Agenda packet, first session — Santa Barbara City Council, May 17, 2022 (part 2 of 2)

ATTACHMENT 3
Increase
Increase (Decrease) in Addition to
(Decrease) in Estimated (Use of)
Appropriations Revenues Reserves
SPECIAL REVENUE FUNDS (Continued)
Community Development Miscellaneous Grants Fund (2810)
Increase revenue and expenditure approprations in the Community Development Miscellaneous Grants Fund by $542,517. The County of SB recently awarded the City a $542,517 ESG-CV grant to help offset a portion of the cost of operating the Bridge Housing program. This is a Federal pass-through grant with revenue and expenditure to be realized in FY22.
$ 542,517 542,517 $ - $
Total Community Development Miscellaneous Grants Fund (2810) 542,517 $ 542,517 $ - $ Library Miscellaneous Grants Fund (2850)
Increase estimated revenue and appropriations as the California State Library awarded the Library $5,250 in grant funding to support the Book to Action program to encourage reading, discussion, and action on issues facing the community. The Library would like to request to appropriate the funds. $ 5,250 5,250 $ - $
The Library has been awarded $1,500 by First 5 Santa Barbara County for early literacy work completed through Storywalks. The Library would like to request to appropriate the funds. $ 1,500 1,500 $ - $ The California State Library awarded the Library $9,000 for the Zipbooks program to support additional access to material.

The Library would like to request to appropriate the funds. $ 9,000 9,000 $ - $ The Library was awarded $2,500 in LSTA grant funds to participate in Dia De Los Ninos, an initiative to support literacy for children of all backgrounds. $ 2,500 2,500 $ - $
The California State Library awarded the Library $9,850 in grant funding to support lunch distribution and summer programing at the Library. The Library would like to request to appropriate the funds. $ 9,850 9,850 $ - $ Total Library Miscellaneous Grants Fund (2850) 28,100 $ 28,100 $ - $ Parks and Recreation Miscellaneous Grants Fund (2860)
Increase estimated revenue and appropriations to receive a miscellaneous grant for Rose Garden Improvements. $ 5,000 5,000 $ - $ Total Parks and Recreation Miscellaneous Grants Fund (2860) 5,000 $ 5,000 $ - $ Streets Capital Fund (3400)
Increase appropriations to transfer funds to the Streets Operating Fund (2400). This is needed to reimburse the Streets Operating Fund for unused project funds. $ - 63,827 $ (63,827) $ $ - 11,371 $ (11,371) $
$ - (11,371) $ 11,371 $
$ - 10,000 $ (10,000) $
$ - (10,000) $ 10,000 $
$ - 4,262 $ (4,262) $
$ - (4,262) $ 4,262 $
Total Streets Capital Fund (3400) $ - 63,827 $ (63,827) $ Streets Grant Capital Fund (3410)
Increase estimated revenues and appropriations by $115,089 for federal grant funding for the environmental mitigation & monitoring of the De La Guerra bridge replacement project. $ 115,089 115,089 $ - $ $ 2,000 2,000 $ - $
Total Streets Grant Capital Fund (3410) $ 117,089 117,089 $ - $ Increase appropriations to transfer out a combined total of $11,371 from the Mission Creek Flood Control and Post Bridge Construction Monitoring projects in the Streets Capital Fund (3400) to the Anapamu Bridge Replacement project in the Measure A Capital Fund (3440) to cover approved contract services for the project. Reduce appropriations for each project as the two Streets Capital projects are now complete.

Increase appropriations to transfer out $10,000 from the Mission Creek Flood Control project in the Streets Capital Fund (3400) to the Gutierrez Street Bridge Replacement project in the Measure A Capital Fund (3440) to cover the approved contract services. Reduce appropriations as the Streets Capital account has available funds as the project is close to completion and has scope of work savings.

Increase appropriations to transfer out $4,262 from the Mission Creek Flood Control project in the Streets Capital Fund (3400) to the Montecito/Yanonali Bridge project in the Measure A Capital Fund (3440) to cover the approved contract services. Reduce appropriations as the Streets Capital account has available funds as the project is close to completion and has scope of work savings.

Increase estimated revenues and appropriations to transfer in $2,000 from the Mission Creek Flood Control project in the Measure A Capital Fund (3440) to the Habitat Restoration Mitigation project in the Streets Grant Capital Fund (3410) to cover additional monitoring and mitigation expenses that were previously approved.

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ATTACHMENT 3
Increase
Increase (Decrease) in Addition to
(Decrease) in Estimated (Use of)
Appropriations Revenues Reserves
SPECIAL REVENUE FUNDS (Continued)
Measure A Capital Fund (3440)
Increase estimated revenues and appropriations to transfer in $11,371 from the Mission Creek Flood Control and Post Bridge Construction Monitoring projects in the Streets Capital Fund (3400) to the Anapamu Bridge Replacement project in the Measure A Capital Fund (3440) to cover approved contract services for the project. $ 11,371 11,371 $ - $
Increase estimated revenues and appropriations to transfer in $10,000 from the Mission Creek Flood Control project in the Streets Capital Fund (3400) to the Gutierrez Street Bridge Replacement project in the Measure A Capital Fund (3440) to cover the approved contract services.
$ 10,000 10,000 $ - $
Increase estimated revenues and appropriations to transfer in $4,262 from the Mission Creek Flood Control project in the Streets Capital Fund (3400) to the Montecito/Yanonali Bridge project in the Measure A Capital Fund (3440) to cover approved contract costs for monitoring and mitigation.
$ 4,262 4,262 $ - $
$ - 2,000 $ (2,000) $
$ - (2,000) $ 2,000 $
Total Measure A Capital Fund (3440) $ 25,633 25,633 $ - $

ENTERPRISE FUNDS
Water Operating Fund (5000)
$ - 98,056 $ (98,056) $
$ - (98,056) $ 98,056 $
Increase estimated revenue and appropriations for $710,798 of State grant funding for unpaid water billings. Staff applied for funding via the California Water Arrearage Payment Program. The program is being applied to unpaid water charges on 1,107 accounts in arrears as of June 15, 2021.
$ 710,798 710,798 $ - $
Total Water Operating Fund (5000) $ 710,798 710,798 $ - $ Downtown Parking Capital Fund (5310)
Increase appropriations to transfer funds to the Downtown Parking Operating Fund (5300). This is needed to reimburse the Operating Fund for unused project funds. $ - 656 $ (656) $ Total Downtown Parking Capital Fund (5310) $ - 656 $ (656) $ Solid Waste Fund (5400)
Payments to Marborg Industries for waste hauling services is based on a percentage of solid waste rate revenue received.

This year, because rate revenue is projected to be well above budget, the amount projected to be paid to MarBorg is currently projected to be above budget. This budget adjustment request increases the appropriation to pay MarBorg industries their contractual compensation, to be funded by increased estimated rate revenue. $ 1,000,000 1,000,000 $ - $
Total Solid Waste Fund (5400) $ 1,000,000 1,000,000 $ - $ Golf Course Fund (5600)
Increase estimated revenue and appropriations as the golf course anticipates higher revenues and performance incentive costs. $ 230,000 230,000 $ - $
Total Golf Course Fund (5600) $ 230,000 230,000 $ - $
Airport Operating Fund (5700)
Increase appropriations for a contract to perform all required inspections, testing, certification, preventative maintenance and repair on the fire suppression, monitoring and alarm systems as required by NFPA in six Airport building complexes. $ - 125,000 $ (125,000) $ Increase appropriations for contract security services inside terminal (non-badged) to monitor and control TSA security $ - 60,000 $ (60,000) $ Increase appropriations for unanticipated expenses related to recruitment, a law enforcement audit, and administrative suppo $ - 135,000 $ (135,000) $ Total Airport Operating Fund (5700) $ - 320,000 $ (320,000) $ Increase appropriations to transfer out $2,000 from the Mission Creek Flood Control project in the Measure A Capital Fund (3440) to the Habitat Restoration Mitigation project in the Streets Grant Capital Fund (3410) to cover additional monitoring and mitigation expenses that were previously approved. Reduce appropriations as the project in the Measure A Capital Fund has available funds as the project is close to completion and has scope of work savings.

