey CONSENT CALENDAR (Items 3-8)
The titles of the Ordinances and Resolutions were read.
Motion:
Councilmembers Jordan/Friedman to approve the Consent Calendar as recommended.
Vote:
Unanimous roll call vote.
3. Subject: Adoption Of An Ordinance Establishing A Ninety-Year Affordability Control Covenant For Santa Barbara Affordable Housing Group’s Via Diego Apartments Located At 3931-3937 Via Diego (660.04)
Recommendation: That Council adopt, by reading of title only, an Ordinance of the Council of the City of Santa Barbara Approving an Affordability Control Covenant Imposed on Real Property Located at 3931-3937 Via Diego for a Period of Ninety Years with Santa Barbara Affordable Housing Group and Authorizing the Community Development Director to Execute Such Agreement and Related Documents as Necessary.
Action: Approved the recommendation; Ordinance No. 5994; Agreement No. 26,885.
4. Subject: Annual Authorization For The Allocation Of The City’s Share Of Transportation Development Act Funds For Bicycle And Pedestrian Projects (530.01)
Recommendation: That Council adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Authorizing the Filing of a Claim with the Santa Barbara County Association of Governments for Allocation of $78,745 in Transportation Development Act Funds for Fiscal Year 2022.
Action: Approved the recommendation; Resolution No. 21-016 (March 2, 2021, report from the Public Works Director and any attachments).
03/02/2021 Santa Barbara City Council Minutes Page 3 of 6
5. Subject: Resolution To Adopt An Update To The Affordable Housing Policies And Procedures Manual (660.04)
Recommendation: That Council adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Adopting an Update to the Affordable Housing Policies and Procedures Manual.
Action: Approved the recommendation; Resolution No. 21-017 (March 2, 2021, report from the Community Development Director and any attachments).
6. Subject: Grant Agreement With Santa Barbara International Film Festival (520.04)
Recommendation: That Council authorize the City Administrator to execute an annual community promotion agreement with Santa Barbara International Film Festival in the amount of $72,630 to support film festival programming and administrative expenses.
Action: Approved the recommendation; Agreement No. 26,886 (March 2, 2021, report from the City Administrator and any attachments).
7. Subject: Contract For Design Of The El Estero Water Resource Center Chlorine Contact Chamber Rehabilitation Project (540.13) Recommendation: That Council authorize the Public Works Director to execute a City Professional Services contract with Stantec Consulting Services, Inc., in the amount of $163,476 for design services of the El Estero Water Resource Center Chlorine Contact Chamber Rehabilitation Project, and authorize the Public Works Director to approve expenditures of up to $16,347 for extra services of Stantec Consulting Services, Inc., that may result from necessary changes in the scope of work.
Action: Approved the recommendation; Agreement No. 26,887 (March 2, 2021, report from the Public Works Director and any attachments).
8. Subject: Set A Date For Public Hearing Regarding Planning Commission’s Denial For Westside Paseos Project (640.07)
Recommendation: That Council:
A. Set the date of March 23, 2021, at 2:00 p.m. for hearing the appeal filed by the City of Santa Barbara Public Works Department of the Historic Landmarks Commission’s (HLC) decision to deny the Westside Paseos Project (PLN2020-00339) proposed within El Pueblo Viejo Landmark District (EPV). The portions of the project located at multiple right-of-way parcels within EPV include traffic signals, traffic diverter medians, access 03/02/2021 Santa Barbara City Council Minutes Page 4 of 6 ramps, landscaping, brick pavers, relocated street lights, high visibility bike lanes at the Sola and Santa Barbara Street intersection and improved crossing with two curb extensions, brick pavers, landscaping, relocated street lights, all-way stop signs, and green-backed bike roadway stencils at the intersection of Sola and Garden Streets; and
B. Set the date of March 22, 2021, at 1:30 p.m. for a site visit to the intersections of Sola and Santa Barbara Streets and Sola and Garden Streets.
Speakers:
- Members of the Public: E. Howard Green, Anna Marie Gott, Jim Knell This concluded the Consent Calendar.
REPORT FROM THE ORDINANCE COMMITTEE
Ordinance Committee Chair Jordan reported that the Ordinance Committee made recommendations to Item #10, Introduction Of Enabling Ordinance And Funding Authorization To Support The Community Benefit District For Coast Village Area And City.
CITY COUNCIL ADMINISTRATIVE AND ATTORNEY REPORTS
PUBLIC WORKS DEPARTMENT
9. Subject: Adoption Of Resolution For Five-Year Measure A Local Program Of Projects For Fiscal Years 2022 – 2026 Public Hearing (530.01) Recommendation: That Council adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Adopting the Five-Year Measure A Local Program of Projects for Fiscal Years 2022 – 2026.
The title of the Resolution was read.
Documents:
- March 2, 2021, report from the Public Works Director. - PowerPoint presentation prepared and made by staff.
- Proposed Resolution.
Speakers:
- Staff: Supervising Transportation Planner Jessica Grant - Members of the Public: None
Discussion:
03/02/2021 Santa Barbara City Council Minutes Page 5 of 6 Motion:
Councilmembers Sneddon/Freidman to approve the recommended action; Resolution No. 21-018.
Vote:
Unanimous Roll Call Vote
CITY ADMINISTRATOR
10. Subject: Introduction Of Enabling Ordinance And Funding Authorization To Support The Community Benefit District For Coast Village Area And City (230.02)
Recommendation: That Council:
A. Introduce and subsequently 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 4.45 Relating to Community Benefit Districts;
B. Authorize the use of $40,000 of Measure C Business Corridor funds for $30,000 in consultant services and $10,000 in the City’s use of outside legal services; and
C. Authorize the City Administrator to loan $30,000 to Coast Village Association for consultant expenses to prepare formation documents to establish a community benefit district in the Coast Village area.
The title of the Ordinance was read.
Documents:
- March 2, 2021, report from the City Administrator.
- PowerPoint presentation prepared and made by staff.
- Proposed Ordinance.
Speakers:
- Staff: Jason Harris, Economic Development Manager
- Members of the Public: Francios Watajon; Rick Lemmo; Robert Ludwick; Trey Pinner; Anna Marie Gott
Discussion:
Motion:
Councilmembers Sneddon/Friedman to approve the recommended action with 30% initiation, 30% dissolution, 5 Year Initial Term, with up to 20 year renewal without a petition upon written request from property owners and staff recommendations for funding. City Attorney will add to the Adoption of Ordinance when it returns to Council next week.
Vote:
03/02/2021 Santa Barbara City Council Minutes Page 6 of 6 Unanimous Roll Call Vote
COUNCIL AND STAFF COMMUNICATIONS
COUNCILMEMBER COMMITTEE ASSIGNMENT REPORTS
- Councilmember Sneddon attended the following meetings or events: 1. Black is Beautiful Showcase presented by Healing Justice.
- Mayor Murillo attended the following meetings or events: 1. Santa Barbara Seed Swap; 2. Downtown Santa Barbara Annual Awards; 3. Business Advisory Task Force
PUBLIC COMMENT (IF NECESSARY)
ADJOURNMENT
Mayor Murillo closed the meeting in memory of the 500,000 people who have died from COVID-19 and in the memory of Robert Latimer.
Mayor Murillo adjourned the meeting at 4:29 p.m.
Approved and adopted by the City Council of the City of Santa Barbara on May 3, 2022.
SANTA BARBARA CITY COUNCIL SANTA BARBARA
CITY CLERK'S OFFICE
_______________________________ ATTEST: ______________________________
RANDY ROWSE SARAH GORMAN
MAYOR CITY CLERK SERVICES MANAGER
02/23/2021 Santa Barbara City Council Minutes Page 1 of 9
CITY OF SANTA BARBARA
CITY COUNCIL MINUTES
REGULAR MEETING
FEBRUARY 23, 2021
COUNCIL CHAMBERS, 735 ANACAPA STREET
CALL TO ORDER
Mayor Cathy Murillo called the meeting to order at 2:01 p.m. and announced that the meeting is being held via teleconference and all members of the City Council are participating electronically from various locations. (The Finance Committee and Ordinance Committee met at 12:30 p.m.)
PLEDGE OF ALLEGIANCE
Mayor Murillo.
ROLL CALL
Councilmembers present: Eric Friedman (2:10 p.m.), Alejandra Gutierrez, Oscar Gutierrez, Meagan Harmon, Mike Jordan, Kristen W. Sneddon, Mayor Murillo.
Councilmembers absent: None.
Staff present: City Administrator Paul Casey, City Attorney Ariel Calonne, City Clerk Services Manager Sarah Gorman.
CEREMONIAL ITEMS
1. Subject: Black History Month, February 2021 (130.01) Action: Mayor Murillo presented the proclamation to Jordan Killebrew.
CHANGES TO THE AGENDA
PUBLIC COMMENT
Written correspondence regarding non-agendized topics was received and acknowledged.
Members of the Public: Anna Marie Gott; Christel Barros; Christy Stillwell; Jan Campbell; Ron Buckley; Derek Westen; Jim Knell; John Douglas.
02/23/2021 Santa Barbara City Council Minutes Page 2 of 9 CONSENT CALENDAR (Item Nos. 2 - 14)
The titles of the Ordinances and Resolutions related to the Consent Calendar were read.
Motion:
Councilmember Jordan/Mayor Murillo to approve the Consent Calendar as recommended.
Vote:
Unanimous roll call vote.
2. Subject: Introduction Of An Ordinance Approving A Ninety-Year Affordability Control Covenant For Santa Barbara Affordable Housing Group’s Via Diego Apartments Located At 3931-3937 Via Diego (660.04) Recommendation: That Council introduce and subsequently adopt, by reading of title only, an Ordinance of the Council of the City of Santa Barbara Approving an Affordability Control Covenant Imposed on Real Property Located at 3931-3937 Via Diego for a Period of Ninety Years with Santa Barbara Affordable Housing Group and Authorizing the Community Development Director to Execute Such Agreement and Related Documents as Necessary.
Action: Approved the recommendation (February 23, 2021, report from the Community Development Director; proposed Ordinance).
3. Subject: Local Coastal Program Amendment For Accessory Dwelling Unit Ordinance (650.04)
Recommendation: That Council adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Approving a Local Coastal Program Amendment (PLN2020-00484) to Amend Title 28 of the Santa Barbara Municipal Code to Add Chapter 28.86 to Regulate Accessory Dwelling Units in the Coastal Zone, and Amending Various Sections Within Title 28 to be consistent with this Intent.
Action: Approved the recommendation; Resolution No. 21-010 (February 23, 2021, report from the Community Development Director; proposed Resolution).
4. Subject: Intention to Levy Downtown Business Improvement District and Old Town Business District Assessment Rates for 2021 (150.05) Recommendation: That Council adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Declaring Council’s Intention to Levy Downtown Business Improvement District and Old Town Business Improvement District Assessment Rates for 2021, at a Public Hearing to be Held on March 23, 2021, at 2:00 p.m.
02/23/2021 Santa Barbara City Council Minutes Page 3 of 9 Action: Approved the recommendation; Resolution No. 21-011 (February 23, 2021, report from the City Administrator; proposed Resolution).
5. Subject: Adoption Of A Resolution Accepting A Waterline Easement Deed For Property Located At 950 Andante Road (330.01)
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 a Waterline Easement Deed for Property Located at 950 Andante Road.
Action: Approved the recommendation; Resolution No. 21-012; Deed No. 61-555 (February 23, 2021, report from the Public Works Director; proposed Resolution).
6. Subject: Addition Of A Rental Housing Mediation Specialist And Appropriation Of Permanent Local Housing Allocation (PLHA) Funds (610.05)
Recommendation: That Council:
A. Approve an increase in estimated revenues and appropriations in the Permanent Local Housing Allocation (PLHA) Fund in the amount of $123,109, with funding coming from PLHA funds awarded by the State of California Housing and Community Development Department, to hire a fulltime Rental Housing Mediation Specialist and to administer the PLHA program; and
B. Adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Amending Resolution No. 20-048, the Position and Salary Control Resolution for Fiscal Year 2021, Affecting the Community Development Department Effective February 23, 2021.
Action: Approved the recommendations; Resolution No. 21-013 (February 23, 2021, report from the Community Development Director; proposed Resolution).
7. Subject: Property Tax Exchange Agreement For 691 N. Hope Avenue Reorganization (270.06)
Recommendation: That Council adopt, by reading of title only, A Resolution of the Council of the City of Santa Barbara in the Matter of Providing for a Negotiated Exchange of Property Tax Revenues Pertaining to the 691 N. Hope Avenue Reorganization (LAFCO #18-07), an Annexation of Property Located at 691 N.
Hope Avenue (APN 057-113-007) to the City of Santa Barbara, Detachment from the Santa Barbara County Fire Protection District, Goleta Water District, Goleta Sanitary District, and from County Service Areas 32.
Action: Approved the recommendation; Resolution No. 21-014 (February 23, 2021, report from the Finance Director; proposed Resolution). 02/23/2021 Santa Barbara City Council Minutes Page 4 of 9
8. Subject: Fiscal Year 2021 Second Quarter (Mid-Year) Review (230.04) Recommendation: That Council:
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, 2020; B. Accept the Fiscal Year 2021 Interim Financial Statements for the six months ended December 31, 2020; and
C. Approve the proposed second quarter adjustments to Fiscal Year 2021 appropriations and estimated revenues as detailed In the attached Schedule Of Proposed Second Quarter Adjustments.
Action: Approved the recommendations (February 23, 2021, report from the Finance Director).
9. Subject: January 2021 Investment Report (260.02)
Recommendation: That Council accept the January 2021 Investment Report.
Action: Approved the recommendation (February 23, 2021, report from the Finance Director).
10. Subject: Increase Purchase Order No. 32100806 With Tidwell Excavating For The Cabrillo Boulevard And Union Pacific Railroad Bridge Project (530.04) Recommendation: That Council authorize an increase in Purchase Order No. 32100806 with Tidwell Excavating in the amount of $23,038 for fiber optic investigation services for the Cabrillo Boulevard and Union Pacific Railroad Bridge Project, and authorize the Public Works Director to authorize extra services in the amount of $10,158 for a revised, total contract amount of $61,672.
Action: Approved the recommendation (February 23, 2021, report from the Public Works Director).
11. Subject: Proposed License Agreement With Ecco Wireless, Inc. (570.03) Recommendation: That Council approve a five-year license agreement with Ecco Wireless, Inc. providing wireless internet service to the Harbor area on a subscription basis, at no cost to the Waterfront Department.
Action: Approved the recommendation; Agreement No. 26,884 (February 23, 2021, report from the Waterfront Director).
12. Subject: Third Amendment To Santa Barbara City Agreement No. 25,390, Golf Course Management Agreement (330.04)
02/23/2021 Santa Barbara City Council Minutes Page 5 of 9 Recommendation: That Council authorize the Parks and Recreation Director to execute a third amendment to extend the term of Santa Barbara City Agreement No. 25,390, Golf Course Management Agreement with Santa Barbara Golf, LLC, a wholly-owned subsidiary of CourseCo, Inc., for a period of five years, with an expiration date of July 1, 2026.
Action: Approved the recommendation; Agreement No. 25,390.3 (February 23, 2021, report from the Parks and Recreation Director).
Speakers:
- Staff: Parks and Recreation Department Director Jill Zachary. - Member of the Public: Darryl Scheck.
NOTICES
13. Subject: Received a letter of resignation from Building and Fire Code Board of Appeals member Jose Barajas; the vacancy will be part of the next City Advisory Groups recruitment. (140.02)
14. Subject: Received a letter of resignation from Neighborhood Advisory Council member Ann Pena; the vacancy will be part of the next City Advisory Groups recruitment. (140.02)
This concluded the Consent Calendar.
REPORT FROM THE FINANCE COMMITTEE
Finance Committee Chair Eric Friedman reported that the Committee heard the second quarter mid-year review, asked staff to work on making budget adjustments, and approved the adjustments that were presented to them today.
REPORT FROM THE ORDINANCE COMMITTEE
Ordinance Committee Chair Mike Jordan reported that the Committee were presented with the Historic Resource ordinance amendments, and asked staff to come back in two weeks to continue hearing the amendments.
CITY COUNCIL ADMINISTRATIVE AND ATTORNEY REPORTS
CITY ADMINISTRATOR
15. Subject: An Uncodified Emergency Ordinance Of The Council Of the City Of Santa Barbara Extending And Amending Ordinance No. 5944 And Ordinance No. 5963 Pertaining To COVID-19 Economic Recovery (650.11) 02/23/2021 Santa Barbara City Council Minutes Page 6 of 9 Recommendation: That Council introduce and adopt, by at least five affirmative votes, after reading in full, an Uncodified Emergency Ordinance of the Council of the City of Santa Barbara Extending and Amending Ordinance No. 5944 and Ordinance No. 5963, Authorizing the City Administrator to Make Recovery-Related Amendments to Leases for City Property, and Providing Additional Relief Pertaining to COVID-19 Economic Recovery and Relief.
The Ordinance was read in its entirety.
Documents:
- February 23, 2021, report from the City Administrator. - PowerPoint presentation prepared and made by staff.
- Proposed Ordinance.
Speakers:
- Staff: Economic Development Manager Jason Harris; Assistant City Attorney Dan Hentschke; City Administrator Paul Casey; City Attorney Ariel Calonne. - Members of the Public: Jim Knell; Anna Marie Gott; Barry Remis; Neil Brustkin; Patrick Casey; Virginia Rehling.
Motion:
Councilmembers Sneddon/Harmon to approve the recommended action with a removal of the cap and extension to one year.
Vote:
Unanimous roll call vote; Ordinance No. 5993.
RECESS
4:18 p.m. – 4:32 p.m.
CITY ATTORNEY
16. Subject: City Prosecutor Enforcement Update (160.01) Recommendation: That Council receive a presentation on the City Prosecutor’s enforcement assignments and provide direction on enforcement priorities.
Documents:
- February 23, 2021, report from the City Attorney.
- PowerPoint presentation prepared and made by staff.
Speakers:
- Staff: Assistant City Attorney Denny Wei.
- Members of the Public: Anna Marie Gott.
Discussion:
02/23/2021 Santa Barbara City Council Minutes Page 7 of 9 - Assistant City Attorney Denny Wei, and City Attorney Investigator William Alva gave Council a presentation on the current status of the City’s Prosecution Unit.
The Unit is made up by the following staff members: City Attorney Ariel Calonne, Assistant City Attorney Denny Wei, Assistant City Attorney John Doimas, City Attorney Investigator William Alva, and Litigation Paralegal Amy Scott.
- Topics covered in the presentation included the Prosecution Unit’s goals; tasks completed during the COVID-19 Pandemic, such as matters they assisted on regarding the Temporary Eviction Moratorium; current case distribution; and how the Unit tackles code violations.
- Councilmembers’ questions were answered.
RECESS
5:02 p.m. – 5:04 p.m.
CITY ADMINISTRATOR
17. Subject: Request From Mayor Murillo And Councilmember Oscar Gutierrez To Discuss A Resolution In Support Of Medicare For All And HR 1384 (130.01)
Recommendation: That Council consider the request from Mayor Murillo and Councilmember Oscar Gutierrez to discuss a Resolution Supporting Medicare For All and HR 1384.
Documents:
- February 23, 2021, report from the City Administrator. - PowerPoint presentation prepared and made by staff.
- Proposed Resolution
Speakers:
- Members of the Council: Mayor Cathy Murillo; Mayor Pro Tempore Oscar Gutierrez.
- Members of the Public: Jerome Hoffman; Ady Barkan; Nancy Greep; John Douglas; Lorna Moore; Anna Marie Gott.
Motion:
Councilmembers Sneddon/Harmon to approve the proposed resolution, including the additional clause as follows: “Whereas the California legislature may consider universal healthcare legislation, such as AB 1400, our Council is supportive of a California focused system;” Resolution No. 21-015.
Vote:
Unanimous roll call vote.
02/23/2021 Santa Barbara City Council Minutes Page 8 of 9 RECESS
Mayor Murillo recessed to closed session at 5:42 p.m. and stated that no reportable action is anticipated.
CLOSED SESSION
18. Subject: Conference With City Attorney – Anticipated Litigation – Gov. Code §54956.9(d)(2) & (e)(1) Significant Exposure To Litigation On One Matter (160.01)
Recommendation: That Council hold a closed session to consider significant exposure to litigation (one potential case) pursuant to Government Code Section 54956.9(d)(2) & (e)(1) and take appropriate action as needed.
Scheduling: Duration: 15 minutes; anytime
Report: None anticipated
Document:
- February 23, 2021, report from City Attorney.
No report made.
COUNCIL AND STAFF COMMUNICATIONS
COUNCILMEMBER COMMITTEE ASSIGNMENT REPORTS
- Councilmember Friedman attended the following meetings or events: 1. CCWA; 2.
League of Cities – Coastal Cities; 3. California Coastal Commission Sea Level Rise Subcommittee; 4. Water Commission; 5. BEACON.
- Councilmember A. Gutierrez attended the following meetings or events: 1. Santa Barbara Youth Council; 2. Wished Mayor Murillo a happy birthday. - Councilmember Sneddon attended the following meetings or events: 1. HLC; 2. Water Commission; 3. COMB; 4. Wished Mayor Murillo a happy birthday. - Mayor Murillo attended the following meetings or events: 1. SBCAG; 2. Santa Barbara Youth Coalition; 3. UCSB Black History Month lectures.
PUBLIC COMMENT (IF NECESSARY)
ADJOURNMENT
Mayor Murillo adjourned the meeting at 5:42 p.m.
Approved and adopted by the City Council of the City of Santa Barbara on May 3, 2022.
SANTA BARBARA CITY COUNCIL SANTA BARBARA
CITY CLERK'S OFFICE
02/23/2021 Santa Barbara City Council Minutes Page 9 of 9 _______________________________ ATTEST: ______________________________
RANDY ROWSE SARAH GORMAN
MAYOR CITY CLERK SERVICES MANAGER
04/12/2022 Santa Barbara City Council Minutes Page 1 of 3
CITY OF SANTA BARBARA
CITY COUNCIL MINUTES
SPECIAL MEETING
APRIL 12, 2022
COUNCIL CHAMBERS, 735 ANACAPA STREET
CALL TO ORDER
Mayor Randy Rowse called the meeting to order at 1:00 p.m. Mayor and Council are participating from Council Chambers.
PLEDGE OF ALLEGIANCE
Mayor Rowse.
ROLL CALL
Councilmembers present: Eric Friedman, A. Gutierrez (1:27 p.m.) Oscar Gutierrez, Mike Jordan, Kristen W. Sneddon, Mayor Rowse.
Councilmembers absent: Meagan Harmon.
Staff present: City Administrator Rebecca Bjork, City Attorney Ariel Calonne, Deputy City Clerk Niko Lopez.
1. Subject: Conference With City Attorney – Existing Litigation – Gov. Code § 54956.9(d)(1) (160.03)
Recommendation: That Council hold a closed session to consider pending litigation pursuant to subsection (d)(1) of section 54956.9 of the Government Code and take appropriate action as needed.
The pending litigation is Gabriela Madrigal v. City of Santa Barbara, et al., SBSC Case No. 21CV04860.
Scheduling: Duration, 15 mins; anytime
Report: None anticipated
Document:
- April 12, 2022, report from the City Attorney.
04/12/2022 Santa Barbara City Council Minutes Page 2 of 3 Time:
- 1:06 p.m. – 1:10 p.m.
No report made.
2. Subject: Conference With Real Property Negotiators (330.03) Recommendation: That Council hold a closed session pursuant to Government Code Section 54956.8 to consider price and terms of payment for the acquisition of real property or interests in real property for the De La Vina Bridge Replacement Project.
Real Property: 2733 – 2735 De La Vina Street (APN 051-213-020) City Negotiators: David Thornburgh, Sr. Real Property Agent; Cathy Springford, Hamner & Jewell; Dan Hentschke, Assistant City Attorney Negotiating 2735 De La Vina St., LLC – owner
Party: Glen Block, Attorney
Under Negotiation: Price and terms of property acquisition Real Property: 2726 – 2728 De La Vina Street (APN 051-220-015) City Negotiators: David Thornburgh, Sr. Real Property Agent; Cathy Springford, Hamner & Jewell; Dan Hentschke, Assistant City Attorney Negotiating Cynthia D. Howard, Trustee of the Cynthia Dee Howard Trust, Party: Spencer Eliassen Drew 2002 Trust, Jackson Sproul 2002 Trust, and Elizabeth Arwyn Drew 2003 Trust – co-owners
Glen Block, Attorney
Under Negotiation: Price and terms of property acquisition SCHEDULING: Duration, 30 mins; anytime
REPORT: None anticipated
Document:
- April 12, 2022, report from the City Attorney.
Time:
- 1:12 p.m. – 1:41 p.m.
No report made.
04/12/2022 Santa Barbara City Council Minutes Page 3 of 3
ADJOURNMENT
Mayor Rowse adjourned the meeting at 1:41 p.m.
Approved and adopted by the City Council of the City of Santa Barbara on May 3, 2022.
