Agenda packet — Santa Barbara City Council, May 10, 2022

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 10, 2022, 2:00 PM
AGENDA
COUNCIL CHAMBERS, CITY HALL, 735 ANACAPA STREET
AND 1733 CHINO STREET
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. The 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 Chambers 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. 05/10/2022 Santa Barbara City Council Final Agenda Page 1 MAY 10, 2022 AGENDA

ORDER OF BUSINESS
12:00 p.m. - Special Ordinance Committee Meeting, Council Chambers and 1733 Chino Street
12:00 p.m. - Special Finance Committee Meeting, David Gebhard Public Meeting Room, 630 Garden Street
2:00 p.m. - City Council Meeting
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 Finance Committee hear a report from staff, in connection with the Recommended Budget for Fiscal Year 2023, on proposed changes to Enterprise Fund fees.

SPECIAL ORDINANCE COMMITTEE MEETING - 12:00 P.M. IN THE COUNCIL CHAMBER AND 1733 CHINO STREET (120.03)
Subject: Introduction Of Ordinance To Amend Municipal Code Section

10.60.030 To Change The One-Way Designation On The 400 Block of Anacapa Street
Recommendation: That the Ordinance Committee forward to Council for introduction an Ordinance of the Council of the City of Santa Barbara Amending the Municipal Code by Amending Section 10.60.030 to Change the One-way Designation on the 400 Block of Anacapa Street.
05/10/2022 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: Community Action Month: May 2022

CHANGES TO THE AGENDA

PUBLIC COMMENT

CONSENT CALENDAR

2. Subject: Minutes
Recommendation: That Council waive reading and approve the minutes of the regular meeting of April 19, 2022, and the special meetings of February 11, 2021; and April 22, 2022.

3. Subject: Introduction Of An Ordinance For Assignment And Assumption Of Lease Agreement No. 23,328 From Waterfront Food Group LLC, To CoOwners Ms. Amy Rose, Mr. Bryan Deminie, And Mr. Dennis Longaberger, For The Restaurant Space Located At 113 Harbor Way (330.04) Recommendation: That Council introduce and subsequently adopt, by reading of title only, an Ordinance of the Council of the City of Santa Barbara Authorizing the Waterfront Director to Execute, Subject to Approval as to Form by the City Attorney, the Consent to Assignment and Assumption of Lease Agreement No. 23,328 From Waterfront Food Group LLC, to Co-Owners, Ms. Amy Rose, Mr.

Bryan Deminie, and Mr. Dennis Longaberger, for the Restaurant Space Located at 113 Harbor Way, Commencing Upon the Effective Date of the Enabling Ordinance.
05/10/2022 Santa Barbara City Council Final Agenda Page 3

4. Subject: Introduction Of An Ordinance For Assignment And Assumption Of Lease Agreement No. 27,073 From Waterfront Food Group LLC, To CoOwners Ms. Amy Rose, Mr. Bryan Deminie, And Mr. Dennis Longaberger, For The Restaurant Space Located At 113 Harbor Way (330.04) Recommendation: That Council introduce and subsequently adopt, by reading of title only, an Ordinance of the Council of the City of Santa Barbara Authorizing the Waterfront Director to Execute, Subject to Approval as to Form by the City Attorney, the Consent to Assignment and Assumption of Lease Agreement No. 27,073 From Waterfront Food Group LLC, to Co-Owners Ms. Amy Rose, Mr. Bryan Deminie, and Mr. Dennis Longaberger, for the Restaurant Space Located at 113 Harbor Way, Commencing Upon the Effective Date of the Enabling Ordinance.

5. Subject: Adoption Of Resolution Regarding Appropriations For The El Estero Water Resource Center Electrical Distribution Renewal Project, And Contract For Pre-Bid Construction Management Services And Constructability Review (540.13)
Recommendation: That Council:

A. Authorize the Public Works Director to execute a City Professional Services contract with Mimiaga Engineering Group in the amount of $235,626 for pre-bid construction management services and constructability review for the El Estero Water Resource Center Electrical Distribution Renewal Project, and authorize the Public Works Director to approve expenditures of up to $23,563 for extra services that may result from necessary changes in the scope of work; and
B. Adopt a Resolution of the Council of the City of Santa Barbara Amending Resolution No. 21-045, Adopting the Budget for Fiscal Year 2022, to Allocate Available Appropriations for the El Estero Water Resource Center Electrical Distribution Renewal Project.
05/10/2022 Santa Barbara City Council Final Agenda Page 4

6. Subject: Closing Budget Actions For 2021 Electoral Redistricting Recommendation: That Council:

A. Authorize the City Administrator to execute an amended professional services agreement to increase the not to exceed amount from $50,000 to $60,750 and pay National Demographics Corporation $60,750 for services rendered during the 2021 Electoral Redistricting Process; B. Authorize the City Attorney to increase the not to exceed amount from $40,000 to $83,437 and pay JAMS (Judicial Arbitration and Mediation Service) the final invoice of $51,657.20 for the services of Judges Melinda Johnson (Ret.) and Elizabeth Allen White (Ret.) rendered during the 2021 Electoral Redistricting Process; and
C. Authorize the City Attorney to increase the not to exceed amount from $20,000 to $60,988 and pay Signature Resolution the final invoice of $42,500.01 for the services of Judge Abraham Khan (Ret.) rendered during the 2021 Electoral Redistricting Process.

7. Subject: Authorize The Community Development Director To Execute A Memorandum Of Agreement For Historic Designation And Preservation Of Fremont Hall And The Operation Maintenance Shop At 3237 State Street (640.06)
Recommendation: That Council authorize the Community Development Director to execute a Memorandum of Agreement with the U.S. Department of Health and Human Services regarding historic designation and preservation of the U.S. Army Reserve Center located at 3237 State Street.

8. Subject: Approval Of Agreement With Southern California Edison For Renewable Energy Allocation On Behalf Of Santa Barbara Clean Energy Recommendation: That Council accept a voluntary allocation of long-term renewable energy attributes from Southern California Edison (SCE) on behalf of Santa Barbara Clean Energy, as part of its payment of the Power Charge Indifference Adjustment (PCIA) and authorize the City Administrator to execute the Voluntary Allocation Agreement with SCE.
05/10/2022 Santa Barbara City Council Final Agenda Page 5

9. Subject: Contract For Biological Monitoring At The Andrée Clark Bird Refuge Restoration Project (570.05)
Recommendation: That Council authorize the Parks and Recreation Director to execute a Professional Services Agreement with Kisner Restoration and Ecological Consulting, Inc. in the amount of $98,422 for biological consulting services related to implementation of the Andrée Clark Bird Refuge Restoration Project.

10. Subject: Contract For Environmental Laboratory Accreditation, Implementation, And Support Services (630.06)
Recommendation: That Council:

A. Authorize the Public Works Director to award a Professional Services Contract to A2LA Workplace Training, Inc., in the amount of $148,300 for laboratory environmental accreditation, implementation, and support services; and approve expenditures of up to $14,830 for extra services that may result from necessary changes in the scope of work; and B. Authorize the Public Works Director to exercise up to three one-year renewal options with A2LA Workplace Training, Inc., to provide quality control services in the annual amount of $83,000.

This concludes the Consent Calendar.

REPORT FROM THE FINANCE COMMITTEE

REPORT FROM THE ORDINANCE COMMITTEE

CITY COUNCIL ADMINISTRATIVE AND ATTORNEY REPORTS

PUBLIC WORKS DEPARTMENT
05/10/2022 Santa Barbara City Council Final Agenda Page 6

11. Subject: Adoption Of Resolution Regarding Appropriations For Contract For Construction Of Fiscal Year 2022A Pavement Maintenance Project And Contract For Design Of Fiscal Year 2023 Pavement Maintenance Projects (530.04)
Recommendation: That Council:

A. Award a contract with American Asphalt South, Inc., in their low bid amount of $2,101,550 for construction of the Fiscal Year 2022A Pavement Maintenance Project, Bid No. 4070; and authorize the Public Works Director to execute the contract and approve expenditures up to $210,155 to cover any cost increases that may result from contract change orders for extra work and differences between estimated bid quantities and actual quantities measured for payment;
B. Authorize the Public Works Director to execute a contract with Flowers & Associates, Inc., in the amount of $252,636 for construction support services for the Fiscal Year 2022A Pavement Maintenance Project, and approve expenditures of up to $25,264 for extra services of Flowers & Associates, Inc., that may result from necessary changes in the scope of work;
C. Authorize the Public Works Director to execute a contract with Flowers & Associates, Inc., in the amount of $337,492 for design services for the Fiscal Year 2023 Pavement Maintenance Projects, and approve expenditures of up to $33,749 for extra services of Flowers & Associates, Inc., that may result from necessary changes in the scope of work; and D. Adopt a Resolution of the Council of the City of Santa Barbara Amending Resolution No. 21-045, Adopting the Budget for Fiscal Year 2022, to Appropriate Reserves for Pavement Maintenance Contracts.

12. Subject: Update On Santa Barbara County Association Of Governments Broadband Strategic Plan
Recommendation: That Council receive and comment on a presentation by the Santa Barbara County Association of Governments and the Broadband Consortium of the Pacific Coast.

COUNCIL AND STAFF COMMUNICATIONS

COUNCILMEMBER COMMITTEE ASSIGNMENT REPORTS

PUBLIC COMMENT (IF NECESSARY)

ADJOURNMENT

CITY OF SANTA BARBARA

SPECIAL FINANCE COMMITTEE MEETING

MEETING AGENDA
DATE: May 10, 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_joOZoPCxToOPixorNA8BGg Webinar ID: 883 2361 5057
Passcode: 657735
After registering, you will receive a confirmation email containing information about joining the webinar.
 Telephone: Dial 1-669-900-6833, Enter Webinar ID: 883 2361 5057 (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:

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 Enterprise Fund fees.

File Code No. 120.03

CITY OF SANTA BARBARA

FINANCE COMMITTEE AGENDA REPORT
AGENDA DATE: May 10, 2022
TO: Finance Committee
FROM: Administration Division, Finance Department
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 Enterprise Fund fees.

DISCUSSION:

On Tuesday, April 19, 2022, the Recommended Budget for Fiscal Year 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 Enterprise Fund proposed fee changes (excluding utility rates).

The next meeting for the Committee’s budget review is scheduled on Tuesday, May 17, 2022, from 12:00 p.m. – 1:45 p.m. when the Committee will review staff recommended adjustments to recommended budget, and develop final recommendations to Council.

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

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

ORDINANCE COMMITTEE MEETING

SPECIAL MEETING AGENDA
DATE: May 10, 2022 Kristen W. Sneddon, Chair
TIME: 12:00 p.m. Oscar Gutierrez
PLACE: Council Chambers Mike Jordan
Office of the City Office of the City
Administrator Attorney
Nicole Grisanti Ariel Pierre Calonne
Supervisor, City Administrator’s Office City Attorney
Members of the public may participate in person or via Zoom. Zoom instructions are below.  Web: (Participation via Zoom)
Registration Link
https://santabarbaracagov.zoom.us/j/82866296754?pwd=T2xmM1NZNEZ4VlI5ZjRRTnhWZjNEQT09 Passcode: 067033
Or One tap mobile :

US: +16699006833,,82866296754# or +12532158782,,82866296754# Or Telephone:

Dial(for higher quality, dial a number based on your current location):

US: +1 669 900 6833 or +1 253 215 8782 or +1 346 248 7799 or +1 301 715 8592 or +1 312 626 6799 or +1 929 436 2866
Webinar ID: 828 6629 6754
International numbers available: https://santabarbaraca-gov.zoom.us/u/kbalqAZVDr After registering, you will receive a confirmation email containing information about joining the webinar.  (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 when their item is called. When persons are called on to speak, their microphone will be activated by City staff and the speaker will be notified that they can now unmute themselves in order to begin speaking. The speaker will then need to unmute themselves by selecting the ‘mute/unmute’ icon or pressing Option+Y for MAC users or Alt+Y for Windows users on their keyboard.

For those who need accessibility accommodation in using the “raise hand” function and/or registering to participate in the ZOOM session, please contact the City Administrator’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 the item on which they wish to speak.

Ordinance Committee Agenda
May 10, 2022

Page 2 ends

ITEMS FOR CONSIDERATION

1. SUBJECT: Introduction Of Ordinance To Amend Municipal Code Section

10.60.030 To Change The One-Way Designation On The 400 Block of Anacapa Street
RECOMMENDATION: That the Ordinance Committee forward to Council for introduction an Ordinance of the Council of the City of Santa Barbara Amending the Municipal Code by Amending Section 10.60.030 to Change the One-way Designation on the 400 Block of Anacapa Street.

CITY OF SANTA BARBARA

ORDINANCE COMMITTEE AGENDA REPORT
AGENDA DATE: May 10, 2022
TO: Ordinance Committee
FROM: Streets Operations and Infrastructure Division, Public Works Department
SUBJECT: Introduction Of Ordinance To Amend Municipal Code Section

10.60.030 To Change The One-Way Designation On The 400 Block of Anacapa Street
RECOMMENDATION:

That the Ordinance Committee forward to Council for introduction an Ordinance of the Council of the City of Santa Barbara Amending the Municipal Code by Amending Section

10.60.030 to Change the One-way Designation on the 400 Block of Anacapa Street.

DISCUSSION:

The conversion of the 400 block of Anacapa Street (between Gutierrez Street and Haley Street) from a one-way street to a two-way street is a project identified in the City’s Five Year Capital Improvement Program to improve circulation. To implement the conversion from a one-way street to a two-way street, changes are needed to the signs, pavement markings, and traffic signal at Anacapa and Haley Streets. The 400 block of Anacapa Street is scheduled to be repaved this summer, making this an ideal time for the conversion. An update to the Schedule of One-Way Streets in the Santa Barbara Municipal Code is required.