Increase appropriations for an additional allocation to transfer $98,056 from Water Distribution to the Fleet Replacement Fund (6410) to purchase two hybrid Ford F-150s for positions that were created in the recent Water re-organization.

Vehicle purchases will be funded from reduced appropriations from salary savings in Water Distribution.

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ATTACHMENT 3
Increase
Increase (Decrease) in Addition to
(Decrease) in Estimated (Use of)
Appropriations Revenues Reserves
ENTERPRISE FUNDS (Continued)
Airport Capital Fund (5710)
Increase appropriations for the replacement of old 2-way radios at the Airport as part of a citywide replacement program $ - 95,855 $ (95,855) $ Total Airport Capital Fund (5710) $ - 95,855 $ (95,855) $

INTERNAL SERVICE FUNDS
Fleet Maintenance Fund (6400)
Appropriate $30,000 to transfer from Fleet Maintenance Fund Reserves (6400) to the Fleet Replacement Fund (6410) to assist the Fire Department in purchasing their first electric truck, a Ford Lightning, to replace an existing Ford F-150 with high mileage. In order to achieve the 2035 net zero emissions goal, Fleet is encouraging electric vehicle purchases. $ - 30,000 $ (30,000) $ Total Fleet Maintenance Fund (6400) $ - 30,000 $ (30,000) $ Fleet Replacement Fund (6410)
Increase estimated revenues and appropriations by $30,000 from a transfer from Fleet Maintenance Fund Reserves (6400) to the Fleet Replacement Fund (6410) to assist the Fire Department in purchasing their first electric truck, a Ford Lightning, to replace an existing Ford F-150 with high mileage. In order to achieve the 2035 net zero emissions goal, Fleet is encouraging electric vehicle purchases.
$ 30,000 30,000 $ - $
Increase estimated revenues and appropriations by $98,056 from a transfer from Water Fund Reserves (5000) to the Fleet Replacement Fund (6410) to purchase two hybrid Ford F-150s for positions that were created in the recent Water reorganization. Vehicle purchases will be funded from salary savings in Water Distribution. $ 98,056 98,056 $ - $
Total Fleet Replacement Fund (6410) $ 128,056 128,056 $ - $ Energy Management Fund (6500)
In December 2021, Council accepted a grant from the Governor's Office of Emergency Services for Power Resiliency Programs in the amount of $169,000. The Final award amount was actually $169,600.02. This adjustment request adjusts both the associated revenue and expenditure account by $600.02. $ 600 600 $ - $
Total Energy Management Fund (6500) $ 600 600 $ - $

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CITY OF SANTA BARBARA

COUNCIL AGENDA REPORT
AGENDA DATE: May 17, 2022
TO: Mayor and Councilmembers
FROM: Water Resources Division, Public Works Department SUBJECT: Cachuma Conservation Release Board’s Fiscal Year 2023 Budget Ratification
RECOMMENDATION:

That Council ratify the Cachuma Conservation Release Board’s Fiscal Year 2023 Budget, with the City’s proportional share not to exceed $502,415.

DISCUSSION:

Background
The Cachuma Conservation Release Board (CCRB) is a joint powers authority agency consisting of three of the four South Coast members of the Cachuma Project: the City of Santa Barbara (City), the Goleta Water District, and the Montecito Water District. The Carpinteria Valley Water District withdrew from the CCRB on January 1, 2011.

Councilmember Kristen Sneddon represents the City on the CCRB.

The CCRB represents the interests of its members in matters relating to the Cachuma Project water rights. Major efforts over the years have included preparing technical information and responding to the Cachuma Project Federal Biological Opinion (BO) and the Cachuma Project State Water Rights Order. A brief update for each is provided below.  Cachuma Project Federal Biological Opinion: The Southern California steelhead (steelhead), which occurs in the Santa Ynez River, was listed as endangered under the Federal Endangered Species Act in 1997. In response to this listing, the National Marine Fisheries Service (NMFS), after consultation with the U.S. Bureau of Reclamation (Reclamation), issued the BO in 2000, which addresses the effects of the Cachuma Project’s operations on steelhead and its designated critical habitat in accordance with Section 7 of the Endangered Species Act of 1973. Because Reclamation was unable to timely meet certain habitat restoration requirements contained in the BO, Reclamation is again consulting with NMFS pursuant to Section 7, in particular by preparing a new Biological Assessment for the Cachuma Project operations. NMFS will use the Biological Assessment to create a new BO that will then govern operations of Cachuma Lake and its effect on steelhead and its designated critical habitat. It is important for CCRB to participate in these efforts by Agenda Item No. 8
File Code No. 540.03
Council Agenda Report
Cachuma Conservation Release Board Fiscal Year 2023 Budget Ratification May 17, 2022

Page 2 ends

providing biological and hydrological technical support, while also protecting the Cachuma Project operations and the City’s available water supply.  Cachuma Project State Water Rights Order: After nearly two decades of work, the State Water Resources Control Board (Water Board) adopted a new water rights order on September 17, 2019. The new order directs Reclamation to increase flows on the Santa Ynez River below Bradbury Dam to provide additional habitat for steelhead and maintain the species in good condition. To minimize impacts on local water users, higher flows will be required only during wetter years. However, this will reduce available storage in Cachuma going into normal and dry years, and it will reduce supplies available for use by the Cachuma Member Units. The new order imposes multiple operational conditions on Reclamation as permit holder, and City staff is working with CCRB to provide biological and hydrological technical support to help Reclamation develop plans that comply with these conditions.

Proposed Action
On April 7, 2022, the CCRB approved the Fiscal Year 2023 Budget (see Attachment). To become effective, the budget must be ratified by each member agency. The total CCRB budget is $1,229,000, which is an $84,000 increase from last year’s budget of $1,145,000, for an overall increase of 7.34%. The City’s cost share is 40.88%, which is $502,415 for Fiscal Year 2023.

Of CCRB’s proposed budget changes, as compared to last year, Administrative Services have increased by $7,000, or 2.29%; Legal Services have increased by $92,000, or 15.16%; and Consultant Activities are to decrease by $15,000, or 5.40%. Consultant activities pertain to providing biological, hydrological, and regulatory advisory services to CCRB in support of Reclamation, while also working to protect the Cachuma Project operations and the City’s available water supply. Costs for legal and consultant services are referred to in generalities, as they represent work that is protected from disclosure under the attorney work product privilege and related statutory and common law privileges due to the potential for litigation associated with these matters.

BUDGET/FINANCIAL INFORMATION:

The CCRB’s total proposed budget for Fiscal Year 2023 is $1,229,000. The Recommended Water Operating Fund Budget for Fiscal Year 2023 includes sufficient funds to cover the City’s 40.88% cost share of the CCRB budget, which is $502,415.