SANTA BARBARA CITY COUNCIL SANTA BARBARA
CITY CLERK'S OFFICE
_______________________________ ATTEST: ______________________________
RANDY ROWSE SARAH GORMAN
MAYOR CITY CLERK SERVICES MANAGER
1 ORDINANCE NO. ________
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
SANTA BARBARA AMENDING THE MUNICIPAL CODE
BY AMENDING SECTIONS 4.52.055, 4.52.070, 4.52.160,
4.52.165 RELATING TO BIDDING AND BY ADDING
SECTION 4.52.210 RELATING TO PREQUALIFICATION
OF BIDDERS
THE CITY COUNCIL OF THE CITY OF SANTA BARBARA DOES ORDAIN AS FOLLOWS:
SECTION 1. Section 4.52.055 of Chapter 4.52 of Title 4 of the Santa Barbara Municipal Code is amended to read as follows:
4.52.055 Exceptions to Competitive Bidding.
A. The City Administrator is authorized to negotiate and contract for equipment, supplies, and services within the scope of appropriations approved by the City Council without complying with the competitive bidding requirements of Section 4.52.060 or 4.52.070 as provided in this Section.
B. This Section applies to the following categories of purchases:
1. Advertising services (print, television, radio, internet, etc.);
2. Software licenses, technical support, and maintenance renewals;
3. Housing and furniture rental for police department cadets;
4. Subscriptions, periodicals, dues, and memberships;
5. Conferences, trainings, and seminars;
6. Postage;
7. Purchases from other government entities or public utilities;
8. Rental or leasing of facilities;
9. Real property/real estate purchases;
10. Temporary employment services, including hiring of temporary employees.
C. The City Administrator may delegate in writing the authority under this Section.
SECTION 2. Section 4.52.070 of Chapter 4.52 of Title 4 of the Santa Barbara Municipal Code is amended to read as follows:
4.52.070 Formal Contract Procedures (Purchases Greater than $75,000.00).
A. REQUISITION. Purchases of supplies via Purchase Orders or Blanket Purchase Orders, general services, and equipment, of a value greater than $75,000.00 shall be made pursuant to this Section, except as otherwise authorized by this Chapter.
Agenda Item No. 3
File Code No. 340.02
2 All departments of the City shall submit requests for equipment, supplies, and general services to the Purchasing Agent by standard City requisition forms.
B. NOTICE INVITING BIDS. The Purchasing Agent shall issue a notice inviting bids that includes a general description of the articles to be purchased or the services sought, states where the bid forms and specifications may be secured, and announces the time and place for opening bids.
1. Notice. Notices inviting bids shall be publicly advertised not less than 14 days before the date of opening of bids by at least one of the following methods:
a. Publication at least once in a newspaper of general circulation published in the City;
b. Publication in an electronic bidding system established by the Purchasing Agent;
c. Distribution in such other manner determined by the
Purchasing Agent to be appropriate under the circumstances.
2. Upon advertisement as provided in Paragraph 1, notices inviting bids shall be publicly accessible through a link posted on the City’s webpage.
3. Bidders’ List. The Purchasing Agent shall also solicit sealed bids from all responsible prospective suppliers whose names are on the City’s bidders’ list or who have requested their names to be added thereto.
C. BIDDERS’ SECURITY. When deemed necessary by the Purchasing Agent, bidders’ security may be required. Bidders shall be entitled to a return of bid security upon execution of the contract or upon the re-advertisement for bids, provided that the successful bidder shall forfeit his or her bid security upon refusal or failure to execute the contract within 10 days after notice of contract has been deposited in the United States mail. The City Council may, on refusal or failure of the successful bidder to execute the contract, award it to the next lowest responsible bidder. If the City Council awards the contract to the next lowest responsible bidder, the bidder first awarded the contract shall forfeit only the portion of his or her security which is equal to the difference between his or her bid and the bid of the next lowest responsible bidder. If the next lowest responsible bidder is awarded the contract, he or she shall forfeit his or her bid security if he or she fails or refuses to execute the contract.
D. BID OPENING PROCEDURE. Bids may be submitted in physical form or electronically through an electronic bidding platform established by the Purchasing Agent, as specified in the notice inviting bids. Bids shall be submitted in a manner that conceals the bid until the time of opening of all bids. Bids shall be opened at a location open to the public at the time and place stated on the notice inviting bids or as may otherwise be announced to all bidders. A tabulation of all bids received shall be open for public inspection during regular City business hours for a period of not less than 30 calendar days after the bid opening. The manner of submission and the time and location 3 of bid opening shall be stated in the notice inviting bids.
E. REJECTION OF BIDS. In its discretion, the City Council may reject any and all bids presented and re-advertise for bids pursuant to the procedure described herein. In cases where the Purchasing Agent is authorized to award a contract, the Purchasing Agent may, in his or her discretion, reject any and all bids presented and readvertise for bids pursuant to the procedure described herein.
F. AWARD OF CONTRACTS. Contracts shall be awarded by the City Council to the lowest responsible bidder who submits a bid responsive to the specifications except as otherwise provided herein.
G. AWARD OF CONTRACTS BY PURCHASING AGENT. The Purchasing Agent is authorized to award contracts to the lowest responsible bidder when the City Council has approved a Departmental budget that includes funds specifically for the purchase of the item(s) and the amount of the award is not more than the budgeted amount.
H. TIE BIDS. If two or more bids received are for the same total amount or unit price, quality, service and delivery being equal, and if the public interest will not permit the delay of re-advertising for bids, the City Council shall award a contract: after negotiation with the bidders who were tied at the time of the bid opening; giving preference the local bidder (maintains a business within the City limits); or by lottery when tied bidders are not local or all are local.
I. NO BIDS RECEIVED. If no bids are received within 10 days of the publication of the notice inviting bids or such other time specified in the notice inviting bids for the receipt of bids, the Purchasing Agent may either publish a new notice inviting bids or solicit bids without further publication.
J. PERFORMANCE SECURITY. The Purchasing Agent shall have the authority to require a performance security before entering into a contract in such amount as he or she shall find reasonably necessary to protect the best interests of the City. If the Purchasing Agent requires a performance security, the form and amount of the security shall be described in the terms, conditions or general provisions of bid documents.
K. SOLE SOURCE PURCHASES. Purchases of goods or services which can be obtained from only one source may be made by the Purchasing Agent without advertising and after a determination by the City Council that the goods or services are only available from one source and approval of the purchase by the City Council.
L. BEST INTEREST WAIVER. The City Council may authorize purchase of equipment, supplies, and general services without complying with the above procedures when, in the opinion of the Council, compliance with the procedure is not in the best interest of the City.
4 M. ENCUMBRANCE OF FUNDS. Except in cases of emergency, the Purchasing Agent shall not issue any purchase order for equipment, supplies, or services for which there is an insufficient appropriation in the budgetary account against which said purchase is to be charged.
SECTION 3. Section 4.52.160 of Chapter 4.52 of Title 4 of the Santa Barbara Municipal Code is amended to read as follows:
4.52.160 Public Works Contracts – Prevailing Wage.
A. The state prevailing wage law requires contractors on public works projects to be paid the general prevailing rate of per diem wages for work of a similar character in the locality in which the work is performed. Under California Constitution Article XI, Section 5, the laws of chartered cities supersede state law with respect to municipal affairs of the City. The City of Santa Barbara is a chartered city duly organized and validly existing under the laws of the State of California, and thus the City may exempt itself from prevailing wage requirements. California Labor Code § 1782 provides that the state has limited financial resources and resolves only to extend financial assistance to construction projects of those chartered cities that require compliance with the prevailing wage law on all their municipal construction projects. Under Labor Code § 1782, chartered cities are disqualified from receiving financial assistance if the city has awarded, a public works contract without requiring the contractor to comply with prevailing wage requirements.
Chartered cities that have charter provisions exempting city projects from prevailing wage requirements may adopt a local prevailing wage ordinance with requirements equal to or greater than state prevailing wage law in order to avoid disqualification. Since approximately 1990, the City has generally required prevailing wages to be paid on capital improvement projects. Compliance with Labor Code § 1782 requires the adoption of an ordinance and the payment of prevailing wages beyond capital improvement projects to include maintenance and repair work, as described in the Labor Code. Notwithstanding the City’s constitutional right to exempt locally funded projects from prevailing wage, the City Council finds that the City’s financial interests are best served by complying with California’s prevailing wage law.
B. Prevailing wages shall be paid on all public works contracts in accordance with the Labor Code unless otherwise exempted by Labor Code § 1782.
C. The provisions of this Chapter do not restrict the City from receiving or using state funding or financial assistance awarded prior to January 1, 2015, or from receiving or using state funding or financial assistance to complete a contract awarded prior to January 1, 2015. Further, this Chapter does not disqualify or amend any contracts awarded prior to January 1, 2015.
D. If Labor Code § 1782, for any reason, is held to be invalid or inapplicable to charter cities by any court of competent jurisdiction or is repealed, this Section shall automatically sunset and be of no further effect immediately thereafter. 5 SECTION 4. Section 4.52.165 of Chapter 4.52 of Title 4 of the Santa Barbara Municipal Code is amended to read as follows:
4.52.165 Public Works Contracts - Bidding.
A. The Public Works Director may promulgate procedures and requirements for notice, submission, and protest of bids consistent with Section 519 of the City Charter, including use of electronic bidding. Notice of bids may be given in any manner, determined by the Public Works Director to be appropriate under the circumstances, in addition to notice by publication as required by Section 519.
B. Contracts for construction of water-related projects may be exempted from the requirements of Section 519 by the affirmative vote of a majority of the total members of the City Council as provided in this Subsection.
1. The City Council may determine by resolution that such a project may be solicited and contracted for using alternate project delivery methods, including, but not limited to, design-build, and design-build-operate, or competitive negotiation. Any such resolution shall set forth the reasons supporting the use of the alternate project delivery method for the project and describe the solicitation method to be used and the criteria for determining the party to whom the contract should be awarded. The Council may also authorize the reimbursement of the costs of proposers in participating in solicitations for such projects.
2. The selection process shall, to the extent feasible, be fair and open, encourage creative and innovative solutions, and ensure that the City receives the best value possible. During the selection process, the City may meet individually with potential proposers prior to submission of proposals in order to encourage creative solutions. Such meetings may be recorded and the recording shall be made available as a public record after final contract award.
SECTION 5. Chapter 4.52 of Title 4 of the Santa Barbara Municipal Code is amended by adding Section 4.52.210 which read as follows:
Section 4.52.210 Public Works Contracts – Prequalification.
A. The Public Works Director may establish a contracting procedure for a public work contract requiring competitive bidding under Section 519 of the City Charter that includes a process for prequalification of potential contractors or subcontractors, or both contractors and subcontractors.
B. The Purchasing Agent may establish a contracting procedure for a public work contract requiring competitive bidding under Section 4.52.070 of this Chapter that includes a process for prequalification of potential contractors or subcontractors, or both contractors and subcontractors.
6 C. As used in this Section, the term prospective bidder means a contractor or subcontractor responding to a prequalification notice. The term Director means the Public Works Director for prequalification procedures under Subsection A, and the Purchasing Agent for prequalification procedures under Subsection B.
D. A prequalification notice inviting prequalification information may invite prospective bidders to submit information that will permit the Director to determine in advance of advertising of a notice inviting bids that a prospective contractor is responsible to perform a proposed contract or that a prospective subcontractor is responsible to perform specified kinds of work. A prequalification notice may include minimum qualification requirements.
E. A. prequalification notice shall be advertised in the manner prescribed for the proposed contract and may be advertised in any manner, including posting on the City’s website or electronic procurement system as determined appropriate by the Director. When bids will be considered only from bidders determined to be prequalified, the notice inviting bids shall state that only prequalified bidders are eligible to submit a bid.
F. The responsibility of each prospective bidder will be based on the bidder’s response to the prequalification notice. Bidding shall be restricted to bidders determined by the Director to be responsible. When a prequalification notice includes subcontractors, the performance of subcontracts shall be restricted to subcontractors determined by the Director to be responsible. In determining responsibility, the Director may consider:
1. The prospective bidder’s experience in the design, construction, fabrication, assembly, or manufacture of works or materials similar to what will be called for under the contract documents;
2. The experience of others having contracted with the prospective bidder in the construction, fabrication, assembly, or operation of similar works or materials designed, constructed, fabricated, or assembled by the prospective bidder;
3. The physical plant, facilities, and equipment the prospective bidder proposes to employ in the performance of a proposed contract or subcontract;
4. The experience and expertise of a prospective bidder’s responsible managing personnel, key staff members, and other employees who would be assigned to the work if the prospective bidder were awarded the contract or subcontract;
5. The financial capability, capability to procure appropriate insurance and bonding, and resources of the prospective bidder to perform the proposed contract or subcontract.
6. Any other factor bearing on the responsibility of a prospective bidder that is specified in the prequalification notice.
7 G. If the Director determines a prospective bidder to be not responsible based on the responses to the notice, the Director shall give written notice of the determination together with the reasons therefor to the prospective bidder. The notice shall provide the prospective bidder an opportunity to request a meeting with the Director before the decision becomes final. The request for a meeting must be filed in writing with the Director no later than 5:00 p.m. of the tenth day following the date of the notice. If a request for a meeting is not filed, the decision is final. The Director shall promptly schedule a meeting and provide the prospective bidder not less than seven days’ notice of the time and date of the meeting. At the meeting, the prospective bidder will be provided the opportunity to present oral and/or documentary evidence rebutting the preliminary determination of nonresponsibility. The prospective bidder may to be represented by an attorney or other designated representative. The meeting will not be quasi-judicial and will not be conducted according to the technical rules relating to evidence and witnesses applicable to quasijudicial proceedings. Any relevant evidence, including hearsay, may be considered if it is the sort of evidence on which reasonable persons are accustomed to rely in the conduct of serious affairs. After the meeting the Director shall make a final determination in writing stating the reasons for the determination. The Director’s decision following the meeting is final, except for the possibility of judicial review. If a final decision by the Director is made less than 30 days before a date set for the notice inviting bids, the notice shall be postponed to a date not less than 30 days after the date of decision.
H. Prequalification is not a conclusive determination of responsibility. A prequalified bidder may be rejected as not responsible based on subsequently discovered information or because the bidder fails to submit a responsive bid.
I. This Section is enacted as an exercise of the City’s municipal affairs charter power to establish an alternate procedure for prequalification of bidders. The authority granted by this Section is additional to any other authority for prequalification of bidders established by law.
1 ORDINANCE NO. _____
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
SANTA BARBARA AMENDING THE MUNICIPAL CODE
BY AMENDING SECTIONS 1.25.050, 30.205.050,
30.205.160, AND 30.280.030, RELATING TO REVIEW
OF DEVELOPMENT PROJECTS FOR PRE-EXISTING
CODE VIOLATIONS
THE CITY COUNCIL OF THE CITY OF SANTA BARBARA DOES ORDAIN AS FOLLOWS:
SECTION 1. Section 1.25.050 of Chapter 1.25 of Title 1 of the Santa Barbara Municipal Code is amended to read as follows:
1.25.050 Abatement of Unlawful Conditions - Notice.
A. INSPECTIONS AND RIGHT OF ENTRY. The officials responsible for enforcement of the Santa Barbara Municipal Code or their duly authorized representatives may enter on any site or into any structure open to the public for the purpose of investigation provided they shall do so in a reasonable manner whenever they have cause to suspect a violation of any provision of this Code or whenever necessary to the investigation of violations to the conditions of approval, operational standards, or performance standards prescribed in these regulations. If an owner, occupant or agent refuses permission to enter, inspect or investigate, premises which are not open to the public, the officials or their representatives may seek an inspection warrant under the provisions of California Code of Civil Procedure Section 1822. 50 et seq. All such inspections shall be conducted in compliance with the Fourth Amendment to the United States Constitution. Whenever the Director has inspected a property and finds that conditions constituting a violation of this Code exist thereon, the Director may use the procedures set forth in this chapter to enforce the provisions of this Code as authorized by law.
B. NOTICE OF ADMINISTRATIVE CITATION ISSUANCE. The Director may issue a Notice of Administrative Citation for a violation to any person or persons whom the Director deems appropriate if the Director has determined, through investigation, that a violation exists. A person to whom a Notice of Administrative Citation is issued shall be liable for and shall pay to the City the administrative fine or fines described in the Notice of Administrative Citation when due pursuant to the provision of this Chapter.
C. DEVELOPMENT REVIEW CONDITIONS. Every person who applies for and receives a permit, license, or any type of land use approval (such as, but not limited to, a development plan approval, a coastal development permit, a subdivision map approval, a conditional use or performance standard permit, a zoning modification, a variance, or other discretionary approval under Title 22, Title 27, Title 28, or Title 30 of this Code) shall Agenda Item No. 4
File Code No. 640.04
2 comply with all mandatory approval conditions imposed upon the issuance of the permit, license, or other such approval. If a person violates any condition of such permit, license, or similar land use approval, that person may be issued a Notice of Administrative Citation and may be held responsible for administrative fines under the provisions of this Chapter.
D. CONTINUING VIOLATIONS. Each day a violation of this Code exists shall be a separate and distinct violation and may be subject to a separate administrative fine. A Notice of Administrative Citation may charge a violation for one or more days on which a violation exists and for violation of one or more applicable Code sections.
E. CORRECTION OF VIOLATIONS AT TIME OF NEW OR ADDITIONAL DEVELOPMENT. The City may require a person to correct or otherwise resolve violations of this Code existing on a parcel as a condition of issuance or approval of a discretionary permit, license, or any similar type of land use approval for use or development of the parcel.
F. CONTENTS OF NOTICE. The Administrative Guidelines as approved by the City Council pursuant to Section 1.25.010 hereof shall, among other things, identify those items of information which must be contained in the Notice of Administrative Citation issued to persons and allege a violation of this Code.
G. SERVICE OF NOTICE. The Notice of Administrative Citation and any amended Notice of Administrative Citation shall be served by mail, personal service, or posting in the manner provided for in the approved Administrative Guidelines.
H. PROOF OF SERVICE. Proof of personal service of the Notice of Administrative Citation shall be documented as provided for in the approved Administrative Guidelines.
SECTION 2. Section 30.205.050 of Chapter 30.205 of Title 30 of the Santa Barbara Municipal Code is amended to read as follows:
30.205.050 Review of Discretionary Applications.
A. Review Process. The Community Development Director shall determine whether a discretionary application is complete within 30 days of the date the application is filed with the required fee, pursuant to Government Code Section 65943.
B. Concurrent Processing. With the exception of General Plan and Zoning Amendments, Local Coastal Program Amendments, and Specific Plans, if an application requires more than one discretionary land use approval under this Title, all applications shall be submitted, reviewed, heard, and acted upon concurrently by the highest applicable Review Authority.
C. Incomplete Application. If a discretionary application is incomplete, the Community Development Director shall provide written notification to the applicant listing 3 the applications for permit(s), forms, material, information or additional fees that are necessary to complete the application.
1. Discovery of Potential Unlawful Conditions. If the City discovers unpermitted or unauthorized site development, uses, or structures during application review, the City will notify the applicant of the alleged violation. a. Voluntary Compliance. If the applicant and the City agree on the nature and extent of the violation and the proposed correction, the violation will be corrected using one of the following methods as determined by the applicant:
i. inclusion as part of the proposed project application; ii. inclusion on a separate, concurrent application;
iii. inclusion as a condition of project approval, which may specify a phasing program.
b. Referral to Enforcement. If the applicant and the City do not agree on the nature and extent of the violation or the proposed correction, or if the violation is not corrected as provided in paragraph (a), the violation will be subject to formal enforcement action.
c. A discretionary application may be determined complete without a requirement for abatement of the violation; provided, however, that any approvals shall not constitute authorization for continuation of the violation, or waiver of or estoppel against any future enforcement action.
2. Appeal of Determination. Determinations of discretionary application incompleteness are subject to the provisions of Section 30.205.150, Appeals.
3. Submittal of Additional Information. The applicant shall provide the additional information within 30 days or as specified by the Community Development Director. The Community Development Director may, for good cause, grant extensions of any time limit for review of applications imposed by this Title.
4. Expiration of Application. If an applicant fails to correct the specified application deficiencies within the specified time limit, the application shall expire and be deemed withdrawn. After the expiration of an application, project review shall require the submittal of a new, complete application, along with all required fees.
D. Complete Application. When a discretionary application is determined to be complete, the Community Development Director shall make a record of that date. The Director may require submittal of additional information for review of the project in compliance with the California Environmental Quality Act (CEQA). 4 E. Review and Consideration.
1. Review Authority. Once a discretionary application is determined to be complete, and environmental review is completed, the application shall be considered and acted upon by the Review Authority as outlined in this Chapter.
2. Findings. Findings, when required by State law or this Title, shall be based upon consideration of the application, plans, testimony, reports, and other materials that constitute the administrative record and shall be stated in writing in the Record of Decision. The inability to make one or more of the required findings supported by substantial evidence in the record is grounds for denial of an application. a. Denial of Affordable Housing Projects. When a proposed housing development project complies with the applicable General Plan, Zoning and development policies in effect at the time that the housing development project’s application is determined to be complete, but the local agency proposes to disapprove the project or to approve it upon the condition that the project be developed at a lower density, the local agency shall base its decision regarding the proposed housing development project upon written findings supported by substantial evidence in the record that both of the following conditions exist:
i. The housing development project would have a specific, adverse impact upon the public health or safety unless the project is disapproved or approved upon the condition that the project be developed at a lower density; and ii. There is no feasible method to satisfactorily mitigate or avoid the adverse impact identified pursuant to Paragraph i, other than the disapproval of the housing development project or the approval of the project upon the condition that it be developed at a lower density.
SECTION 3. Section 30.205.160 of Chapter 30.205 of Title 30 the Santa Barbara Municipal Code is amended to read as follows:
30.205.160 Enforcement and Penalty.
A. Purpose. This Section establishes the responsibilities of various departments, officials and public employees of the City to enforce the requirements of this Title and establishes uniform procedures the City will use to identify, abate, remove, and enjoin uses, buildings, or structures that are deemed to be in violation of this Title.
B. Duties. All departments, officials, and public employees of the City who are vested with the duty or authority to issue permits or licenses shall conform to the provisions of this Title, and shall issue no permit or license, except licenses issued for revenue purposes only, for uses, buildings, structures, or purposes in conflict with the provisions of this Title, and any such permit or license issued in conflict with the provisions of this Title shall be null and void.
5 1. Community Development Director.
a. It shall be the duty of the Community Development Director, with respect to new development and uses, to enforce this Title by withholding, suspending, or revoking permits, approvals, Final Inspections, or Certificates of Occupancy where plan checks or field inspections reveal that completion of the project will result in a violation of this Title.
b. When a record of a prior permit or approval does not exist, the Community Development Director may make a determination of when a site development, use, or structure was originally established or constructed and then apply the codes and other specified rules and regulations in effect when the structure was determined to be constructed for purposes of issuing a permit or approval. The determination will be made on a case-by-case basis when so doing would be consistent with the purposes of this Title, and in consultation with the Building Official to approve an alternative material or method, if the design is satisfactory and equivalent to the Building Code.
c. A Certificate of Occupancy shall not be issued or a Final Inspection shall not be approved on any City permit until all work required by the permit and all other conditions imposed by any board, commission or other authority have been completed or satisfactorily met by bonding or other appropriate method. d. With respect to existing development and uses, and all other sources of violations, it shall be the duty of the Community Development Director to enforce this Title. It is the policy of the Community Development Department to work in cooperation with a property owner to obtain voluntary compliance unless immediate enforcement action is required because of an imminent threat to health or safety caused by the violation. An enforcement priority for the Community Development Department is to educate and to work in partnership with property owners and businesses, and to allow the level of enforcement that best fits the type and circumstances of the code violation.
2. City Attorney. The provisions of this Title shall be interpreted by the City Attorney.
C. Enforcement.
1. Any structure erected or maintained or any use of property contrary to the provisions of this Title shall be, and the same is hereby declared to be, unlawful and a public nuisance and the City Attorney shall have the authority to commence actions and proceedings for the abatement, removal or enjoinment thereof in the manner provided by law and by Santa Barbara Municipal Code Chapter 1.25, Administrative Code Enforcement Procedures; and shall have the authority to take such other steps and shall apply to any court as may have jurisdiction to grant such reliefs as will abate or remove 6 such building, structure or use and restrain and enjoin any person, firm or corporations from erecting or maintaining such structure or using any property contrary to the provisions of this Title.
2. This Title may also be enforced by injunction issued out of the Superior Court upon the suit of the City or the owner or occupant of any real property affected by such violation or prospective violation. This method of enforcement shall be cumulative and in no way affect the penal provisions hereof.
D. Penalty. Any person, firm or corporation, whether as owner, principal, agent, employee or otherwise, violating any provision of this Title shall be deemed guilty of a misdemeanor but may be cited or charged, at the election of the enforcing officer or City Attorney, as an infraction. Upon conviction, such person shall be punished as set forth in Chapter 1.28, Penalty of the Santa Barbara Municipal Code. Each day that violation of this Title continues shall be considered a separate offense.
SECTION 4. Section 30.280.030 of Chapter 30.280 of Title 30 of the Santa Barbara Municipal Code is amended to read as follows:
30.280.030 Review and Decision.
A. General Requirement. Before the City may issue any permit or approval for which a Zoning Clearance is required by this Chapter, the Community Development Director shall review the application to determine whether the proposed structures, site development, or use complies with all provisions of this Title, substantially conforms to the discretionary approvals for the proposed structures, site development, or use, and that all conditions of the discretionary approvals have been satisfied.