Anacapa Street, between Haley Street and Gutierrez Street, is currently a one-way southbound street. As a result, motorists on Anacapa Street (south of Haley Street) and Gutierrez Street (between Santa Barbara Street and Anacapa Street) are forced to circulate through the State Street and Gutierrez Street intersection. See Attachment 1 for an illustration of this circulation pattern. This increases the traffic burden on the State and Gutierrez Street intersection and the 400 block of State Street. This area of State Street has a pattern of pedestrian and bicycle-involved collisions. Reducing the traffic burden on this area of State Street will improve safety for all road users.

Staff recommends converting the 400 block of Anacapa Street into a two-way street. This would improve traffic circulation in the area and divert some vehicular traffic away from the highly used pedestrian crossings on State Street.

Ordinance Committee Agenda Report
Introduction Of Ordinance To Amend Municipal Code Section 10.60.030 To Change The One-Way Designation On The 400 Block of Anacapa Street
May 10, 2022

Page 2 ends

Improved Local Access and Reduced Vehicle Miles Traveled A benefit of the two-way configuration is improved local access for residents and businesses in the area. By providing a more direct route for motorists to travel east/north, the traffic originating from these blocks would no longer need to circulate around three city blocks to travel east. The result is reduced travel times and Vehicle Miles Traveled (VMT). The proposed two-way configuration of Anacapa Street would result in a 1 to 2 minute reduction in travel time and 114 fewer VMT per day on average.

In addition to improved circulation during normal operations, the two-way street would also provide an alternative route when there is a special event or an incident restricting traffic flow at the State Street and Gutierrez Street intersection.

See Attachment 1 for an illustration of the existing circulation versus the alternative circulation with a two-way 400 block of Anacapa Street.

Pedestrian Safety on State Street
The proposed two-way configuration would improve pedestrian safety along State Street, with its intersections of Gutierrez Street and Haley Street. These intersections have thousands of pedestrian crossings each day, which can result in increased delays and conflicts with turning traffic. By providing the alternate route along the proposed two-way 400 block of Anacapa Street, drivers intending to travel east/north would not be forced through these two intersections, thereby reducing the total number of conflict points between pedestrians and vehicles.

Vehicular Traffic Forecast
Staff performed traffic counts in the area to determine how many additional trips would be expected on the 400 block of Anacapa Street with the alternative two-way configuration. Based on those traffic counts, as well as field observations, approximately 40 percent of vehicular trips originating from the study area intend to travel east and would use the proposed northbound direction of Anacapa. This would result in approximately 600 additional daily vehicular trips on the 400 block of Anacapa Street as summarized below:
 During the peak hour, on average, there would be one northbound vehicle every one minute.
 During off-peak hours, on average, there would be one northbound vehicle every two minutes.

Ordinance Committee Agenda Report
Introduction Of Ordinance To Amend Municipal Code Section 10.60.030 To Change The One-Way Designation On The 400 Block of Anacapa Street
May 10, 2022

Page 3 ends

Public Engagement
Public meetings have been held to inform the public and solicit feedback:
 In 2016, prior to entry into the City’s Five Year Capital Improvement Program, a public meeting was hosted at 630 Garden Street. Some residents on the 400 block of Anacapa Street opposed the change due to increased traffic volumes. As mentioned previously, additional traffic will average one vehicle per minute during the peak hour.
 On February 9, 2022, a virtual meeting was held to provide an update and solicit feedback. Again, some residents on the 400 block of Anacapa Street opposed the change due to increased traffic volumes.
 On February 24, 2022, the change was presented to the Transportation and Circulation Committee, who agreed with the change and recommended the change be forwarded to the Ordinance Committee for consideration.

For this Ordinance Committee meeting, email notifications were sent to the attendees of the virtual meeting, and signboards advertising the meeting were placed on neighborhood intersections.

BUDGET/FINANCIAL INFORMATION:

The conversion of the 400 block of Anacapa Street from a one-way street to a two-way street will require changes to the existing pavement markings, signs, and the Anacapa Street and Haley Street traffic signal. A planned pavement maintenance project on Haley and Anacapa Street later this summer provides an opportunity to cost-effectively update the signs and pavement markings (approximately $1,000). As part of the pavement maintenance project, the traffic signal at Haley and Anacapa Streets will be rehabilitated for long-term reliability. Incorporating the additional traffic signal equipment to serve a two-way Anacapa Street will cost an additional $10,000 above and beyond the rehabilitation costs. Sufficient expenditure appropriations exist in the Fiscal Year 2022 Adopted Streets Operating Fund Budget to make this change.

SUSTAINABILITY IMPACT:

The conversion of the 400 block of Anacapa Street from a one-way street to a two-way street would result in reduced VMT, thereby also reducing greenhouse gas emissions.

ATTACHMENT: Local Circulation Comparison
PREPARED BY: Derrick Bailey, Principal Traffic Engineer/BG/em SUBMITTED BY: Clifford M. Maurer, P.E., Public Works Director APPROVED BY: City Administrator’s Office

LOCAL CIRCULATION COMPARISON

CD EXISTING CONFIGURATION (ANACAPA ONE-WAY)
0 ALTERNATIVE CONFIGURATION (ANACAPA TWO-WAY STREET) ;• Attachment
COUNCIL INTRODUCTION DRAFT 5/10/22

SHOWING CHANGES FROM CURRENT CODE
1 ORDINANCE NO.______________

AN ORDINANCE OF THE COUNCIL OF THE CITY OF

SANTA BARBARA AMENDING THE MUNICIPAL CODE BY
AMENDING SECTION 10.60.030 TO CHANGE THE ONEWAY DESIGNATION ON THE 400 BLOCK OF ANACAPA STREET

THE CITY COUNCIL OF THE CITY OF SANTA BARBARA DOES ORDAIN AS FOLLOWS:

SECTION 1. Section 10.60.030 of Chapter 10.60 of Title 10 of the Santa Barbara Municipal Code is amended to read as follows:

10.60.030 Schedule of One-Way Streets.

In accordance with Section 10.28.010, and when properly sign posted, it is unlawful for the operator of any vehicle to drive in the direction indicated below on the following streets or portions of streets:

A. Unnamed alley lying between Anacapa Street and State Street extending from the Lobero Garage Paseo to Carrillo Street: In a southeasterly direction on the unnamed alley lying between Anacapa Street and State Street from the Lobero Garage Paseo to Carrillo Street.

B. Unnamed alley lying between Robbins Street and Mountain Avenue adjacent to Harding School: In a northeasterly direction on the unnamed alley lying between Robbins Street and Mountain Avenue adjacent to Harding School.

C. ALAMEDA PADRE SERRA: In a westerly direction on the south side of Alameda Padre Serra or in an easterly direction on the north side of Alameda Padre Serra, where the roadway of Alameda Padre Serra is divided by a parkway in the central COUNCIL INTRODUCTION DRAFT 5/10/22

SHOWING CHANGES FROM CURRENT CODE
2 portion thereof; provided that vehicles traveling in an easterly direction on Alameda Padre Serra may drive to the north side of the dividing wall located between Dover Road and Arbolado Road for the purpose of entering Arbolado Road.

D. ANACAPA STREET: In a northwesterly direction on Anacapa Street between Gutierrez Street Haley Street and Mission Street.

E. BATH STREET: In a southeasterly direction on Bath Street between Haley Street and Mission Street.

F. BAY VIEW CIRCLE: In a clockwise direction for its entirety.

G. BRINKERHOFF AVENUE: In a northeasterly direction on Brinkerhoff Avenue between Cota Street and Haley Street.

H. CASTILLO STREET: In a northwesterly direction on Castillo Street between Cota Street and Mission Street.

I. CHAPALA STREET: In a southeasterly direction on Chapala Street between Alamar Avenue and Carrillo Street.

J. CLEVELAND AVENUE: In a southerly direction on the east side of Cleveland Avenue or in a northerly direction on the west side of Cleveland Avenue in either the 1900 or 2000 blocks thereof.

K. CORONEL STREET: In a northeasterly direction on Coronel Street from a point 100 feet northeasterly of the intersection of Coronel Street and Loma Alta Drive to a point 630 feet northeasterly of the intersection of Coronel Street and Loma Alta Drive.

L. DE LA GUERRA PLAZA: In a direction other than entry into De La Guerra Plaza via the street on the southwesterly side of De La Guerra Plaza, proceeding in a COUNCIL INTRODUCTION DRAFT 5/10/22

SHOWING CHANGES FROM CURRENT CODE
3 southeasterly direction along that street on the southwesterly side of De La Guerra Plaza and continuing in a northwesterly direction only along the street on the northeasterly side of De La Guerra Plaza.

M. DE LA VINA STREET: In a northwesterly direction on De La Vina Street between Haley Street and Constance Avenue.

N. EMERSON AVENUE: In a southerly direction on the east side of Emerson Avenue or in a northerly direction on the west side of Emerson Avenue in either the 1900 or 2000 blocks thereof.

O. EQUESTRIAN AVENUE: In an easterly direction on Equestrian Avenue between Santa Barbara and Garden Streets.

P. GRAND AVENUE: In a westerly direction on the south side of Grand Avenue or in an easterly direction on the north side of Grand Avenue between Pedregosa Street and Moreno Road where the roadway of Grand Avenue is divided into two levels.

Q. PROSPECT AVENUE: In an easterly direction on Prospect Avenue between Valerio Street and Cleveland Avenue.

R. SANTA BARBARA STREET: In a southeasterly direction on Santa Barbara Street between Haley Street and Mission Street.

S. STATE STREET: In a northwesterly direction on the southwesterly side of State Street or in a southeasterly direction on the northeasterly side of State Street between Mission Street and Constance Avenue where the roadway of State Street is divided by a central parkway.

Agenda Item No. 1
04/19/2022 Santa Barbara City Council Minutes Page 1 of 7

CITY OF SANTA BARBARA

CITY COUNCIL MINUTES

REGULAR MEETING
APRIL 19, 2022
COUNCIL CHAMBERS, 735 ANACAPA STREET

CALL TO ORDER
Mayor Randy Rowse called the meeting to order at 2:00 p.m. and announced that the meeting is being held via teleconference. Mayor and Council are participating from Council Chambers. The Finance Committee and Ordinance Committee met at 12:30 p.m.

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, City Clerk Services Manager Sarah Gorman.

CEREMONIAL ITEMS

1. Subject: Donate Life Month - April 2022 (120.04)
Proclamation accepted by Scott Burns.

2. Subject: Fair Housing Month - April 2022 (120.04)
Proclamation accepted by Andrea Bifano, Senior Rental Housing Mediation Specialist.

Members of the public: Laura Bode; Petra Lowen; Alex Entrekin; E. Howard Green.

Agenda Item No. 2
04/19/2022 Santa Barbara City Council Minutes Page 2 of 7

CHANGES TO THE AGENDA
There were no changes to the agenda.

PUBLIC COMMENT
Members of the Public: Laura Robinson; Zac Smith; Brad Klein; Dana Hoffenberg; Mark Kramer; Stanley Macias; Madeline Wood; Aundray Richie; Kelsey Hamilton; Kathy Goo; Mark Stouder; Julie Thomas; Patrick Henry; Daniel Mora; Barbara Smith; Amber Hatsedakis; Darryl Scheck; Anna Marie Gott; David Doll.

CONSENT CALENDAR (Item Nos. 3 – 13)
The titles of the Ordinances and Resolutions related to the Consent Calendar items were read.

Motion:

Councilmembers Jordan / Friedman to approve the Consent Calendar as recommended.

Vote:

Unanimous roll call vote.

3. Subject: Minutes
Recommendation: That council waive reading and approve the minutes of the regular meetings of April 13, 2021; March 29, 2022 and the special meetings of March 30, 2021; and April 13, 2021.

Action: Approved the recommendation.

4. Subject: Adoption Of An Ordinance Adopting An Equipment Use Policy Per Assembly Bill 481 (520.04)
Recommendation: That Council adopt, by reading of title only, an Ordinance Adopting a Military Equipment Use Policy for the Santa Barbara Police Department.

Action: Approved the recommendation; Ordinance No. 6064 (April 19, 2022 Council Agenda Report).

5. Subject: Adoption Of An Ordinance Approving The Electoral Redistricting Map Referred By The Independent Redistricting Commission (110.03)
Recommendation: That Council adopt, by reading of title only, an Uncodified Ordinance of the Council of the City of Santa Barbara Approving the 2020 04/19/2022 Santa Barbara City Council Minutes Page 3 of 7 Census Electoral District Map as Referred by the Independent Redistricting Commission Pursuant to City Charter Section 1301.

Action: Approved the recommendation; Ordinance No. 6065 (April 19, 2022 Council Agenda Report).

6. Subject: Amendment To Position Salary Control Resolution 21-047 With Updates To Classification And Compensation For Certain Positions (410.06)
Recommendation: That Council adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Amending Resolution 21-047, the Position and Salary Control Resolution for Fiscal Year 2022, effective April 23, 2022, to amend various established salary and titles for positions listed herein.

Action: Approved the recommendation; Resolution No. 22-026 (April 19, 2022 Council Agenda Report).

7. Subject: Fiscal Year 2022 Interim Financial Statements For The Eight Months Ended February 28, 2022 (250.02)
Recommendation: That Council accept the Fiscal Year 2022 Interim Financial Statements for the eight months ended February 28, 2022.

Action: Approved the recommendation (April 19, 2022 Council Agenda Report).

8. Subject: Proposed Lease Agreement With Maryanski And Turner For Office Space Located At 125 Harbor Way, Suite 21 (330.04) Recommendation: That Council approve a two-year lease agreement with one, one-year option with Alexandra Maryanski and Jonathan Turner for second floor office space, located at 125 Harbor Way, Suite 21.