ATTACHMENT: CCRB Fiscal Year 2023 Approved Budget
PREPARED BY: Catherine Taylor, P.E., Water Supply and Services Manager/lm SUBMITTED BY: Clifford M. Maurer, P.E., Public Works Director APPROVED BY: City Administrator’s Office

CACHUMA

CONSERVATION

RELEASE BOARD
City of Santa Barbara
Goleta Water District
Montecito Water District
P.O. Box 3767
Santa Barbara, CA 93105
www.ccrb-board.org
April 7, 2022
(Letter sent by Email)
Ryan Drake, Water Supply and Conservation Manager
Goleta Water District
4699 Hollister Avenue
Goleta, CA 93110
Cathy Taylor, Water System Manager
City of Santa Barbara
630 Garden Street
Santa Barbara, CA 93101
Nick Turner, General Manager
Montecito Water District
583 San Ysidro Road
Montecito, CA 93108
RE: CCRB FISCAL YEAR 2022/2023 BUDGET FOR APPROVAL
Dear Mr. Drake, Ms. Taylor and Mr. Turner:

The Cachuma Conservation Release Board (CCRB) approved its Fiscal Year 2022/2023 (FY23) operating budget on Thursday, April 7 in a noticed, public meeting. The complete budget, including line item accounts and Member Agencies’ quarterly and annual contributions, is found in Attachment 1. Pursuant to the Joint Powers Authority (JPA) agreement under which CCRB is formed, the approved budget is to be submitted to and approved by each Member Agency’s governing body. This letter conveys the approved budget to you for presentation to your decision-makers for consideration and approval. Upon Member Agencies’ approval, the CCRB budget becomes final for the new fiscal year.

Many of the Table 1 Account Codes that comprise the proposed budget are easily derived. For example, there are reasonably predictable auditing, accounting, storage, information technology and management costs that can be anticipated, calculated and budgeted. Other costs are not as easily derived; reasoned estimates of anticipated (and sometimes unpredictable) workload and associated costs are used to inform these proposed line items. As a result, the legal and technical support-related costs in Table 1 are necessarily based on several assumptions. The assumptions derive from discussions with CCRB’s legal and technical representatives, federal and state agency personnel, and the considered input of the CCRB Board regarding likely workload that could result from actions taken by the state and federal agencies that ultimately control the regulatory processes in which CCRB is involved.

ATTACHMENT 1
CCRB Approved FY23 Budget
For Member Agency Consideration
2 Fiscal Analysis
The board-approved FY23 CCRB budget is $1,229,000 (Table 1), which reflects an $84,000 increase from CCRB’s current-year budget of $1,145,000. The cost allocation to CCRB Member Agencies (Table 2) is based on allocation percentages established by the JPA. The account codes that make up the proposed budget and the assumptions on which they are based are discussed below.

Code 5050 – Storage Space. Currently, CCRB pays a local storage facility for space that accommodates multiple four-drawer file cabinets and banker’s boxes of hard-copy files that range in date from 1980’s to 2021. The $5,000 budgeted cost is based on $416/month x 12 months.

Code 5100 – Audit. The auditing of CCRB’s accounts is current through FY21; an audit of FY22 will get underway shortly. The FY23 budgeted amount of $14,000 (an increase of $2,000 from previous fiscal year) assumes a single year audit will be performed with little or no additional staff assistance required.

Code 5200 – Insurance. CCRB’s board members and certain liabilities are insured through the Special Districts Risk Management Association (SDRMA). To access coverage through SDRMA, CCRB must be a member of and pay dues to the California Special Districts Association (CSDA). As in FY22, $7,000 is proposed to cover CSDA dues and SDRMA insurance premiums for FY23.

Code 5301 – Executive Director Compensation. The proposed FY23 amount of $190,000 addresses both compensation as well as administrative costs associated with this employee status (e.g., various state and federal payroll taxes). The budgeted amount also accommodates the potential for the board to consider an increase to the Executive Director’s compensation, as allowed by the terms of the contract between the Executive Director and CCRB.

Code 5304 – Accounting and Payroll Support. Accountability Plus and its franchisee Payroll Vault provide bookkeeping, invoicing, accounting and payroll services to CCRB through this code. The proposed budget amount of $16,000 anticipates an average of $1,350/month for these services in FY23.

Code 5312 – Miscellaneous Administrative Expenses. This code serves as a contingency for any unanticipated overages in administrative service codes. The budgeted amount ($4,000) is unchanged from the previous fiscal year.

Code 5313 – Communications/Computer. This code provides funds for CCRB email and website hosting, cell phone, computer, internet and related information technology costs. As in the previous fiscal year, the proposed budget amount of $8,000 accounts for these costs.

Code 5316 – Admin Fixed Assets. This code provides for job-related hardware and material purchases, should such be necessary. The proposed budget amount of $4,000 is unchanged from FY22.

Code 5330 – Admin Travel. This code covers Executive Director travel-related costs to allow attendance at professional conferences and symposia representing CCRB. The proposed budget amount of $4,000 is unchanged from the previous fiscal year.

Code 5331 – Travel Expenses Federal and State Meetings. This code covers Executive Director travelrelated costs for attending anticipated meetings in Fresno, Long Beach, Sacramento, Washington DC and possibly elsewhere regarding the state and federal regulatory processes that are underway. These costs did ATTACHMENT 2
CCRB Approved FY23 Budget
For Member Agency Consideration
3 not materialize in FY22 due to coronavirus-related travel restrictions that applied throughout the period.

In the event that travel to such meetings can be accomplished in FY23, an amount of $14,000 is proposed, which is unchanged from the FY22 budget.

Code 5332 – Transportation. This code covers minor transportation travel costs that may be incurred during the year. The budget amount ($1,000) is unchanged from the previous fiscal year.

Code 7000 – General Legal and Regulatory Activities. This code provides for general counsel services through the year, including attendance at board meetings, review of board agenda materials, preparation of resolutions, employment matters and contract review. This code also includes certain legal and expert regulatory advisory consultant costs, representing work that is: (a) being undertaken in anticipation of litigation; and (b) protected from disclosure under the attorney work product privilege and related statutory and common law privileges.

Code 7001 – Federal Consultation Support Activities. This code includes estimated legal costs related to the Consultation and Biological Opinion (BO) process underway with the U.S. Bureau of Reclamation (USBR) and the National Marine Fisheries Service (NMFS) pursuant to Sec. 7 of the federal Endangered Species Act. Additionally, the code includes certain estimated biological and hydrological consultant costs representing work that is: (a) being undertaken in anticipation of litigation; and (b) protected from disclosure under the attorney work product privilege and related statutory and common law privileges.

Code 7002 – SWRCB Water Rights Activities. This code includes estimated legal costs associated with the State Water Resources Control Board’s (SWRCB) ongoing water rights proceeding relating to the Santa Ynez River. The estimate incorporates consideration of requirements imposed by Order 2019-0148, issued September 17, 2019 and any anticipated legal support that will be required in FY23.

Code 7200 – SWRCB Biological Technical Support. The SWRCB’s September 17, 2019 Order requires that USBR develop and submit for SWRCB review and approval a host of plans that address the effects of the new Order’s water flow regime on the Lower Santa Ynez River. Prior to submittal, each plan must be reviewed by NMFS and California Dept. of Fish and Wildlife, and USBR must address each agencies’ comments as part of each plan that is submitted for SWRCB consideration. USBR has requested CCRB’s assistance in developing several of these plans, and the CCRB board has approved this assistance.