B. Application. Applications and fees for a Zoning Clearance shall be submitted in accordance with the provisions set forth in Section 30.205.020, Application Forms and Fees. The Director may request that the Zoning Clearance application be accompanied by a written narrative, plans or other related materials necessary to show that the proposed structure, site development, or use of the site complies with all provisions of this Title and the requirements and conditions of any applicable discretionary approval.
C. Determination. If the Director determines that the proposed structure, site development or use conforms to all applicable requirements of this Title, the Director shall issue a Zoning Clearance in the form of a physical stamp on submitted plans, an electronic signature or approval, a written memo, or other approved method. Attachments of other written or graphic information, including, but not limited to, statements, numeric data, site plans, floor plans and building elevations and sections may be required, as a record of the proposal’s conformity with the applicable regulations of this Title. 7 D. Exceptions. A Zoning Clearance shall not be required for the continuation of previously approved or permitted uses and structures, or uses and structures that are not subject to building or zoning regulations.
E. Violation of Law Not Permitted. A Zoning Clearance issued pursuant to this Chapter shall not constitute authorization to violate any provision of this Title or law, regardless of whether the Zoning Clearance purports to authorize such violation or not. A Zoning Clearance presuming to give authority to violate or cancel the provisions of this Title shall not be valid. The issuance of a Zoning Clearance based on construction documents and other data shall not prevent the Director from requiring the correction of errors in the construction documents or other data. The Director is also authorized to prevent occupancy or use of a structure where in violation of this Title.
CITY OF SANTA BARBARA
COUNCIL AGENDA REPORT
AGENDA DATE: May 3, 2022
TO: Mayor and Councilmembers
FROM: Recreation Division, Parks and Recreation Department SUBJECT: Personal Services Contract With Timothy Dana-Bowen, DBA PlayWell TEKnologies, For Provision Of 2022 Youth Lego Camps RECOMMENDATION:
That Council authorize the Parks and Recreation Director to execute a personal services agreement with Timothy Dana-Bowen, an individual doing business as Play-Well TEKnologies, for the provision of 2022 Youth Lego Camps, with compensation equal to 75% of the total basic fees collected for the camp and the total compensation estimated at $40,000 based on the projected number of camp and participants.
DISCUSSION:
Background
The Recreation Division of the Parks and Recreation Department (Department) offers eight one-week LEGO-inspired engineering camps in summer that serve youth ages six through twelve, and are organized and delivered by a third-party contractor. Mr. DanaBowen has provided the Youth Lego Camps for the Department over the past five years.
The Youth Lego Camps provide a unique activity not offered by the Department or by other local camp providers. Over the past five years, Mr. Dana-Bowen has provided participants the opportunity to learn new skills, understand STEAM (Science, Technology, Engineering, Art, Math), and develop an enhanced respect for the sciences.
The Lego Camp program has gained in popularity since 2017 when it was averaging less than ten participants per week. Beginning in 2021 all eight weeks reached the participant capacity, serving 185 youth participants per-year.
Agenda Item No. 5
File Code No. 570.06
Council Agenda Report
Personal Services Contract With Timothy Dana-Bowen, DBA Play-Well TEKnologies, For Provision Of 2022 Youth Lego Camps
May 3, 2022
Method of Selection
The Department recommends that the City enter into an agreement with Timothy DanaBowen due to his consistent track record of providing high-quality STEAM-based programs, since 2017. In addition, Mr. Dana-Bowen works collaboratively with the Department to market the Youth Lego Camps and grow the program, and provides eight fully funded scholarships to the Santa Barbara Police Activities League Campership Alliance Program.
This agreement is for 2022 Youth Lego Camp programming, ending August 20, 2022.
BUDGET/FINANCIAL INFORMATION:
Per the agreement, Mr. Dana-Bowen is paid 75% of each registration fee collected, calculated using the basic (resident) rate. Based on a projected number of camp participants, the total amount to be paid to Mr. Dana-Bowen through August 20, 2022 is estimated to be $40,000.
The Department Fiscal Year 2022 and proposed 2023 General Fund operating budgets include sufficient expenditure appropriations to cover the cost of this service.
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: Adam Porte, Acting Senior Recreation Supervisor REVIEWED 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: May 3, 2022
TO: Mayor and Councilmembers
FROM: Fire Prevention Division, Fire Department
SUBJECT: Set A Date For Public Hearing Regarding Renewal Of Levy For Fiscal Year 2023 For The Wildland Fire Suppression Assessment District RECOMMENDATION:
That Council adopt, by reading of title only, A Resolution of the Council of the City of Santa Barbara Declaring its Intention to Continue the Wildland Fire Suppression Assessment within the Foothill and Extreme Foothill Zones; Declaring the Work to be of More Than General or Ordinary Benefit and Describing the District to be Assessed to Pay the Costs and Expenses Thereof; Preliminarily Approving the Updated Engineer’s Report; Stating Intention to Continue Assessments for Fiscal Year 2023 and Establishing a Time of 2:00 P.M. on Tuesday June 7, 2022, in the City Council Chambers for a Public Hearing on the Wildland Fire Suppression Assessment.
DISCUSSION:
On July 11, 2006, the City Council adopted Resolution 06-064 which declared the Council’s intention to order expansion of vegetation road clearance, implementation of a defensible space inspection and assistance program, and implementation of a vegetation management program within the Foothill and Extreme Foothill Zones of the High Fire Hazard Area. The Resolution described the special benefit to be assessed and approved an Engineer’s Report, confirmed the diagram and assessment, and ordered levy of the Wildland Fire Suppression Assessment District (District) for Fiscal Year 2007. As required by the Resolution, the assessment must be renewed annually by Council. The City has renewed the Wildland Fire Suppression Assessment for the past fifteen years.
Assessment funds continue to reduce the risk and severity of wildland fires through the reduction of flammable vegetation. The assessment provides three primary services:
1. Vegetation Road Clearance: Each year the assessment provides approximately 14 miles of road clearance. The frequency is such that most roads in the District are cleared of impeding vegetation every three years. Clearing vegetation from the roadways is required of property owners by law and allows for safer egress of Agenda Item No. 6
File Code No. 520.03
Council Agenda Report
Set A Date For Public Hearing Regarding Renewal Of Levy For Fiscal Year 2023 For The Wildland Fire Suppression Assessment District
May 3, 2022
residents and ingress of first responders during an emergency. In Fiscal Year 2022 we have cleared 12 miles of roadways, representing 110 tons of vegetation.
2. Defensible Space Inspection and Assistance: This element of the assessment provides assistance to property owners in creating defensible space around their homes. Defensible space is a key element in preventing the ignition of homes during a wildfire by reducing the exposure of the home to burning vegetation. Defensible space assistance will again involve scores of site visits to assist homeowners. In addition, the assessment provides chipping services to residents of the District after the vegetation has been cut. Chipping provides a cost effective way for homeowners to dispose of cut material. The chipped vegetation may be reused as a ground cover in landscaping. Over 100 tons of vegetation has been chipped and removed in FY2022.
3. Vegetation Management: Vegetation management is the selective removal of flammable vegetation in open land outside of property owner’s defensible space.
The goal is to lessen the severity of a fire, in the event that one occurs, by depriving the fire of a large amount of fuel. This is accomplished by preferentially removing exotic plants, thinning, pruning and limbing vegetation to remove fire ladders, limbing up the canopy and pruning out dead material. Vegetation management retains the overall look of wildland areas and minimizes impacts to natural resources while reducing the amount of flammable vegetation. Vegetation management was successfully completed on 10 acres in Fiscal Year 2022. These projects require staff to strengthen the public-private relationship by working with multiple, individual property owners and contract crews to link individual parcels across larger areas of adjacent land. Working in cooperation with multiple property owners, there is a greater impact on reducing the community threat from wildfire.
In addition to vegetation removal, this project also accomplished education, protection of natural resources unique to the area and outlined individual maintenance programs. The project areas are identified in the Community Wildland Protection Plan (CWPP).
ANNUAL LEVY:
The Wildland Fire Assessment may be annually increased by the Consumer Price Index (CPI) in an amount not to exceed 4% per year. In adjusting for the CPI, the allowable increase is calculated using the CPI from the past year plus any deferred increases from previous years.
For Fiscal Year 2023, staff and the Assessment Engineer propose a CPI increase of 4.0%.
The actual CPI for 2022-23 is 6.569% and the total allowable CPI adjustment for 2022-23 is
4.00%, and the rates have been adjusted, accordingly. The rate for Fiscal Year 2023 as suggested in the Engineer’s Report (see Attachment) will therefore be set at $92.18 per single family home located within the boundary of the Foothill Zone and $114.30 per single family home located within the in the Extreme Foothill Zone boundary. Total anticipated revenues to be generated from the assessment are $307,617 for Fiscal Year 2023. For Council Agenda Report
Set A Date For Public Hearing Regarding Renewal Of Levy For Fiscal Year 2023 For The Wildland Fire Suppression Assessment District
May 3, 2022
comparison, the Fiscal Year 2022 rates were $88.64 and $109.91 respectively, totaling $295,542. The increased revenue anticipated for Fiscal Year 2023 will allow us to continue to provide the same level of service in all three areas.
As required in Resolution 06-064, an updated Engineer’s Report has been prepared and includes the proposed budget and assessment rate. The updated Engineer’s Report must be considered by Council at a noticed public hearing and serves as the basis for the continuation of the assessments. The updated Engineer’s Report is available for review by contacting [email protected] or [email protected]. The report is available for public review at the Fire Administration office and the City Clerk’s office.
SUSTAINABILITY IMPACT:
Vegetation removed through vegetation road clearance and the defensible space chipping assistance program is chipped and spread back on to the ground or in areas of local parks where feasible. The goal is reuse at least 80% of all chipped material locally avoiding the cost of disposal fees, extra vehicle trips and landfill use. Non-native pest plants are not chipped, but rather hauled off-site to be disposed of properly. In 2022 we exceeded that goal, achieving 100% reuse.
ATTACHMENT: Preliminary Engineer’s Report
PREPARED BY: Ryan DiGuilio, Fire Marshal
SUBMITTED BY: Chris Mailes, Fire Chief
APPROVED BY: City Administrator’s Office
FY 2022‐23
City of Santa Barbara
Wildland Fire Suppression Assessment
PRELIMINARY ENGINEER’S REPORT
April 2022
Pursuant to California Government Code Section 50078 et seq., and Article XIIID of the California Constitution
ATTACHMENT
City of Santa Barbara
Wildland Fire Suppression Assessment
Preliminary Engineer’s Report, FY 2022‐23
Page i
(This Page Intentionally Left Blank)
City of Santa Barbara
Wildland Fire Suppression Assessment
Preliminary Engineer’s Report, FY 2022‐23
Page ii
City of Santa Barbara
City Council
Randy Rowse, Mayor
Eric Friedman, Councilmember
Oscar Gutierrez, Councilmember
Alejandra Gutierrez, Councilmember
Meagan Harmon, Councilmember
Mike Jordan, Councilmember
Kristen Sneddon, Councilmember
Fire Prevention Bureau
Chris Mailes, Fire Chief
Ryan DiGuilio, Fire Marshal
Chris Braden, Fire Services Specialist
City Attorney’s Office
Ariel Pierre Calonne, City Attorney
Sarah Knecht, Assistant City Attorney
Engineer of Work
SCI Consulting Group
City of Santa Barbara
Wildland Fire Suppression Assessment
Preliminary Engineer’s Report, FY 2022‐23
Page iii
Table of Contents
0BIntroduction ...................................................................................................... 1 1BDescription of Services ...................................................................................... 9 2BCost and Budget .............................................................................................. 11 2BMethod of Apportionment ............................................................................. 12 Method of Apportionment ......................................................................................... 12 Discussion of Benefit .................................................................................................. 12 Benefit Factors ........................................................................................................... 13 Benefit Finding ........................................................................................................... 15 General Versus Special Benefit .................................................................................. 15 Calculating General Benefit ........................................................................................ 17 Zones of Benefit ......................................................................................................... 19 Assessment Apportionment ....................................................................................... 21 Method of Assessment ............................................................................................... 22 Criteria and Policies .................................................................................................... 27 4BAssessment ..................................................................................................... 28 5BAssessment Diagram ....................................................................................... 31 5BAppendices ..................................................................................................... 33 Appendix A – Assessment Roll, FY 2022‐23................................................................ 33 Appendix B – California Government Code Section 50078 et. seq. ........................... 34 Appendix C – Article XIIID of the California Constitution ........................................... 37 End Notes ....................................................................................................... 41 City of Santa Barbara
Wildland Fire Suppression Assessment
Preliminary Engineer’s Report, FY 2022‐23
Page iv
List of Figures
Figure 1 – Wildland Fire History in Santa Barbara County .................................................. 1 Figure 2 ‐ Cost and Budget FY 2022‐23 ............................................................................. 11 Figure 3 ‐ Relative Hazard/Risk Scoring for High Fire Hazard Area Zones ........................ 20 Figure 4 ‐ Scoring System .................................................................................................. 20 Figure 5 ‐ Wildland Fire Risk Factors ................................................................................. 21 Figure 6 – Structure Value Factors .................................................................................... 23 Figure 7 ‐ Relative Benefit Factors for Foothill and Extreme Foothill Zones .................... 25 0 BIntroduction
The City of Santa Barbara is located about 100 miles northwest of Los Angeles, largely on the slopes between the Pacific Ocean and the Santa Ynez Mountains. The City of Santa Barbara provides fire services throughout the City limits. Fire services include fire suppression, protection, prevention, evacuation planning, and education.
Due to topography, location, climate and infrastructure, the Santa Barbara community has a relatively high inherent risk of wildland fires. Listed below are some of the major wildland fires that have occurred in Santa Barbara County since 1970:
Figure 1 – Wildland Fire History in Santa Barbara County Year Fire Name Acres Homes Lost
1971 Romero Canyon Fire 14,538 4
1977 Sycamore Canyon Fire 805 234
1977 Hondo Canyon Fire 10,000 0
1979 Eagle Canyon Fire 4,530 5
1990 Painted Cave Fire 4,900 524
1993 Marre Fire 43,864 0
2002 Sudden Fire 7,160 0
2004 Gaviota Fire 7,440 1
2007 Zaca Fire 240,207 0
2008 Gap Fire 9,443 0
2008 Tea Fire 1.940 210
2009 Jesusita Fire 8,733 80
City of Santa Barbara
Wildland Fire Suppression Assessment
Preliminary Engineer’s Report, FY 2022‐23
2016 Sherpa Fire 7,474 0
2016 Rey Fire 32,606 0
2016 Canyon Fire 12,518 0
2017 Thomas Fire 281,893 1,063
2019 Holiday Fire 113 24
2019 Cave Fire 3,126 0
2021 Loma Fire 7 0
2021 Alisal Fire 16,970 12
In response to the considerable wildland fire risk in the area, the City of Santa Barbara Fire Department prepared a Wildland Fire Plan in January, 2004, in which it identified four High Fire Hazard Zones: The Coastal Zone, the Coastal Interior Zone, the Foothill Zone, and the Extreme Foothill Zone. The two Zones with the highest wildland fire risk are the Foothill and Extreme Foothill Zones (the “Zones”), and these are the Zones that are included in this assessment.
These Zones are at a high risk of wildland fires due to the following factors:
Climate. The climate consists of cool, moist winters and hot, dry summers. The low humidity and high summer temperatures increase the likelihood that a spark will ignite a fire in the area, and that the fire will spread rapidly. Topography. Periodic wind conditions known as “Sundowner” and “Santa Ana” winds interact with the steep slopes in the Santa Ynez Mountains and the ocean influence, resulting in an increase in the speed of the wind to severe levels. These two types of wind conditions increase the likelihood that fires will advance downslope towards the Foothill and Extreme Foothill Zones. In addition, these winds can greatly increase the rate at which a fire will spread.
Chaparral. Much of the undeveloped landscape is covered with chaparral. Chaparral sheds woody, dead, and organic materials rich in flammable oils, which accumulate over time. Areas covered with chaparral typically experience wildland fires which burn the accumulated plant materials, and renew the chaparral for its next cycle of growth.
Therefore, areas of chaparral which are not thinned, and from which the dead plant City of Santa Barbara
Wildland Fire Suppression Assessment
Preliminary Engineer’s Report, FY 2022‐23
materials are not removed or burned off in prescribed fires, provide ample opportunities for wildland fires to occur and to spread. Road Systems. Many of the roads in the Foothill and Extreme Foothill Zones do not meet current Fire Department access and vegetation road clearance standards, and many are made even more narrow due to the encroachment of vegetation. A number of the bridges have weight requirements that are below Fire Department weight standards. In addition, many driveways are long and steep, posing a safety hazard. All of these factors make it more difficult and more hazardous for the Fire Department to provide fire suppression services in these areas.
Water Supply. In the Extreme Foothill Zone, the City water supply is limited in some areas, and not available in others. These factors increase the risks associated with fires, due to the reduced availability of water to fight any fires that occur. Fire Response Time. Much of the Extreme Foothill Zone, and some of the Foothill Zone, is outside the City’s 4 minute Fire Department response time. As a result, fires in these areas may have more time to spread and to increase in severity before fire suppression equipment can reach them.
Proximity to the Los Padres National Forest. The Los Padres National Forest (LPNF) is a large forest to the north of the Foothill and Extreme Foothill zones. The LPNF provides a great deal of potential fuel for any wildland fire in the area. Wildland fires that start in the LPNF have the potential to move south toward the Foothill and Extreme Foothill zones.
This Engineer’s Report (the "Report") was prepared to: 1) contain the information required by Government Code Section 50078.4, including a) a description of each lot or parcel of property to be subject to the assessment, b) the amount of the assessment for each lot or parcel for the initial fiscal year, c) the maximum amount of the assessment which may be levied for each lot or parcel during any fiscal year, d) the duration of the assessment, e) the basis of the assessment, f) the schedule of the assessment, and g) a description specifying the requirements for protest and hearing procedures for the assessment pursuant to Section 50078.6; 2) establish a budget to provide services to reduce the severity and damage from wildland fires (the "Services") that will be funded by the 2022‐23 assessments; 3) determine the benefits received from the Services by property within the City of Santa Barbara Wildland Fire Suppression Assessment District (the "Assessment District") and; 4) assign a method of assessment apportionment to lots and parcels within the Assessment District. This Report and the assessments have been made pursuant to the California Government Code Section 50078 et. seq. (the "Code") and Article XIIID of the California Constitution (the “Article”).
In Fiscal Year 2006‐07, the City of Santa Barbara City Council (the “Council”) by Resolution called for an assessment ballot proceeding and public hearing on the then‐proposed establishment of a wildland fire suppression assessment.
City of Santa Barbara
Wildland Fire Suppression Assessment
Preliminary Engineer’s Report, FY 2022‐23
On May 5, 2006 a notice of assessment and assessment ballot was mailed to property owners within the proposed Assessment District boundaries. Such notice included a description of the Services to be funded by the proposed assessments, a proposed assessment amount for each parcel owned, and an explanation of the method of voting on the assessments. Each notice also included a postage prepaid ballot on which the property owner could mark his or her approval or disapproval of the proposed assessments as well as affix his or her signature.
After the ballots were mailed to property owners in the Assessment District, the required minimum 45 day time period was provided for the return of the assessment ballots. Following this 45 day time period, a public hearing was held on June 20, 2006 for the purpose of allowing public testimony regarding the proposed assessments. At the public hearing, the public had the opportunity to speak on the issue. After the conclusion of the public input portion of the hearing, the hearing was continued to July 11, 2006 to allow time for the tabulation of ballots.
With the passage of Proposition 218 on November 6, 1996, The Right to Vote on Taxes Act, now Article XIIIC and XIIID of the California Constitution, the proposed assessments could be levied for fiscal year 2006‐07, and continued in future years, only if the ballots submitted in favor of the assessments were greater than the ballots submitted in opposition to the assessments. (Each ballot is weighted by the amount of proposed assessment for the property that it represents).
After the conclusion of the public input portion of the Public Hearing held on June 20, 2006, all valid received ballots were tabulated by the City of Santa Barbara Clerk. At the continued public hearing on July 11, 2006, after the ballots were tabulated, it was determined that the assessment ballots submitted in opposition to the proposed assessments did not exceed the assessment ballots submitted in favor of the assessments (weighted by the proportional financial obligation of the property for which ballots are submitted).
As a result, the Council gained the authority to approve the levy of the assessments for fiscal year 2006‐07 and to continue to levy them in future years. The Council took action, by a Resolution passed on July 31, 2006, to approve the first year levy of the assessments for fiscal year 2006‐07.
The authority granted by the ballot proceeding was for a maximum assessment rate of $65.00 per single family home, increased each subsequent year by the Los Angeles Area Consumer Price Index (CPI) not to exceed 4% per year. In the event that the annual change in the CPI exceeds 4%, any percentage change in excess of 4% can be cumulatively reserved and can be added to the annual change in the CPI for years in which the CPI change is less than 4%.
City of Santa Barbara
Wildland Fire Suppression Assessment
Preliminary Engineer’s Report, FY 2022‐23
In each subsequent year for which the assessments will be continued, the Council must preliminarily approve at a public meeting a budget for the upcoming fiscal year’s costs and services, an updated annual Engineer’s Report, and an updated assessment roll listing all parcels and their proposed assessments for the upcoming fiscal year. A new Engineer’s Report is prepared each year in order to establish the CPI adjustment for that year; the new maximum authorized assessment rate for that year; the budget for that year; and the amount to be charged to each parcel in the District that year, subject to that year’s assessment rate and any changes in the attributes of the properties in the District, including but not limited to use changes, parcel subdivisions, and/or parcel consolidations. At this meeting, the Council will also call for the publication in a local newspaper of a legal notice of the intent to continue the assessments for the next fiscal year and set the date for the noticed public hearing. At the annual public hearing, members of the public can provide input to the Council prior to the Council’s decision on continuing the services and assessments for the next fiscal year.
If the assessments are so confirmed and approved, the levies will be submitted to the Santa Barbara County Auditor/Controller for inclusion on the property tax roll for Fiscal Year 2022‐23.
The levy and collection of the assessments will continue year‐to‐year until terminated by the City Council.
If the City Council approves this Engineer's Report for fiscal year 2022‐23 and the assessments by Resolution, a notice of assessment levies must be published in a local paper at least 10 days prior to the date of the public hearing. Following the minimum 10‐day time period after publishing the notice, a public hearing will be held for the purpose of allowing public testimony about the proposed continuation of the assessments for fiscal year 2022‐23.
A Public Hearing is scheduled for June 7, 2022. At this hearing, the Council will consider approval of a resolution confirming the assessments for fiscal year 2022‐23. If so confirmed and approved, the assessments will be submitted to the Santa Barbara County Auditor/Controller for inclusion on the property tax rolls for Fiscal Year 2022‐23.
The Assessment District is narrowly drawn to include only properties that benefit from the additional fire protection services that are provided by the assessment funds. The Assessment Diagram included in this report shows the boundaries of the Assessment District.
In 2008 per California Public Resource Code 4201‐4204 and Government Code 51175 ‐89, the Office of the State Fire Marshal (OSFM) completed an analysis to identify Local Responsibility Area areas of Very High Fire Hazard Severity Zones (VHFHSZ) within the City of Santa Barbara.
Discussions between OSFM and the City of Santa Barbara Fire Department were concluded in 2010. As a result, additional parcels have been added to the 2004 City of Santa Barbara high fire hazard area, Foothill Zone. These additional parcels are not included in the Wildland Fire Suppression Assessment District at this time, and Services provided to these parcels are not funded from this assessment.
City of Santa Barbara
Wildland Fire Suppression Assessment
Preliminary Engineer’s Report, FY 2022‐23
Proposition 218
This assessment was formed consistent with Proposition 218, The Right to Vote on Taxes Act, which was approved by the voters of California on November 6, 1996, and is now Article XIIIC and XIIID of the California Constitution. Proposition 218 provides for benefit assessments to be levied to fund the cost of providing services, improvements, as well as maintenance and operation expenses to a public improvement which benefits the assessed property.
Proposition 218 describes a number of important requirements, including a property‐owner balloting, for the formation and continuation of assessments, and these requirements were satisfied by the process used to establish this assessment.
Silicon Valley Taxpayers Association, Inc. v Santa Clara County Open Space Authority
In July of 2008, the California Supreme Court issued its ruling on the Silicon Valley Taxpayers Association, Inc. v. Santa Clara County Open Space Authority (“SVTA vs. SCCOSA”) case. This ruling is the most significant legal decision clarifying Proposition 218. Several of the most important elements of the ruling included further emphasis that:
Benefit assessments are for special, not general benefit The services and/or improvements funded by assessments must be clearly defined Special benefits are directly received by and provide a direct advantage to property in the Assessment District
This Engineer’s Report is consistent with the SVTA vs. SCCOSA decision and with the requirements of Article XIIIC and XIIID of the California Constitution because the Services to be funded are clearly defined; the Services are available to all benefiting property in the Assessment District, the benefiting property in the Assessment District will directly and tangibly benefit from improved protection from fire damage, increased safety of property and other special benefits and such special benefits provide a direct advantage to property in the Assessment District that is not enjoyed by the public at large or other property. There have been a number of clarifications made to the analysis, findings and supporting text in this Report to ensure that this consistency is well communicated.