Action: Approved the recommendation; Agreement No. 28,102 (April 19, 2022 Council Agenda Report).

9. Subject: Approval Of An Extension Of Professional Services Agreement With Rincon Consultants For Landfill Gas Monitoring At The Closed Las Positas Landfill (630.01)
Recommendation: That Council approve an amendment to the Professional Services Agreement with Rincon Consultants, Inc. to provide landfill gas monitoring services at the closed Las Positas Landfill extending the term to February 26, 2023 for a not-to-exceed cost of $135,000.

Action: Approved the recommendation; Agreement No. 26,376.1 (April 19, 2022 Council Agenda Report).
04/19/2022 Santa Barbara City Council Minutes Page 4 of 7

10. Subject: Contract For Independent Cost Estimating And Value Engineering Services For Design For The Santa Barbara Police Station Project (700.08)
Recommendation: That Council authorize the Public Works Director to execute a Professional Services Agreement with Cumming Management Group, Inc., for cost estimating and value engineering services for the Santa Barbara Police Station Project in the not to exceed amount of $103,507, and approve expenditures of up to $10,350 for extra services that may result from necessary changes in the scope of work.

Action: Approved the recommendation; Agreement No. 28,104 (April 19, 2022 Council Agenda Report).

11. Subject: Legal Services Contract With Brower Law Group For Thomas Fire Property Insurance Recovery (160.03)
Recommendation: That Council authorize the Finance Director to increase the value of legal services provided by the Brower Law Group under Agreement No. 22200090 to a new not-to-exceed dollar amount of $100,000 for Thomas Fire property insurance recovery.

Action: Approved the recommendation; Agreement No. 28,103 (April 19, 2022 Council Agenda Report).

12. Subject: License Agreement With Santa Barbara Trapeze Co. (570.05) Recommendation: That Council authorize the Parks and Recreation Director to execute a license agreement with Santa Barbara Trapeze Co. for the use of Plaza Vera Cruz.

Action: Approved the recommendation; Agreement No. 28,105 (April 19, 2022 Council Agenda Report).

13. Subject: Set A Date For Public Hearing Regarding Single Family Design Board’s Project Design Approval For 691 Hope Ave (640.07) Recommendation: That Council:

A. Set the date of June 14, 2022 at 2:00 p.m. for hearing the appeal filed by Matthew Scribner of the Single Family Design Board’s Project Design Approval of a new 3,092-square-foot two-story single-unit residence with an attached 461-square-foot garage on Lot 6 of the newly created sixlot subdivision; and B. Set the date of June 13, 2022, at 1:30 p.m. for a site visit to the property located at 691 Hope Ave.
04/19/2022 Santa Barbara City Council Minutes Page 5 of 7 Action: Approved the recommendation.

This concludes the Consent Calendar.

REPORT FROM THE FINANCE COMMITTEE
Finance Committee Chair Friedman reported that the Finance Committee approved the schedule for the upcoming budget season for Finance and Council.

REPORT FROM THE ORDINANCE COMMITTEE
Ordinance Committee Chair Sneddon reported that the Ordinance Committee heard updates to the ordinance amending Title 6 of the Municipal Code pertaining to animal control.

CITY COUNCIL ADMINISTRATIVE AND ATTORNEY REPORTS

FINANCE DEPARTMENT

14. Subject: City Administrator’s Recommended Mid-Cycle Budget For Fiscal Year 2023 (230.05)
Recommendation: That Council:

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

Documents:
- April 19, 2022 Council Agenda Report and any attachment(s) - PowerPoint presentation prepared and made by staff.

Speakers:
- Staff: Finance Director Keith DeMartini
- Members of the Public: Zac Smith
Motion:
04/19/2022 Santa Barbara City Council Minutes Page 6 of 7 Councilmembers Friedman/Jordan to approve the recommended action.

Vote:

Unanimous roll call vote.

CITY ATTORNEY

15. Subject: Rent Stabilization Consulting Scope Of Work (660.01) Recommendation: That Council:

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

Documents:
- April 19, 2022 Council Agenda Report and any attachment(s) - PowerPoint presentation prepared and made by staff.

Speakers:
- Staff: City Attorney Ariel Calonne; Housing and Human Services Manager Laura Dubbels; Community Development Director Elias Isaacson.

Recess
4:36 – 4:48 pm
- Members of the public: Peter Rupert; Betty Jeppesen; Michael Schamborg; Laura Bode; Loy Beardsmore; Chelsea Lancaster; Adrea Carell; Teresa Patino; Nick Gonzales; Jim Youngson; Tony Vallejo; Stanley Tzankov; Wendy Santamaria; Frank Rodriguez; Max Golding; Jim Carrillo; Steve Golis; Tara Cooper; Angel Orozco; Erik Lindermann; Samara Canfield; Michael Brirce; Brad Klein; Laura Robinson; Dana Hoffenberg; Zac Smith; Trey Pinner; Daniel Mora; Stanley Macias; Lloyd Applegate; Natasha Durel; Per Hoel; Rachel Sim.

Recess
6:50 – 7:05 pm
- Members of the public: Steve Brown; James Carbone; Lucia Trujillo; Dale Aazam; Gail Teton-Landis; Cole Cervantes; Brian Johnson; Celia Schmidt; 04/19/2022 Santa Barbara City Council Minutes Page 7 of 7 Michele Carbone; Chelsea Steel; Nadia Abushanab; Giambattisi Alegani; John Beardsmore; Hillary Blackerby; Dick Flacks.

Motion:

Councilmembers O. Gutierrez / A. Gutierrez to create an Ad Hoc committee to address the housing crisis while folding the items of rent cap and rent registry to further discuss in the Ad Hoc committee.

Vote:

Unanimous roll call vote
Mayor Rowse appointed Councilmember O. Gutierrez as chair of the Ad Hoc committee, and Councilmember A. Gutierrez and Sneddon as members.

COUNCIL AND STAFF COMMUNICATIONS

COUNCILMEMBER COMMITTEE ASSIGNMENT REPORTS
Councilmember Sneddon reported on their attendance at the following events or made the following comments: 1. State Street Interim Meeting; 2. Community Formation Commission meeting.

PUBLIC COMMENT (IF NECESSARY)
Lucia Trujillo; Matt Lowe.

ADJOURNMENT
Mayor Rowse adjourned the meeting at 9:00 p.m.

Approved and adopted by the City Council of the City of Santa Barbara on May 10, 2022.

SANTA BARBARA CITY COUNCIL SANTA BARBARA

CITY CLERK'S OFFICE
_______________________________ ATTEST: ______________________________

RANDY ROWSE SARAH GORMAN

MAYOR CITY CLERK SERVICES MANAGER
02/11/2021 Santa Barbara City Council Minutes Page 1 of 2

CITY OF SANTA BARBARA

CITY COUNCIL MINUTES

SPECIAL MEETING
FEBRUARY 11, 2021
COUNCIL CHAMBERS, 735 ANACAPA STREET

CALL TO ORDER
Mayor Cathy Murillo called the meeting to order at 1:00 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.

PLEDGE OF ALLEGIANCE
Mayor Murillo.

ROLL CALL
Councilmembers present: Eric Friedman, Oscar Gutierrez, Mike Jordan, Kristen W.

Sneddon, Mayor Murillo.

Councilmembers absent: Meagan Harmon, Alejandra Gutierrez Staff present: City Administrator Paul Casey, City Attorney Ariel Calonne, City Clerk Services Manager Sarah Gorman.

WORK SESSION

1. Subject: Budget Work Session For Fiscal Year 2022 (230.05) Recommendation: That Council hear a presentation from staff related to the development of the Fiscal Year 2022 financial plan.

Documents:
- February 11, 2021, report from the Finance Department. - PowerPoint presentation prepared and made by staff.

Speakers:
- Staff: Finance Director Keith DeMartini, City Administrator Paul Casey - Members of the Public: Darryl Scheck
Discussion:
02/11/2021 Santa Barbara City Council Minutes Page 2 of 2 - Councilmember questions were answered.

ADJOURNMENT
Mayor Murillo adjourned the meeting at 3:11 p.m.

Approved and adopted by the City Council of the City of Santa Barbara on May 10, 2022.

SANTA BARBARA CITY COUNCIL SANTA BARBARA

CITY CLERK'S OFFICE
_______________________________ ATTEST: ______________________________

RANDY ROWSE SARAH GORMAN

MAYOR CITY CLERK SERVICES MANAGER
04/22/2022 Santa Barbara City Council Minutes Page 1 of 2

CITY OF SANTA BARBARA

CITY COUNCIL MINUTES

SPECIAL MEETING
APRIL 22, 2022
DAVID GEBHARD PUBLIC MEETING ROOM, 630 GARDEN STREET

CALL TO ORDER
Mayor Randy Rowse called the meeting to order at 1:00 p.m. and announced that the meeting is being held via teleconference. Mayor and Council are participating from David Gebhard Public Meeting Room.

PLEDGE OF ALLEGIANCE
Mayor Rowse.

ROLL CALL OF COUNCILMEMBERS
Councilmembers present: Eric Friedman, Alejandra Gutierrez (1:15 p.m.), Oscar Gutierrez (1:05 p.m.), Meagan Harmon, Kristen W. Sneddon, Mayor Rowse.

Councilmembers absent: Mike Jordan.

Staff present: City Administrator Rebecca Bjork, City Attorney Ariel Calonne, City Clerk Services Manager Sarah Gorman.

HUMAN RESOURCES

1. Subject: Community Formation Commission Final Recommendations For Civilian Oversight Of The Santa Barbara Police Department (520.01) Recommendation: That Council receive the final recommendations for Civilian Oversight of the Santa Barbara Police Department from the Community Formation Commission.

Documents:
- PowerPoint presentation prepared and made by Community Formation Commission members.
- April 22, 2022 Council Agenda Report and any attachment(s) Speakers:
04/22/2022 Santa Barbara City Council Minutes Page 2 of 2 - Community Formation Commission members: Chair Gabriel Escobedo; Members Jordan Killebrew, Louisa Wood; Rachel Johnson
- National Association for Civilian Oversight of Law Enforcement (NACOLE): Cameron McEllhiney
- Staff: Lt. Shaun Hill; Interim Police Chief Barney Melekian - Members of the Public: Leena Mallet; Eric Beecher; Mark Gruenwald; Jeff Runnfeldt; Gina Genova; Greg Hons; Bob Haggerty; Chris Neuhauser; Bonnie Donovan; Alan Staehle; Benjamin Pitterle; Anna Marie Gott; Roy Reed; Katie Hay; Thomas Widroe; Simone A.; Gina Bratti; Chelsea Lancaster; Ana Garcia; Stanley Tzankov; Tammy Hughes.

Councilmember Harmon was excused at 3:42 p.m.

Discussion:
- The Community Formation Commission members gave a presentation of topics including the Commission history and purpose, process, survey, and recommendation. Councilmembers’ questions were answered.

Mayor Rowse adjourned the meeting at 4:41 p.m.

Approved and adopted by the City Council of the City of Santa Barbara on May 10, 2022.

SANTA BARBARA CITY COUNCIL SANTA BARBARA

CITY CLERK'S OFFICE
_______________________________ ATTEST: ______________________________

RANDY ROWSE SARAH GORMAN

MAYOR CITY CLERK SERVICES MANAGER

CITY OF SANTA BARBARA

COUNCIL AGENDA REPORT
AGENDA DATE: May 10, 2022
TO: Mayor and Councilmembers
FROM: Business Services Division, Waterfront Department SUBJECT: Introduction Of An Ordinance For Assignment And Assumption Of Lease Agreement No. 23,328 From Waterfront Food Group LLC, To Co-Owners Ms. Amy Rose, Mr. Bryan Deminie, And Mr. Dennis Longaberger, For The Restaurant Space Located At 113 Harbor Way
RECOMMENDATION:

That Council introduce and subsequently adopt, by reading of title only, an Ordinance of the Council of the City of Santa Barbara Authorizing the Waterfront Director to Execute, Subject to Approval as to Form by the City Attorney, the Consent to Assignment and Assumption of Lease Agreement No. 23,328 From Waterfront Food Group LLC, to Co-Owners, Ms. Amy Rose, Mr. Bryan Deminie, and Mr. Dennis Longaberger, for the Restaurant Space Located at 113 Harbor Way, Commencing Upon the Effective Date of the Enabling Ordinance.

BACKGROUND:

Mr. Aaron Petersen, owner of Waterfront Food Group LLC, assumed Lease No. 23,328 through a lease assignment process approved by City Council on March 24, 2020. Mr.

Petersen operated Chomp on the Rocks (downstairs) and Salty at the Beach (upstairs) since May 7, 2020. Mr. Petersen assumed ownership in the midst of COVID-19 and due to the continuing negative impacts of COVID-19, immediately set out to completely renovate both upstairs and downstairs venues as well as a complete remodel of the shared kitchen area.

The ground floor space was rebranded as Chomp on the Rocks and was similar to Mr.

Petersen’s successful Chomp restaurant in Solvang and featured burgers, fries, and shakes, catering to families, young adults, and retirees. The second story lease space was rebranded as Salty at the Beach Bar and Grill and focused on California-style tavern cuisine that included an award-winning wine list.

Agenda Item No. 3
File Code No. 330.04
Council Agenda Report
Introduction Of An Ordinance For Assignment And Assumption Of Lease Agreement No. 23,328 From Waterfront Food Group LLC, To Co-Owners Ms. Amy Rose, Mr. Bryan Deminie, And Mr. Dennis Longaberger, For The Restaurant Space Located At 113 Harbor Way
May 10, 2022

Page 2 ends

Mr. Petersen contacted the Waterfront Department in July 2021 requesting to amend lease agreement No. 23,328 and reduce the premises to only accommodate Salty at the Beach. Mr. Petersen also requested that a new lease be developed for Chomp on the Rocks. Waterfront staff worked with the City Attorney’s office to accommodate Mr.