The majority of this assistance is biologically based. This Account Code covers the CCRB biological consultant’s (ICF’s) estimated costs for draft plan development, responding to agency review, and coordination with USBR and SWRCB in helping to produce the multiple plans required by the Order.

Code 7500 – SWRCB Hydrological Technical Support. Similar to the previous code addressing costs associated with CCRB’s biological support to USBR for the SWRCB Order, Account Code 7500 covers estimated costs for CCRB’s hydrologic technical consultant, Woodard & Curran, for their assistance in developing, responding to agency review, and coordination with USBR and SWRCB in producing Orderrequired plans in the coming fiscal year.

Code 6500 – Contingency. The contingency budgeted herein is a calculated buffer representing 8.5% of the sum of Codes 7000, 7001, 7002, 7200 and 7500. The contingency is intended to address unanticipated yet necessary expenditures (as recommended by the Executive Director and/or legal counsel and authorized by the board) that may arise during the fiscal year.

ATTACHMENT 3
CCRB Approved FY23 Budget
For Member Agency Consideration
4 Quarterly Billings to Member Units
In recognition of coronavirus-related financial uncertainties that CCRB’s Member Agencies continue to experience, I anticipate maintaining the practice currently in place of issuing quarterly billings to Members that are based on anticipated work, rather than a straight, calculated percentage of the total budget. The intent of this process is to bill appropriately to cover anticipated workload, while not unnecessarily holding excess Member Agency contributions in CCRB’s account.

Please let me know if there is anything else I can provide to assist you in carrying the CCRB FY23 budget forward for approval by your respective agencies.

Sincerely,
Peter Cantle, Executive Director
Cachuma Conservation Release Board
Attachment 1. Cachuma Conservation Release Board Approved FY23 Budget ATTACHMENT 4
ATTACHMENT 1

CACHUMA CONSERVATION RELEASE BOARD
APPROVED FY23 BUDGET
ATTACHMENT 5
5050 Storage Space 5,000 5,000
5100 Audit 12,000 14,000
5200 Liability Insurance 7,000 7,000
5301 Executive Director Compensation 185,000 190,000
5304 Accounting & Payroll Support 16,000 16,000
5312 Misc. Admin. Expenses 4,000 4,000
5313 Communications/Computer 8,000 8,000
5316 Admin. Fixed Assets 4,000 4,000
5330 Admin. Travel 4,000 4,000
5331 Travel Exp. Federal & State Meetings 14,000 14,000 5332 Transportation 1,000 1,000
Subtotal $260,000 $267,000
7000 General Legal & Regulatory Activities 151,000 266,000 7001 Federal Consultation Support Activities 416,000 408,000 7002 SWRCB Water Rights Activities 40,000 25,000
Subtotal $607,000 $699,000
6001 Federal Consultation Support * *
7200 SWRCB Biological Technical Support 165,000 157,000 7400 Legislative & Regulatory Support * *
7500 SWRCB Hydrologic Technical Support 18,000 31,000
6500 Contingency 95,000 75,000
Subtotal 278,000 $263,000
TOTAL APPROVED BUDGET $1,145,000 $1,229,000
Table Footnotes:

TABLE 1
Cachuma Conservation Release Board
Approved FY23 Budget
Approved
FY23
* Costs for biological, hydrological and legislative/regulatory support are included under LEGAL account codes. These support services are being provided pursuant to separate agreements between CCRB’s legal counsel and the subject firms. This work is being undertaken in anticipation of litigation and is protected from disclosure under the attorney work product privilege and related statutory and common law privileges.

Approved
FY22
LEGAL

CCRB CONSULTANT ACTIVITIES

ADMINISTRATIVE
Account
Code Account Name
ATTACHMENT 6
MEMBER UNIT Pro Rata
FY23 Proposed
Budget Annual
Goleta Water District 0.4603 1,229,000 565,709
City of Santa Barbara 0.4088 1,229,000 502,415
Montecito Water District 0.1309 1,229,000 160,876
TOTAL ANNUAL 100.00% $1,229,000
Quarterly Assessment * Amount
Goleta Water District 141,427
City of Santa Barbara 125,604
Montecito Water District 40,219
TOTAL QUARTERLY $307,250
Footnotes:
* Assessments may be invoiced at reduced amounts based on actual and projected workload.

Cachuma Conservation Release Board
FY23 Member Unit Straight-line Cost Allocation
TABLE 2
ATTACHMENT 7

CITY OF SANTA BARBARA

COUNCIL AGENDA REPORT
AGENDA DATE: May 17, 2022
TO: Mayor and Councilmembers
FROM: Energy and Climate Division, Sustainability & Resilience Department SUBJECT: Authorize Long-Term Energy Resource Adequacy Agreement With Santa Paula Energy Storage, LLC On Behalf Of Santa Barbara Clean Energy Community Choice Aggregation Program
RECOMMENDATION:

That Council authorize California Choice Energy Authority to enter into a long-term Energy Resource Adequacy agreement with Santa Paula Energy Storage, LLC on behalf of The Santa Barbara Clean Energy Community Choice Aggregation Program.

DISCUSSION:

In June 2021, the California Public Utilities Commission (CPUC) adopted Decision 21-06- 035 (Mid-Term Reliability Order) as part of its Resource Adequacy Program. The MidTerm Reliability Order (MTR) seeks to ensure that there are sufficient new energy resources available to ensure electric grid reliability and to meet the state’s greenhouse gas (GHG) emission reduction goals for the electricity sector. The MTR imposes procurement requirements on all load-serving entities (LSEs), including Community Choice Aggregators (CCAs) like Santa Barbara Clean Energy (SBCE).

The MTR orders the procurement of 11,500 MW of new generation resources to come online in the years 2023 – 2026, with all the resources coming from zero-emitting sources or non-fossil fuel resources, such as renewable energy, stand-alone battery storage, renewable energy plus battery storage, and demand response. MTR contracts must be for ten years or greater from initial project delivery to the end of term. SBCE’s MTR requirement for the four-year period is 13 MW.

The California Choice Energy Authority (CalChoice) is a joint powers authority of several California cities that administers the operational processes of member CCAs, which helps spread the cost of specialized and technical services among member agencies. The City of Santa Barbara joined CalChoice as an Associate Member in February 2020, and through the City’s agreement with CalChoice, has delegated the ability to negotiate certain energy contracts to CalChoice.

Agenda Item No. 9
File Code No. 630.06
Council Agenda Report
Authorize Long-Term Energy Resource Adequacy Agreement With Santa Paula Energy Storage, LLC On Behalf Of Santa Barbara Clean Energy Community Choice Aggregation Program May 17, 2022

Page 2 ends

Rev 050222
In order to meet the requirements of the Mid-Term Reliability Order, CalChoice joined with Desert Community Energy and Clean Energy Alliance to issue a joint Request for Proposals for MTR Projects in January 2022. Over 100 unique offers from 22 developers were received.

CalChoice and its legal and technical team have negotiated an agreement with esVolta for the Santa Paula Energy Storage, LLC project (Santa Paula Energy Storage). The project is for stand-alone battery storage located in Santa Paula, California with a commercial delivery date of August 2023.