City of Santa Barbara
Wildland Fire Suppression Assessment
Preliminary Engineer’s Report, FY 2022‐23
Dahms v. Downtown Pomona Property
On June 8, 2009, the Court of Appeal for the Second District of California amended its original opinion upholding a benefit assessment district for property in the downtown area of the City of Pomona. On July 22, 2009, the California Supreme Court denied review and the court's decision in Dahms became binding precedent for assessments. In Dahms, the court upheld an assessment that conferred a 100% special benefit to the assessed parcels on the rationale that the services and improvements funded by the assessments were provided directly and only to property in the assessment district over and above those services or improvements provided by the city generally.
Bonander v. Town of Tiburon
On December 31, 2009, the 1st District Court of Appeal overturned a benefit assessment approved by property owners to pay for placing overhead utility lines underground in an area of the Town of Tiburon. The Court invalidated the assessments on the ground that the assessments had been apportioned to assessed property based, in part, on relative costs within sub‐areas of the assessment district instead of proportional special benefits.
Beutz v. County of Riverside
On May 26, 2010 the 4th District Court of Appeals issued a decision on the Steven Beutz v. County of Riverside (“Beutz”) appeal. This decision overturned an assessment for park maintenance in Wildomar, California, primarily because the general benefits associated with improvements and services were not explicitly calculated, quantified and separated from the special benefits.
Golden Hill Neighborhood Association v. City of San Diego On September 22, 2011, the San Diego Court of Appeal issued a decision on the Golden Hill Neighborhood Association v. City of San Diego appeal. This decision overturned an assessment for street and landscaping maintenance in the Greater Golden Hill neighborhood of San Diego, California. The court described two primary reasons for its decision. First, like in Beutz, the court found the general benefits associated with services were not explicitly calculated, quantified and separated from the special benefits. Second, the court found that the City had failed to record the basis for the assessment on its own parcels.
City of Santa Barbara
Wildland Fire Suppression Assessment
Preliminary Engineer’s Report, FY 2022‐23
Compliance with Current Law
This Engineer’s Report is consistent with the requirements of Article XIIIC and XIIID of the California Constitution and with the SVTA decision because the Services to be funded are clearly defined; the Services are available to and will be directly provided to all benefiting property in the Assessment District; and the Services provide a direct advantage to property in the Assessment District that would not be received in absence of the Assessments.
This Engineer’s Report is consistent with Dahms because, similar to the Downtown Pomona assessment validated in Dahms, the Services will be directly provided to property in the Assessment District. Moreover, while Dahms could be used as the basis for a finding of 0% general benefits, this Engineer’s Report establishes a more conservative measure of general benefits.
The Engineer’s Report is consistent with Bonander because the Assessments have been apportioned based on the overall cost of the Services and proportional special benefit to each property. Finally, the Assessments are consistent with Buetz because the general benefits have been explicitly calculated and quantified and excluded from the Assessments.
City of Santa Barbara
Wildland Fire Suppression Assessment
Preliminary Engineer’s Report, FY 2022‐23
1 BDescription of Services
The City of Santa Barbara Fire Department provides a range of fire protection, prevention, and educational services to the City and its residents.
The following is a description of the wildland fire suppression Services that are provided for the benefit of property within the Assessment District. Prior to the passage of the assessment in 2006, the baseline level of service was below the standard described in the City’s 2004 Wildland Fire Plan. Due to inadequate funding, the level of service continued to diminish and would have diminished further had this assessment not been instituted. With the passage of this assessment, the services were enhanced significantly. The formula below describes the relationship between the final level of improvements, the baseline level of service (pre 2006) had the assessment not been instituted, and the enhanced level of improvements funded by the assessment.
Baseline level of service is pre‐2006.
The services (the “Services”) undertaken by the City of Santa Barbara Fire Department and the cost thereof paid from the levy of the annual assessment provide special benefit to Assessor Parcels within the Assessment District as defined in the Method of Assessment herein. In addition to the definitions provided by the California Government Code Section 50078 et. seq., (the “Code”) the Services are generally described as follows:
Expansion of the vegetation road clearance program to cover all public roads within the Foothill and Extreme Foothill Zones. This program reduces fuel, enhance evacuation routes, and decrease fire response times
Implementation of a defensible space and fire prevention inspection and chipping assistance program for all properties in the Foothill and Extreme Foothill Zones Implementation of a vegetation management program in the Foothill and Extreme Foothill Zones
As applied herein, “vegetation road clearance” means the treatment, clearing, reducing, or changing of vegetation near roadways in the Foothill and Extreme Foothill Zones where vegetation poses a fire hazard and does not meet Fire Department Vegetation Road Clearance Standards within the high fire hazard area (As provided in Santa Barbara Municipal Code Section
8.04).
City of Santa Barbara
Wildland Fire Suppression Assessment
Preliminary Engineer’s Report, FY 2022‐23
“Defensible space” is a perimeter created around a structure where vegetation is treated, cleared or reduced to slow the spread of wildfire towards a structure, reduce the chance of a structure fire burning to the surrounding area, and provides a safe perimeter for firefighters to protect a structure (As provided in Chapter 49 of the California Fire Code, as adopted by the City of Santa Barbara pursuant to Santa Barbara Municipal Code Section 8.04). “Vegetation management” means the reduction of fire hazard through public education, vegetation hazard reduction, and other methods as needed to manage vegetation in areas with unique hazards such as heavy, flammable vegetation, lack of access due to topography and roads, and/or firefighter safety.
City of Santa Barbara
Wildland Fire Suppression Assessment
Preliminary Engineer’s Report, FY 2022‐23
2 BCost and Budget
Figure 2 ‐ Cost and Budget FY 2022‐23
Total
Budget
Services Costs
Evacuation Planning - Evacuation Roadway Clearing1
Staffing $64,000
Materials $5,500
Project Costs $57,000
Defensible Space2
Staffing $48,000
Materials $7,500
Chipping Program $68,000
Vegetation Management3
Staffing $62,000
Project Costs $10,973
Totals for Installation, Maintenance and Servicing $322,973 Less: District Contribution for General Benefits ($25,000) Net Cost of Installation, Maintenance and Servicing to Assessment District $297,973 Incidental Costs:
District Administration and Project Management $6,150
Allowance for County Collection $3,494
Subtotals - Incidentals $9,644
Total Wildland Fire Suppression District Budget $307,617 (Net Amount to be Assessed)
Assessment District Budget Allocation to Parcels
Total Assessment Budget $307,617
Single Family Equivalent Benefit Units in District 3,337 Assessment per Single Family Equivalent Unit (SFE) $92.18
CITY OF SANTA BARBARA
Wildland Fire Suppression Assessment
Estimate of Costs
Notes:
1. Evacuation Planning ‐ Evacuation Roadway Clearing: Staffing costs include City Fire Department staff. Materials Costs includes traffic signage, notification letters, and door hangers to inform homeowners of start dates. Project costs include the utilization of contractors, equipment and manpower required to complete Roadway Clearance.
2. Defensible Space: Staffing costs include City Fire Department staff and inputting Defensible Space Evaluation reports into Accela. Materials Costs for Annual Chipping includes traffic signage, notification letters, door hangers and sandwich boards to inform homeowners of start dates. Chipping program includes direct costs to coordinate, communicate and provide equipment and manpower in support of chipping program. This includes the cost of contracting a chipper and truck to dispose of chipped material.
3. Vegetation Management: Staffing costs include City Fire Department staff including the coordination, communication and cooperation of homeowners involved in projects. Project costs include contractor, roll‐off dumpster, porta‐potty, on‐site signage and notification to homeowners on starting dates.
City of Santa Barbara
Wildland Fire Suppression Assessment
Preliminary Engineer’s Report, FY 2022‐23
2 BMethod of Apportionment
Method of Apportionment
This section includes an explanation of the special benefits derived from the Services, the criteria for the expenditure of assessment funds and the methodology used to apportion the total assessments to properties within the Assessment District.
The Assessment District area consists of all Assessor Parcels within the Foothill and Extreme Foothill zones of the High Fire Hazard Area as defined by the 2004 Wildland Fire Plan. The method used for apportioning the assessment is based upon the proportional special benefits from the Services derived by the properties in the assessment area over and above general benefits conferred on real property or to the public at large. Special benefit is calculated for each parcel in the Assessment District using the following process:
1. Identification of all benefit factors derived from the Improvements
2. Calculation of the proportion of these benefits that are general
3. Determination of the relative special benefit within different areas within the Assessment District
4. Determination of the relative special benefit per property type
5. Calculation of the specific assessment for each individual parcel based upon special vs. general benefit; location, property type, property characteristics, improvements on property and other supporting attributes
Discussion of Benefit
California Government Code Section 50078 et. seq. allows agencies which provide fire suppression services, such as the City of Santa Barbara Fire Department, to levy assessments for fire suppression services. Section 50078 states the following:
“Any local agency which provides fire suppression services directly or by contract with the state or a local agency may, by ordinance or by resolution adopted after notice and hearing, determine and levy an assessment for fire suppression services pursuant to this article.”
In addition, California Government Code Section 50078.1 defines the term “fire suppression” as follows:
“(c) "Fire suppression" includes firefighting and fire prevention, including, but not limited to, vegetation removal or management undertaken, in whole or in part, for the reduction of a fire hazard.”
City of Santa Barbara
Wildland Fire Suppression Assessment
Preliminary Engineer’s Report, FY 2022‐23
Therefore, the Services provided by the Assessment District fall within the scope of services that may be funded by assessments under the Code.
The assessments can only be levied based on the special benefit to property. This benefit is received by property over and above any general benefits. Moreover, such benefit is not based on any one property owner’s specific use of the Services or a property owner’s specific demographic status. With reference to the requirements for assessments, Section 50078.5 of the California Government Code states:
"(b) The benefit assessment shall be levied on a parcel, class of improvement to property, or use of property basis, or a combination thereof, within the boundaries of the local agency, zone, or area of benefit.”
“The assessment may be levied against any parcel, improvement, or use of property to which such services may be made available whether or not the service is actually used." Proposition 218, as codified in Article XIIID of the California Constitution, has confirmed that assessments must be based on the special benefit to property:
"No assessment shall be imposed on any parcel which exceeds the reasonable cost of the proportional special benefit conferred on that parcel." Since assessments are levied on the basis of special benefit, they are not a tax and are not governed by Article XIIIA of the California Constitution.
The following section describes how and why the Services specially benefit properties. This benefit is particular and distinct from its effect on property in general or the public at large.
Benefit Factors
In order to allocate the assessments, the Engineer identified the types of special benefit arising from the Services that are provided to property in the Assessment District. These benefit factors confer a direct advantage to the assessed properties; otherwise they would be general benefit.
The following benefit categories have been established that represent the types of special benefit conferred to residential, commercial, industrial, institutional and other lots and parcels resulting from the services to reduce the severity and damage from wildland fires that are provided in the Assessment District. These categories of special benefit are derived from the statutes passed by the California Legislature and other studies, which describe the types of special benefit received by property from the Services of the Assessment District. These types of special benefit are summarized as follows:
City of Santa Barbara
Wildland Fire Suppression Assessment
Preliminary Engineer’s Report, FY 2022‐23
Increased safety and protection of real property assets for all property owners within the Assessment District.
As summarized previously, properties in the Assessment District are currently at higher risk for wildland fires. Uncontrolled fires would have a devastating impact on all properties within the Assessment District. The assessments fund an increase in services to mitigate the wildland fire threat, and thereby can significantly reduce the risk of property damage associated with fires.
Clearly, fire mitigation helps to protect and specifically benefits both improved properties and vacant properties in the Assessment District.
"Fire is the largest single cause of property loss in the United States. In the last decade, fires have caused direct losses of more than $120 billion and countless billions more in related cost."D
1 “Over 140,000 wildfires occurred on average each year, burning a total of almost 14.5 million acres. And since 1990, over 900 homes have been destroyed each year by wildfires.”D
2 “A wildfire sees your home as just another fuel source. The survivable space you construct around your home will keep all but the most ferocious wildfires at bay.”D 3 “A reasonably disaster‐resistant America will not be achieved until there is greater acknowledgment of the importance of the fire service and a willingness at all levels of government to adequately fund the needs and responsibilities of the fire service.”D 4 “The strategies and techniques to address fire risks in structures are known. When implemented, these means have proven effective in the reduction of losses.” D 5 “Statistical data on insurance losses bears out the relationship between excellent fire protection…and low fire losses.” D
6 Protection of views, scenery and other resource values, for property in the Assessment District
The Assessment District provides funding for the mitigation of the wildland fire threat to protect public and private resources in the Assessment District. This benefits even those properties that are not directly damaged by fire by maintaining and improving the aesthetics and attractiveness of public and private resources in the community, as well as ensuring that such resources remain safe and well maintained.
“Intensely burned forests are rarely considered scenic.” D 7 “Smoke affects people…for example; in producing haze that degrades the visual quality of a sunny day…The other visual quality effect is that of the fire on the landscape. To many people, burned landscapes are not attractive and detract from the aesthetic values of an area.”D
8 “A visually preferred landscape can be the natural outcome of fuels treatments.”D 9 City of Santa Barbara
Wildland Fire Suppression Assessment
Preliminary Engineer’s Report, FY 2022‐23
Enhanced utility and desirability of the properties in the Assessment District.
The assessments fund Services to reduce the severity and damage from wildland fires in the Assessment District. Such Services enhance the overall utility and desirability of the properties in the Assessment District.
“Residential satisfaction surveys have found that having nature near one’s home is extremely important in where people choose to live…This is especially true at the wildland‐ urban interface where some of the most serious fuels management must occur.” D 10 “People are coming to the [Bitterroot] valley in part because of its natural beauty which contributes to the quality of life that so many newcomers are seeking.”D 11 Benefit Finding
In summary, real property located within the boundaries of the Assessment District distinctly and directly benefits from increased safety and protection of real property, increased protection of scenery and views, and enhanced utility of properties in the Assessment District. These are special benefits to property in much the same way that sewer and water facilities, sidewalks and paved streets enhance the utility and desirability of property and make them more functional to use, safer and easier to access.
General Versus Special Benefit
Article XIIIC of the California Constitution requires any local agency proposing to increase or impose a benefit assessment to “separate the general benefits from the special benefits conferred on a parcel.” The rationale for separating special and general benefits is to ensure that property owners subject to the benefit assessment are not paying for general benefits. The assessment can fund special benefits but cannot fund general benefits. Accordingly, a separate estimate of the special and general benefit is given in this section.
In other words:
There is no widely‐accepted or statutory formula for general benefit. General benefits are benefits from improvements or services that are not special in nature, are not “particular and distinct” and are not “over and above” benefits received by other properties. SVTA vs.
SCCOSA provides some clarification by indicating that general benefits provide “an indirect, derivative advantage” and are not necessarily proximate to the improvements.
Total
Benefit =
General
Benefit + Special Benefit
City of Santa Barbara
Wildland Fire Suppression Assessment
Preliminary Engineer’s Report, FY 2022‐23
The starting point for evaluating general and special benefits is the pre 2006 baseline level of service, had the assessment not been approved by the community. The assessment will fund Services “over and above” this general, baseline level and the special benefits estimated in this section are over and above the baseline.
A formula to estimate the general benefit is listed below:
Special benefit, on the other hand, is defined in the state constitution as “a particular and distinct benefit over and above general benefits conferred on real property located in the district or to the public at large.” The SVTA v. SCCOSA decision indicates that a special benefit is conferred to a property if it “receives a direct advantage from the improvement (e.g., proximity to a park).” In this assessment, as noted, the improved Services are available when needed to all properties in the Assessment District, so the overwhelming proportion of the benefits conferred to property is special, and are only minimally received by property outside the Assessment District or the public at large.
Proposition 218 twice uses the phrase “over and above” general benefits in describing special benefit. (Art. XIIID, sections 2(i) & 4(f).) Arguably, all of the Services being funded by the assessment would be a special benefit because the Services particularly and distinctly benefit the properties in the Assessment District over and above the baseline benefits.
Nevertheless, arguably some of the Services benefit the public at large and properties outside the Assessment District. In this report, the general benefit is conservatively estimated and described, and then budgeted so that it is funded by sources other than the assessment. (In the 2009 Dahms case, the court upheld an assessment that conferred a 100% special benefit to the assessed parcels on the rationale that the services and improvements funded by the assessments were provided directly and only to property in the assessment district over and above those services or improvements provided by the city generally. Similarly, the Assessments described in this Engineer’s Report fund wildland fire services directly and only to the assessed parcels located within the assessment area. Moreover, every property within the Assessment District will receive the Services. While the Dahms decision would permit an assessment based on 100% special benefit and zero or minimal general benefits, in this report, the general benefit is estimated and described and budgeted so that it is funded by sources other than the Assessment.) City of Santa Barbara
Wildland Fire Suppression Assessment
Preliminary Engineer’s Report, FY 2022‐23
Calculating General Benefit
This section provides a measure of the general benefits from the assessments Benefit to Property Outside the Assessment District
Properties within the Assessment District receive almost all of the special benefits from the Services because the Services will be provided solely in the Assessment District boundaries.
Properties proximate to, but outside of, the boundaries of the Assessment District receive some benefit from the Services due to some degree of indirectly reduced fire risk to their property.
These parcels that are proximate to the boundaries of the Assessment District are estimated to receive less than 50% of the benefits relative to parcels within the Assessment District because they do not directly receive the improved fire protection resulting from the Services funded by the Assessments.
At the time the Assessment District was formed, there were approximately 550 of these “proximate” properties.
Although it can reasonably be argued that properties protected inside, but near the Assessment District boundaries are offset by similar fire protection provided outside, but near the Assessment District’s boundaries, we use the more conservative approach of finding that 6.7% of the Services may be of general benefit to property outside the Assessment District.
Benefit to Property Inside the District that is Indirect and Derivative The “indirect and derivative” benefit to property within the Assessment District is particularly difficult to calculate. A solid argument can be presented that all benefit within the Assessment District is special, because the Services are clearly “over and above” and “particular and distinct” when compared with the pre‐2006 baseline level of Services, had the assessment district not passed.
Assumptions:
550 parcels outside the district but proximate to the District Boundaries 3,550 parcels in the Assessment District.
50% relative benefit compared to property within the Assessment District.
Calculation:
General Benefit to property outside the Assessment District = (550/(550+3,550))*0.5=6.7%
City of Santa Barbara
Wildland Fire Suppression Assessment
Preliminary Engineer’s Report, FY 2022‐23
In determining the Assessment District boundaries, the District has been careful to limit it to an area of parcels that will directly receive the benefit of the improved Services. All parcels will directly benefit from the use of the improved Services throughout the Assessment District in order to achieve the desired level of wildland fire suppression and protection throughout the Assessment District. Fire protection and suppression will be provided as needed throughout the area.
The SVTA vs. SCCOSA decision indicates that the fact that a benefit is conferred throughout the Assessment District area does not make the benefit general rather than special, so long as the Assessment District is narrowly drawn and limited to the parcels directly receiving shared special benefits from the service. This concept is particularly applicable in situations involving a landowner‐approved assessment‐funded extension of a local government service to benefit lands previously not receiving that particular service. The Fire Department therefore concludes that, other than the small general benefit to properties outside the Assessment District (discussed above) and to the public at large (discussed below), all of the benefits of the Services to the parcels within the Assessment District are special benefits and it is not possible or appropriate to separate any general benefits from the benefits conferred on parcels in the Assessment District.
Benefit To The Public At Large
With the type and scope of Services provided to the Assessment District, it is very difficult to calculate and quantify the scope of the general benefit conferred on the public at large. Because the Services directly serve and benefit all of the property in the Assessment District, any general benefit conferred on the public at large would be small. Nevertheless, there may be some indirect general benefit to the public at large.
The public at large uses the public highways and other regional facilities when traveling in and through the Assessment District and they may benefit from the services without contributing to the assessment. Although the protection of this critical infrastructure is certainly a benefit to all the property within the Assessment District, it is arguably “indirect and derivative” and possibly benefits people rather than property. A fair and appropriate measure of the general benefit to the public at large therefore is the amount of highway, and regional facilities within the Assessment District relative to the overall land area. An analysis of maps of the Assessment District shows that less than 1.0% of the land area in the Assessment District is covered by highways and regional facilities. This 1.0% therefore is a fair and appropriate measure of the general benefit to the public at large within the Assessment District Summary of General Benefits
Using a sum of the measures of general benefit for the public at large and land outside the Assessment District, we find that approximately 7.7% of the benefits conferred by the Assessment District may be general in nature and should be funded by sources other than the assessment.
City of Santa Barbara
Wildland Fire Suppression Assessment
Preliminary Engineer’s Report, FY 2022‐23
The Assessment District’s total budget for 2022‐23 is $322,973. The Assessment District must obtain funding from sources other than the assessment in the amount of at least $24,868.92 ($322,973*7.7%) to pay for the cost of the general benefits. This is because the assessments levied by the Fire Department may not exceed the special benefits provided by the Services, and the Assessment Engineer concluded that a combined total of 7.7% of the cost of Services provide a general benefit to properties outside the Assessment District and a benefit to the public at large.
For Fiscal Year 2022‐23, the City will contribute at least $24,868, or 7.7% of the total Assessment District budget, to the Assessment District from sources other than this assessment to cover the cost of the general benefits.
Zones of Benefit
Initially, the Fire Department evaluated the geographic area within and around the City limits (including the City of Santa Barbara, Santa Barbara County, Montecito and National Forest lands) based upon three fire hazard risk variables: vegetation (fuel), topography and weather. This analysis was used to narrowly determine the boundaries of the “high fire hazard area.” Further, zones were narrowly drawn within the high fire hazard area and graded “extreme,” “high,” “moderate” or “low”. Next, the Fire Department evaluated the roof type, proximity of structures, road systems, water supply, fire response times and historic fire starts within the high fire hazard area and developed 4 specific zones:
Extreme Foothill Zone
Foothill Zone
Coastal Zone
Coastal Interior Zone
These zones were used to apply appropriate policies and actions based upon hazard and risk. The results of this analysis were tabulated and presented in Tables 2 through 4 in the 2004 Wildland Fire Plan.
General Benefit Calculation
6.7% (Outside the Assessment District)
+ 0.0% (Inside the district – indirect and derivative) + 1.0% (Public at Large)
= 7.7% (Total General Benefit)
City of Santa Barbara
Wildland Fire Suppression Assessment
Preliminary Engineer’s Report, FY 2022‐23
Accordingly, “Zones of Benefit” corresponding to the fire risk zones are used to equitably assign special benefit, and are used for the basis of the “Fire Risk Factors” discussed below. Each zone was narrowly drawn, and has been given a score, based upon the evaluated risk criteria, as shown in Figure 3. (The assessment provides Services in the Extreme Foothill Zone and the Foothill Zone only.)
Figure 3 ‐ Relative Hazard/Risk Scoring for High Fire Hazard Area Zones Hazard/Risk
Attribute
Extreme
Foothill
Zone
Foothill
Zone
Coastal
Zone
Coastal
Interior
Zone
Combined Hazard
Assessment ‐
vegetation (fuel),
topography,
weather*
40 30 20 10
Roof Type** 1 2 2 3
Proximity 1 3 1 3
Road 3 3 1 1
Water 3 1 1 1
Response 3 2 2 2
Ignitions 1 1 1 1
Total Score 52 42 28 21
* The Hazard Assessment element of this analysis is the most significant. Scores have been “weighted” by a factor of 10.
** In the Extreme Foothill Zone fire retardant roofing materials are more prevalent, resulting in lower risk in this area.
Figure 4 shows the numeric scoring system used to develop the relative total scores.
Figure 4 ‐ Scoring System
Qualititative
Score
Numeric
Score
Very High 4
High 3
Moderate 2
Low 1
The total relative scores for each zone are tabulated and normalized, based up the Foothill Zone, and shown in Figure 5.
City of Santa Barbara
Wildland Fire Suppression Assessment
Preliminary Engineer’s Report, FY 2022‐23
Figure 5 ‐ Wildland Fire Risk Factors
Zone Raw Score Wildland Fire Risk Factor
Extreme Foothill Zone 52 1.24
Foothill Zone 42 1.00
Coastal Zone** 28 .67
Coastal Interior Zone** 21 .50
**Coastal Zone and Coastal Interior Zone are included in this analysis for clarity; however these zones are not included in the Assessment District.
Assessment Apportionment
In the process of determining the appropriate method of assessment, the Assessment Engineer considered various alternatives. For example, an assessment only for all residential improved property was considered but was determined to be inappropriate because vacant, commercial, industrial and other properties also receive special benefits from the assessments.
Moreover, a fixed or flat assessment for all properties of similar type was deemed to be inappropriate because larger commercial/industrial properties and residential properties with multiple dwelling units receive a higher degree of benefit than other similarly used properties that are significantly smaller. For two properties used for commercial purposes, there clearly is a higher benefit provided to the larger property in comparison to a smaller commercial property because the larger property generally supports a larger building and has higher numbers of employees, customers and guests that benefit from reduced wildland fire risk. This benefit ultimately flows to the property. Larger parcels, therefore, receive an increased benefit from the assessments.