Petersen’s request noting that the changes did not negatively impact the current revenue stream from Lease Agreement No. 23,328 and would likely add to Waterfront revenue streams over time to more closely align with other Waterfront restaurant tenants of similar size. The Harbor Commission approved the lease actions on September 16, 2021.

DISCUSSION:

In late-2021, Mr. Petersen informed Waterfront staff of his desire to sell Chomp on the Rocks and staff provided him with the Waterfront Department’s (Department) lease assignment requirements. Mr. Petersen has recently identified a qualified team led by Ms.

Amy Rose who submitted a buyer’s package in compliance with the Department’s lease assignment process. During the negotiation process between the two parties it was agreed that Ms. Rose and her team wanted to purchase both restaurants (Chomp on the Rocks and Salty at the Beach). The Department received the lease assignment review fees, financial information, and other documentation relevant to the proposed lease assignment. The lease is proposed to be assigned to co-owners Ms. Amy Rose, Mr. Bryan Deminie, and Mr. Dennis Longaberger. Ms. Rose is an experienced businesswoman who has been involved in the restaurant business since she was a child. Ms. Rose is currently the Director of Operations for seven family-owned Black Bear Diners located in the San Joaquin Valley. Her business partner, Mr. Deminie is a licensed contractor who specializes in restaurant development and restaurant renovation, having completed over 70 projects in this regard. Mr. Longaberger has been a business owner in the Waterfront for many years.

Salty at the Beach will continue to operate in its current form for the time being and focus on California-style tavern cuisine that includes an award-winning wine list and local craft beer.

In accordance with the Department’s lease assignment procedure, no changes to the business terms of the lease will occur as part of this lease assignment. The basic terms of the current Salty at the Beach lease (Lease No. 23,328) are as follows:
 Remaining Term: Initial term expires December 31, 2025, with three, five-year options extending to December 31, 2040.
 Base Rent: $13,691.55 per month
 Percentage Rent: 10% up to and including $1,250,000. 11.4% in excess of $1,250,000
Council Agenda Report
Introduction Of An Ordinance For Assignment And Assumption Of Lease Agreement No. 23,328 From Waterfront Food Group LLC, To Co-Owners Ms. Amy Rose, Mr. Bryan Deminie, And Mr. Dennis Longaberger, For The Restaurant Space Located At 113 Harbor Way
May 10, 2022

Page 3 ends

 Annual Rent Adjustment: Cost of Living increases based on the Consumer Price Index (CPI)
The current owner, Waterfront Food Group (Mr. Aaron Petersen), is considered a tenant in good standing by the Department and has no outstanding default notices on file.

The Harbor Commission recommended City Council approval of the lease assignment at their meeting of April 21, 2022.

BUDGET/FINANCIAL INFORMATION:

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

A copy of the proposed lease assignment is available for public review in the Waterfront Department Office located at 132-A Harbor Way.

PREPARED BY: Brian J. Bosse, Waterfront Business Manager SUBMITTED BY: Mike Wiltshire, Waterfront Director
APPROVED BY: City Administrator's Office
COUNCIL INTRODUCTION DRAFT 05/10/22
1 ORDINANCE NO._____

AN ORDINANCE OF THE COUNCIL OF THE CITY OF

SANTA BARBARA AUTHORIZING THE WATERFRONT

DIRECTOR TO EXECUTE, SUBJECT TO APPROVAL AS TO

FORM BY THE CITY ATTORNEY, THE CONSENT TO

ASSIGNMENT AND ASSUMPTION OF LEASE AGREEMENT
NO. 23,328 FROM WATERFRONT FOOD GROUP LLC, TO
CO-OWNERS, MS. AMY ROSE, MR. BRYAN DEMINIE, AND
MR. DENNIS LONGABERGER, FOR THE RESTAURANT
SPACE LOCATED AT 113 HARBOR WAY, COMMENCING

UPON THE EFFECTIVE DATE OF THE ENABLING

ORDINANCE

THE COUNCIL OF THE CITY OF SANTA BARBARA DOES ORDAIN AS FOLLOWS:

SECTION 1. In accordance with the provisions of Section 521 of the Charter of the City of Santa Barbara, the Consent to Assignment and Assumption of Lease Agreement No. 23,328 from Waterfront Food Group LLC, to Co-Owners, Ms. Amy Rose, Mr. Bryan Deminie, and Mr. Dennis Longaberger, for the restaurant space located at 113 Harbor Way, commencing upon the effective date of the enabling ordinance, a copy of which is on file with the City Clerk, is approved.

CITY OF SANTA BARBARA

COUNCIL AGENDA REPORT
AGENDA DATE: May 10, 2022
TO: Mayor and Councilmembers
FROM: Business Services Division, Waterfront Department SUBJECT: Introduction Of An Ordinance For Assignment And Assumption Of Lease Agreement No. 27,073 From Waterfront Food Group LLC, To Co-Owners Ms. Amy Rose, Mr. Bryan Deminie, And Mr. Dennis Longaberger, For The Restaurant Space Located At 113 Harbor Way
RECOMMENDATION:

That Council introduce and subsequently adopt, by reading of title only, an Ordinance of the Council of the City of Santa Barbara Authorizing the Waterfront Director to Execute, Subject to Approval as to Form by the City Attorney, the Consent to Assignment and Assumption of Lease Agreement No. 27,073 From Waterfront Food Group LLC, to Co-Owners Ms. Amy Rose, Mr. Bryan Deminie, and Mr. Dennis Longaberger, for the Restaurant Space Located at 113 Harbor Way, Commencing Upon the Effective Date of the Enabling Ordinance.

BACKGROUND:

Mr. Aaron Petersen, owner of Waterfront Food Group LLC, assumed Lease No. 23,328 through a lease assignment process approved by City Council on March 24, 2020. Mr.

The ground floor space was rebranded as Chomp on the Rocks and was similar to Mr.

Agenda Item No. 4
File Code No. 330.04
Council Agenda Report
Introduction Of An Ordinance For Assignment And Assumption Of Lease Agreement No. 27,073 From Waterfront Food Group LLC, To Co-Owners Ms. Amy Rose, Mr. Bryan Deminie, And Mr. Dennis Longaberger, For The Restaurant Space Located At 113 Harbor Way
May 10, 2022

Page 2 ends

DISCUSSION:

Amy Rose who submitted a buyer’s package in compliance with the Department’s lease assignment process. During the negotiation process between the two parties it was agreed that Ms. Rose and her team wanted to purchase both restaurants. The Department received the lease assignment review fee, financial information, and other documentation relevant to the proposed lease assignment. The lease is proposed to be assigned to Ms. Amy Rose, Mr. Bryan Deminie, and Mr. Dennis Longaberger. Ms. Rose is an experienced businesswoman who has been involved in the restaurant business since she was a child. Ms. Rose is currently the Director of Operations for seven familyowned Black Bear Diners. Her business partner, Mr. Deminie is a licensed contractor who specializes in restaurant development and restaurant renovation having completed over 70 projects in this regard. Mr. Longaberger has been a business owner in the Waterfront for many years.

The proposed new owner’s business plan includes a complete renovation of the downstairs area in a design that will be warm and inviting to the local community as well as visitors, and at the same time recognize the Waterfront and Santa Barbara culture.

The space will be rebranded as The Anchor Lounge. The theme will feature classic mahogany wood accents, cozy booths, historic memorabilia and a vibrant bar with craft cocktails, exquisite wines, and locally sourced seafood. The restaurant will cater to the flip-flop, sun hat locals, mariners, visitors and the entire marina community. The Anchor Lounge will also activate Chomp’s high-quality coffee cart on the patio for morning visitors to the area.

Council Agenda Report
Introduction Of An Ordinance For Assignment And Assumption Of Lease Agreement No. 27,073 From Waterfront Food Group LLC, To Co-Owners Ms. Amy Rose, Mr. Bryan Deminie, And Mr. Dennis Longaberger, For The Restaurant Space Located At 113 Harbor Way
May 10, 2022

Page 3 ends

 Remaining Term: Initial term expires December 31, 2025, with three, five-year options extending to December 31, 2040.
 Base Rent: $11,977.60 per month
 Percentage Rent: 10% up to and including $1,250,000. 11.4% in excess of $1,250,000
 Annual Rent Adjustment: Cost of Living increases based on the Consumer Price Index (CPI)
The current owner, Waterfront Food Group (Mr. Aaron Petersen), is considered a tenant in good standing by the Department and has no outstanding default notices on file.

The Harbor Commission recommended City Council approval of the lease assignment at their meeting of April 21, 2022.

BUDGET/FINANCIAL INFORMATION:

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

A copy of the proposed lease assignment is available for public review in the Waterfront Department Office located at 132-A Harbor Way.

AN ORDINANCE OF THE COUNCIL OF THE CITY OF

SANTA BARBARA AUTHORIZING THE WATERFRONT

DIRECTOR TO EXECUTE, SUBJECT TO APPROVAL AS TO

FORM BY THE CITY ATTORNEY, THE CONSENT TO

ASSIGNMENT AND ASSUMPTION OF LEASE AGREEMENT
NO. 27,073 FROM WATERFRONT FOOD GROUP LLC, TO
CO-OWNERS MS. AMY ROSE, MR. BRYAN DEMINIE, AND
MR. DENNIS LONGABERGER, FOR THE RESTAURANT
SPACE LOCATED AT 113 HARBOR WAY, COMMENCING

UPON THE EFFECTIVE DATE OF THE ENABLING

ORDINANCE

THE COUNCIL OF THE CITY OF SANTA BARBARA DOES ORDAIN AS FOLLOWS:

SECTION 1. In accordance with the provisions of Section 521 of the Charter of the City of Santa Barbara, the Consent To Assignment and Assumption of Lease Agreement No. 27,073 from Waterfront Food Group LLC, to Co-Owners Ms. Amy Rose, Mr. Bryan Deminie, and Mr. Dennis Longaberger, for the restaurant space located at 113 Harbor Way, commencing upon the effective date of the enabling ordinance, a copy of which is on file with the City Clerk, is approved.

CITY OF SANTA BARBARA

COUNCIL AGENDA REPORT
AGENDA DATE: May 10, 2022
TO: Mayor and Councilmembers
FROM: Engineering Division, Public Works Department
SUBJECT: Adoption Of Resolution Regarding Appropriations For The El Estero Water Resource Center Electrical Distribution Renewal Project, And Contract For Pre-Bid Construction Management Services And Constructability Review
RECOMMENDATION: That Council:

A. Authorize the Public Works Director to execute a City Professional Services contract with Mimiaga Engineering Group in the amount of $235,626 for pre-bid construction management services and constructability review for the El Estero Water Resource Center Electrical Distribution Renewal Project, and authorize the Public Works Director to approve expenditures of up to $23,563 for extra services that may result from necessary changes in the scope of work; and B. Adopt a Resolution of the Council of the City of Santa Barbara Amending Resolution No. 21-045, Adopting the Budget for Fiscal Year 2022, to Allocate Available Appropriations for the El Estero Water Resource Center Electrical Distribution Renewal Project.

DISCUSSION:

Background
The El Estero Water Resource Center (El Estero) is one of the City of Santa Barbara’s most important facilities and serves a critical role in the protection of the environment and public health. El Estero provides wastewater treatment, recycled water treatment, and renewable energy production, serving a population of approximately 95,000. Initially constructed in 1952, the majority of El Estero’s current infrastructure was constructed in 1978.

Over the past several years, planned capital improvements have been implemented, including upgrades to the Headworks system, influent pumps, tertiary treatment (recycled water), and the secondary process. These improvements have enhanced the level of treatment at El Estero and have kept it operating reliably. Significant advancements are still required to replace other aging equipment and modernize processes. On September Agenda Item No. 5
File Code No. 540.13
Council Agenda Report
Adoption Of Resolution Regarding Appropriations For The El Estero Water Resource Center Electrical Distribution Renewal Project, And Adoption Of Contract For Pre-Bid Construction Management Services And Constructability Review May 10, 2022

Page 2 ends

20, 2016, Council authorized a contract with Brown and Caldwell (BC) to develop the El Estero Facility Plan, which produced a prioritized list of projects to implement over the next 25 years in order to maintain the operational performance of the facility. The replacement of the electrical power and distribution system was identified as the top priority. This was based on overall risk factors, which include safety, the likelihood of failure, and the consequence of failure.

On August 7, 2018, Council authorized a contract with BC to develop a preliminary design for the El Estero Water Resource Center Electrical Distribution Renewal Project (Project), with the option to continue under a separate contract through the final design. On December 17, 2019, Council authorized a contract with BC to complete the final design, which is now nearly complete. The Project includes replacing and upgrading the electrical distribution system, installing a new waste gas flare, replacing and upgrading the fiber optic system, and ensuring storm water compliance.

Pre-Bid Consultant Engineering Services
Staff recommends that Council authorize the Public Works Director to execute a contract with Mimiaga Engineering Group (MEG) in the amount of $235,626 for pre-bid construction management services and constructability review with $23,563 for potential extra services, for a total amount of $259,189. A separate contract with MEG to provide construction management and inspection services will be recommended for approval concurrent with the award of the Project’s construction contract, which is anticipated in the fall of 2022. Construction is anticipated to take approximately two and a half years to complete.

The services included in this contract consist of a review of the plans, specifications, permits, reports, schedules, sequencing, and cost estimates for the anticipated work. All relevant information will be checked, corrected, and back-checked for accuracy and completeness. MEG will prepare a Technical Memorandum with recommended construction phasing requirements and findings from their review of the plans, specifications, and cost estimate. MEG will deliver the Technical Memorandum prior to bidding the Project and will support staff through bidding and award. MEG is experienced in this type of work and was selected through a competitive Request for Proposals process that received proposals from three qualified firms, with an option to continue under a separate contract through construction.