As a condition of the contract, Santa Paula Energy Storage recognizes and accepts the secured deposit account in the name of the City of Santa Barbara as credit and collateral, and no other security or credit backing from the City will be required. Santa Paula Energy Storage, upon approval by the City and CalChoice, will execute a joinder to the Intercreditor and Collateral Agency Agreement, ensuring the protection of the City’s general fund.

The agreement does not fulfill SBCE’s entire MTR requirement, therefore, CalChoice, on behalf of SBCE and its other member agencies, will continue to seek out projects that meet the MTR requirements and engage in contract negotiations. Staff will be returning in the upcoming months with additional contract approval requests.

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 $126,000 annually beginning in August 2023 for a period of ten years and five months. The total not-to-exceed amount of the agreement is $1,312,500.

For Fiscal Year 2024 and beyond, the costs of the agreement will be included in future Santa Barbara Clean Energy Fund Budget proposals.

SUSTAINABILITY IMPACT:

SBCE offers substantially more renewable and cleaner (carbon-free) electricity than currently delivered by Southern California Edison (SCE). Surplus revenues generated by SBCE may be used to develop energy programs, local projects and incentives to further Council Agenda Report
Authorize Long-Term Energy Resource Adequacy Agreement With Santa Paula Energy Storage, LLC On Behalf Of Santa Barbara Clean Energy Community Choice Aggregation Program May 17, 2022

Page 3 ends

Rev 050222
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 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 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 17, 2022
TO: Mayor and Councilmembers
FROM: Accounting Division, Finance Department
SUBJECT: Extension Of Independent Audit Agreement
RECOMMENDATION:

That Council approve and authorize the Finance Director to execute an extension of the existing professional services agreement for two years with CliftonLarsonAllen LLP (CLA), to perform an independent audit of the City of Santa Barbara for fiscal years ending June 30, 2022 and June 30, 2023.

DISCUSSION:

State law and the City Charter require that an independent audit be conducted annually by a Certified Public Accountant. In April 2019, the City Council awarded a three-year contract to White Nelson Diehl Evans, LLP (WNDE) which was later acquired by CLA, to which this amendment extending services though fiscal year ending June 30, 2023.

Staff has worked successfully with WNDE, and now CLA, over the past three years to successfully produce the City’s Annual Comprehensive Financial Report (ACFR) and other legally required reports in a timely manner. Recently, the City was awarded a Certificate of Achievement for Excellence in Financal Reporting from the Government Finance Officers Association (GFOA) for the financial statements ending June 30, 2020.

BUDGET/FINANCIAL INFORMATION:

There are sufficient expenditure appropriations being requested in the Accounting Division budget for Fiscal Year 2023. Staff will ensure that sufficient expenditure appropriations will be included in future budgets in order to fund the costs of the contract extension with CLA.

SUSTAINABILITY IMPACT:

A copy of the contract/agreement is available from the Finance Department by email request at [email protected].

Agenda Item No. 10
File Code No. 220.03
Council Agenda Report
Extension Of Independent Audit Agreement
May 17, 2022

Page 2 ends

ATTACHMENT: Two-Year Extension Memo and Fee Schedule
PREPARED BY: Doug Smith, Accounting Manager
SUBMITTED BY: Keith DeMartini, Finance Director
APPROVED BY: City Administrator's Office
CLA is an independent member of Nexia International, a leading, global network of independent accounting and consulting firms. See nexia.com/member‐firm‐disclaimer for details.

CliftonLarsonAllen LLP
2875 Michelle Drive, Suite 300
Irvine, CA 92606
phone 714‐978‐1300 fax 714‐978‐7893
CLAconnect.com
April 8, 2022
Mr. Keith DeMartini
Finance Director
City of Santa Barbara
735 Anacapa Street
Santa Barbara, CA 93101
Dear Mr. DeMartini,
We are pleased to present our proposed fees to continue to provide audit and related services to the City of Santa Barbara for the two years ending June 30, 2023.

The scope of our services and related proposed fee are included in the attached schedule. In addition to the City’s contract for professional services, for each year the audit, we will request an engagement letter which provides additional detail on the scope of services and responsibilities of management and the auditors.

Our fees are based on the timely delivery of services provided, the experience of personnel assigned to the engagement, and our commitment to meeting your deadlines as stated in our original proposal to the City of Santa Barbara. Joe Ludin will serve as the manager on the engagement.

If you have any questions about our fee, please do not hesitate to contact me or Joe.

CliftonLarsonAllen LLP
Nitin Patel
Principal

ATTACHMENT
Fiscal Year Fiscal Year
2021‐22 2022‐23
City of Santa Barbara Audit 39,950 $ $ 41,950 ACFR Production 5,780 6,069
Airport Passenger Audit (PFC) 4,610 4,840
GASB 68/75 (Part of City Audit) 1,365 1,430
Internal Controls (Part of City Audit) 8,360 8,780
Audit Letters (Part of City Audit) 2,390 2,510
Single Audit of Federal Grants of the City (1) 9,650 10,130 City's State Controllers Report 4,335 4,550
Financing Authority State Controllers Report 330 345
Street State Controllers Report 2,065 2,170
California Law Enforcement Telecommunications System (CLETS) 4,815 5,050 Gann Appropriation 615 645
Not‐to‐Exceed Fee 84,265 $ $ 88,469
(1)

CITY OF SANTA BARBARA

MAXIMUM FEES
This fee contemplates auditing two major programs. Additional major programs will be audited for an additional cost of $3,500 each.

CITY OF SANTA BARBARA

COUNCIL AGENDA REPORT
AGENDA DATE: May 17, 2022
TO: Mayor and Councilmembers
FROM: Engineering Division, Public Works Department
SUBJECT: Request From Our Mesa Neighborhood Incorporated To Name A Median Island On The 1800 Block Of Cliff Drive
RECOMMENDATION:

That Council approve the naming of the median island located between Cliff Drive and the commercial frontage road between 1806 Cliff Drive and 1838 Cliff Drive, as Jon Gathercole Heroes Island.

DISCUSSION:

In March of 2022, the City received a written request from the local non-profit organization Our Mesa Neighborhood Incorporated (OMNI) and Claude Raffin (see Attachment 1) to name the median island located on the 1800 block of Cliff Drive as Jon Gathercole Heroes Island in honor of a deceased Mesa resident and donor to a recent community improvement project. The improvements completed to date include the removal of hardscape within the median and replacement with a vegetated rain garden and wrapping the City’s utility cabinets with local landscape art. The next phase of the project will include a donor monument area and two signs indicating the island as Jon Gathercole Heroes Island. Renderings for the signage are shown in Attachment 2.

Santa Barbara Municipal Code (SBMC) Chapter 22.48 sets forth the following process for naming public facilities, including streets:
1) Submit the request to the City Administrator along with information substantiating the request as set forth in SBMC Chapter 22.48;
2) The City Administrator refers the request to an advisory body for consideration; 3) The advisory body holds a public hearing to consider the necessity or desirability of naming the facility, the proposed name, and any alternatives; and 4) The advisory body prepares a recommendation for action by the City Council in relation to the request.

City staff have determined that since median islands are not typically named and there is no relevant advisory body, the recommendation would go directly to City Council for approval.