The Assessment Engineer determined that the appropriate method of assessment should be based on the type of property, the relative size of the property and the potential use of property by residents and employees. This method is further described below.
City of Santa Barbara
Wildland Fire Suppression Assessment
Preliminary Engineer’s Report, FY 2022‐23
Method of Assessment
The next step in apportioning assessments is to determine the relative special benefit for each property. This process involves determining the relative benefit received by each property in relation to a "benchmark" property, a single family detached dwelling on one parcel of one acre or less in the Foothill Zone (one “Single Family Equivalent Benefit Unit” or “SFE”). This SFE methodology is commonly used to distribute assessments in proportion to estimated special benefits and is generally recognized as providing the basis for a fair and appropriate distribution of assessments. In this Engineer’s Report, all properties are assigned an SFE value, which is each property’s relative benefit in relation to a single family home on one parcel.
The relative benefit to properties from fire related Services is:
Equation 1 – Relative Benefit to Properties
Benefit ≈ ∑ (Fire Risk Factors) ∗ ∑ (Structure Value Factors) That is, the benefit conferred to property is the “sum” the risk factors multiplied by the “sum” of the structure values factors.
Fire Risk Factors
Typical fire assessments (non‐wildland) are evaluated based upon the fire risk of a certain property type. These evaluations consider factors such as use of structure (e.g. used for cooking), type of structure (centralized heating), etc.
Wildland fires, on the other hand, are initiated largely from external ignitions and are far less affected by structural, mechanical and electrical systems inherent to the building (except roof type). The principle Wildland fire risk factors are:
Vegetation (fuel)
Topography
Weather
Roof type
Proximity of Structure
Road Systems
Water Supply
Response
Ignitions
City of Santa Barbara
Wildland Fire Suppression Assessment
Preliminary Engineer’s Report, FY 2022‐23
These factors were fully evaluated in the 2004 Wildland Fire Plan and are manifested in the relative zone scores as shown in Figures 3, 4 and 5, above. Hence, the Fire Risk Factor for all properties within the Foothill Zone is 1.00 and the Fire Risk Factor for all properties in the Extreme Foothill Zone is 1.24.
Structure Value Factors
The relative value of different property types was evaluated within the high fire hazard area to determine the Structure Value Factor according to the following formula:
Equation 2 ‐ Structure Value Factors
∑ (Structure Value
Factors)
≈
(Structure Weighting
Factor
∗
Average Improved
Value)
∗
(Land Weighting
Factor
∗
Average Total
Value)
∗ (Unit Density
Factor)
Where:
“Structure Weight Factor” = 10 to “weight” relative importance of structure over land. “Average Improved Value” is average of value of all improvements (e.g. structures), per property type, as provide by County Assessor records.
Land Weighting Factor = 1
“Average Total Value” is average of value of all land + improvements (e.g. structures), per property type, as provide by County Assessor records. County assessor land values were not used directly because experience has shown total values to be more comprehensive. “Unit Density Factor” corresponds values with units (i.e. “per residential unit” or “per acre”) based upon effective density of structure on parcel.
Figure 6 below is a tabulation of the Structure values for each property type as defined by Equation 2, above.
Figure 6 – Structure Value Factors
City of Santa Barbara
Wildland Fire Suppression Assessment
Preliminary Engineer’s Report, FY 2022‐23
Property Type Structure Value Factor Unit
Single Family 1.0000 per each*
Multi‐Family 0.3683
per res.
unit
Commercial/Industrial 0.8187 per acre
Office 0.7058 per acre
Institutional 0.3841 per each
Storage 0.0952 per acre
Agricultural 0.0809 per acre
RangeLand 0.0181 per acre
Vacant 0.0324 per each
*for homes on an acre or less. For homes on more than one acre, the Structure Value Factor is increased by 0.0809 per acre
Residential Properties
All improved residential properties with a single residential dwelling unit on one acre or less are assigned one Single Family Equivalent or 1.0 SFE in the Foothill Zone. In the Extreme Foothill Zone, all improved residential properties on one acre or less are assessed 1.24 SFEs (See Table 5).
Residential properties on parcels that are larger than 1 acre receive additional benefit and are assigned additional SFEs on a “per acre” basis. Detached or attached houses, zero‐lot line houses and town homes are included in this category.
Properties with more than one residential unit are designated as multi‐family residential properties. These properties benefit from the Services in proportion to the number of dwelling units that occupy each property. The relative benefit for multi‐family properties was determined as per Equation 1 to be 0.3683 SFEs per residential unit in the Foothill Zone and 0.4567 per residential unit in the Extreme Foothill Zone. This rate applies to condominiums as well.
Commercial/Industrial & Office Properties
Commercial and industrial properties are assigned benefit units per acre, since there is a relationship between parcel size, structure size and relative benefits. The relative benefit for commercial and industrial properties was determined as per Equation 1 to be 0.8187 SFEs per acre in the Foothill Zone and 1.0151 per acre in the Extreme Foothill Zone. The relative benefit for office properties was determined as per Equation 1 to be 0.7058 SFEs per acre in the Foothill Zone and 0.8751 per acre in the Extreme Foothill Zone.
City of Santa Barbara
Wildland Fire Suppression Assessment
Preliminary Engineer’s Report, FY 2022‐23
Vacant/Undeveloped, Open Space and Agricultural Properties The relative benefit for vacant properties was determined as per Equation 1 to be 0.0324 SFEs per parcel in the Foothill Zone and 0.04012 per parcel in the Extreme Foothill Zone. Open space and agricultural land have minimal improvements and few, if any; structures that require defensible space, and are assigned benefit “per acre.” The relative benefit for open space properties was determined as per Equation 1 to be 0.0181 SFEs per acre in the Foothill Zone and 0.0224 per acre in the Extreme Foothill Zone. The relative benefit for agricultural properties was determined as per Equation 1 to be 0.0809 SFEs per acre in the Foothill Zone and 0.1002 per acre in the Extreme Foothill Zone.
Other Properties
Institutional properties, such as publicly owned properties (and are used as such), for example, churches, are assessed at 0.3841 per parcel in the Foothill zone and 0.4762 per Parcel in the Extreme Foothill zone. The relative benefit for storage properties was determined as per Equation 1 to be 0.0952 SFEs per acre in the Foothill Zone and 0.1180 per acre in the Extreme Foothill Zone.
Article XIIID, Section 4 of the California Constitution states that publicly owned properties shall not be exempt from assessment unless there is clear and convincing evidence that those properties receive no special benefit.
All public properties that are specially benefited are assessed. Publicly owned property that is used for purposes similar to private residential, commercial, industrial or institutional uses is benefited and assessed at the same rate as such privately owned property.
Summary of Benefits for Each Property Type
Figure 7 summarizes the relative benefit for each property type.
Figure 7 ‐ Relative Benefit Factors for Foothill and Extreme Foothill Zones Foothill Zone
Extreme Foothill
Zone
Property Type
Benefit Factors
(SFEs) Unit
Benefit Factors
(SFEs) Unit
Single Family 1.0000 per each 1.2400 per each
Multi-Family 0.3683 per unit 0.4567 per unit
Commercial/Industrial 0.8187 per acre 1.0152 per acre
Office 0.7058 per acre 0.8752 per acre
Institutional 0.3841 per each 0.4763 per each
Storage 0.0952 per acre 0.1181 per acre
Agricultural 0.0809 per acre 0.1003 per acre
RangeLand 0.0181 per acre 0.0225 per acre
Vacant 0.0324 per each 0.0402 per each
City of Santa Barbara
Wildland Fire Suppression Assessment
Preliminary Engineer’s Report, FY 2022‐23
Appeals of Assessments Levied to Property
Any property owner who feels that the assessment levied on the subject property is in error as a result of incorrect information being used to apply the foregoing method of assessment may file a written appeal with the Fire Chief of the City of Santa Barbara Fire Department or his or her designee. Any such appeal is limited to correction of an assessment during the then current fiscal year. Upon the filing of any such appeal, the Chief or his or her designee will promptly review the appeal and any information provided by the property owner. If the Chief or his or her designee finds that the assessment should be modified, the appropriate changes shall be made to the assessment roll. If any such changes are approved after the assessment roll has been filed with the County for collection, the Chief or his or her designee is authorized to refund to the property owner the amount of any approved reduction. Any dispute over the decision of the Chief or his or her designee shall be referred to the City Council and the decision of the Council shall be final.
Additional Background on Relative Benefit
In essence, when property owners are deciding how to cast their ballot for a proposed assessment, each property owner must weigh the perceived value of the Services proposed to them and their property with the proposed cost of the assessment to their property. If property owners of a certain type of property are either opposed or in support of the assessment in much greater percentages than owners of other property types, this is an indication that, as a group, these property owners perceive that the proposed assessment has relatively higher or lower “utility” or value to their property relative to owners of other property types. One can also infer from these hypothetical ballot results, that the apportionment of benefit (and assessments) was too high or too low for that property type. In other words, property owners, by their balloting, ultimately indicate if they perceive the special benefits to their property to exceed the cost of the assessment, and, as a group, whether the determined level of benefit and proposed assessment (the benefit apportionment made by the Assessment Engineer) is consistent with the level of benefits perceived by the owners of their type of property relative to the owners of other types of property.
Duration of the Assessment
The duration of the assessment is one year, and may be continued each year by a vote of the City Council. The assessment cannot be increased in future years without approval from property owners in another assessment ballot proceeding, except for an annual adjustment tied to the change in the Los Angeles‐Riverside‐Orange County Area Consumer Price Index, not to exceed 4% per year.
City of Santa Barbara
Wildland Fire Suppression Assessment
Preliminary Engineer’s Report, FY 2022‐23
Criteria and Policies
This sub‐section describes the criteria that shall govern the expenditure of assessment funds and ensures equal levels of benefit for properties of similar type. The criteria established in this Report, as finally confirmed, cannot be substantially modified; however, the Council may adopt additional criteria to further clarify certain criteria or policies established in this Report or to establish additional criteria or policies that do not conflict with this Report.
Assessment Funds Must Be Expended Within the Foothill and Extreme Foothill Zones
The net available assessment funds, after incidental, administrative, financing and other costs, shall be expended exclusively for Services within the boundaries of the Assessment District, namely, the Foothill and Extreme Foothill Zones.
Existing General Funds
Prior to formation of the assessment, these Wildland Fire Services were funded with approximately $200,000 from the City of Santa Barbara general fund. A general fund contribution of at least $200,000 has been provided each year, and will continue to be provided in future years by the City, to the extent feasible.
This $200,000+ contribution, which comes in the form of direct funds and manpower, is used to support Wildland Fire Services throughout the City including the Coast area, as well as broad, city‐ wide public outreach, planning and policy etc., and to pay for any and all general benefits from the assessment‐related services, as required and as described on page 18, above.
City of Santa Barbara
Wildland Fire Suppression Assessment
Preliminary Engineer’s Report, FY 2022‐23
4 BAssessment
WHEREAS, the City Council of the City of Santa Barbara is proceeding with the proposed levy of assessments under California Government Code sections 50078 et seq. (the “Code”) and Article XIIID of the California Constitution (the “Article”);
WHEREAS, the undersigned Engineer of Work has prepared and filed a report presenting an estimate of costs, a diagram for the Assessment District and an assessment of the estimated costs of the Services upon all assessable parcels within the Assessment District; NOW, THEREFORE, the undersigned, by virtue of the power vested in me under said Code and Article and the order of the Council of said City, hereby make the following assessment to cover the portion of the estimated cost of said Services, and the costs and expenses incidental thereto to be paid by the Assessment District.
The amount to be paid for said Services and the expense incidental thereto, to be paid by the Assessment District for the fiscal year 2022‐23 is generally as follows:
Summary Cost Estimate FY 2022‐23
Evacuation Planning – Evacuation Roadway Clearing $126,500 Defensible Space $123,500
Vegetation Management $72,973
Total for Installation, Maintenance and Servicing $322,973 Less: Contribution for General Benefits ($25,000)
Incidental Costs:
Administration and Project Management $6,150
Allowance for County collection $3,494
Subtotal – Incidentals $9,644
Total Wildland Fire Suppression Assessment Budget $307,617 Budget
City of Santa Barbara
Wildland Fire Suppression Assessment
Preliminary Engineer’s Report, FY 2022‐23
An Assessment Diagram is hereto attached and made a part hereof showing the exterior boundaries of said Assessment District. The distinctive number of each parcel or lot of land in said Assessment District is its Assessor Parcel Number appearing on the Assessment Roll.
I do hereby assess and apportion said net amount of the cost and expenses of said Services, including the costs and expenses incident thereto, upon the parcels and lots of land within said Assessment District, in accordance with the special benefits to be received by each parcel or lot, from the Services, and more particularly set forth in the Cost Estimate and Method of Assessment hereto attached and by reference made a part hereof.
The assessment is subject to an annual adjustment tied to the annual change in the Consumer Price Index for the Los Angeles‐Riverside‐Orange County Area as of January of each succeeding year, with the maximum annual adjustment not to exceed 4%.
In the event that the actual assessment rate for any given year is not increased by an amount equal to the maximum of 4% or the yearly CPI change plus any CPI change in previous years that was in excess of 4%, the maximum authorized assessment shall increase by this amount. In such event, the maximum authorized assessment shall be equal to the base year assessment as adjusted by the increase to the CPI, plus any and all CPI adjustments deferred in any and all prior years. The CPI change above 4% can be used in a future year when the CPI adjustment is below 4%. For 2022‐23, the allowable CPI increase is 6.569%.
Hence, the proposed rates for 2022‐23 will increase by 4.00% from the 2021‐22 rates – from $88.64 to $92.18 per single family home in the Foothill Zone and from $109.91 to $114.30 per single family home in the Extreme Foothill Zone. The excess, unused CPI of 2.569% will be banked for potential use in future years. The total revenue derived from the assessment is $307,617 for 2022‐23.
Each parcel or lot of land is described in the Assessment Roll by reference to its parcel number as shown on the Assessor's Maps of the City of Santa Barbara for the fiscal year 2022‐23. For a more particular description of said property, reference is hereby made to the deeds and maps on file and of record in the office of the County Recorder of Santa Barbara County.
I hereby place opposite the Assessor Parcel Number for each parcel or lot within the Assessment Roll, the amount of the assessment for the fiscal year 2022‐23 for each parcel or lot of land within the said Assessment District.
City of Santa Barbara
Wildland Fire Suppression Assessment
Preliminary Engineer’s Report, FY 2022‐23
Dated: May 3, 2022
Engineer of Work
By
John W. Bliss, License No. C052091
City of Santa Barbara
Wildland Fire Suppression Assessment
Preliminary Engineer’s Report, FY 2022‐23
5 BAssessment Diagram
The Assessment District includes all properties within the boundaries of the Wildland Fire Suppression District. The boundaries of the Assessment District are displayed on the following Assessment Diagram. The lines and dimensions of each lot or parcel within the Assessment District are those lines and dimensions as shown on the maps of the Assessor of the County of Santa Barbara, for fiscal year 2022‐23, and are incorporated herein by reference, and made a part of this Diagram and this Report.
City of Santa Barbara
Wildland Fire Suppression Assessment
Preliminary Engineer’s Report, FY 2022‐23
City of Santa Barbara
Wildland Fire Suppression Assessment
Preliminary Engineer’s Report, FY 2022‐23
5 BAppendices
Appendix A – Assessment Roll, FY 2022-23
The Assessment Roll is made part of this report and is available for public inspection during normal office hours. Each lot or parcel listed on the Assessment Roll is shown and illustrated on the latest County Assessor records and these records are, by reference, made part of this report. There records shall govern for all details concerning the description of the lots of parcels.
City of Santa Barbara
Wildland Fire Suppression Assessment
Preliminary Engineer’s Report, FY 2022‐23
Appendix B – California Government Code Section 50078 et. seq. 50078. Any local agency which provides fire suppression services directly or by contract with the state or a local agency may, by ordinance or by resolution adopted after notice and hearing, determine and levy an assessment for fire suppression services pursuant to this article. The assessment may be made for the purpose of obtaining, furnishing, operating, and maintaining fire suppression equipment or apparatus or for the purpose of paying the salaries and benefits of firefighting personnel, or both, whether or not fire suppression services are actually used by or upon a parcel, improvement, or property.
50078.1. As used in this article:
(a) "Legislative body" means the board of directors, trustees, governors, or any other governing body of a local agency specified in subdivision (b).
(b) "Local agency" means any city, county, or city and county, whether general law or chartered, or special district, including a county service area created pursuant to the County Service Area Law, Chapter 2.2 (commencing with Section 25210.1) of Part 2 of Division 2 of Title 3. (c) "Fire suppression" includes firefighting and fire prevention, including, but not limited to, vegetation removal or management undertaken, in whole or in part, for the reduction of a fire hazard.
50078.2. (a) The ordinance or resolution shall establish uniform schedules and rates based upon the type of use of property and the risk classification of the structures or other improvements on, or the use of, the property. The risk classification may include, but need not be limited to, the amount of water required for fire suppression on that property, the structure size, type of construction, structure use, and other factors relating to potential fire and panic hazards and the costs of providing the fire suppression by the district to that property. The assessment shall be related to the benefits to the property assessed.
(b) The benefit assessment levies on land devoted primarily to agricultural, timber, or livestock uses, and being used for the commercial production of agricultural, timber, or livestock products, shall be related to the relative risk to the land and its products. The amount of the assessment shall recognize normal husbandry practices that serve to mitigate risk, onsite or proximate water availability, response time, capability of the fire suppression service, and any other factors which reflect the benefit to the land resulting from the fire suppression service provided. A benefit assessment shall not be levied for wildland or watershed fire suppression on land located in a state responsibility area as defined in Section 4102 of the Public Resources Code. This subdivision is not applicable to any benefit assessment levied prior to January 1, 1984, on land devoted primarily to agricultural, timber, or livestock uses.
City of Santa Barbara
Wildland Fire Suppression Assessment
Preliminary Engineer’s Report, FY 2022‐23
50078.3. Any ordinance or resolution adopted by a local agency pursuant to this article establishing uniform schedules and rates for assessments for fire suppression services which substantially conforms with the model ordinance which the State Fire Marshal is authorized to adopt pursuant to Section 13111 of the Health and Safety Code shall be presumed to be in compliance with the requirements of Section 50078.2.
50078.4. The legislative body of the local agency shall cause to be prepared and filed with the clerk of the local agency a written report which shall contain all of the following:
(a) A description of each lot or parcel of property proposed to be subject to the assessment. (b) The amount of the assessment for each lot or parcel for the initial fiscal year. (c) The maximum amount of the assessment which may be levied for each lot or parcel during any fiscal year.
(d) The duration of the assessment.
(e) The basis of the assessment.
(f) The schedule of the assessment.
(g) A description specifying the requirements for protest and hearing procedures for the proposed assessment pursuant to Section 50078.6.
50078.5. (a) The legislative body may establish zones or areas of benefit within the local agency and may restrict the imposition of assessments to areas lying within one or more of the zones or areas of benefit established within the local agency.
(b) The benefit assessment shall be levied on a parcel, class of improvement to property, or use of property basis, or a combination thereof, within the boundaries of the local agency, zone, or area of benefit. The assessment may be levied against any parcel, improvement, or use of property to which such services may be made available whether or not the service is actually used. 50078.6. The clerk of the local agency shall cause the notice, protest, and hearing procedures to comply with Section 53753. The mailed notice shall also contain the name and telephone number of the person designated by the legislative body to answer inquiries regarding the protest proceedings.
50078.13. The local agency shall pay the county for costs, if any, incurred by the county in conducting the election. An election called by a legislative body pursuant to this article is subject to all provisions of the Elections Code applicable to elections called by the local agency. The local agency may recover the costs of the election and any other costs of preparing and levying the assessment from the proceeds of the assessment.
City of Santa Barbara
Wildland Fire Suppression Assessment
Preliminary Engineer’s Report, FY 2022‐23
50078.16. The legislative body may provide for the collection of the assessment in the same manner, and subject to the same penalties as, other fees, charges, and taxes fixed and collected by, or on behalf of the local agency. If the assessments are collected by the county, the county may deduct its reasonable costs incurred for that service before remittal of the balance to the local agency's treasury.
50078.17. Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure applies to any judicial action or proceeding to validate, attack, review, set aside, void, or annul an ordinance or resolution levying an assessment or modifying or amending an existing ordinance or resolution. If an ordinance or resolution provides for an automatic adjustment in an assessment, and the automatic adjustment results in an increase in the amount of an assessment, any action or proceeding to attack, review, set aside, void, or annul the increase shall be commenced within 90 days of the effective date of the increase. Any appeal from a final judgment in the action or proceeding brought pursuant to this section shall be filed within 30 days after entry of the judgment.
50078.19. This article does not limit or prohibit the levy or collection of any other fee, charge, assessment, or tax for fire suppression services authorized by any other provisions of law. 50078.20. Any fire protection district may specifically allocate a portion of the revenue generated pursuant to this article to pay the interest and that portion of the principal as will become due on an annual basis on indebtedness incurred pursuant to Section 8589.13 of this code and Section 13906 of the Health and Safety Code.
City of Santa Barbara
Wildland Fire Suppression Assessment
Preliminary Engineer’s Report, FY 2022‐23
Appendix C – Article XIIID of the California Constitution Proposition 218 was approved by voters as a Constitutional Amendment on November 6, 1996.
It became Article XIIIC and Article XIIID of the California State Constitution and has imposed additional requirements for assessment districts. Following is a summary of the Article.
SEC.1. Application. Notwithstanding any other provision of law, the provisions of this article shall apply to all assessments, fees and charges, whether imposed pursuant to state statute or local government charter authority. Nothing in this article or Article XIIIC shall be construed to:
(a) Provide any new authority to any agency to impose a tax, assessment, fee, or charge. (b) Affect existing laws relating to the imposition of fees or charges as a condition of property development.
(c) Affect existing laws relating to the imposition of timber yield taxes.
SEC. 2. Definitions. As used in this article:
(a) "Agency" means any local government as defined in subdivision (b) of Section 1 of Article XIIIC. (b) "Assessment" means any levy or charge upon real property by an agency for a special benefit conferred upon the real property. "Assessment" includes, but is not limited to, "special assessment," "benefit assessment," "maintenance assessment" and "special assessment tax." (c) "Capital cost" means the cost of acquisition, installation, construction, reconstruction, or replacement of a permanent public improvement by an agency. (d) "District" means an area determined by an agency to contain all parcels which will receive a special benefit from a proposed public improvement or property‐related service. (e) "Fee" or "charge" means any levy other than an ad valorem tax, a special tax, or an assessment, imposed by an agency upon a parcel or upon a person as an incident of property ownership, including a user fee or charge for a property related service. (f) "Maintenance and operation expenses" means the cost of rent, repair, replacement, rehabilitation, fuel, power, electrical current, care, and supervision necessary to properly operate and maintain a permanent public improvement.
(g) "Property ownership" shall be deemed to include tenancies of real property where tenants are directly liable to pay the assessment, fee, or charge in question.
City of Santa Barbara
Wildland Fire Suppression Assessment
Preliminary Engineer’s Report, FY 2022‐23
(h) "Property‐related service" means a public service having a direct relationship to property ownership.
(i) "Special benefit" means a particular and distinct benefit over and above general benefits conferred on real property located in the district or to the public at large. General enhancement of property value does not constitute "special benefit." SEC. 3. Property Taxes, Assessments, Fees and Charges Limited. (a) No tax, assessment, fee, or charge shall be assessed by any agency upon any parcel of property or upon any person as an incident of property ownership except: (1) The ad valorem property tax imposed pursuant to Article XIII and Article XIIIA. (2) Any special tax receiving a two‐thirds vote pursuant to Section 4 of Article XIIIA. (3) Assessments as provided by this article. (4) Fees or charges for property related services as provided by this article. (b) For purposes of this article, fees for the provision of electrical or gas service shall not be deemed charges or fees imposed as an incident of property ownership.
SEC. 4. Procedures and Requirements for All Assessments. (a) An agency which proposes to levy an assessment shall identify all parcels which will have a special benefit conferred upon them and upon which an assessment will be imposed. The proportionate special benefit derived by each identified parcel shall be determined in relationship to the entirety of the capital cost of a public improvement, the maintenance and operation expenses of a public improvement, or the cost of the property related service being provided. No assessment shall be imposed on any parcel which exceeds the reasonable cost of the proportional special benefit conferred on that parcel. Only special benefits are assessable, and an agency shall separate the general benefits from the special benefits conferred on a parcel. Parcels within a district that are owned or used by any agency, the State of California or the United States shall not be exempt from assessment unless the agency can demonstrate by clear and convincing evidence that those publicly owned parcels in fact receive no special benefit. (b) All assessments shall be supported by a detailed engineer's report prepared by a registered professional engineer certified by the State of California.
City of Santa Barbara
Wildland Fire Suppression Assessment
Preliminary Engineer’s Report, FY 2022‐23
(c) The amount of the proposed assessment for each identified parcel shall be calculated and the record owner of each parcel shall be given written notice by mail of the proposed assessment, the total amount thereof chargeable to the entire district, the amount chargeable to the owner's particular parcel, the duration of the payments, the reason for the assessment and the basis upon which the amount of the proposed assessment was calculated, together with the date, time, and location of a public hearing on the proposed assessment. Each notice shall also include, in a conspicuous place thereon, a summary of the procedures applicable to the completion, return, and tabulation of the ballots required pursuant to subdivision (d), including a disclosure statement that the existence of a majority protest, as defined in subdivision (e), will result in the assessment not being imposed.