A copy of the contract may be requested from the Public Works Department for public review; please contact [email protected] to request a copy.

BUDGET/FINANCIAL INFORMATION:

Inadequate expenditure appropriations exist in the El Estero Electrical Renewal Project to fund the proposed contract. Adequate, available expenditure appropriations exist in the El Estero Equipment Rehabilitation Project in the Wastewater Capital Fund to approve the recommendations in this report to fund the proposed contract, including extra Council Agenda Report
Adoption Of Resolution Regarding Appropriations For The El Estero Water Resource Center Electrical Distribution Renewal Project, And Adoption Of Contract For Pre-Bid Construction Management Services And Constructability Review May 10, 2022

Page 3 ends

services, with MEG. The Project will be funded through a Clean Water State Revolving Fund loan. Ongoing operational and maintenance costs will be reduced for these assets with implementation of the Project.

The following summarizes all estimated total Project costs:

ESTIMATED TOTAL PROJECT COST
Final Design (by BC, previously encumbered) $1,665,787
Other Final Design Costs - City staff $100,000
Preliminary Design (by BC, previously encumbered) $1,517,946 Other Preliminary Design Costs – City staff $54,914
Subtotal $3,338,647
Pre-bid Construction Management/Constructability Review (by MEG)
$259,189
Estimated Construction Contract w/Change Order Allowance $23,250,000 Estimated Construction Management/Inspection (by MEG) $3,050,080 Estimated Other Construction Costs (testing, etc.) $500,000 Subtotal $27,059,269
TOTAL PROJECT COST $30,397,916
SUSTAINABILITY IMPACT:

El Estero is one of the City’s largest electricity users, and the on-site cogeneration system currently provides 50 percent of its electricity. However, the current electrical infrastructure limits the total amount of potential renewable energy that can be produced on this site. This infrastructure upgrade will provide the necessary supporting infrastructure to allow for the development of solar, battery, and additional cogeneration at this site, helping meet the City’s 100 percent renewable electricity goal.

ENVIRONMENTAL REVIEW:

The Project received a Notice of Exemption, dated August 26, 2021, in compliance with the guidelines of the California Environmental Quality Act. Additionally, the Project has been issued Coastal Development Permit No. CDP2020-00005, under Resolution No. 040-21, dated August, 25, 2021, allowing this development to occur.

Council Agenda Report
Adoption Of Resolution Regarding Appropriations For The El Estero Water Resource Center Electrical Distribution Renewal Project, And Adoption Of Contract For Pre-Bid Construction Management Services And Constructability Review May 10, 2022

Page 4 ends

WATER COMMISSION RECOMMENDATION:

This item was presented to the Water Commission at its meeting on April 21, 2022, and the Commission voted 4-0-1 in support of staff’s recommendations with one Commissioner absent.

PREPARED BY: Philip Maldonado, P.E., Interim Principal Engineer/lm SUBMITTED BY: Clifford M. Maurer, P.E, Public Works Director APPROVED BY: City Administrator’s Office
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, TO

ALLOCATE AVAILABLE APPROPRIATIONS FOR THE EL

ESTERO WATER RESOURCE CENTER ELECTRICAL

DISTRIBUTION RENEWAL PROJECT
WHEREAS, in accordance with the City Charter, the City Administrator filed with the Council a proposed budget for the fiscal year beginning July 1, 2021; WHEREAS, the City Council is required to adopt a budget before the beginning of the fiscal year on July 1, 2021;
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, as authorized by Resolution No. 21-045, this Resolution approves the amendment to the budget as provided herein.

NOW, THEREFORE, be it resolved by the Council of the City of Santa Barbara that 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 as follows:

1. The Council approves the allocation of available expenditure appropriations in the El Estero Equipment Rehabilitation Project in the Wastewater Capital Fund in the amount of $259,189 for the El Estero Electrical Renewal Project to fund the Mimiaga Engineering Group contract for pre-bid construction management services and constructability review for the El Estero Water Resource Center Electrical Distribution Renewal Project.

CITY OF SANTA BARBARA

COUNCIL AGENDA REPORT
AGENDA DATE: May 10, 2022
TO: Mayor and Councilmembers
FROM: City Administrator
City Attorney
SUBJECT: Closing Budget Actions For 2021 Electoral Redistricting RECOMMENDATION: That Council:

A. Authorize the City Administrator to execute an amended professional services agreement to increase the not to exceed amount from $50,000 to $60,750 and pay National Demographics Corporation $60,750 for services rendered during the 2021 Electoral Redistricting Process;
B. Authorize the City Attorney to increase the not to exceed amount from $40,000 to $83,437 and pay JAMS (Judicial Arbitration and Mediation Service) the final invoice of $51,657.20 for the services of Judges Melinda Johnson (Ret.) and Elizabeth Allen White (Ret.) rendered during the 2021 Electoral Redistricting Process; and C. Authorize the City Attorney to increase the not to exceed amount from $20,000 to $60,988 and pay Signature Resolution the final invoice of $42,500.01 for the services of Judge Abraham Khan (Ret.) rendered during the 2021 Electoral Redistricting Process.

DISCUSSION:

Charter section 1301 requires the City to appropriate funds and pay for the services of the Independent Redistricting Commission and related demographic services. The Council has previously appropriated a total of $345,000 for this work in two increments on December 8, 2020, and September 14, 2021. The actual expenditures exceeded this appropriation by $6,164.56.

The appropriation and authorization to pay will close this matter.

Agenda Item No. 6
Council Agenda Report
Closing Budget Actions For 2021 Electoral Redistricting May 10, 2022

Page 2 ends

BUDGET/FINANCIAL INFORMATION:

There is sufficient budget appropriations within the department operating budget in Fiscal Year 2022 to cover the additional expenditures.

PREPARED BY: Brandon Beaudette, Assistant to the City Administrator Ariel Calonne, City Attorney
SUBMITTED BY: Rebecca Bjork, City Administrator
Ariel Calonne, City Attorney
APPROVED BY: City Administrator's Office

CITY OF SANTA BARBARA

COUNCIL AGENDA REPORT
AGENDA DATE: May 10, 2022
TO: Mayor and Councilmembers
FROM: Planning Division, Community Development Department SUBJECT: Authorize The Community Development Director To Execute A Memorandum Of Agreement For Historic Designation And
Preservation Of Fremont Hall And The Operation Maintenance Shop At 3237 State Street
RECOMMENDATION:

That Council authorize the Community Development Director to execute a Memorandum of Agreement with the U.S. Department of Health and Human Services regarding historic designation and preservation of the U.S. Army Reserve Center located at 3237 State Street.

DISCUSSION:

A Cultural Resources Inventory and Evaluation of the United States Army Reserve Fremont Hall USAR Center at 3237 State Street, Santa Barbara determined that Fremont Hall and the Operation Maintenance Shop are eligible for listing on the National Register of Historic Places (Attachment 1 – Cultural Resources Inventory and Evaluation of the United States Army Reserve Fremont Hall USAR Center). The buildings, constructed between 1956 and 1961, were found historically significant for meeting criterion C of the National Register of Historic Places, as they remain excellent examples of a regionally modified Reisner and Urbahn sprawling-plan, 200-person facility. The Fremont Hall U.S.

Army Reserve Center may be considered representative of the work of master architects Reisner and Urbahn and expresses a particular phase of development in their career.

Subsequent alterations to the buildings have not compromised the character-defining features of the firm’s design.

As part of the proposed transfer of the subject property out of federal ownership to the local nonprofit, American Indian Health and Services (AIHS), a memorandum of agreement (MOA) among the U.S. Department of Health and Human Services – Indian Health Service, the California Office of Historic Preservation, and the City of Santa Barbara will be used to establish restrictive covenants on the property. The MOA requires Agenda Item No. 7
File Code No. 640.06
Council Agenda Report
Authorize The Community Development Director To Execute A Memorandum Of Agreement For Historic Designation And Preservation Of Fremont Hall And The Operation Maintenance Shop At 3237 State Street
May 10, 2022

Page 2 ends

any exterior alterations proposed by AIHS to comply with the Secretary of Interior’s Standards for Rehabilitation and that AIHS maintain the property in good condition and prevent adverse effects to the historic significance of the building (Attachment 2 – Memorandum of Agreement). Once signed by all parties, the MOA requires the new owners to submit a nomination for the designation of the building as a local Structure of Merit to the Historic Landmarks Commission (HLC) within 120 days of the MOA’s effective date. The MOA also stipulates that once the property is out of possession of the federal government, regardless of whether the building is designated as a Structure of Merit, all exterior alterations will be subject to HLC review and approval.

In order to complete the MOA, City Council must authorize the Community Development Director to execute the MOA for historic designation and preservation of 3237 State Street.

BUDGET/FINANCIAL INFORMATION:

No financial impact is anticipated as a result of execution of the MOA.

ENVIRONMENTAL REVIEW:

The authorization of the execution of the MOA does not authorize any new development or construction of new buildings, nor does it authorize any new land uses. The terms of the MOA require the owners to undertake rehabilitation work in a manner that is consistent with the Secretary of the Interior’s Standards for the Treatment of Historic Properties with the Guidelines for Preserving, Rehabilitating, Restoring, and Reconstruction Historic Buildings; therefore, the act of approving the MOA is exempt from the California Environmental Quality Act pursuant to section 15331 (Historical Resource Restoration/Rehabilitation) of the California Environmental Quality Act Guidelines.

ATTACHMENTS: 1. Cultural Resources Inventory and Evaluation of the United States Army Reserve Fremont Hall USAR Center (Draft)

2. Memorandum of Agreement (Draft)
PREPARED BY: Nicole Hernandez, Architectural Historian
SUBMITTED BY: Elias Isaacson, Community Development Director APPROVED BY: City Administrator’s Office
ATTACHMENT 1

MEMORANDUM OF AGREEMENT BY AND AMONG

THE UNITED STATES OF AMERICA

ACTING BY AND THROUGH ITS
DEPARTMENT OF HEALTH AND HUMAN SERVICES – INDIAN HEALTH SERVICE THE

CALIFORNIA OFFICE OF HISTORIC PRESERVATION
AND

THE CITY OF SANTA BARBARA

REGARDING THE CONVEYANCE AND PRESERVATION OF

FREMONT HALL AND THE OPERATION MAINTENANCE SHOP
U.S. ARMY RESERVE CENTER
WHEREAS, this Memorandum of Agreement (MOA), inclusive of all attachments, is made as of this ____ day of ____, 2022, by the U.S. Department of Health and Human Services (DHHS) – Indian Health Service (hereinafter “IHS”) the California Office of Historic Preservation (“SHPO”), and the City of Santa Barbara, a municipal corporation(hereinafter “City”)(all referred to collectively herein as Parties or individually as a Party), pursuant to Sections 106 and 110 of the National Historic Preservation Act (NHPA), 16 U.S.C. §§ 470f and 470h-2, and its Section 106 regulations at 36 C.F.R. Part 800; and,
WHEREAS, the IHS, is the federal agency that has custody and accountability, on behalf of the United States, of the U.S. Army Reserve Center, the real property located at 3237 State Street, Santa Barbara, California commonly known as Fremont Hall and Operation Maintenance Shop (OMS) (collectively, Historic Property); and,
WHEREAS, the U.S. Army Reserve (USAR) completed a Cultural Resources Inventory and Evaluation of the United States Army Reserve Fremont Hall USAR Center, Santa Barbara, California P-42-040915 prepared by Environmental Division Office of the Deputy Chief of Staff, Engineer 63D Regional Readiness Command, with technical assistance from PAR Environmental Services, Inc. in June 2007 (Attachment 1 hereto) that determined Fremont Hall and the OMS eligible for listing to the National Register of Historic Places (NRHP) (Attachment 2 hereto); and,
WHEREAS, the USAR determined the Historic Property excess to its needs and reported the Historic Property to General Services Administration (GSA) in April 2017; and, WHEREAS, in 2017, GSA determined that the Historic Property was surplus to the Federal government’s needs and, in accordance with the procedures outlined in 40 U.S.C. § 101, et seq., sought to transfer the Historic Property to a reliable steward committed to ensuring compatible use or uses and continuing responsible long-term stewardship of the Historic Property; and, WHEREAS, the United States of America, through GSA, has transferred the Historic Property to the IHS; and,
ATTACHMENT 2
WHEREAS, the IHS, in accordance with the provisions of 25 U.S.C. § 1660g(c), may acquire excess or surplus property and donate the property to an urban Indian organization for purposes of carrying out its contract; and,
WHEREAS, the IHS intends to facilitate the fair market value acquisition of the Historic Property for fee simple ownership (Undertaking) and use in support of the health programs carried out in its contract with the American Indian Health & Services (AIHS), subject to the Historic Preservation Covenant excerpted herein which references the U.S. Secretary of the Interior’s Standards for Rehabilitation (Secretary’s Standards) and the prevailing applicable codes including the California Historical Building Code, California Code of Regulations (C.C.R.) Title 24, Part 8; and,
WHEREAS, IHS determined that the Area of Potential Effect (APE) of the Undertaking is the boundaries of the Historic Property 2.48 +/- fee acres in November 29, 1955 as Assessor’s Parcel Number 051-112-019, Santa Barbara, Santa Barbara County, California; and, WHEREAS, IHS determined that the Undertaking constitutes an adverse effect to the Historic Property, pursuant to 36 C.F.R. § 800.5, and in accordance with Id. at § 800.6(a)(1), has consulted with the SHPO and has notified the Advisory Council on Historic Preservation (ACHP) of its adverse effect determination by letters, dated May 31, 2019, with specified documentation and the ACHP has chosen not to participate in the consultation pursuant to 36 C.F.R § 800.6(a)(1)(iii); and,
WHEREAS, the AIHS has participated in consultation and is an invited signatory (Invited Signatory) to this MOA pursuant to 36 C.F.R. § 800.6(c)(2)(iii); and, WHEREAS, the City of Santa Barbara participated in consultation pursuant to 36 C.F.R. §800.2(c)(5) as a consulting party (Consulting Party); and, NOW THEREFORE, the Signatories agree that the Undertaking shall be implemented in accordance with the following Stipulations to take into account the effects of this Undertaking on the Historic Property.