Agenda Item No. 11
File Code No. 530.04
Council Agenda Report
Request From Our Mesa Neighborhood Incorporated To Name A Median Island On The 1800 Block Of Cliff Drive
May 17, 2022

Page 2 ends

Principles, Policies, and Priorities:

Pursuant to SBMC Chapter 22.48.020, names for public facilities shall conform to the following principles, policies, and priorities:

A. As a general policy, names which commemorate the culture and history of Santa Barbara will be given first priority; those names commemorating California history may be given second priority;
B. The name of an individual shall be considered only if such individual has made a particularly meritorious and outstanding contribution, over a period of several years, to the general public interest or the interests of the City; C. A preference shall be given to names of long established local usage, names which are euphonious, and names which lend dignity to the facility to be named; D. Names selected shall be of enduring, honorable fame, not notoriety, and shall be commensurate with the significance of the facility;
E. Proliferation of names for different parts of the same facility should be avoided, and the same name should not be applied to a similar kind of facility; F. Names with connotations which by contemporary community standards are derogatory or offensive shall not be considered. (Ord. 3485 §1, 1971) Staff Analysis of Principles, Policies, and Priorities:

Staff provides the following information, in addition to the applicant’s written proposal, to assist Council in forming its own conclusions with regard to the request. The naming of the median island is desirable from the standpoint that significant community investments, both in effort and money, have gone into the improvement. The naming of the island could help bring meaning and a sense of place to ensure long-term maintenance and care for the landscaping. Jon Gathercole was a real estate agent on the Mesa and had an office across the street of the island since 1986. As such, there is local relevance and the naming is commensurate with the landscape improvement.

BUDGET/FINANCIAL INFORMATION:

The proposed action has is no financial impact on the City.

ATTACHMENTS: 1. Letters of Support from OMNI and Claude Raffin

2. Mesa Island Donor Signage Rendering
PREPARED BY: Adam Hendel, Principal Engineer/lm
SUBMITTED BY: Clifford M. Maurer, P.E, Public Works Director APPROVED BY: City Administrator’s Office
March 7, 2022
To: City of Santa Barbara
Subject: Naming the Island on Cliff Dr after Jon Gathercole.

We moved to the Mesa of Santa Barbara in 1982 by accident. It was the only area where I could use my GI bill. We came to love the Mesa and in 1984 started Spectrum Realty specializing on the Mesa, in 1986 we bought an office condo at 1809 Cliff Dr..#E.

Jon loved the Mesa and was active in keeping the "then Wilcox" property from being developed and keeping it as a preserve for all to enjoy. This is where he used to walk our dog in the evening.

When OMNI decided to convert a rather sad looking island into a pleasant garden, I saw an opportunity to contribute to the Mesa in Jon's memory. He passed away 3 years ago of lung cancer after a valiant battle that lasted 7 months. He wanted to die at home on the Mesa, not in the hospital and not at Hospice, he got his wish. He lasted 4 days after moving back into our home.

In 2005, after retiring, Jon and I started Bright Star Foundation to assist other organizations who help our homeless and at risk youth.

I hope you will look kindly into naming the garden Island after Jon, "The Jon Gathercole Heroes Island".

Respectfully yours,
Claude Raffin
LTC, US Army (ret)
Vietnam Veteran
ATTACHMENT 1 1
March 6, 2022
TO: Michael Jordan, Mesa representative on the SB City Council, Randy Rowse, Mayor, and the rest of the SB City Council This letter is in support of the naming of our newly upgraded island at the corner of Cliff Drive and Meigs Road the “Jon Gathercole Heroes Island”.

John and his partner Claude Raffin have been decades long residents of the mesa; John passed away 3 years ago and Claude still has a home here. They owned and operated Spectrum Realty across the street from the island, and so know the location intimately. That is why Claude stepped up and funded much of the recent landscaping there.

I knew Mr. Gathercole personally as we were both in the real estate industry. He was always a professional and well liked in the industry.

Thank you and sincerely,
Kevin Young
President, OMNI
[email protected]
ATTACHMENT 1 2
ATTACHMENT 2
Mesa Island Donor Signage – Rendering By Arcadia Studios

CITY OF SANTA BARBARA

COUNCIL AGENDA REPORT
AGENDA DATE: May 17, 2022
TO: Mayor and Councilmembers
FROM: City Administrator’s Office
SUBJECT: Adoption Of Resolution And Public Hearing On Renewal Of The Santa Barbara South Coast Tourism Business Improvement District And Adoption Of The Revised Management District Plan
RECOMMENDATION: That Council:

A. Hold a final public hearing on the renewal of the Santa Barbara South Coast Tourism Business Improvement District and declare results of a majority protest proceeding;
B. Adopt, the Revised 2022-2032 Santa Barbara South Coast Tourism Business Improvement District Management District Plan, dated March 3, 2022; and C. Adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Declaring the results of Majority Protest Proceedings and Renewing the Santa Barbara South Coast Tourism Business Improvement District.

EXECUTIVE SUMMARY:

On September 28, 2010 the Santa Barbara City Council established the Santa Barbara South Coast Tourism Business Improvement District (SBSCTBID) and approved the Management District Plan. The SBSCTBID is a benefit assessment district proposed to continue a revenue source to help fund destination marketing, sales, and destination improvement programs, and related administration and policy development programs, and related administration and policy development programs for Santa Barbara South Coast lodging businesses. It was renewed by Council for a six-year term on January 1, 2015 and then on December 10, 2019, Council modified the term to end on December 31, 2024 pursuant to the Parking and Business Improvement District Law of 1994 (California Streets and Highway Code §§ 36600 et seq.) (“94 Law”). The new term proposed will have a ten-year term, beginning July 1, 2022 through June 30, 2032 and the existing term will subsequently will be modified at a later council date.

Agenda Item No. 12
File Code No. 290.00
Council Agenda Report
Adoption Of Resolution And Public Hearing On Renewal Of The Santa Barbara South Coast Tourism Business Improvement District And Adoption Of The Revised Management District Plan May 17, 2022

Page 2 ends

The City bears the burden of proving by a preponderance of the evidence that an assessment imposed for a specific benefit or specific government service is not a tax, that the amount is no more than necessary to cover the costs to the City of Santa Barbara in providing the specific benefit or specific government service, and that the manner in which those costs are allocated to a payor bear a fair or reasonable relationship to the specific benefits or specific government services received by the payor.

The City Clerk will tabulate and report any protests at the public hearing.

DISCUSSION:

The renewed SBSCTBID includes the cities of Santa Barbara and Goleta, and portions of unincorporated southern Santa Barbara County. The City of Santa Barbara is designated as the lead jurisdiction. The funds of the District are administered by Visit Santa Barbara (VSB) with oversight from a special committee created for this purpose.

Only lodging businesses within the SBSCTBID boundary will be subject to the SBSCTBID assessment. Lodging business owners decided to pursue renewal of the SBSCTBID in order to continue a revenue source devoted to marketing Santa Barbara South Coast as a tourist, meeting and event destination. If renewed, the SBSCTBID would generate approximately $8,239,702 on an annual basis for promotion of travel and tourism specific to the Santa Barbara South Coast.

MANAGEMENT DISTRICT PLAN
The Management District Plan (Attachment 1) includes the proposed boundary of the SBSCTBID, a service plan and budget and a proposed means of governance. The SBSCTBID will include all lodging businesses, existing and in the future, available for public occupancy within the boundaries of the cities of Santa Barbara and Goleta, and portions of unincorporated southern Santa Barbara County.

The renewed SBSCTBID will have a ten (10) year term, beginning July 1, 2022 or as soon as possible thereafter, and end ten (10) years from its start date. Once per year beginning on the anniversary of SBSCTBID renewal there is a thirty (30) day period in which business owners paying fifty percent (50%) or more of the assessment may protest and begin proceedings to terminate the SBSCTBID. Pending successful renewal of the SBSCTBID, the term of the current SBSCTBID will be modified to end on June 30, 2022.