(d) Each notice mailed to owners of identified parcels within the district pursuant to subdivision (c) shall contain a ballot which includes the agency's address for receipt of the ballot once completed by any owner receiving the notice whereby the owner may indicate his or her name, reasonable identification of the parcel, and his or her support or opposition to the proposed assessment.
(e) The agency shall conduct a public hearing upon the proposed assessment not less than 45 days after mailing the notice of the proposed assessment to record owners of each identified parcel. At the public hearing, the agency shall consider all protests against the proposed assessment and tabulate the ballots. The agency shall not impose an assessment if there is a majority protest. A majority protest exists if, upon the conclusion of the hearing, ballots submitted in opposition to the assessment exceed the ballots submitted in favor of the assessment. In tabulating the ballots, the ballots shall be weighted according to the proportional financial obligation of the affected property. (f) In any legal action contesting the validity of any assessment, the burden shall be on the agency to demonstrate that the property or properties in question receive a special benefit over and above the benefits conferred on the public at large and that the amount of any contested assessment is proportional to, and no greater than, the benefits conferred on the property or properties in question.
(g) Because only special benefits are assessable, electors residing within the district who do not own property within the district shall not be deemed under this Constitution to have been deprived of the right to vote for any assessment. If a court determines that the Constitution of the United States or other federal law requires otherwise, the assessment shall not be imposed unless approved by a two‐thirds vote of the electorate in the district in addition to being approved by the property owners as required by subdivision (e).
SEC. 5. Effective Date.
City of Santa Barbara
Wildland Fire Suppression Assessment
Preliminary Engineer’s Report, FY 2022‐23
Pursuant to subdivision (a) of Section 10 of Article II, the provisions of this article shall become effective the day after the election unless otherwise provided. Beginning July 1, 1997, all existing, new, or increased assessments shall comply with this article. Notwithstanding the foregoing, the following assessments existing on the effective date of this article shall be exempt from the procedures and approval process set forth in Section 4:
(a) Any assessment imposed exclusively to finance the capital costs or maintenance and operation expenses for sidewalks, streets, sewers, water, flood control, drainage systems or vector control.
Subsequent increases in such assessments shall be subject to the procedures and approval process set forth in Section 4.
(b) Any assessment imposed pursuant to a petition signed by the persons owning all of the parcels subject to the assessment at the time the assessment is initially imposed. Subsequent increases in such assessments shall be subject to the procedures and approval process set forth in Section
4. (c) Any assessment the proceeds of which are exclusively used to repay bonded indebtedness of which the failure to pay would violate the Contract Impairment Clause of the Constitution of the United States.
(d) Any assessment which previously received majority voter approval from the voters voting in an election on the issue of the assessment. Subsequent increases in those assessments shall be subject to the procedures and approval process set forth in Section 4.
City of Santa Barbara
Wildland Fire Suppression Assessment
Preliminary Engineer’s Report, FY 2022‐23
End Notes
1 Insurance Services Offices Inc.
HUhttp://www.rockwall.com/FireDepartment/Insurance%20Services%20Office%20Rating%20Infor mation.pdfU
2 Institute for Business & Home Safety, “Protect Your Home Against Wildfire Damage,” HUhttp://www.ibhs.org/publications/view.asp?id=125U
3 Institute for Business & Home Safety, “Is Your Home Protected from Wildfire Damage? A Homeowner’s Guide to Retrofit,” HUhttp://www.ibhs.org/publications/view.asp?id=130U 4 U.S. Fire Administration, Department of Homeland Security, “America Burning, Recommissioned: Principal Findings and Recommendations,” p.1, HUhttp://www.usfa.fema.gov/downloads/pdf/abr‐rep.PDFU
5 U.S. Fire Administration, Department of Homeland Security, “America Burning, Recommissioned: Principal Findings and Recommendations,” p.2, HUhttp://www.usfa.fema.gov/downloads/pdf/abr‐rep.PDFU
6 Insurance Services Offices Inc., p. 1,
HUhttp://www.rockwall.com/FireDepartment/Insurance%20Services%20Office%20Rating%20Infor mation.pdfU
7 Renewable Natural Resources Foundation, “Workshop on National Parks Fire Policy: Goals, Perceptions, and Reality,” Renewable Resources Journal, Volume 11, Number 1, Spring 1993, p. 6 8 Weldon, Leslie A. C., “Dealing with Public Concerns in Restoring Fire to the Forest,” General Technical Report INT‐GTR‐341 The Use of Fire in Forest Restoration, U.S. Forest Service, June 1996, p. 3
9 U.S. Forest Service, Department of Agriculture, “Social Science to Improve Fuels Management:
A Synthesis of Research on Aesthetics and Fuels Management,” p. 1, HUhttp://ncrs.fs.fed.us/pubs/gtr/gtr_nc261.pdfU
City of Santa Barbara
Wildland Fire Suppression Assessment
Preliminary Engineer’s Report, FY 2022‐23
10 U.S. Forest Service, Department of Agriculture, “Social Science to Improve Fuels Management:
A Synthesis of Research on Aesthetics and Fuels Management,” p. 25, HUhttp://ncrs.fs.fed.us/pubs/gtr/gtr_nc261.pdfU
11 Weldon, Leslie A. C., “Dealing with Public Concerns in Restoring Fire to the Forest,” General Technical Report INT‐GTR‐341 The Use of Fire in Forest Restoration, U.S. Forest Service, June 1996, p. 2
RESOLUTION NO. _____
A RESOLUTION OF THE COUNCIL OF THE CITY OF
SANTA BARBARA DECLARING ITS INTENTION TO
CONTINUE THE WILDLAND FIRE SUPPRESSION
ASSESSMENT WITHIN THE FOOTHILL AND EXTREME
FOOTHILL ZONES; DECLARING THE WORK TO BE OF
MORE THAN GENERAL OR ORDINARY BENEFIT AND
DESCRIBING THE DISTRICT TO BE ASSESSED TO PAY
THE COSTS AND EXPENSES THEREOF; PRELIMINARILY
APPROVING THE UPDATED ENGINEER’S REPORT;
STATING INTENTION TO CONTINUE ASSESSMENTS FOR
FISCAL YEAR 2023 AND ESTABLISHING A TIME OF 2:00
P.M. ON TUESDAY, JUNE 7, 2022, IN THE CITY COUNCIL
CHAMBERS FOR A PUBLIC HEARING ON THE WILDLAND
FIRE SUPPRESSION ASSESSMENT
WHEREAS, the City of Santa Barbara is authorized, pursuant to the authority provided in California Government Code Section 50078 et seq. and Article XIIID of the California Constitution, to levy assessments for fire suppression services; WHEREAS, an assessment for fire suppression has been given the distinctive designation of the “Wildland Fire Suppression Assessment” (“Assessment”), and is primarily described as encompassing the Foothill and Extreme Foothill Zones as defined in the Wildland Fire Plan of 2004, which Plan was replaced in 2021 by the Community Wildland Fire Protection Plan;
WHEREAS, the Assessment was authorized by an assessment ballot proceeding conducted in 2006 and approved by 51% of the weighted ballots returned by property owners, and such assessments were levied by the City of Santa Barbara City Council by Resolution No. 06-064 passed on July 11, 2006;
WHEREAS, although the methodology by which the assessments are applied to properties in the District does not change from year to year, a new Engineer’s Report is prepared each year in order to establish the CPI adjustment for that year; the new maximum authorized assessment rate for that year; the budget for that year; and the amount to be charged to each parcel in the District that year, subject to that year’s assessment rate and any changes in the attributes of the properties in the District, including but not limited to use changes, parcel subdivisions, and/or parcel consolidations; and
NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF SANTA BARBARA AS FOLLOWS:
SECTION 1. SCI Consulting Group, the Engineer of Work, has prepared an engineer’s report in accordance with Article XIIID of the California Constitution.
The Report has been made, filed with the City Clerk and duly considered by the Council and is hereby deemed sufficient and preliminarily approved. The Report shall stand as the Engineer's Report for all subsequent proceedings under and pursuant to the foregoing resolution.
SECTION 2. It is the intention of this Council to continue to levy and collect assessments for the Wildland Fire Suppression Assessment for fiscal year 2022-
23. Within the Assessment District, the proposed services to be funded by the assessments (“Services”) are generally described as including but not limited to, the following: (1) continuation of the vegetation road clearance program to cover all public roads within the Foothill and Extreme Foothill Zones (continuing this program will reduce fuel, enhance evacuation routes, and decrease fire response times); (2) enhancing the defensible space fire prevention inspection and assistance program for all properties in the Foothill and Extreme Foothill Zones; and (3) implementation of a vegetation management program in the Foothill and Extreme Foothill Zones. As applied herein, “vegetation road clearance” means the treatment, clearing, reducing, or changing of vegetation near roadways in the Foothill and Extreme Foothill Zones where vegetation poses a fire hazard and does not meet Fire Department Vegetation Road Clearance Standards within the high fire hazard area (as provided in Santa Barbara Municipal Code Section
8.04.020.M). “Defensible space” is a perimeter created around a structure where vegetation is treated, cleared or reduced to slow the spread of wildfire towards a structure, reduce the chance of a structure fire burning to the surrounding area, and provides a safe perimeter for firefighters to protect a structure (as provided in Chapter 49, Section 4907 "Requirements For Wildland-Urban Interface Areas, Defensible Space" as adopted by the City of Santa Barbara pursuant to Santa Barbara Municipal Code Section 8.04.010). “Vegetation management” means the reduction of fire hazard through public education, vegetation hazard reduction, and other methods as needed to manage vegetation in areas with unique hazards such as heavy, flammable vegetation, lack of access due to topography and roads, and/or firefighter safety.
SECTION 3. The estimated fiscal year 2022-23 cost of providing the Services is $307,617. This cost results in a proposed assessment rate of NINETY TWO DOLLARS AND EIGHTEEN CENTS ($92.18) per single-family equivalent benefit unit in the Foothill Zone and ONE HUNDRED AND FOURTEEN DOLLARS AND THIRTY CENTS ($114.30) in the Extreme Foothill Zone for fiscal year 2022-23.
The Assessments include a provision for an annual increase equal to the change in the Los Angeles-Riverside-Orange County Area Consumer Price Index (CPI), not to exceed 4% (four percent) per year without a further vote or balloting process.
The actual CPI for 2022-23 is 6.569% and the total allowable CPI adjustment for 2022-23 is 4.00%, and the rates have been adjusted, accordingly.
SECTION 4. The public hearing shall be held, before the City Council in the City
of Santa Barbara City Council Chambers, located at 735 Anacapa Street, Santa Barbara, CA 93101 as follows: on Tuesday, June 7, 2022 at the hour of 2:00 p.m. for the purpose of this Council’s determination whether the public interest, convenience and necessity require the Services and this Council’s final action upon the Report and the assessments therein.
SECTION 5. The clerk of the council shall cause a notice of the hearing to be given by publishing a notice, at least ten (10) days prior to the date of the hearing above-specified, in a newspaper circulated in the City.
CITY OF SANTA BARBARA
COUNCIL AGENDA REPORT
AGENDA DATE: May 3, 2022
TO: Mayor and Councilmembers
FROM: Treasury Division, Finance Department
SUBJECT: Approval Of Tax And License Administration Services Agreement RECOMMENDATION:
That Council authorize the Finance Director, subject to approval as to form by the City Attorney, to execute an Agreement with Avenue Muniservices LLC for tax and license administration services for three years, with an option to extend the agreement for two oneyear periods, at an estimated cost of $272,000 per year.
EXECUTIVE SUMMARY:
The Treasury Division of the Finance Department oversees all tax collections for the city including Business Licenses, Utility User Tax (UUT), Parking Business Improvement District (PBIA) and the Business Improvement Districts (BIDs) for Old Town and Downtown Districts, among others. In an effort to modernize and enhance customer service, staff recommends executing an agreement with Avenue Muniservices LLC for tax and license administration services, which will provide the local business community more flexibility and online payment options.
DISCUSSION:
Background
The Department has used the same Progressive Solutions software system, License Track, since 2006. The current system has limited functionality, such as no interactive public portal and no option for the business community to electronically submit forms or pay online. In recent years, especially as a result of COVID-19, more and more members of the business community have asked for this functionality, which is long overdue and now widely expected.
Agenda Item No. 7
File Code No. 270.06
Council Agenda Report
Approval Of Tax And License Administration Services Agreement May 3, 2022
One of the Finance Department’s strategic goals is to enhance customer service through innovation to more effectively respond to community priorities. Due to a variety of other high priority projects internally and citywide, and due to limited resources, the department is not equipped to address the growing needs of the business community to be able to support their demands to file tax applications and renewal electronically, or to offer alternative forms of payment, such as credit cards and e-checks. The current process is manual, labor intensive and lacks the resources necessary to meet business’ needs. This became even more evident during the COVID-19 pandemic. The current process still requires paper submittals and checks either to be mailed to the city or walked into the City Hall cashier’s office.
Agreement with Avenue Muniservices LLC
Muniservices already provides sales and use tax allocation audit, analysis and reporting services, utility user tax compliance services, and business license tax compliance services to the City. They have been a reliable partner with the City for many years, with a proven track record of success in revenue recovery and compliance. During COVID19, they also provided thorough and detailed analyses and reporting information that assisted staff in successfully forecasting impacts to major revenues.
By entering into this agreement, Muniservices will expand their current services to provide specialized business license administration. The City will be able to provide more comprehensive business license services, streamline the business license process and utilize best practices to assist with business owner requests that the City could not otherwise provide. Examples of some enhanced services include the following:
1. The ability to submit and renew a business license application online;
2. The ability to submit payments for licenses and assessments online using a credit card;
3. Enable the City to capture more accurate and detailed information to prevent loss in business license tax revenues by utilizing the Muniservices software system which is able to cross reference information with the California state sales tax information; and
4. Real-time management reporting to more effectively monitor business license and other tax activities.
The department will experience efficiency gains with license and payment processing, as well as cashiering functions. The current database for tax and licenses provided by Progressive Solutions will be able to be retired resulting in cost savings, as well as ongoing paper, ink ,envelopes and postage savings. Staff time will be redirected to the list of remaining backlogged process improvement and customer service initiatives.
Council Agenda Report
Approval Of Tax And License Administration Services Agreement May 3, 2022
Convenience Fee:
Historically, the city elected not to pursue online payment options for payments such as business licenses, UUT, PBIA, and other taxes and fees in an effort to maintain lower credit card fees incurred by the City. In October of 2019, the City opted to charge convenience fees on payments received for online building permit applications. In addition to offering members of the business community the option to pay online, (which incurs a 2.65% credit card fee), an option to pay via e-check was another option for a significantly reduced cost. The California Government Code [Section 6159 (h) (1)] allows a city to impose a fee on the user of a credit card. It is important to note the customers would still have the ability to pay by electronic check, debit card, or ACH transfer, thereby avoiding a convenience fee altogether.
In order to offer more payment options to the business community for business licenses, UUT and other special assessments, staff recommends utilizing convenience fees to ensure the city would not incur increased credit card fees with this offering.
Staff are planning to request the convenience fee to be established and approved as part of the upcoming Fiscal Year (FY) 2023 budget process with an anticipated effective date of July 1, 2022
Other Process Improvements
The Finance Department has a number of other work efforts identified to enhance customer service and to modernize the use of technology in response to the community, including implementation of Automated Clearing House (ACH) payments to city vendors reducing the need to issue paper checks and digitizing all citywide cash receipting. Both of these current processes are heavily reliant on antiquated paper processes.
Additionally, the City’s current business license tax municipal code was established and subsequently amended in the 1960’s & 1970’s, with various additions and minor updates to the code between the 1980’s to early 2000’s. A thorough review of the municipal code has not been conducted for decades and is long overdue for consideration of ensuring an appropriate tax structure for businesses operating in the City.
FINANCIAL/BUDGET INFORMATION:
The annual estimated cost of $272,000 per year is based on the number of business licenses and special assessments currently administered on an annual basis.
Historically, the number of annual business licenses had been approximately 16,000.
The actual cost will likely be lower as the number of business licenses in recent years has dropped closer to 15,000 per year, due to impacts from the Thomas Fire and COVID-19. At 15,000 business licenses per year, the cost would be closer to $258,000.
Council Agenda Report
Approval Of Tax And License Administration Services Agreement May 3, 2022
Service Billing
Cycle
Proposed
Cost
Total
Annual
Units
Estimated
Cost
Business License Annual $15.00 16,000 $240,000
Utility User Tax Monthly $4.00 3,000 $12,000
PBIA Quarterly $4.00 3,600 $14,000
BID Annual $4.00 1,600 $6,000
Estimated Contract Cost $272,000
Staff anticipates that these costs will eventually be offset entirely by the potential increase to revenues, as well as cost savings with the retirement of the current database for tax and licenses provided by Progressive Solutions, as well as ongoing paper for printing business licenses, postage, ink, envelopes, and other miscellaneous savings.
Budget Impacts Amount
Estimated Cost of Muniservices Agreement $272,000
Less: Operational Expenditure Savings
Holding position vacant (83,000)
Software License (15,000)
Bill Print and Postage costs (22,000)
Office Supplies (7,000)
Total Operational Expenditure Savings $(127,000)
Remaining Costs Offset by Increased Revenues $145,000
Sufficient, available expenditure appropriation exists in the Finance Department’s FY2022 operating budget in order to fund the first two (2) months of the agreement in FY2022. No additional appropriation is required at this time. The Department’s FY2023 budget proposal will include the ongoing agreement costs.
SUSTAINABIILTY AND RESILIENCE IMPACT:
Implementing this agreement is in line with greater sustainability and resilience goals of the City through reducing paper and supplies as well as encouraging and promoting convenient, electronic processing of business license taxes as well as potentially other taxes in the future.
A copy of the Agreement may be requested from the Finance Department for public review. Please contact Jen Nichoson at [email protected] to request a copy.
Council Agenda Report
Approval Of Tax And License Administration Services Agreement May 3, 2022
PREPARED BY: Jennifer Tomaszewski, Finance & Treasury Manager SUBMITTED BY: Keith DeMartini, Finance Director
APPROVED BY: City Administrator's Office
CITY OF SANTA BARBARA
COUNCIL AGENDA REPORT
AGENDA DATE: May 3, 2022
TO: Mayor and Councilmembers
FROM: Energy and Climate Division, Sustainability and Resilience Department
SUBJECT: Adoption Of Resolution And Status Report On Implementation Of The Sea-Level Rise Adaptation Plan And Acceptance Of Grant Funds RECOMMENDATION: That Council:
A. Receive a status report on implementation of the Sea-Level Rise Adaptation Plan; B. Accept three grant awards totaling $2,115,000 from the California Coastal Commission (CCC) Round 7 Local Coastal Program (LCP) Grant Program; C. Adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Amending Resolution No. 21-045, Adopting the Budget for Fiscal Year 2022, for Sea-Level Rise Adaptation Grants;
D. Increase revenue appropriations and expenditure appropriations by $630,000 in the Fiscal Year 2022 Sustainability and Resilience Miscellaneous Grants Fund budget for the Regional Coastal Adaptation Monitoring Program, $1,240,000 in the Fiscal Year 2022 Sustainability and Resilience Miscellaneous Grants Fund budget for Waterfront Adaptation Planning, and $245,000 in the Fiscal Year 2022 Airport Department Grants Fund budget to fund the Airport and Goleta Slough Climate Adaptation Plan;
E. Authorize the Sustainability and Resilience Director to execute a memorandum of understanding with the Beach Erosion Authority for Clean Oceans and Nourishment (BEACON) to undertake the Regional Coastal Adaptation Monitoring Program; and
F. Disband the Sea-Level Rise Adaptation Plan Subcommittee, with the intention that the Sustainability Council Committee will advise staff on implementation of sea-level rise and other climate adaptation projects moving forward.
Agenda Item No. 8
File Code No. 630.02
Council Agenda Report
Adoption Of Resolution And Status Report On Implementation Of The Sea-Level Rise Adaptation Plan And Acceptance Of Grant Funds
May 3, 2022
EXECUTIVE SUMMARY:
In February 2021, Council approved the City’s Sea-Level Rise Adaptation Plan (Adaptation Plan). Since then, staff have been further refining project scopes and applying for grant funds for the highest priority actions identified in the plan. In March 2022, CCC awarded the City $2,115,000 in LCP Grant Funds for three projects: 1) Creation of a Regional Coastal Adaptation Monitoring Program to be undertaken by BEACON in partnership with the City; 2) Waterfront Adaptation Planning, including feasibility studies for moving or flood proofing infrastructure; and 3) Creation of an Airport and Goleta Slough Climate Adaptation Plan.
Staff recommends that Council accept the grant funds and authorize staff to execute a memorandum of understanding with BEACON to implement the monitoring program.
Furthermore, now that the Adaptation Plan is complete and adopted, staff recommends that Council disband the Sea-Level Rise Adaptation Plan Subcommittee with the intention that, moving forward, implementation of the Adaptation Plan and other climate adaptation matters be guided by the Sustainability Council Committee, with input from other Commissions as needed.
DISCUSSION:
Background
The City has been undergoing several major sea-level rise planning efforts in order to modernize the City’s Local Coastal Programs (LCPs), prepare the City for increased flooding and erosion, and satisfy State permitting requirements. Specifically:
1) In 2015, the Goleta Slough Management Committee completed the Goleta Slough Area Sea Level Rise and Management Plan, which analyzes vulnerabilities and potential adaptation options for the Goleta Slough area including the Airport;
2) In 2018, a Sea-Level Rise Vulnerability Assessment was completed for the City;
3) In 2019, the California Coastal Commission (CCC) and Council certified a comprehensive update to the City of Santa Barbara Coastal Land Use Plan that factors sea-level rise into development review standards; and 4) In February 2021, Council adopted a City of Santa Barbara Sea-Level Rise Adaptation Plan (Adaptation Plan) that recommends a phased approach to planning for sea-level rise, based on monitoring of changing conditions and taking actions to reduce vulnerabilities once defined thresholds are reached.
Forty-two actions are designated as high priority to start in the next five years, with eight of these considered the highest priority to initiate as soon as possible.
Recently, the City began implementation of the Adaptation Plan and is coordinating all climate adaptation matters out of the Sustainability and Resilience Department’s Energy and Climate Division. The City also has a Climate Adaptation Interdepartmental Staff Council Agenda Report
Adoption Of Resolution And Status Report On Implementation Of The Sea-Level Rise Adaptation Plan And Acceptance Of Grant Funds
May 3, 2022
Team that guides prioritization, funding, and implementation of climate adaptation projects. Staff has been in the process of further scoping out the highest priority implementation projects and applying for grant funds as opportunities arise.
In November 2021, CCC announced the availability of Round 7 LCP Planning Grant funds to support local government coastal resiliency efforts. The grant time period is from 2022 through 2025, with a possibility of extension to 2027. In December 2021, City staff submitted three grant applications for sea-level rise implementation projects at the Waterfront and Airport and a Regional Coastal Adaptation Monitoring Program as described below. On January 25, 2022, Council supported the grant applications and authorized the City Administrator to enter into grant agreements with CCC should the applications be successful. On March 9th, the CCC unanimously voted to award a total of $2,115,000 in grant funds to the City of Santa Barbara, fully funding all three applications.
Grant Funded Projects
Regional Coastal Adaptation Monitoring Program
The highest priority action item identified in the City’s Adaptation Plan is development of a regional shoreline monitoring program. The monitoring program is key to implementing the City’s Adaptation Program with a data-driven approach, including tracking how soon actions are needed and the effectiveness of adaptation projects as they are implemented.
Establishment of thresholds for action based on monitoring is central to the phased implementation of the City’s Adaptation Plan. This project consists of the development of a Regional Coastal Adaptation Monitoring Program for the coastal areas spanning Santa Barbara and Ventura Counties, in order to provide consistent data and analysis to implement sea-level rise adaptation plans in the region. Following development of the program, two years of pilot monitoring will be conducted.
While the Sustainability and Resilience Department sponsored the application and will manage the grant funds, this project will be conducted by BEACON, a joint power authority with member agencies from the coastal cities and counties between Point Mugu and Point Conception. The program will be developed through a stakeholder process involving multiple jurisdictions within Santa Barbara and Ventura Counties and a science advisory team. The grant award amount is $630,000 for consultant, BEACON, and City staff time. Staff is requesting that Council authorize the Sustainability and Resilience Director to execute a memorandum of understanding with BEACON to undertake this project as described in the attached work plan and pursuant to the terms of the grant.
Waterfront Adaptation
The Adaptation Plan identified a number of high priority actions needed for critical infrastructure at the Harbor and Waterfront area south of Cabrillo Boulevard. This project is a shoreline master planning effort for the Waterfront that includes many of these highest priority actions. A Wastewater and Water Systems Vulnerability and Adaptation Options Report will be prepared to identify alternatives for relocating and floodproofing major Council Agenda Report
Adoption Of Resolution And Status Report On Implementation Of The Sea-Level Rise Adaptation Plan And Acceptance Of Grant Funds
May 3, 2022
sewer mains and water lines currently located under the beach and mid- and long-term adaptation options for the overall wastewater and water systems.