STIPULATIONS
IHS (identified as “Grantor” below) and AIHS (identified as “Grantee” below) have entered into a covenant in which AIHS has agreed to the following Stipulations:

I. HISTORIC PRESERVATION COVENANT. Grantor shall include a Historic Preservation Covenant substantially in the form set forth below in the conveyance instrument:

HISTORIC PRESERVATION COVENANT. Grantee covenants, acknowledges, and agrees for itself, its successors and assigns and every successor-in-interest to the Historic Property (as described below), or any portion thereof, to be bound by the terms, conditions and restrictions of this preservation covenant. Unless otherwise noted, this covenant utilizes the definitions in 36 CFR Part 800 and, in particular 36 C.F.R. § 800.16.
(A) Historic Property Description. Grantee covenants, acknowledges, and agrees to preserve the Historic Property and setting in accordance with the terms and conditions of this covenant.

The Historic Property consists of that portion of the Historic Property depicted in Attachment 2.

The Historic Property and its setting are described in detail in the Historic Structures and Site Report (HSSR) prepared by Dudek dated July 2021. A copy of the HSSR is attached to this MOA as Attachment 3. The HSSR noted, among other items, the following facts:
a. The Historic Property is eligible for listing to the National Register of Historic Places (NRHP) based on its significance under Criterion C (materials, workmanship, design) with local architect Wallace Arendt, as a largely intact representation of the Reisner & Urbahn plan, and of the use the stucco design element.
b. Character Defining Elements (CDEs) of the Historic Property include: the use of stucco, a material choice representative of a building consistent with the local architectural landscape given the prevalence of stucco use throughout Santa Barbara, largely intact with few alterations, original windows, doors, interior configuration and finishes. c. Features within the Historic Property that are not CDEs include the building’s utilitarian interior configuration and mass-produced materials. (B) Alterations or Use Changes. Grantee hereby covenants and agrees to comply with the following terms and conditions regarding any alternations or change in use to the Historic Property.
a. Standards. Grantee covenants and agrees to perform any exterior alterations to the Historic Property in compliance with the Secretary of Interior’s Standards for Rehabilitation (hereinafter referred to as the Secretary’s Standards) and prevailing applicable codes. The requirement to use the Secretary’s Standards is limited to the following types of alterations:
removal of stucco, additions to the buildings, changes to the roofline or exterior elevations, alterations to any of the windows, doors, or their openings, and exterior painting. b. Plan Review. Grantee covenants and agrees to submit to the SHPO and City for review and approval, all plans and applications for exterior alteration of the Historic Property as required by Paragraphs (2), (3), (4), and (5) of the covenant. The SHPO and City will review the plans in accordance with the Secretary’s Standards, the California State Historic Buildings Code and other prevailing applicable codes. The SHPO and City will provide written comments to the Grantee within 30 calendar days of receipt of each submittal. c. Prohibition of Alterations to the Historic Property. Grantee covenants and agrees to not perform any alteration (e.g. removal of significant and original historic materials and CDEs, addition of material that may affect historic materials, or new construction), or permit any inaction that would materially affect the Historic Property without the prior written approval of the SHPO and City, in accordance with Paragraph (2) b. of the covenant. Written approval of the SHPO and City which shall not be reasonably withheld or denied, shall be required prior to installing any signage, undertaking any work which requires a permit, or altering paint colors on original materials or within CDEs of the Historic Property. If the SHPO’s and City’s approval is not granted, such activities may not occur.
(C) Professional Qualifications Standards. Grantee hereby covenants and agrees that all historical, archaeological, architectural history, architectural, and historic architectural work carried out pursuant to this covenant shall be conducted by or under the direct supervision of an individual or individuals who meets the applicable Secretary of the Interior’s Professional Qualifications Standards for conducting the appropriate work. (D) Maintenance Program. Grantee hereby covenants and agrees that:
a. Grantee shall preserve and maintain the Historic Property in a manner that preserves and maintains its attributes that contribute to the eligibility of the Historic Property for inclusion in the NRHP. Grantee agrees at all times to maintain the Historic Property in good repair and in a clean and safe condition and in a manner that will not exacerbate the normal aging of the Historic Property or accelerate its deterioration, all in accordance with the recommended approaches set forth in the Secretary’s Standards, and in consultation with the SHPO and the City.
b. Commencing upon the effective date of this covenant, Grantee shall promptly take commercially reasonable actions to secure the Historic Property from the elements of vandalism and arson, and shall carefully undertake any stabilization that is necessary to prevent deterioration, using the Secretary’s Standards and Department of Interior National Park Service Preservation Briefs.
c. Grantee shall conduct seismic analyses of the Historic Property, if necessary, prior to any ground disturbing activity that may affect the structural integrity of the Historic Property, and as warranted thereafter. Grantee shall take into consideration the results of seismic analyses, so that the structural integrity of the Historic Property is not adversely affected by such activities, and shall provide the results of seismic analyses to the SHPO and City for its review and comment within a 30 calendar day period prior to said activity. (E) Casualty Damage to the Historic Property. Grantee hereby covenants and agrees that:
a. Immediate rescue and salvage operations are not subject to this Paragraph. Subject to Paragraph (5)b below, if there is damage to the Historic Property resulting from casualty loss, Grantee shall repair or restore, as appropriate, the Historic Property in compliance with the Secretary’s Standards unless it is not feasible to do so because of commercial or physical infeasibility, legal requirements or other circumstances. If it is not feasible because of commercial or physical infeasibility, legal requirements or other circumstances to repair or restore the Historic Property in compliance with the Secretary’s Standards, Grantee shall consult with the SHPO and City on other redevelopment alternatives and modifications of the Historic Property, which must adhere to the Secretary’s Standards. All cost and expense of the design and construction of any such redevelopment alternative or modification shall be borne by the Grantee.
b. In the event of damage to the Historic Property, whether covered by Paragraph (5)a. above or by any other provision of this covenant, Grantee shall, in addition to all other obligations of this covenant, promptly take all steps necessary to render any undamaged portions or remains of the Historic Property in a reasonably safe condition and promptly take all commercially reasonable efforts to render the same in a secure and watertight condition and minimize additional damage to the Historic Property.
(F) Inspection. Grantee hereby covenants and agrees that the SHPO, City, or Grantor may, subject to reasonable prior notice in writing to the Grantee, periodically perform reasonable visits to the Historic Property to ascertain whether the Grantee is complying with the conditions of this covenant. The SHPO, City, or Grantor and Grantee shall cooperate in scheduling such visits. (G) Dispute Resolution. Grantee hereby covenants and agrees that if a dispute arises out of or relates to this covenant, or the breach thereof, and the dispute cannot be settled through negotiation, Grantee or any other party seeking to enforce the protections afforded by this covenant hereby agree to first to attempt in good faith to settle the dispute by mediation, before resorting to litigation. Grantee’s responsibilities to carry out all other actions subject to the terms of this covenant that are not the subject of the dispute remain unchanged.

II. IHS ACTIONS
A. Historic Covenant. IHS shall record the Historic Preservation Covenant, referenced in Stipulation I above, as part of the conveyance documents in the permanent real estate records of Santa Barbara County, California, as described herein. Upon notice of the recordation of the Quitclaim Deed containing the Historic Preservation Covenant in Santa Barbara County, California, as described herein, and of the Historic Property’s donation from IHS to AIHS, IHS will send the SHPO and the City an official copy of the transfer document (e.g. complete copy of recorded Quitclaim Deed) and any other documents deemed necessary by IHS.

B. Historic Structures and Site Report. IHS shall send to SHPO and the City the Historic Structures and Site Report.

C. Professional Qualifications Standards. Prior to conveyance, IHS shall ensure that all historical, archaeological, architectural history, architectural, and historic architectural work carried out pursuant to this MOA shall be conducted by or under the direct supervision of an individual or individuals who meet the applicable Secretary of the Interior’s Professional Qualifications Standards for conducting such work (48 FR 44738-9, September 29, 1983), as it may be amended.

D. Advisory Council on Historic Preservation. IHS shall provide a copy of the executed MOA to the ACHP pursuant to 36 CFR Part 800.6.

III. AIHS ACTIONS
A. Alterations or Use Changes. AIHS shall prepare any proposed alterations and use changes in accordance with Stipulation I.B above. All documentation prepared pursuant to Stipulation I.B above shall be submitted to the SHPO and the City for review and approval.

B. Designation of Historic Property as Local Historic Resource. By no later than 120 days after the date the MOA takes effect, AIHS will submit a nomination application to the Santa Barbara Historic Landmarks Commission for initial consideration for designation of the Historic Property as a Structure of Merit. Once the Historic Property passes out of possession of the Federal Government, regardless of whether or not the Historic Property is designated a Structure of Merit, all exterior alterations are under the jurisdiction of the Historic Landmarks Commission.

C. Maintenance Program. Prior to conveyance, AIHS shall preserve and maintain the Historic Property in a manner that preserves and maintains its attributes that contribute to the eligibility of the Historic Property for inclusion in the NRHP. The AIHS shall maintain the Historic Property in good repair and in a clean and safe condition and in a manner that will not exacerbate the normal aging of the Historic Property or accelerate its deterioration, all in accordance with the recommended approaches set for in the Secretary’s Standards and as described in the Historic Structures and Site Report.

IV. DISPUTE RESOLUTION. If, prior to conveyance, any Signatory or Invited Signatory objects to any actions proposed, or the manner in which the terms of this MOA are implemented, over the duration of this MOA, IHS shall consult with them to resolve the objection. If IHS determines that such objection cannot be resolved, IHS shall:
a. Forward all documentation relevant to the dispute, including IHS’s proposed resolution, to ACHP. ACHP shall provide IHS with its advice on the resolution of the objection within thirty (30) calendar days of receiving adequate documentation. Prior to reaching a final decision on the dispute, IHS shall prepare a written response that takes into account any timely advice or comments regarding the dispute from the ACHP and the Concurring Parties and Invited Signatories, and provide them a copy of this written response. IHS will then proceed according to its final decision.
b. If ACHP does not provide its advice regarding the dispute within thirty (30) days, IHS may make a final decision on the dispute and proceed accordingly. Prior to reaching such a final decision, IHS shall prepare a written response that takes into account any timely comments regarding the dispute from Consulting Parties and Invited Signatories to the MOA, and provide them and the ACHP with a copy of such written response. IHS’s responsibilities to carry out all other actions subject to the terms of this MOA that are not the subject of the dispute remain unchanged.

V. DURATION. This MOA will expire on the date that the terms and conditions of the MOA are either complete or recorded in the Quitclaim Deed of transfer of the Historic Property.

This MOA shall expire if its terms are not carried out within three (3) years from the date of its execution. Prior to such time, IHS may consult with the other Consulting Parties and Invited Signatories to reconsider the terms of the MOA and amend it in accordance with Stipulation VI. below.

VI. AMENDMENTS. This MOA may be amended when such an amendment is agreed to in writing by all Consulting Parties and Invited Signatories that signed this MOA. The amendment will be effective on the date a copy signed by all of the Consulting Parties and those Invited Signatories that signed this MOA, and the amendment, is filed with ACHP.

VII. TERMINATION. If any Consulting Party and Invited Signatories that signed this MOA determines that the MOA’s terms will not or cannot be carried out, that party shall immediately consult with the Consulting Parties and the Invited Signatories that have signed the MOA, to attempt to develop an amendment per Stipulation VI. above. If within thirty (30) calendar days (or another time period agreed to by all Signatories and Invited Signatories that signed the MOA) an amendment cannot be reached, any Signatory or Invited Signatory that signed the MOA may terminate the MOA, upon written notification to the others.

Once this MOA is terminated, and prior to work continuing on the Undertaking, IHS must either (a) execute a subsequent MOA pursuant to 36 C.F.R. § 800.6; or (b) request, take into account, and respond to the comments of the ACHP in accordance with 36 C.F.R. § 800.7. IHS shall notify the Consulting Parties and Invited Signatories of the course of action it will pursue.

VIII. EFFECTIVE DATE. This MOA shall become effective immediately upon signature of all Signatories and a copy filed with ACHP. IHS shall provide all Consulting Parties and Invited Signatories with a complete copy of this MOA, including original signature pages, within fourteen (14) calendar days of execution.

EXECUTION OF THE MOA and implementation of its terms evidences that IHS has afforded the ACHP a reasonable opportunity to comment on the Undertaking and its effects on historic properties and that IHS has taken into account the effects of the Undertaking on the Historic Property which is the subject of this MOA.

The parties hereto execute this MOA on the dates hereinafter identified.

Consulting/Concurring Parties:

DEPARTMENT OF HEALTH AND HUMAN SERVICES – INDIAN HEALTH SERVICE By:

CALIFORNIA OFFICE OF HISTORIC PRESERVATION
By:

CITY OF SANTA BARBARA, a municipal corporation
By: Elias Isaacson, Community Development Director
Approved as to Form by: Ariel Pierre Calonne, Santa Barbara City Attorney Invited Signatories:

AMERICAN INDIAN AND HEALTH SERVICES INC.