The assessment methodology also changes from an assessment per night per average daily rate to 2% per gross short term rental revenue.

The cities and County will be responsible for collecting the assessment on a monthly basis from each lodging business located in the SBSCTBID boundaries, within their respective jurisdictions. The cities and County shall forward the assessments to VSB pursuant to contracts between the cities and County and VSB. VSB will have the responsibility of managing SBSCTBID programs as provided in this Management District Plan.

Council Agenda Report
Adoption Of Resolution And Public Hearing On Renewal Of The Santa Barbara South Coast Tourism Business Improvement District And Adoption Of The Revised Management District Plan May 17, 2022

Page 3 ends

SBSCTBID RENEWAL PROCESS
March 29, 2022 RESOLUTION OF INTENTION - COMPLETED
Upon the submission of written petition, signed by the business owners in the renewed district who will pay more than fifty percent (50%) of the assessments proposed to be levied, the City Council initiated proceedings to renew the district by the adoption of a resolution expressing its intention to renew.

Petition Status: Petitions in favor of SBSCTBID renewal were submitted representing more than 50% of the total SBSCTBID assessment. This majority petition allowed the Council to initiate proceedings for SBSCTBID renewal at the March 29, 2022 meeting.

March 29, 2022 RESOLUTION REQUESTING CONSENT - COMPLETED Upon adoption of the Resolution of Intention, the City Council must request consent from the City of Goleta and the County of Santa Barbara to be included in the renewed SBSCTBID. Consent was received from the City of Goleta and the County of Santa Barbara prior to the final public hearing for their jursidictions to be included in the renewed SBSCTBID.

March 31, 2022 NOTICE - COMPLETED
The Property and Business Improvement District Law of 1994, Sts. & Hy. Code, §§ 36600 et seq. requires the City to mail written notice to the owners of all businesses proposed to be within the SBSCTBID. Mailing the notice begins a mandatory forty-five (45) day period in which owners may protest SBSCTBID renewal.

April 26, 2022 PUBLIC MEETING - COMPLETED
Public testimony was allowed on the renewal of the SBSCTBID and levy of assessments.

No Council action was required.

May 17, 2022 FINAL PUBLIC HEARING
If written protests are received from the owners of businesses in the renewed SBSCTBID which will pay more than fifty percent (50%) of the assessments proposed to be levied and protests are not withdrawn so as to reduce the protests to less than fifty percent (50%), no further proceedings to levy the proposed assessment against such businesses shall be taken for a period of one (1) year from the date of the finding of a majority protest by the Council. The City Clerk will tabulate and report any written protests at the public hearing.

Page 4 ends

At the conclusion of the public hearing to renew the SBSCTBID, the Council may adopt, revise, change, reduce, or modify the proposed assessment or the type or types of improvements and activities to be funded with the revenues from the assessments.

Proposed assessments may only be revised by reducing any or all of them.

BUDGET/FINANCIAL INFORMATION:

The City will receive a fee of three percent (3%) of the amount collected to cover its costs of administration.

ATTACHMENT: 1. 2022-2032 Santa Barbara South Coast Tourism Business Improvement District Management District Plan
PREPARED BY: Brandon Beaudette, Senior Assistant to the City Administrator Ariel Calonne, City Attorney
SUBMITTED BY: Rebecca Bjork, City Administrator
APPROVED BY: City Administrator's Office
2022-2032
March 3, 2022 Prepared pursuant to the Property and Business Improvement District Law of 1994, Streets and Highways Code section 36600 et seq.

SANTA BARBARA SOUTH COAST

TOURISM BUSINESS IMPROVEMENT DISTRICT

MANAGEMENT DISTRICT PLAN
ATTACHMENT 1

CONTENTS
I. OVERVIEW ......................................................................................................................................... 2 II. BACKGROUND ................................................................................................................................. 4 III. BOUNDARY ........................................................................................................................................ 5 IV. BUDGET AND SERVICES ............................................................................................................. 6 A. Annual Service Plan ............................................................................................................ 6 B. Annual Budget .................................................................................................................... 9 C. California Constitutional Compliance .............................................................................. 10 D. Assessment ........................................................................................................................ 12 E. Penalties and Interest ........................................................................................................ 13 F. Time and Manner for Collecting Assessments ................................................................. 13 V. GOVERNANCE ............................................................................................................................... 13 A. Owners’ Association ......................................................................................................... 13 B. Brown Act and California Public Records Act Compliance ............................................ 14 C. Annual Report ................................................................................................................... 14 APPENDIX 1 – LAW .................................................................................................................................... 16 APPENDIX 2 – ASSESSED BUSINESSES .............................................................................................. 27 Prepared by
Civitas
(800)999-7781
www.civitasadvisors.com
ATTACHMENT 1
SBSCTBID MDP Page 2
March 3, 2022
I. OVERVIEW
Developed by Visit Santa Barbara (VSB), a non-profit public benefit corporation whose members are individuals and entities with an interest in promoting convention and visitor businesses in Santa Barbara County, and Santa Barbara South Coast lodging businesses, the Santa Barbara South Coast Tourism Business Improvement District (SBSCTBID) is an assessment district proposed to continue providing specific benefits to payors, by funding programs that specifically benefit assessed businesses.

The SBSCTBID was created in 2011 and renewed in 2014 and 2019; lodging businesses now wish to renew it for an additional ten (10) years.

Location: The SBSCTBID includes the cities of Santa Barbara and Goleta, and portions of unincorporated southern Santa Barbara County, as shown on the map in Section III.

Only lodging businesses within the SBSCTBID boundary will be subject to the SBSCTBID assessment.

Services: The SBSCTBID is designed to provide specific benefits directly to payors by increasing room night sales. Destination marketing, sales and destination improvement programs and related administration and policy development programs will increase room night sales.

Budget: The total SBSCTBID annual assessment budget for the first twelve months of its ten (10) year operation is anticipated to be approximately $8,239,702. A similar budget is expected to apply to subsequent years, but this budget is expected to fluctuate as room sales do, and if the assessment rate is increased pursuant to this plan.

Cost: The initial assessment rate is two percent (2%) of gross short term room rental revenue. The assessment rate may be subject to increases during the ten (10) year term if initiated by the TBID Committee and approved by assessees who pay more than fifty percent (50%) of the total annual assessment. If the TBID Committee wishes to increase the assessment rate, VSB shall provide a notice and ballot to assessed lodging businesses of the proposed increase. The assessment rate may be increased up to a maximum rate of three percent (3%) of gross short-term room rental revenue. Any increase authorized by the TBID Committee and weighted vote of the payors based on how much they pay in assessment, shall be reflected in the annual report described in Section V. Assessments pursuant to the SBSCTBID shall not include prepaid contracts executed prior to June 30, 2022.

Collection: The cities and County will be responsible for collecting the assessment on a monthly basis (including any delinquencies, penalties and interest) from each lodging business located in the boundaries of the SBSCTBID, within their respective jurisdictions. The cities and County will take all reasonable efforts to collect the assessments from each assessed lodging business subject to reimbursement of collection costs by SBSCTBID..