A 30-Year Waterfront Adaptation Plan will also be developed that will include an analysis of increased use of seasonal beach berms, sediment availability analysis, and other nearterm options for adaptation along the Waterfront and a feasibility study for raising or modifying the existing Harbor Breakwater and groins. The project will be managed by the Sustainability and Resilience Department with assistance from the Waterfront, Public Works, and Parks and Recreation Departments. The grant award includes $1,240,000 for consultant and City staff time.
Airport and Goleta Slough Climate Adaptation Plan
This project includes an infrastructure vulnerability assessment, sea-level rise adaptation plan, and LCP update for the Airport segment of the City of Santa Barbara’s coastal zone.
The Airport LCP was last updated and certified by the CCC in 2003 and needs to be modernized to meet new State requirements and consider issues such as sea-level rise.
The Airport area was not included in the 2021 Adaptation Plan as at the time of funding of the plan the focus was on updates to the City’s main LCP segment, as the Airport was separately engaged in a multi-agency planning effort for the Goleta Slough area. This project would add a chapter to the Adaptation Plan to address hazards at the Airport, building upon the 2015 Goleta Slough Area Sea-Level Rise and Management Plan and the 2017 Airport Master Plan. The project will be led by the Airport Department in coordination with the Climate Adaptation Interdepartmental Staff Team and Sustainability and Resilience Department. The grant award is $245,000 for consultant work.
Sea-Level Rise Adaptation Plan Subcommittee
In June 2018, Council formed the Sea-Level Rise Adaptation Plan Subcommittee (Subcommittee) for the purpose of guiding development of a sea-level rise vulnerability assessment, economic analysis, socioeconomic analysis, and adaptation plan for the City. The Subcommittee included three members of Council and members of the Water, Harbor, Parks and Recreation, and Planning Commissions. The Subcommittee was very successful at guiding the development of the adaptation plan, particularly with recommending guiding principles for the City to prioritize adaptation actions and in development of the overall phased approach to sea-level rise planning contained in the plan.
City staff have been in the process of trying to reduce the number of separate, singleissue subcommittees the City maintains. Now that the Adaptation Plan is complete, staff recommends that Council disband the Sea-Level Rise Adaptation Plan Subcommittee with the intent that the Council Sustainability Committee take on the role of guiding implementation of the sea-level rise adaptation plan, along with other climate adaptation efforts. Staff will still regularly update the other relevant City commissions on sea-level rise implementation and will directly engage with commissions in development of specific projects within their purview.
Council Agenda Report
Adoption Of Resolution And Status Report On Implementation Of The Sea-Level Rise Adaptation Plan And Acceptance Of Grant Funds
May 3, 2022
BUDGET/FINANCIAL INFORMATION:
In total, the three grant awards are $2,115,000 that will fund consultants and City staff time managing the projects as described above. The grant work programs identify approximately $519,500 in additional matching funds in the form of staff time and overhead using existing City appropriations in the Airport, City Attorney, Public Works, Parks and Recreation, Waterfront, and Sustainability and Resilience Departments.
Staff recommends that Council accept the grant funds and increase revenue appropriations and expenditure appropriations for the three grants as follows:
$630,000 in the Fiscal Year 2022 Sustainability and Resilience Miscellaneous Grants Fund budget for the Regional Coastal Adaptation Monitoring Program; $1,240,000 in the Fiscal Year 2022 Sustainability and Resilience Miscellaneous Grants Fund budget for Waterfront Adaptation Planning; and $245,000 in the Fiscal Year 2022 Airport Department Miscellaneous Grant Fund for the Airport and Goleta Slough Climate Adaptation Plan.
SUSTAINABILITY IMPACT:
The subject projects advance goals contained in the General Plan, LCP, Climate Action Plan, and Adaptation Plan to address both the causes and impacts of climate change.
ENVIRONMENTAL REVIEW:
Feasibility studies and LCP Amendments are statutorily exempt from CEQA pursuant to CEQA Guidelines Sections 15262 and 15265.
ATTACHMENTS: Sea-Level Rise Adaptation Grant Work Programs PREPARED BY: Melissa Hetrick, Acting Energy and Climate Program Manager SUBMITTED BY: Alelia Parenteau, Acting Sustainability and Resilience Director APPROVED BY: City Administrator's Office
SCOPE OF WORK
1. Grantee agrees to provide to the Commission project activities as described under the Scope of Work, attached hereto as Exhibit B.
2. The Project representatives during the term of this agreement, and the person authorized to sign grant amendments and RFFs on behalf of the grantee, will be:
3. Primary project contact:
State Agency:
California Coastal Commission
Grantee:
City of Santa Barbara
Name: Kelsey Ducklow
(“Grant Manager”)
Name: Alelia Parenteau, Acting
Sustainability and Resilience
Director
Address:
455 Market St. Suite 300
San Francisco, CA 94105
Address:
616 Laguna Street
Santa Barbara, CA 93101
Phone: (415) 904-2335 Phone: (805) 564-5474
Fax: (415) 904-5400 Fax:
Email: [email protected] Email:
[email protected]
State Agency:
California Coastal Commission
Grantee
City of Santa Barbara
Section/Unit: Section/Unit: Sustainability and
Resilience Department
Name: Name:Melissa Hetrick, Acting Energy and
Climate Manager
Address: Address:
616 Laguna Street
Santa Barbara, CA 93101
Phone: Phone: 805-897-2590
Fax: Fax:
Email: Email: [email protected]
Sea-Level Rise Adaptation Grant Work Programs
1 REGIONAL COASTAL ADAPTATION MONITORING PROGRAM
Attachment
Project Work Plan, Schedule, and Budget
City of Santa Barbara
Regional Coastal Adaptation Monitoring Program
Federal Tax ID#: 95-6000-787
Budget Summary:
CCC funding: $630,000
Other funding: $66,000
Total project cost: $696,000
Term of Project: May 2022-December 2025
A. PROJECT DESCRIPTION
This project will involve development of a Regional Coastal Adaptation Monitoring Program for the BEACON coast, encompassing Santa Barbara and Ventura Counties, to provide consistent data and analysis to implement sea-level rise adaptation plans in the region. The objectives of the program are to provide local management agencies with the information needed to assess if changed conditions warrant new adaptation approaches and if implementation actions are resulting in regional resilience benefits or impacts. Establishing a regional scope for the monitoring program will encourage coordinated adaptation responses across jurisdictions. It will also be designed as a transferable program that could be adopted and replicated in other coastal regions and jurisdictions in California.
To the extent feasible, the monitoring program will utilize existing monitoring efforts and datasets (e.g. USGS and NOAA monitoring data), but would present that data in a manner that efficiently and effectively informs decision making. The program will be designed to be cost effective and targeted to only those parameters necessary so as to ensure monitoring efforts continue into the long-term and are focused on regional-level climate and sea-level rise adaptation. The type of monitoring parameters that will be explored for inclusion in the program include physical attributes, such as sea levels, shoreline position, bluff position, as well as social attributes, such as inventorying the parcels and socioeconomic status of census tracts affected by flooding events. The program will be developed through a stakeholder process involving representatives from multiple jurisdictions within Santa Barbara and Ventura Counties and a science advisory team led by members of the BEACON Science Advisory Committee in addition to outside technical advisors. A robust public outreach and comment process will occur on the Draft Regional Coastal Adaptation Monitoring Plan.
Following development of the Monitoring Plan, select pilot monitoring will be conducted. At the conclusion of the monitoring period, a monitoring results report will be prepared. The science advisory team and agency stakeholder group will then reconvene to examine the lessons 2 learned from the monitoring and prepare revisions to the Monitoring P Plan accordingly. The City of Santa Barbara will then prepare an amendment to the City’s fully certified LCP to incorporate the final monitoring protocols into the City’s Coastal Land Use Plan.
B. TASKS
Task 1: Grant and Project Management
This task is for general project management, development of request for proposals, management of consultant contracts, administration of grant agreements and records; invoicing; and submittal of requests for funds and grant progress reports.
Subtasks:
1.1 Grant management
1.2 Project management
Deliverables: All grant submittals: invoicing and progress reports Task 2: Development of Regional Coastal Adaptation Monitoring Plan BEACON, with the assistance of a chosen consultant, will manage the creation of a Regional Coastal Adaptation Monitoring Plan. The process for development of the Monitoring Plan will include a science advisory team and agency stakeholder group including representatives throughout Santa Barbara and Ventura Counties. The process will commence with development of joint goals for the program and an assessment of stakeholders monitoring needs related to adaptation planning, implementation of adaptation projects, and assessment of adaptation project impacts and benefits. The team will evaluate various existing monitoring datasets and programs at the local, regional, state, and federal level. Monitoring parameters for the program will then be analyzed with respect to their effectiveness at implementing the goals of the project, costs, and ease of implementation. Parameters to be explored include physical attributes such as groundwater levels, sea levels, shoreline position, bluff position and social attributes such as the parcels and socioeconomic status of census tracts affected by flooding events. A Public Draft Monitoring Plan will then be prepared that includes clear goals and outcomes of the monitoring program and identifies in detail chosen monitoring protocols and data sources, methods of monitoring, and frequency and timing of monitoring to be conducted. The plan will also outline the parameters for pilot monitoring to be conducted under Task 3.
The Public Draft Regional Coastal Adaptation Monitoring Plan will then be released for comment and an agency, stakeholder, and interested party outreach process will commence.
Revisions to the plan will then be made based on public comments and a Final Draft Regional Coastal Adaptation Monitoring Plan will be prepared.
Subtasks:
2.1 Finalize plan development scope of work
2.2 Assemble and organize technical review panel
2.3 Identify agency stakeholder group and outreach
3 2.4 Project workshops
2.5 Develop Public Draft Monitoring Plan
2.6 Public outreach and comment on Public Draft Monitoring Plan including CCC staff review
2.7 Prepare Final Draft Monitoring Plan
Deliverables: Public Draft and Final Draft Regional Coastal Adaptation Monitoring Plan Task 3: Pilot Monitoring Project(s)
Following finalization of the Final Draft Regional Coastal Adaptation Monitoring Plan, pilot monitoring will occur based on a subset of locations and parameters developed for the plan. It is preferred if pilot monitoring can occur for 2 years, but the final schedule will depend on the protocols developed for the monitoring and the flexibility of timeline for the grant. A monitoring results report will then be prepared that will serve as an example of regular monitoring results reports to be delivered in the future.
Subtasks:
3.1 Identify and evaluate pilot project site locations
3.2 Implement pilot monitoring
3.3 Prepare Draft Pilot Monitoring Results Report and CCC staff review
3.4 Prepare Final Pilot Monitoring Results Report
Deliverables: Draft and Final Pilot Monitoring Results Report Task 4: Revised Protocols
Following pilot monitoring, the science advisory team and agency stakeholder group will be reconvened to examine the lessons learned out of the pilot monitoring and to recommend refinements to the monitoring protocols in the plan and identify any further needs for the program. Based on this analysis, a revised Final Regional Coastal Adaptation Monitoring Plan will be prepared.
Subtasks:
4.1 Reassess Monitoring Plan based on monitoring Results
4.2 Prepare Revised Final Monitoring Plan
Deliverables: Final Regional Coastal Adaptation Monitoring Plan Task 5: Local Coastal Program Amendment
This task includes preparation of a Draft LCP Amendment to incorporate the Regional Coastal Adaptation Monitoring Plan into the City of Santa Barbara Coastal Land Use Plan, which is part 4 of the City’s fully certified LCP. CCC staff will be consulted prior to and following release of the Draft LCP Amendment.
Subtasks
5.1 Development of Draft LCP Amendment
5.2 Public release of Draft LCP Amendment and CCC staff review
5.3 Revisions and release of Final Draft LCP Amendment
5.4 Planning Commission and City Council review of Final Draft LCP Amendment
5.5 Submittal of LCP Amendment to CCC for review
Deliverables: Draft and Final Draft Local Coastal Program Amendment-Regional Coastal Adaptation Monitoring Program
5 C. SCHEDULE
Task 1. Grant and Project Management 3/1/22 – 6/30/25
1.1 Grant management 3/1/22 – 6/30/25
1.2 Project management 3/1/22-6/30/25
Outcome/Deliverables:
a. All grant submittals: invoicing and progress reports b. All project team management, including coordination
and delivery of all required work products
On-going
On-going
Task 2. Development of Regional Coastal Adaptation
Monitoring Plan 5/1/22 – 6/30/23
2.1 Finalize plan development scope of work 5/1/22-7/1/22
2.2 Assemble and organize technical review panel 5/1/22-7/1/22
2.3 Identify agency stakeholder group and outreach 5/1/22-9/1/22
2.4 Project workshops 6/1/22-12/1/22
2.5 Develop Public Draft Monitoring Plan 9/1/22-4/1/23
2.6 Public outreach and comment on Public Draft Monitoring Plan including CCC staff review 4/1/23-5/30/23
2.7 Prepare Final Draft Monitoring Plan 5/30/23- 6/30/23 Outcome/Deliverables:
a. Plan development
b. Stakeholder process
c. Technical review panel
d. Public Draft and Final Draft Monitoring Plan
6/30/23
Task 3. Pilot Monitoring Project 1/1/23-9/31/25
3.1 Identify and evaluate pilot project site locations 1/1/23-6/30/23
3.2 Implement pilot monitoring 6/30/23-6/30/25
3.3 Prepare Draft Pilot Monitoring Results Report and CCC staff review 8/30/25
3.4 Prepare Final Pilot Monitoring Results Report 9/31/25 Outcome/Deliverables:
a. Monitoring Results Report 9/31/25
Task 4. Revised Protocols 6/30/25 – 11/30/25
4.1 Reassess Monitoring Plan based on monitoring Results 6/30/25-10/30/25
4.2 Prepare Revised Final Monitoring Plan 11/30/25
Outcome/Deliverable:
Revised Regional Coastal Adaptation Monitoring Plan 11/30/25 Task 5. Local Coastal Program Amendment 3/1/25 – 7/30/26
5.1 Development of Draft LCP Amendment 3/1/25 – 11/30/25
5.2 Public release of Draft LCP Amendment and CCC staff review 11/30/25 -1/30/26
5.3 Revisions and public release of Final Draft LCP Amendment 1/30/26-2/30/26 6 5.4 Planning Commission and City Council review of Final Draft LCP Amendment 2/30/26-6/30/26
5.5 Submittal of LCP Amendment to CCC for review 6/30/26-7/30/26 Outcome/Deliverable:
a. LCP Amendment 7/30/26
D. BENCHMARK SCHEDULE [Please include a list of benchmarks, or milestones, with completion date, that can be used to track whether the project is progressing according to the schedule. This can be copied from the application and modified as needed.]
ACTIVITY COMPLETION DATE
Final Draft Regional Coastal Adaptation Monitoring Plan 6/30/23 Final Pilot Monitoring Results Report 9/31/25
Revised Final Regional Coastal Adaptation Monitoring Plan 11/30/25 Draft LCP Amendment 11/30/25
E. BUDGET
City of Santa Barbara CCC Grant
Total
Match/Other
Funds
Total (LCP
Grant Funds +
Match/ Other
Funds)
LABOR COSTS1
County/City Staff Labor
Task 1. Grant and Project Management $75,000 $35,000 $110,000 Task 2. Development of Regional
Coastal Adaptation Monitoring Plan $0 $0 $0
Task 3. Pilot Monitoring Project $0 $0 $0
Task 4. Revised Protocols $0 $0 $0
Task 5. LCP Amendment $20,000 $10,000 $30,000
Total Labor Costs $95,000 $45,000 $140,000
DIRECT COSTS
County/City Staff Project Supplies
Printing and Noticing $10,000 $0 $10,000
Pilot Monitoring Project Supplies $50,000 $0 $50,000
Total $60,000 $0 $60,000
County/City Staff Travel In State2
1 Amount requested should include total for salary and benefits. 2 Travel reimbursement rates are the same as similarly situated state employees. 7 City of Santa Barbara CCC Grant
Total
Match/Other
Funds
Total (LCP
Grant Funds +
Match/ Other
Funds)
Mileage $0 $0 $0
Hotel, etc. $0 $0 $0
Total $0 $0 $0
Consultants3/Partners
Task 1. Grant and Project Management $75,000 $0 $75,000 Task 2. Development of Regional
Coastal Adaptation Monitoring Plan $225,000 $0 $225,000 Task 3. Pilot Monitoring Project $150,000 $0 $150,000
Task 4. Revised Protocols $25,000 $0 $25,000
Task 5. LCP Amendment $0 $0 $0
Consultants Total $475,000 $0 $475,000
Total Direct Costs $535,000 $0 $535,000
OVERHEAD/INDIRECT COSTS4
Total County/City Staff
Overhead/Indirect Costs $0 $21,000 $21,000
TOTAL PROJECT COST $630,000 $66,000 $696,000
3 All consultants must be selected pursuant to a bidding and procurement process that complies with all applicable laws.
4 Indirect costs include, for example, a pro rata share of rent, utilities, and salaries for certain positions indirectly supporting the proposed project but not directly staffing it. Amount requested for indirect costs should be capped at 10% of amount requested for “Total Labor.” 8 SCOPE OF WORK
1. Grantee agrees to provide to the Commission project activities as described under the Scope of Work, attached hereto as Exhibit B.
2. The Project representatives during the term of this agreement, and the person authorized to sign grant amendments and RFFs on behalf of the grantee, will be:
3. Primary project contact:
State Agency:
California Coastal Commission
Grantee:
City of Santa Barbara
Name: Kelsey Ducklow
(“Grant Manager”)
Name: Alelia Parenteau, Acting
Sustainability and Resilience
Director
Address:
455 Market St. Suite 300
San Francisco, CA 94105
Address:
616 Laguna Street
Santa Barbara, CA 93101
Phone: (415) 904-2335 Phone: (805) 564-5474
Fax: (415) 904-5400 Fax:
Email: [email protected] Email:
[email protected]
State Agency:
California Coastal Commission
Grantee
City of Santa Barbara
Section/Unit: Section/Unit: Sustainability and
Resilience Department
Name: Name:Melissa Hetrick, Acting Energy and
Climate Manager
Address: Address:
616 Laguna Street
Santa Barbara, CA 93101
Phone: Phone: 805-897-2590
Fax: Fax:
Email: Email: [email protected]
9 WATERFRONT ADAPTATION PLANNING
Project Work Plan, Schedule, and Budget
City of Santa Barbara
Waterfront Adaptation Planning
Federal Tax ID#: 95-6000-787
Budget Summary:
CCC funding: $1,240,000
Other funding: $190,000
Total project cost: $1,430,000
Term of Project: May 2022-December 2025
A. PROJECT DESCRIPTION
This project includes shoreline master planning for the City’s low-lying public Waterfront and Harbor area south of Cabrillo Boulevard and related major technical studies needed to relocate and/or flood proof critical public and utility infrastructure located along the Waterfront. The project includes several of the near-term actions identified in the City of Santa Barbara SeaLevel Rise Adaptation Plan as “highest priority to initiate in the next few years” for the Waterfront and Harbor area:
1. A Wastewater and Water Systems Vulnerability and Adaptation Options Report to identify alternatives for relocating and flood proofing major sewer mains and water lines currently located under the beach and mid- and long-term options for the City’s wastewater and recycled water treatment plant (El Estero Water Resource Center); and
2. A 30-Year Waterfront Adaptation Plan that will be a shoreline masterplan for the public Waterfront and Harbor area. The plan will include: 1) an analysis of nature based and hybrid options for adaptation along the Waterfront to retain as much beach as possible while maintaining recreation uses; 2) a feasibility study and conceptual design for raising or modifying the existing Harbor Breakwater, groins, and walkway to maintain coastal dependent boating uses at the Harbor; and 3) an analysis of detailed triggers or thresholds for future adaptation actions at the Waterfront. The plan will also incorporate the chosen infrastructure relocation and flood proofing alternatives from the Wastewater and Water Systems Vulnerability and Adaptation Options Report. The final 30-Year Waterfront Adaptation Plan will be incorporated into the City’s 2019 Coastal Land Use Plan with a Local Coastal Program (LCP) Amendment following a bilingual public outreach and comment process.
10 B. TASKS
Task 1: Wastewater and Water Systems Vulnerability and Adaptation Options Report One of the most vulnerable facilities identified in the Adaptation Plan is an existing sewer trunk main and manholes located south of Cabrillo Boulevard under the beach that carries sewage from a large portion of town to the El Estero Water Resources Center to be treated. The existing pipeline and manholes are vulnerable to flooding during major storms and will be at risk from storm surge and erosion due to sea-level rise, which could result in extended shut downs of the El Estero Resource Center and sanitary sewer overflows. Because the City’s sewer system is a gravity-fed system, the trunk main cannot be relocated without affecting the hydraulics and functioning of the overall system. While the trunk main will be impacted with even 0.8’ of sealevel rise, by 6.6’ of sea-level rise the El Estero Water Resource Center located south of Highway 101 will also be affected by tidal inundation and flooding. Major water service lines are co-located with the sewer trunk main south of Cabrillo Boulevard. Additionally, the El Estero Water Resource Center is the treatment and distribution point for recycled water service in the City and additional water reuse projects in the future.
This task will be a comprehensive study of adaptation options for threatened portions of the wastewater and water systems, including relocation and redesign of portions of the systems, adaptation options for El Estero Water Resource Center (including partial relocation), and possible service point improvements. The analysis will study the feasibility and alternatives for relocating and flood proofing the existing sewer trunk main and other co-located infrastructure such as water mains and natural gas pipelines. A detailed evaluation of alternatives, feasibility, and order of magnitude cost estimates for all options to address impacted water and wastewater infrastructure south of Cabrillo Boulevard will be provided. Additionally the report will consider triggers for decision making on future adaptation options for the systems.
This task involves funds for a consultant to prepare the analysis and report and City staff to manage the project. The draft report will be released for public comment and reviewed by the SLR Subcommittee, Water Commission, and CCC staff.
Subtasks
1.1 Contracting, Project Kickoff, and Data Request
1.2 Development of Draft Wastewater and Water Systems Vulnerability and Adaptation Options Report
1.3 Public Website Release and Review of Draft Report by CCC staff, SLR Subcommittee, and Water Commission.
1.4 Revisions and Issuance of Final Report.
Deliverables: Draft and Final Wastewater and Water System Vulnerability and Adaptation Options Report
11 Task 2: 30-Year Waterfront Adaptation Plan
The City’s Waterfront is located south of Cabrillo Boulevard and spans from Leadbetter Beach to East Beach. The Waterfront is entirely publicly owned and includes important recreational, marina, and infrastructural assets, including an 1,100 slip marina, the Santa Barbara Harbor, and Stearns Wharf, that are already at risk during major storm events and which will experience increasing frequency and severity of flooding and erosion with sea-level rise. This task will be the development of a 30-Year Waterfront Adaptation Plan that will strive to continue coastal dependent, recreational, and beach access in this area, while preparing the Waterfront for increased hazards and moving critical infrastructure out of hazard prone areas to the extent feasible. The 30-year period considered in this plan will be the first phase of adaptation for the Waterfront and Harbor, with subsequent phases requiring significant changes that require additional study. Adaptation strategies identified for the 30-year waterfront adaptation plan will be in the context of longterm vulnerabilities and planning needs contained in the Sea-Level Rise Adaptation Plan.
Specifically, the 30-Year Waterfront Adaptation Plan will:
1. Analyze specific 30-year adaptation options and establish amounts of sea-level rise that should be designed for at the Harbor, Harbor Commercial area, parking areas, Stearns Wharf, Cabrillo Pavilion, restrooms, bike path, and other assets along the Waterfront in this timeframe;
2. Assess the feasibility and cost and benefits of options to raise or modify the existing Harbor breakwater, rock groin, sandspit, and walkway and wall spanning from the breakwater to the Harbor commercial area to retain coastal dependent boating uses;
3. Assess the feasibility of additional beach berm construction, dune creation, and sediment management to address 30-year vulnerabilities along the Waterfront;
4. Assess options for utilizing Harbor dredging sediment and other sand supplies;
5. Incorporate adaptation options for the sewer trunk main and collocated gas pipelines, water lines, and major utilities located along the Waterfront developed through the Wastewater and Water Systems Vulnerability and Adaptation Options Report described under Task 1; and
6. Establish specific triggers or thresholds for additional adaptation actions and planning along the Waterfront and Harbor.
This task involves funds for a consultant to prepare the analysis, plan, and bilingual outreach materials and to participate in public outreach events. The task also includes funds for City staff to manage the project and conduct public outreach. There will be a public comment period on the draft plan. Public outreach will include at least one bilingual public workshop as well as targeted meetings with stakeholders and community groups, including those that serve lowincome and minority populations. The plan will also be reviewed at public meetings of the SLR Subcommittee, Harbor Commission, Parks and Recreation Commission, and Water Commission.
CCC staff will review the draft plan for comments. Outreach efforts will utilize the City’s SLR website that will be upgraded with bilingual content concerning the plan. 12 Subtasks
2.1 Contracting, Project Kickoff, and Data Request
2.2 Analysis of impacts to Waterfront assets and adaptation options including potential for additional sediment management, beach berm construction, and dune creation.