By:

CITY OF SANTA BARBARA

COUNCIL AGENDA REPORT
AGENDA DATE: May 10, 2022
TO: Mayor and Councilmembers
FROM: Energy and Climate Division, Sustainability & Resilience Department SUBJECT: Approval Of Agreement With Southern California Edison For Renewable Energy Allocation On Behalf Of Santa Barbara Clean Energy
RECOMMENDATION:

That Council accept a voluntary allocation of long-term renewable energy attributes from Southern California Edison (SCE) on behalf of Santa Barbara Clean Energy, as part of its payment of the Power Charge Indifference Adjustment (PCIA) and authorize the City Administrator to execute the Voluntary Allocation Agreement with SCE.

DISCUSSION:

When a Community Choice Aggregation (“CCA”) program is established, customers departing bundled (generation and delivery) service with the Investor-Owned Utilities (IOU), are charged a PCIA fee, sometimes called an “exit fee.” The fee reimburses the IOU, such as Southern California Edison (SCE), for above-market energy contracts the IOU entered into prior to the formation of the CCA and the departure of customers to the CCA, including those now served by Santa Barbara Clean Energy (SBCE). The intent is to ensure that SCE’s remaining customers are not burdened with those legacy energy costs associated with the departing customers.

In the past, while CCA customers paid these above-market costs through the PCIA, CCAs were not able to count the associated renewable energy resources that they were essentially paying for by paying the PCIA, toward their portfolios. In 2021, the California Public Utilities Commission (CPUC) ordered the IOUs to offer CCAs voluntary allocations of PCIA-eligible renewable resources and to sell any unallocated resources through an annual market offer process.

SBCE now has the opportunity to accept voluntary allocations, based on its most recent load forecast, of PCIA-eligible renewable resources from SCE. These allocations will be offered at the Market Price Benchmark, which is established by the current market price in any given year and is the same price used to set the renewable energy cost of the PCIA fee. In order to secure the voluntary allocations, SBCE must participate in SCE’s Agenda Item No. 8
Council Agenda Report
Approval Of Agreement With Southern California Edison For Renewable Energy Allocation On Behalf Of Santa Barbara Clean Energy
May 10, 2022

Page 2 ends

Rev 041619
enrollment process, which closes May 13, 2022, and subsequently enter into a voluntary allocation agreement.

A portion of the PCIA-eligible renewable energy resources includes long-term contracts of ten years or greater, comprised primarily of wind and solar. These contracts will help satisfy a portion of SBCE’s long-term renewable contracting requirement as mandated by Senate Bill 350 (SB 350). SB 350 requires that all load-serving entities, including CCAs, enter long-term renewable energy contracts with energy delivery to begin by the 2021 – 2024 compliance period. SBCE will accept up to 30% of the offered allocation to complete its requirements under SB 350, leaving additional flexibility in its portfolio to enter into or build new renewable generation assets.

On January 12, 2021, Council adopted Resolution No. 21-001 acknowledging that SBCE is a “utility” under the Santa Barbara Charter and, as such, long-term contracts over five years in duration for the procurement of energy do not require City Council approval by ordinance but do require City Council review and approval, where feasible.

The agreement is available for review by request to [email protected]; however, per the SBCE Cost Confidentiality Policy adopted by Council on May 25, 2021, sensitive pricing information has been redacted.

BUDGET/FINANCIAL INFORMATION:

SBCE’s financial commitment, as part of this agreement, is not to exceed $387,329 in 2023 and decreases annually over the twenty year term of the agreement, to $6,704 in 2042. The total not to exceed amount of the agreement is $4,945,500.

SUSTAINABILITY IMPACT:

SBCE offers substantially more renewable and cleaner (carbon free) electricity than currently delivered by SCE. Surplus revenues generated by SBCE may be used to develop energy programs, local projects and incentives to further achieve the objectives set forth in the Strategic Energy Plan or other City goals outlined in other plans, such as the Climate Action Plan.

ENVIRONMENTAL REVIEW:

The City of Santa Barbara has determined that Santa Barbara Clean Energy does not constitute a project subject to environmental review under the provisions of the California Environmental Quality Act (CEQA). The activity to implement and operate SBCE is an administrative action that will not result in a direct physical change to the environment or a reasonably foreseeable indirect change to the environment. The activity is therefore exempt from CEQA environmental review pursuant to the CEQA statute (Public Resources Code Section 21065) and the State CEQA Guidelines (California Code of Regulations Section 15060 and 15378) under which a project subject to CEQA Council Agenda Report
Approval Of Agreement With Southern California Edison For Renewable Energy Allocation On Behalf Of Santa Barbara Clean Energy
May 10, 2022

Page 3 ends

Rev 041619
environmental review does not include “organizational or administrative activities of government that will not result in direct or indirect physical changes in the environment.” Implementing and operating SBCE presents no foreseeable significant adverse impact to the environment over existing conditions because State regulations apply equally to CCAs as they do to investor owned utilities such as SCE.

PREPARED BY: Alelia Parenteau, Acting Sustainability and Resilience Director/bm
SUBMITTED BY: Alelia Parenteau, Acting Sustainability and Resilience Director APPROVED BY: City Administrator’s Office

CITY OF SANTA BARBARA

COUNCIL AGENDA REPORT
AGENDA DATE: May 10, 2022
TO: Mayor and Councilmembers
FROM: Creeks Division, Parks and Recreation Department
SUBJECT: Contract For Biological Monitoring At The Andrée Clark Bird Refuge Restoration Project
RECOMMENDATION:

That Council authorize the Parks and Recreation Director to execute a Professional Services Agreement with Kisner Restoration and Ecological Consulting, Inc. in the amount of $98,422 for biological consulting services related to implementation of the Andrée Clark Bird Refuge Restoration Project.

DISCUSSION:

The City of Santa Barbara Creeks Division is proposing a restoration project at the 42- acre Andrée Clark Bird Refuge (Bird Refuge). The site includes a 32-acre brackish lake with three islands, multi-use trails, and a weir gate at Cabrillo Boulevard that separates the lake from the coastal lagoon on East Beach. The project aims to improve water quality, and aquatic and avian habitat.

The Bird Refuge provides habitat for resident, migratory, and nesting birds, which are protected under the Migratory Bird Treaty Act. The existing beach dunes within the project area provide potential habitat for the federally-listed western snowy plovers, and the Bird Refuge lake supports federally-listed tidewater gobies, both of which are protected under the Endangered Species Act and by the State of California as species of special concern.

Kisner Restoration and Ecological Consulting (Kisner) will provide preconstruction surveys for sensitive birds and wildlife, assistance with relocation of tidewater gobies and other sensitive species from construction zones, on-site biological monitoring of construction activities, multi-year pre- and post- project surveys for tidewater gobies, and preparation of associated reports. The biological monitoring and species relocation are being performed to protect sensitive species and comply with state and federal permits.

Agenda Item No. 9
File Code No. 570.05
Council Agenda Report
Contract For Biological Monitoring At The Andrée Clark Bird Refuge Restoration Project May 10, 2022

Page 2 ends

BUDGET/FINANCIAL INFORMATION:

The estimated budget for the project tasks included in Kisner’s proposal was $88,422.

Given the uncertainty of what species and conditions may be encountered during construction, an additional $10,000 was included in the contract amount to cover any cost increases that may result from necessary changes to the scope of work. Funds for this project are included in the Creeks Division’s Fiscal Year 2022 Capital Improvement Program.

SUSTAINABILITY IMPACT:

The Project, when constructed, aims to provide multiple benefits to the Bird Refuge, including improved water quality, reduced flooding, and restored native habitat for wildlife and park visitors to enjoy. These efforts will contribute to local, regional, and federal objectives of improving water quality and wetland/riparian habitat.

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: Erin Markey, Creeks Restoration Planner
SUBMITTED BY: Jill Zachary, Parks and Recreation Director APPROVED BY: City Administrator's Office

CITY OF SANTA BARBARA

COUNCIL AGENDA REPORT
AGENDA DATE: May 10, 2022
TO: Mayor and Councilmembers
FROM: Water Resources Division, Public Works Department SUBJECT: Contract For Environmental Laboratory Accreditation, Implementation, And Support Services
RECOMMENDATION: That Council:

A. Authorize the Public Works Director to award a Professional Services Contract to A2LA Workplace Training, Inc., in the amount of $148,300 for laboratory environmental accreditation, implementation, and support services; and approve expenditures of up to $14,830 for extra services that may result from necessary changes in the scope of work; and
B. Authorize the Public Works Director to exercise up to three one-year renewal options with A2LA Workplace Training, Inc., to provide quality control services in the annual amount of $83,000.

DISCUSSION:

Background
The City’s Water Resources Laboratory (WR Lab) is a certified environmental laboratory that provides analytical services primarily for the City's Water Resources Division.

Laboratory analyses required by regulatory agencies must be performed by a certified laboratory.

The WR Lab is currently certified by the State Water Resources Control Board (SWRCB) Environmental Laboratory Accreditation Program (ELAP), with approximately 54 fields of accreditation in microbiology, inorganic chemistry, metal, and trace elements, for potable, non-potable, and ambient waters. The WR Lab performs the analytical testing for the regulatory requirements for the City’s drinking water and wastewater permits. Specifically, these permits include the City’s Drinking Water permits issued by the SWRCB, Division of Drinking Water and the City’s Wastewater System permit, referred to as the National Pollutant Discharge Elimination System (NPDES) permit issued by the Regional Water Quality Control Board (RWQCB).

Agenda Item No. 10
File Code No. 630.06
Council Agenda Report
Contract For Environmental Laboratory Accreditation, Implementation, And Support Services
May 10, 2022

Page 2 ends

Project Description
On May 5, 2020, the SWRCB adopted regulations requiring ELAP-certified laboratories to implement the 2016 National Environmental Laboratories Accreditation Conference Institute (TNI) Standard, by January 1, 2024. These nationally accepted standards affect various aspects of how the laboratory is run and accredited, including staff training.

The new TNI Standard is primarily focused on quality control tasks, detailed documentation, and management review. The WR Lab must implement the new TNI requirements for laboratory accreditation to maintain its ELAP certification and to continue providing the City with laboratory services. While the new TNI requirements must be implemented by January 1, 2024, WR Lab staff desire to implement the new requirements at the time of the next WR Lab’s certification renewal, which is April 30, 2023.

Implementing the new TNI Standard is a significant workload, and is anticipated to take 600 to 800 hours of staff time to come into compliance. Furthermore, upholding the WR Lab’s ELAP certification will require approximately 500 additional hours of staff time annually to maintain compliance. Because of this significant workload, combined with the existing and ongoing workload for the WR Lab, staff is seeking consultant support for the TNI implementation and accreditation effort.

Consultant Services
The City released a Request For Proposal (RFP) for TNI Implementation and Accreditation Support Services. The RFP’s scope of work has two distinct phases. Phase 1 consists of implementation and accreditation support that will aid the WR Lab in complying with the new regulations and renewing the WR Lab’s current ELAP certification. Phase 2 consists of an ongoing effort as defined in the TNI Standard to appoint a Quality Manager to ensure WR Lab’s adherence to the Quality Control System.

This ongoing effort represents a significant shift and cost to all certified labs. Given the nature of the duties of this role, staff have determined that this service is best provided by contract services at this time and not through the addition of a new City staff position.

The City received four acceptable proposals, and staff determined A2LA Workplace Training, Inc., (AWT) is best suited to provide the services based on the proposed approach, qualifications, successful experience with similar work efforts, references, and overall responsiveness to the RFP. AWT’s proposal is within the budgeted amount.

Staff recommends that Council authorize the Public Works Director to award a Professional Services Contract to AWT in the amount of $148,300 for laboratory environmental accreditation, implementation, and support services; and approve expenditures of up to $14,830 for extra services that may result from necessary changes to the scope of work. Additionally, staff recommends that Council authorize the Public Works Director to exercise up to three one-year renewal options with AWT to provide Quality Control services for the annual amount of $83,000.

BUDGET/FINANCIAL INFORMATION:

Council Agenda Report
Contract For Environmental Laboratory Accreditation, Implementation, And Support Services
May 10, 2022

Page 3 ends

The negotiated contract with AWT is acceptable to perform the specified contract services, and there are sufficient expenditure appropriations in the Fiscal Year 2022 Adopted Budget for the Wastewater and Water Operating Funds to fund the proposed AWT contract, including extra services. The following summarizes all estimated total Project costs:

ESTIMATED TOTAL PROJECT COST
Phase 1 (Tasks 1, 2, and 3) – Implementation and Accreditation $65,300 Phase 2 (Tasks 4, 5, and 6) – Quality Manager Services $83,000 TOTAL PROJECT COST $148,300
A copy of the contract may be requested from the Public Works Department for public review by contacting [email protected].

ENVIRONMENTAL:

Laboratory environmental accreditation, implementation, and support services are categorically exempt from California Environmental Quality Act review.

WATER COMMISSION:

At the meeting on April 21, 2022, the Board of Water Commissioners voted 4-0-1 to concur with the staff recommendation.