2.3 Feasibility analysis of options to modify the Harbor breakwater and groins and preparation of conceptual plan. CCC staff review of draft conceptual plan.
2.4 Development of Public Draft 30-Year Waterfront Adaptation Plan
2.5 Public website release of Public Draft Plan, public workshop, other public outreach, and review by CCC staff, SLR Subcommittee, Water Commission, Harbor Commission, and Parks Commission.
2.6 Revisions and issuance of Final Draft Report.
2.7 City Council review of Final Draft Report
Deliverables: Harbor Breakwater Feasibility Study and Conceptual Plan; Public Draft, Final Draft, and Final 30-Year Waterfront Adaptation Plan
Task 3: Local Coastal Program Amendment
This task includes preparation of a draft LCP Amendment to incorporate the 30-Year Waterfront Adaptation Plan and associated studies into the 2019 Coastal Land Use Plan, which is part of the City’s fully certified LCP. CCC staff will be consulted prior to and following release of the draft LCP Amendment.
Subtasks
3.1 Development of Draft LCP Amendment
3.2 Public release of Draft LCP Amendment and concurrent public review process as Task
2.5 including public website release of Public Draft Plan, public workshop, other public outreach, and review by CCC staff, SLR Subcommittee, Water Commission, Harbor Commission, and Parks Commission.
3.3 Revisions and release of Final Draft LCP Amendment
3.4 City Council review of Final Draft LCP Amendment
3.5 Submittal of LCP Amendment to CCC for review
Deliverables: Draft and Final Draft Local Coastal Program Amendment Task 4: Grant Administration
This task will cover City staff time for administration of consultant contracts and the CCC grant. This includes development of request for proposals and contracts for consultants; administration of grant administrative records; invoicing; and submittal of fund requests and progress reports.
13 C. SCHEDULE
Task 1. Wastewater and Water Systems Vulnerability and
Adaptation Options Report 5/1/22 – 11/1/23
1.1 Contracting, Project Kickoff, and Data Request 5/1/22 – 10/1/22
1.2 Development of Draft Wastewater and Water Systems
Vulnerability and Adaptation Options Report 10/1/22 – 7/1/23
1.3 Public Website Release and Review of Draft Report by CCC staff, SLR Subcommittee, and Water Commission. 7/1/23 – 9/1/23
1.4 Revisions and Issuance of Final Report. 9/1/23 – 11/1/23 Outcome/Deliverables:
a. Final Wastewater and Water Systems Vulnerability and Adaptation Options Report
11/1/23
Task 2. 30-Year Waterfront Adaptation Plan 5/1/22 -4/1/25
2.1 Contracting, project kickoff, and data request 5/1/22 – 10/1/22
2.2 Analysis of impacts to Waterfront assets and adaptation options including potential for additional sediment
management, beach berm construction, and dune creation. 10/1/22 – 8/1/23
2.3 Feasibility analysis of options to modify the Harbor breakwater and groins and preparation of conceptual plan and CCC staff review of conceptual plan.
10/1/22 – 10/1/23
2.4 Development of Public Draft 30-Year Waterfront
Adaptation Plan 10/1/22 - 7/1/24
2.5 Public website release of Public Draft Plan, public workshop, other public outreach, and review by CCC staff, SLR Subcommittee, Water Commission, Harbor
Commission, and Parks Commission.
7/1/24 – 11/1/24
2.6 Revisions and issuance of Final Draft Report. 11/1/24 – 2/1/25
2.7 City Council review of Final Draft Report 2/1/25 – 4/1/25 Outcome/Deliverables:
a. Final 30-Year Waterfront Adaptation Plan 4/1/25
Task 3. Local Coastal Program Amendment 1/1/24 – 5/1/25
3.1 Development of Draft LCP Amendment 1/1/24 – 7/1/24
3.2 Public release of Draft LCP Amendment and concurrent public review process as Task 2.5 including public website release of Public Draft Plan, public workshop, other public outreach, and review by CCC staff, SLR Subcommittee,
Water Commission, Harbor Commission, and Parks
Commission.
7/1/24 – 11/1/24
3.3 Revisions and release of Final Draft LCP Amendment 11/1/24 – 2/1/25
3.4 City Council review of Final Draft LCP Amendment 2/1/25 – 4/1/25
3.5 Submittal of LCP Amendment to CCC for review 4/1/25 – 5/1/25 Outcome/Deliverables
a. LCP Amendment 5/1/25
Task 4. Grant Management Ongoing
14 D. BENCHMARK SCHEDULE [Please include a list of benchmarks, or milestones, with completion date, that can be used to track whether the project is progressing according to the schedule. This can be copied from the application and modified as needed.]
ACTIVITY COMPLETION DATE
Harbor Breakwater Feasibility Study and Conceptual Plan 10/1/23 Final Wastewater and Water Systems Vulnerability and
Adaptation Options Report 11/1/23
Final 30-Year Waterfront Adaptation Plan 4/1/25
Draft LCP Amendment 5/1/25
E. BUDGET
City of Santa Barbara CCC Grant
Total
Match/Other
Funds
Total (LCP
Grant Funds +
Match/ Other
Funds)
LABOR COSTS1
County/City Staff Labor
Task 1. Wastewater and Water Systems
Vulnerability and Adaptation Options
Report
$100,000 $50,000 $150,000
Task 2. 30-Year Waterfront Adaptation
Plan
$130,000 $60,000 $190,000
Task 3. Local Coastal Program
Amendment
$20,000 $20,000 $40,000
Task 4. Grant Management $20,000 $20,000
Total Labor Costs $270,000 $130,000 $400,000
DIRECT COSTS
County/City Staff Project Supplies
Printing and Noticing $5,000 $0 $5,000
Total $5,000 $0 $5,000
County/City Staff Travel In State2
Mileage $0 $0 $0
Hotel, etc. $0 $0 $0
1 Amount requested should include total for salary and benefits. 2 Travel reimbursement rates are the same as similarly situated state employees. 15 City of Santa Barbara CCC Grant
Total
Match/Other
Funds
Total (LCP
Grant Funds +
Match/ Other
Funds)
Total $0 $0 $0
Consultants3/Partners
Task 1. Wastewater and Water Systems
Vulnerability and Adaptation Options
Report
$500,000 $0 $500,000
Task 2. 30-Year Waterfront Adaptation
Plan
$465,000 $0 $465,000
Task 3. Local Coastal Program
Amendment
$0 $0 $0
Task 4. Grant Management $0 $0 $0
Consultants Total $965,000 $0 $965,000
Total Direct Costs $970,000 $0 $970,000
OVERHEAD/INDIRECT COSTS4
Total County/City Staff
Overhead/Indirect Costs $0 $60,000 $60,000
TOTAL PROJECT COST $1,240,000 $190,000 $1,430,000
3 All consultants must be selected pursuant to a bidding and procurement process that complies with all applicable laws.
4 Indirect costs include, for example, a pro rata share of rent, utilities, and salaries for certain positions indirectly supporting the proposed project but not directly staffing it. Amount requested for indirect costs should be capped at 10% of amount requested for “Total Labor.” 16 SCOPE OF WORK
1. Grantee agrees to provide to the Commission project activities as described under the Scope of Work, attached hereto as Exhibit B.
2. The Project representatives during the term of this agreement, and the person authorized to sign grant amendments and RFFs on behalf of the grantee, will be:
3. Primary project contact:
State Agency:
California Coastal Commission
Grantee:
City of Santa Barbara
Name: Kelsey Ducklow
(“Grant Manager”)
Name: Brian D’Amour, Acting Airport
Director
Address:
455 Market St. Suite 300
San Francisco, CA 94105
Address:
601 Norman Firestone Road
Santa Barbara, CA 93117
Phone: (415) 904-2335 Phone: (805) 692-6001
Fax: (415) 904-5400 Fax:
Email: [email protected] Email: [email protected] State Agency:
California Coastal Commission
Grantee
City of Santa Barbara
Section/Unit: Section/Unit: Airport
Name: Name:Sara Iza, Airport Development
Manager
Address: Address:
601 Norman Firestone Road
Santa Barbara, CA 93117
Phone: Phone: 805-692-6023
Fax: Fax:
Email: Email: [email protected]
17 AIRPORT AND GOLETA SLOUGH CLIMATE ADAPTATION PLAN
Project Work Plan, Schedule, and Budget
City of Santa Barbara
Airport and Goleta Slough Climate Adaptation Plan
Federal Tax ID#: 95-6000-787
Budget Summary:
CCC funding: $245,000
Other funding: $263,500
Total project cost: $508,500
Term of Project: May 2022-December 2025
A. PROJECT DESCRIPTION
This project includes an infrastructure vulnerability assessment, sea-level rise adaptation plan, and Local Coastal Program (LCP) update for the Airport Segment of the City of Santa Barbara’s Coastal Zone. The Airport LCP was last updated and certified by the California Coastal Commission in 2003. The project builds upon two major planning efforts that the City has already completed utilizing grant funding from the Federal Aviation Administration, the US Fish and Wildlife Service Coastal Conservancy, UC Santa Barbara Associated Students, County of Santa Barbara Coastal Resource Enhancement Fund, Goleta West Sanitary District, and the Goleta Valley Land Trust: The 2015 Goleta Slough Area Sea Level Rise and Management Plan (Management Plan) and the 2017 Santa Barbara Airport Master Plan (Master Plan).
B. TASKS
Task 1: Sea-Level Rise Vulnerability Assessment and Risk Evaluation Santa Barbara Airport is one of the most vulnerable aviation facilities in the State of California and is regularly exposed to flooding, with flooding severe enough to close the airfield occurring in 1995, 1998, and 2018. Conveyance of floodwater is challenging because the airfield is a several hundred acre and nearly flat facility at the bottom of the watershed, and also dominated by impervious surfaces. This task will update hazard analysis conducted for the Management Plan and Master Plan utilizing up to date sea-level rise projections from the State of California and new coastal hazard modelling information to analyze near, mid, and long-term conditions (2030, 2060, 2100) under both low and medium-high risk scenarios. This, along with rising groundwater level produced by USGS, will be used to assess vulnerabilities to the Airport area assets.
18 Following completion of an assessment of the resources at risk from sea level rise impacts, the project will consider the risk exposure to both the Airport and Goleta Slough on two dimensions:
1) uncertainty, which will be analyzed and assessed using a range of sea-level rise projections; and 2) impacts or consequences which will require a combination of quantitative assessments by the consultant and qualitative assessments by the community. Risks associated with the Airport’s critical infrastructure will include potential damage as well as service disruption and cost.
Economic costs of service disruption and repairing or replacing airfield infrastructure will be quantitatively characterized, while impacts to the Goleta Slough Ecological Reserve will be estimative qualitatively.
This task involves funds for a consultant to prepare the analysis and report and City staff to manage the project. The draft report will be reviewed by the SLR Subcommittee, Airport Commission, and CCC staff.
Subtasks
1.1 Contracting, Project Kickoff, and Data Request
1.2 Development of Draft Sea-Level Rise Vulnerability Assessment and Risk Evaluation
1.3 Public Website Release and Review of Draft Report by CCC staff, SLR Subcommittee, and Airport Commission.
1.4 Revisions and Issuance of Final Report.
Deliverables: Draft and Final Santa Barbara Airport Sea-Level Rise Vulnerability Assessment and Risk Evaluation
Task 2: Sea-Level Rise Adaptation Plan
The Santa Barbara Airport is entirely publicly owned and includes important transportation, utility, and coastal resource assets that are already at risk during major storm events and which will experience increasing frequency and severity of flooding and erosion with sea-level rise.
This task will be a comprehensive study of adaptation options for threatened portions of the Airport, including relocation and redesign of underground utilities and adaptation options for the built environment including the airfield. The analysis will study the feasibility and alternatives for relocating and flood proofing existing infrastructure such as water mains, sewer, and natural gas pipelines. A detailed evaluation of alternatives, feasibility, and order of magnitude cost estimates for all options to address transportation infrastructure in the Airport Segment will be provided. Additionally the report will consider triggers for decision making on future adaptation options for the systems. This task will develop an Adaptation Plan that will strive to continue aviation transportation and coastal resource protection in this area, while preparing the Airport for increased hazards and planning for the relocation of critical infrastructure out of hazard prone areas to the extent feasible. Specifically, the Adaptation Plan will:
• Analyze adaptation options for the near, mid-, and long term with an emphasis on what should be prioritized in the near-term;
19 • Establish what amount of sea-level rise should be designed for at the Santa Barbara Airport for an approximate 30-year planning horizon.;
• Assess the feasibility an cost and benefits of options to raise or modify the existing airfield or consider construction of defensive structures such as levies to retain a safe and functional airfield;
• Assess options for utilizing flood control dredged sediment for accretion in the Goleta Slough;
• Incorporate adaptation options for the major utilities located along the margin of the Goleta Slough developed through the Vulnerability Assessment under Task 1; and • Establish specific triggers or thresholds for additional mid- and long-term adaptation actions and planning.
This task involves funds for a consultant to prepare the analysis and plan and to support City staff as they conduct public outreach and the public comment period. Public outreach will include at least one public workshop, as well as review of the plan at public meetings of the SLR Subcommittee and Airport Commission. CCC staff will review the draft plan for comments.
Outreach efforts will utilize the Airport’s website, involve materials in both Spanish and English, and specifically target outreach to vulnerable communities.
Subtasks
2.1 Feasibility analysis of options to modify the airfield and existing buildings and preparation of conceptual plan
2.2 Development of Public Draft Sea-Level Rise Adaptation Plan
2.3 Public website release of Public Draft Plan, public workshop, and review by CCC staff, SLR Subcommittee, Airport Commission.
2.4 Revisions and issuance of Final Draft Report.
2.5 City Council review of Final Draft Report
Deliverables: Public Draft, Final Draft, and Final Santa Barbara Airport Sea-Level Rise Adaptation Plan
Task 3: Local Coastal Program Amendment
This task includes preparation of a draft Airport and Goleta Slough LCP Amendment to incorporate the Airport and Goleta Slough Sea-Level Rise Adaptation Plan and associated studies into the 2003 Airport and Goleta Slough Coastal Plan, which is part of the City’s fully certified LCP. CCC staff will be consulted prior to and following release of the draft LCP Amendment.
Subtasks
3.1 Development of Draft LCP Amendment
20 3.2 Public release of Draft LCP Amendment and concurrent public review process as Task 3.3, including CCC staff review
3.3 Revisions and release of Final Draft LCP Amendment
3.4 City Council review of Final Draft LCP Amendment
3.5 Submittal of LCP Amendment to CCC for review
Deliverables: Draft and Final Draft Airport and Goleta Slough Local Coastal Program Amendment
Task 4: Project Management
Management of the project, grant, and contract will be conducted by Santa Barbara Airport staff with funds identified in the Airport Operating Fund.
21 C. SCHEDULE
Task 1. Vulnerability Assessment and Risk Evaluation 5/1/22 – 12/1/23
1.1 Contracting, Project Kickoff, and Data Request 5/1/22 – 10/1/22
1.2 Development of Draft Vulnerability Assessment and Risk Evaluation 10/1/22 – 8/1/23
1.3 Public Website Release and Review of Draft Report by CCC staff, SLR Subcommittee, and Airport Commission. 8/1/23 – 10/1/23
1.4 Revisions and Issuance of Final Report. 10/1/23 – 12/1/23 Outcome/Deliverables:
a. Final Santa Barbara Airport Sea-Level Rise
Vulnerability Assessment and Risk Evaluation
12/1/23
Task 2. Climate Adaptation Plan 8/1/23 -4/1/25
2.1 Feasibility analysis of options to modify the airfield and existing buildings and preparation of conceptual plan 10/1/22 – 10/1/23
2.2 Development of Public Draft Climate Adaptation Plan 10/1/22 - 7/1/24
2.3 Public website release of Public Draft Plan, public workshop, and review by CCC staff, SLR Subcommittee,
Airport Commission.
7/1/24 – 11/1/24
2.4 Revisions and issuance of Final Draft Report. 11/1/24 – 2/1/25
2.5 City Council review of Final Draft Report 2/1/25 – 4/1/25 Outcome/Deliverables:
a. Final Climate Adaptation Plan 4/1/25
Task 3. Local Coastal Program Amendment 1/1/24 – 5/1/25
3.1 Development of Draft LCP Amendment 1/1/24 – 7/1/24
3.2 Public release of Draft LCP Amendment and concurrent public review process as Task 3.3, including CCC staff
review
7/1/24 – 11/1/24
3.3 Revisions and release of Final Draft LCP Amendment 11/1/24 – 2/1/25
3.4 City Council review of Final Draft LCP Amendment 2/1/25 – 4/1/25
3.5 Submittal of LCP Amendment to CCC for review 4/1/25 – 5/1/25 Outcome/Deliverables
a. LCP Amendment 5/1/25
Task 4. Project Management Ongoing
D. BENCHMARK SCHEDULE
ACTIVITY COMPLETION DATE
Final Vulnerability Assessment and Risk Assessment 12/1/23 Final Climate Adaptation Plan 4/1/25
Draft LCP Amendment 5/1/25
22 BUDGET
City of Santa Barbara CCC Grant
Total
Match/Other
Funds
Total (LCP
Grant Funds +
Match/ Other
Funds)
LABOR COSTS1
City Staff Labor
Task 1. Vulnerability Assessment and
Risk Evaluation
$0 $70,000 $70,000
Task 2. Climate Adaptation Plan $0 $50,000 $50,000
Task 3. Local Coastal Program
Amendment
$0 $50,000 $50,000
Task 4. Grant Management $0 $30,000 $30,000
Total Labor Costs $0 $200,000 $200,000
DIRECT COSTS
City Staff Project Supplies
Printing and Noticing $5000 $5,000
Total $5000 $5,000
Consultants2/Partners
Task 1. Vulnerability Assessment and
Risk Evaluation
$125,000 $0 $90,000
Task 2. Climate Adaptation Plan $70,000 $0 $70,000
Task 3. Local Coastal Program
Amendment
$50,000 $0 $50,000
Task 4. Grant Management $0 $0 $0
Consultants Total $245,000 $0 $245,000
Total Direct Costs $245,000 $5,000 $245,000
OVERHEAD/INDIRECT COSTS3
Total City Staff Overhead/Indirect
Costs $0 $58,500 $58,500
TOTAL PROJECT COST $245,000 $263,500 $508,500
1 Amount requested should include total for salary and benefits. 2 All consultants must be selected pursuant to a bidding and procurement process that complies with all applicable laws.
3 Indirect costs include, for example, a pro rata share of rent, utilities, and salaries for certain positions indirectly supporting the proposed project but not directly staffing it. Amount requested for indirect costs should be capped at 10% of amount requested for “Total Labor.” 23 RESOLUTION NO. ___
A RESOLUTION OF THE COUNCIL OF THE CITY OF
SANTA BARBARA AMENDING RESOLUTION NO. 21-045,
ADOPTING THE BUDGET FOR FISCAL YEAR 2022, FOR
SEA-LEVEL RISE ADAPTATION GRANTS
WHEREAS, in accordance with the City Charter, the City Administrator filed with the Council a proposed budget for the fiscal year beginning July 1, 2022; WHEREAS, the City Council is required to adopt a budget before the beginning of the fiscal year on July 1, 2022;
WHEREAS, the City Charter provides that at any public meeting after the adoption of the budget, the City Council may amend or supplement the budget by motion adopted by the affirmative votes of at least a majority of the total members of the City Council; and WHEREAS, the City Council desires to amend the adopted budget to account for the acceptance of three California Coastal Commission Round 7 Local Coastal Program Grant Program grants totaling $2,115,000.
NOW, THEREFORE, be it resolved by the Council of the City of Santa Barbara as follows:
Section 1. The Council accepts three California Coastal Commission (CCC) Round 7 Local Coastal Program (LCP) Grant Program grants totaling $2,115,000.
Section 2. In accordance with the provisions of Section 1205 of the City Charter, the budget for the fiscal year 2022, as adopted by Resolution No. 21-045, is hereby amended to allocate the grant funds as follows:
1. The Council approves an increase in revenue appropriations and expenditure appropriations by $630,000 in the Fiscal Year 2022 Sustainability and Resilience Miscellaneous Grants Fund budget to fund the Regional Coastal Adaptation Monitoring Program.
2. The Council approves an increase in revenue appropriations and expenditure appropriations by $1,240,000 in the Fiscal Year 2022 Sustainability and Resilience Miscellaneous Grants Fund budget to fund Waterfront Adaptation Planning.
3. The Council approves an increase in revenue appropriations and expenditure appropriations by $245,000 in the Fiscal Year 2022 Airport Department Grants Fund budget to fund the Airport and Goleta Slough Climate Adaptation Plan.
CITY OF SANTA BARBARA
COUNCIL AGENDA REPORT
AGENDA DATE: May 3, 2022
TO: Mayor and Councilmembers
FROM: Energy and Climate Division, Sustainability and Resilience Department
SUBJECT: Update On Recent Activities And Accomplishments Of The Beach Erosion Authority For Clean Oceans And Nourishment
RECOMMENDATION:
That Council receive a presentation from the Beach Erosion Authority For Clean Oceans And Nourishment (BEACON) on recent activities and accomplishments.
DISCUSSION:
The City of Santa Barbara is a founding, dues-paying member of BEACON, a Joint Powers Agency (JPA) of Santa Barbara and Ventura counties, as well as the six coastal cities of Goleta, Santa Barbara, Carpinteria, Ventura, Oxnard, and Port Hueneme.
BEACON is responsible for regional sediment management, sea-level rise adaptation, beach restoration, and protecting ocean water quality along the shoreline of the two counties. Santa Barbara County Supervisor Gregg Hart, who serves as Chair of the BEACON Board of Directors and Marc Beyeler, BEACON’s Executive Director, will report on the recent activities and accomplishments of BEACON and answer questions from Council.
Background:
BEACON has been operating as a JPA since 1987, with an original focus on mitigating beach erosion. Since its formation, BEACON has evolved and strengthened its complementary goals of addressing beach erosion, beach restoration, protection of coastal water quality, planning for regional sediment management and, most recently, planning for regional sea-level rise adaptation. BEACON’s goals and objectives, along with implementation priorities, are contained within the BEACON Strategic Plan 2021- 2026.
Agenda Item No. 9
File Code No. 630.02
Council Agenda Report
Update On Recent Activities And Accomplishments Of The Beach Erosion Authority For Clean Oceans And Nourishment
May 3, 2022
BEACON has managed many regional sediment management projects and programs, including creation of the Coastal Regional Sediment Management Plan (CRSMP), support for long-term monitoring of beach conditions, and development of an opportunistic regional beach nourishment permit framework. BEACON is coordinating closely with its local member agencies in the development of regional sea-level rise adaptation projects and has been a strong partner in local member agency efforts to develop and fund resilience shoreline improvement and restoration projects. Past projects include the Rincon Oil Piers Reef Demonstration Project, the Surfers Point Living Shoreline and Managed Retreat Project along the main Ventura waterfront, and the redesign of select debris basins along the south coast of Santa Barbara County to introduce innovative debris basin design elements to promote sediment transport.
Additionally, BEACON supports and assists local member agencies with planning and implementation of resilience projects at locations such as Goleta Beach with Santa Barbara County Parks, at Carpinteria City Beach with the City of Carpinteria, at Mondo’s Cove with Ventura County Parks in Ventura, and at Hueneme City Beach with the City of Port Hueneme and Ventura County Channel Islands Harbor.
Recently, BEACON partnered with the City of Santa Barbara to obtain California Coastal Commission funding to create a Regional Coastal Adaptation Monitoring Program for the coastal areas spanning Santa Barbara and Ventura Counties. The monitoring program is key to implementing local jurisdictions’ adaptation programs with a data-driven approach, including tracking how soon actions are needed and the effectiveness and impacts of adaptation projects as they are implemented and was identified in the City’s Sea-Level Rise Adaptation Plan as the highest priority action to implement. Between 2022 and 2025, BEACON will manage the development of the regional monitoring program through a stakeholder process and conduct two years of pilot monitoring.
BEACON has become an essential tool in the governance toolkit available to local governments to address regional solutions to coastal erosion and sea-level rise.
BUDGET/FINANCIAL INFORMATION:
The City of Santa Barbara pays annual membership dues that fund the operation of BEACON. The City of Santa Barbara dues for FY2022 were $42,243. The BEACON Board is proposing to increase the City’s FY2023 dues to $44,397 in order to account for inflation. These new rates are scheduled for final approval at BEACON’s upcoming board meeting in May.
Dues have historically been paid entirely by the Waterfront Department’s operating budget and are included the Waterfront’s budget for the next fiscal year. BEACON’s staff leverage the member dues with grant funds from a range of agencies, including the California Ocean Protection Council, California Department of Boating and Waterways, California Coastal Conservancy, and California Coastal Commission to conduct projects and studies.
Council Agenda Report
Update On Recent Activities And Accomplishments Of The Beach Erosion Authority For Clean Oceans And Nourishment
May 3, 2022
PREPARED BY: Melissa Hetrick, Acting Energy and Climate Program Manager SUBMITTED BY: Alelia Parenteau, Acting Sustainability and Resilience Director APPROVED BY: City Administrator's Office