PREPARED BY: Catherine Taylor, Water Supply and Services Manager/GF/lm SUBMITTED BY: Clifford M. Maurer, P.E., Public Works Director APPROVED BY: City Administrator’s Office

CITY OF SANTA BARBARA

COUNCIL AGENDA REPORT
AGENDA DATE: May 10, 2022
TO: Mayor and Councilmembers
FROM: Engineering Division, Public Works Department
SUBJECT: Adoption Of Resolution Regarding Appropriations For Contract For Construction Of Fiscal Year 2022A Pavement Maintenance Project And Contract For Design Of Fiscal Year 2023 Pavement Maintenance Projects
RECOMMENDATION: That Council:

A. Award a contract with American Asphalt South, Inc., in their low bid amount of $2,101,550 for construction of the Fiscal Year 2022A Pavement Maintenance Project, Bid No. 4070; and authorize the Public Works Director to execute the contract and approve expenditures up to $210,155 to cover any cost increases that may result from contract change orders for extra work and differences between estimated bid quantities and actual quantities measured for payment; B. Authorize the Public Works Director to execute a contract with Flowers & Associates, Inc., in the amount of $252,636 for construction support services for the Fiscal Year 2022A Pavement Maintenance Project, and approve expenditures of up to $25,264 for extra services of Flowers & Associates, Inc., that may result from necessary changes in the scope of work;
C. Authorize the Public Works Director to execute a contract with Flowers & Associates, Inc., in the amount of $337,492 for design services for the Fiscal Year 2023 Pavement Maintenance Projects, and approve expenditures of up to $33,749 for extra services of Flowers & Associates, Inc., that may result from necessary changes in the scope of work; and
D. Adopt a Resolution of the Council of the City of Santa Barbara Amending Resolution No. 21-045, Adopting the Budget for Fiscal Year 2022, to Appropriate Reserves for Pavement Maintenance Contracts.

Agenda Item No. 11
File Code No. 530.04
Council Agenda Report
Adoption Of Resolution Regarding Appropriations For Contract For Construction Of Fiscal Year 2022A Pavement Maintenance Project And Contract For Design Of Fiscal Year 2023 Pavement Maintenance Projects
May 10, 2022

Page 2 ends

DISCUSSION:

Project Description for Fiscal Year 2022A Pavement Maintenance Project The Fiscal Year 2022A Pavement Maintenance Project (Fiscal Year 2022A Project) will address high priority pavement maintenance needs throughout the City. The Fiscal Year 2022A Project consists of micro-milling, crack sealing, and slurry sealing of City streets and the Chase Palm Park Parking Lot at the Waterfront. Slurry seals extend the life of existing pavements by protecting the undersurface from the effects of aging and the environment, including water intrusion. The maintenance work is anticipated to take place between June and November 2022.

Contract Bids
A total of four bids were received for the subject work, ranging as follows:

BIDDER BID AMOUNT

1. American Asphalt South, Inc.

Riverside, CA
$2,101,550.00

2. Intermountain Slurry Seal, Inc.

Reno, NV
$2,507,413.75

3. VSS International, Inc.

West Sacramento, CA
$2,542,325.00

4. Roy Allan Slurry Seal, Inc.

Santa Fe Springs, CA
$2,970,184.00
The low bid of $2,101,550 submitted by American Asphalt South, Inc., is an acceptable bid that is responsive to and meets the requirements of the bid specifications.

The change order funding recommendation of $210,155, or 10 percent, is typical for this type of work and size of project.

Construction Phase Contract Services for Fiscal Year 2022A Project In Fiscal Year 2019, Flowers & Associates, Inc., (Flowers) was selected through a competitive Request for Qualifications process to provide design and construction support services for the City’s Annual Pavement Maintenance Projects for Fiscal Years 2020 through 2025.

Staff recommends that Council authorize the Public Works Director to execute a contract with Flowers in the amount of $252,636 for construction management, inspection, and Council Agenda Report
Adoption Of Resolution Regarding Appropriations For Contract For Construction Of Fiscal Year 2022A Pavement Maintenance Project And Contract For Design Of Fiscal Year 2023 Pavement Maintenance Projects
May 10, 2022

Page 3 ends

testing services, with $25,264 for potential extra services, for a total amount of $277,900, for the Fiscal Year 2022A Project.

Community Outreach
Following the award of the Fiscal Year 2022A Project construction contract, staff will send a notification to residents and property owners to provide detailed information about the upcoming work in their neighborhood. The contractor is required to perform door-to-door outreach with all businesses directly affected by the work at a minimum of two weeks prior to the scheduled work. In addition, the contractor is required to deliver door hangers to each property adjacent to the work area 72 hours in advance of the commencement of work in order to notify residents of the planned schedule. “No Parking” signs will be posted by the contractor 72 hours in advance of work commencement.

Project Description for Fiscal Year 2023 Pavement Maintenance Project The Fiscal Year 2023 Citywide Pavement Maintenance Projects (Fiscal Year 2023 Projects) will focus on maintaining high priority streets throughout the City.

The total construction budget anticipated for the Fiscal Year 2023 Projects is approximately $8 million. In order to most efficiently and effectively deliver such a large scope of work, staff expects that the Fiscal Year 2023 Projects will be constructed in two phases: Phase One for slurry seal treatment of City Streets (Fiscal Year 2023A), and Phase Two for concrete and surface treatments (Fiscal Year 2023B). Construction is anticipated to take place in calendar years 2022 and 2023.

Design Phase Engineering Services for Fiscal Year 2023 Projects Staff recommends that Council authorize the Public Works Director to execute a contract with Flowers in the amount of $337,492 for design services, with $33,749 for potential extra services, for a total amount of $371,241, for the Fiscal Year 2023 Projects.

The scope of services for the design contract include the following:
 Surveying the existing pavement conditions;
 Topographic survey of selected locations requiring detailed design;  Marking streets for pavement repair work;
 Estimating pavement repair costs;
 Prioritizing pavement repairs;
 Preparing plans and specifications for Phase One and Phase Two projects; and  Preparing construction cost estimates for all components of construction including:
pavement preparation, overlay, slurry seal, crack seal, concrete repairs, access ramps, and alternative repair options.

Council Agenda Report
Adoption Of Resolution Regarding Appropriations For Contract For Construction Of Fiscal Year 2022A Pavement Maintenance Project And Contract For Design Of Fiscal Year 2023 Pavement Maintenance Projects
May 10, 2022

Page 4 ends

BUDGET/FINANCIAL INFORMATION:

Pavement maintenance is typically funded from a variety of sources. This Project is primarily funded by reserves in the Streets and Measure A Funds, since inadequate expenditure appropriations exist in the Fiscal Year 2022 Streets and Measure A Capital Funds to cover these added costs. Adequate, available reserve funds exist in the Streets and Measure A Operating Funds to approve the proposed appropriations in this report to ensure sufficient appropriations for the proposed contracts. The Streets and Measure A Operating Funds do not have a Council policy reserve, however the proposed appropriations are projected to not reduce the reserves in both funds below internal reserve policy targets. The Waterfront Department will fund the Chase Palm Parking Lot portion of this contract.

With the recommended appropriations, there will be sufficient appropriated funds in the Streets Capital, Measure A Capital, and Waterfront Capital Funds to cover the construction cost of the Fiscal Year 2022A Pavement Maintenance Project and design costs for the Fiscal Year 2023 Pavement Maintenance Projects.

The following table summarizes the estimated total project cost for the Fiscal Year 2022A Project:

ESTIMATED TOTAL PROJECT COST
FISCAL YEAR 2022A PAVEMENT MAINTENANCE PROJECT
*Cents have been rounded to the nearest dollar in this table.

Design (Flowers) $130,000
City Staff Costs $11,660
Design Subtotal $141,660
Construction Contract $2,101,550
Construction Change Order Allowance $210,155
Subtotal $2,311,705
Construction Management/Inspection (Flowers) $277,900
Construction Management/Inspection (by City Staff) $52,100 Subtotal $330,000
Construction Subtotal $2,641,705
TOTAL PROJECT COST $2,783,365
A copy of the contracts may be requested from the Public Works Department for public review; please contact [email protected] to request a copy.

Page 5 ends

ENVIRONMENTAL REVIEW:

The Fiscal Year 2022A Project was determined exempt under California Environmental Quality Act Section 15301 repair and maintenance of existing facilities with no expansion of use on April 18, 2022.

ATTACHMENT: Fiscal Year 2022A Pavement Maintenance – Location Map and Street Listing
PREPARED BY: Ashleigh A. Shue, P.E., Interim City Engineer/AZ/sk SUBMITTED BY: Clifford M. Maurer, P.E., Public Works Director APPROVED BY: City Administrator’s Office
352-(&7/2&$7,210$3
&LW\RI6DQWD%DUEDUD

ATTACHMENT

ATTACHMENT
Streets to be treated with Slurry Seal
for Fiscal Year 2022-A Pavement Maintenance Project

Page 1 ends

Street Name From To
East Side
Salinas Street Aps 101
Old Coast Hwy Salinas St Hot Springs Road
Ocean View Ave Old Coast Hwy End
Harbor View Drive Old Coast Hwy Scenic Drive
Country Club Drive Harbor View Drive End
Scenic Drive End End
Oak Park Area
Alamar Ave Junipero St De La Vina St
Bath Street Alamar Ave Quinto St
Castillo St Alamar Ave Junipero St
Junipero St Calle Real Alamar
Junipero St Oak Park Ln Castillo St
Nogales Ave Bath St De La Vina St
Oak Park Lane Junipero St Padre Street
Orella St Alamar Ave Quinto St
Padre St Oak Park Ln Bath St
Pueblo Ave Oak Park Ln Castillo St
Quinto St Castillo Alamar
Chase Palm Park P Lot Riviera Area Alturas Del Sol W/S Las Alturas Rd Cds Alvarado Pl N/S Lasuen Rd S/S Mission Ridge
Rd
Arbolado Rd N/S Aps Rd S/S Mission Ridge Rd
Camino Verde E/S Las Alturas Rd Cds
Dover Lane W/S Dover Rd Cds

ATTACHMENT
Streets to be treated with Slurry Seal
for Fiscal Year 2022-A Pavement Maintenance Project

Page 2 ends

Street Name From To
East Las Tunas Rd E/S Las Tunas Rd N/S Mission Ridge
Rd
El Cielito Rd N/S Mountain Dr E/S Gibraltar Rd
Fairwood Dr N/S Rockwood Dr Cds
Franceschi Rd W/S Hillcrest Rd N/S Mission Ridge
Rd
Gibraltar Rd N/S Mountain Dr N/S El Cielito Rd
Hillcrest Rd N/S Mission Ridge Rd S/S Sr 192
Las Alturas Rd W/S Loma Media N/S Alisal Rd
Las Alturas Rd E/S Mission Ridge Rd E/S Loma Media
Las Alturas Rd S/S Alisal Rd N/S Aps
Las Tunas Rd N/S East Las Tunas Rd Cds
Lasuen Rd N/S Aps Rd W/S Moreno Rd
Loma Media Rd N/S Las Alturas Rd E/S Roble Ln
Mission Ridge Rd W/S Sr 192 S/S Las Alturas Rd
Mount Calvary Rd N/S El Cielito Rd City Limits
Mountain Dr E/S Gibraltar Rd E/S El Cielito Rd
Paterna Rd S/S San Carlos Rd N/S Dover Rd
Roble Lane N/S Loma Media Rd S/S Arbolado Rd
Rockwood Dr E/S Mountain Dr W/S El Cielito Rd
Tierra Cielo Ln W/S Las Canoas Cds
Tremonto Rd N/S Mission Ridge Rd S/S Mountain Dr
Viscaino Rd W/S Arbolado Rd End
Wooddale Ln N/S Rockwood Dr End
RESOLUTION NO.

ADOPT A RESOLUTION OF THE COUNCIL OF THE CITY
OF SANTA BARBARA AMENDING RESOLUTION NO. 21-
045, ADOPTING THE BUDGET FOR FISCAL YEAR 2022,

TO APPROPRIATE RESERVES FOR PAVEMENT

MAINTENANCE CONTRACTS
WHEREAS, in accordance with the City Charter, the City Administrator filed with the Council a proposed budget for the fiscal year beginning July 1, 2021; WHEREAS, the City Council is required to adopt a budget before the beginning of the fiscal year on July 1, 2021;
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, as authorized by Resolution No. 21-045, this Resolution approves the amendment to the budget as provided herein.

1. The Council approves the appropriation of available reserve funds in the Measure A Operating Fund in the amount of $668,227 to increase revenue and expenditure appropriations in the Fiscal Year 2022 Overlays Project in the Measure A Capital Fund budget in the amount of $668,227 to fund the proposed American Asphalt, Inc. and Flowers & Associates, Inc. contracts for the construction of the Fiscal Year 2022A Pavement Maintenance Project, and design of the Fiscal Year 2023 Pavement Maintenance Projects.

2. The Council approves the appropriation of available reserve funds in the Streets Operating Fund in the amount of $1,869,959 to increase revenue and expenditure appropriations in the Fiscal Year 2022 Overlays Project in the Streets Capital Fund budget in the amount of $1,869,959 to fund the proposed American Asphalt, Inc. and Flowers & Associates, Inc. contracts for the Fiscal Year 2022A Pavement Maintenance Project.

CITY OF SANTA BARBARA

COUNCIL AGENDA REPORT
AGENDA DATE: May 10, 2022
TO: Mayor and Councilmembers
FROM: Engineering Division, Public Works Department
SUBJECT: Update On Santa Barbara County Association Of Governments Broadband Strategic Plan
RECOMMENDATION:

That Council receive and comment on a presentation by the Santa Barbara County Association of Governments and the Broadband Consortium of the Pacific Coast.

DISCUSSION:

The Santa Barbara County Association of Governments’ (SBCAG) Broadband Strategic Plan team will make a presentation to Council on the scope of the project, status of work completed to date, upcoming community outreach, and anticipated deliverables.

On November 16, 2021, the City Council authorized the City to enter into a Memorandum of Understanding with SBCAG, including appropriating $60,460 of the American Rescue Plan Act funds from the federal government.

Information on the Broadband Strategic Plan, including instructions for the public to complete a survey and speed test, can be found at www.sbcag.org/broadband.

BUDGET/FINANCIAL INFORMATION:

The proposed action does not have a financial impact on the City.

PREPARED BY: Adam Hendel, Principal Engineer/lm
SUBMITTED BY: Clifford M. Maurer, P.E, Public Works Director APPROVED BY: City Administrator’s Office
Agenda Item No. 12

Santa Barbara City CouncilMay 10, 2022

Santa Barbara City Council
May 10, 2022