Duration: The SBSCTBID will have a ten (10) year renewal period, beginning July 1, 2022 or as soon as possible thereafter, and end ten (10) years from its start date. Once per year, beginning on the anniversary of SBSCTBID renewal, there is a thirty (30) day period ATTACHMENT 1
SBSCTBID MDP Page 3
March 3, 2022
in which owners paying fifty percent (50%) or more of the assessment may protest and initiate a Santa Barbara City Council hearing on SBSCTBID termination.

Management: Visit Santa Barbara will continue to serve as the SBSCTBID’s Owners’ Association.

The Owners’ Association is charged with managing funds and implementing programs in accordance with this Plan and must provide annual reports to the Santa Barbara City Council.

ATTACHMENT 1
SBSCTBID MDP Page 4
March 3, 2022
II. BACKGROUND
TBIDs are an evolution of the traditional Business Improvement District. The first TBID was formed in West Hollywood, California in 1989. Since then, over 110 California destinations have followed suit. In recent years, other states have begun adopting the California model – Montana, South Dakota, Washington, Colorado, Texas and Louisiana have adopted TBID laws. Several other states are in the process of adopting their own legislation. The cities of Wichita, Kansas and Newark, New Jersey used an existing business improvement district law to form a TBID. And, some cities, like Portland, Oregon and Memphis, Tennessee have utilized their home rule powers to create TBIDs without a state law.

California’s TBIDs collectively
raise over $300 million annually
for local destination marketing.

With competitors raising their
budgets, and increasing rivalry
for visitor dollars, it is
important that Santa Barbara
South Coast lodging businesses
continue to invest in stable,
lodging-specific marketing
programs.

TBIDs utilize the efficiencies of private sector operation in the market-based promotion of tourism districts. TBIDs allow lodging business owners to organize their efforts to increase demand for room night sales. Lodging business owners within the TBID pay an assessment and those funds are used to provide services that increase demand for room night sales.

In California, most TBIDs are formed pursuant to the Property and Business Improvement District Law of 1994. This law allows for the creation of a benefit assessment district to raise funds within a specific geographic area. The key difference between TBIDs and other benefit assessment districts is that funds raised are returned to the private non-profit corporation governing the district.

There are many benefits to TBIDs:
• Funds must be spent on services and improvements that provide a specific benefit only to those who pay;
• Funds cannot be diverted to general government programs; • They are customized to fit the needs of payors in each destination; • They allow for a wide range of services;
• They are designed, created and governed by those who will pay the assessment; and • They provide a stable, long-term funding source for tourism promotion. 1 2 4 6 9 12 19 25 29 32 38 46
61 64
75 95 101109114
0 20
40 60
80 100
120
1989200020022004200620082010201320172021
Number of Districts Operating in California
ATTACHMENT 1
SBSCTBID MDP Page 5
March 3, 2022
III. BOUNDARY
The SBSCTBID encompasses all territory within the boundaries of cities of Santa Barbara and Goleta, and portions of unincorporated southern Santa Barbara County. In connection with the SBSCTBID, an assessment is levied against all lodging businesses, including both existing lodging businesses and lodging businesses that open during the existence of the SBSCTBID.

Lodging business means: any structure, or any portion of any structure, which is occupied or intended for occupancy by transients for dwelling, lodging, or sleeping purposes, and includes and hotel, inn, tourist home or house, short term vacation rental, motel, studio hotel, bachelor hotel, lodging house, rooming house, apartment house, dormitory, public or private club, mobile home or house trailer at a fixed location, or other similar structure or portion thereof. As used herein, the term “transient” means: any person who exercises occupancy or is entitled to occupancy by reason of concession, permit, right of access, license or other agreement for a period of thirty (30) consecutive calendar days or less, counting portions of calendar days as full days. Any such person so occupying space in a lodging business will be deemed a transient until the period of thirty (30) days has expired unless there is an agreement in writing between the lodging business operator and the occupant providing for a longer period of occupancy; provided that the occupant of an apartment unit, constructed under a building permit as such, or in building which have been legally converted into apartments, will not be deemed to be a transient if his or her occupancy is for a period of more than thirty (30) days and with or without such written agreement.

The boundary, as shown in the map below, currently includes 343 lodging businesses. A complete listing of lodging businesses within the SBSCTBID can be found in Appendix 2.

ATTACHMENT 1
SBSCTBID MDP Page 6
March 3, 2022
IV. BUDGET AND SERVICES
A. Annual Service Plan
Assessment funds will be spent to provide specific benefits conferred, and services provided, directly to the payors that are not provided to those not charged, and which do not exceed the reasonable cost to the City of conferring the benefits. The services provided with the SBSCTBID funds are destination marketing, sales and destination improvement programs and related administration and policy development programs available only to assessed businesses. These expenditures generate the specific benefit of increased room night bookings at assessed lodging businesses.

A service plan budget, set forth below, has been developed to deliver services that benefit the assessed businesses. A detailed annual budget will be developed and approved by VSB. The table below illustrates the initial annual assessment budget allocations. The total initial assessment budget is $8,239,702.

Although actual revenues will fluctuate due to market conditions, the proportional allocations of the budget will remain the same. However, the VSB Board of Directors will have the authority to adjust budget allocations between the categories by no more than twenty-five percent (25%) of the total budget per year. For example if the total budget was $8,239,702, then up to $2,059,925.50 can be moved between service categories after the initial year of the district (0.25 x $8,239,702 = $2,059,925.50). A description of the proposed improvements and activities for the initial year of operation is below. The same activities are proposed for subsequent years. In the event of a legal challenge against the SBSCTBID, all assessment funds may be used for the costs of defending the SBSCTBID.

Each budget category includes all costs related to providing that service. For example, the sales budget includes the cost of staff time dedicated to overseeing and implementing the sales program. Staff time dedicated purely to administrative tasks is allocated to the administrative portion of the budget. The Destination
Marketing, Sales
and Destination
Improvement
Programs, 82.6% -
$6,806,898
Administration &
Policy
Development,

11.4% - $942,527
Government
Collection Fees,

2.1% - $175,788
Reserve/Contingency,

3.8%- $314,489
Initial Assessment Annual Budget -
$8,239,702
ATTACHMENT 1
SBSCTBID MDP Page 7
March 3, 2022
costs of an individual staff member may be allocated to multiple budget categories. The staffing levels necessary to provide the services below will be determined by VSB on an as-needed basis.

DESTINATION MARKETING, SALES, AND DESTINATION IMPROVEMENT

PROGRAMS
Develop an annual destination marketing, sales and management programs strategy to generate demand for the assessed businesses targeting leisure, meetings and events. Develop marketing programs to attract overnight visitors. The destination marketing, sales and management programs may include, with limitation, the following activities:

Marketing & Public Relations
Marketing promotes Santa Barbara South Coast lodging businesses through paid media including digital and print. This includes paid brand marketing campaigns, retail promotions that highlight special offers, co-op marketing campaigns between VSB and local lodging businesses, air carriers that service Santa Barbara and/or tour operators that promote Santa Barbara, and direct response marketing that generate requests for visitor magazines and email newsletter subscriptions.

Content marketing amplifies lodging businesses through storytelling on owned media channels including SantaBarbaraCA.com, social media accounts, consumer databases and third-party websites.

This includes the production of our website, visitor magazine, social media content and community management, consumer newsletters and cooperative partnerships.

Public relations generate earned media coverage that excites and inspires travelers to choose the Santa Barbara South Coast over other competing destinations, while elevating lodging business awareness and reinforcing key motivators for overnight travel to the Santa Barbara South Coast.

The marketing and public relations program will build greater awareness of assessed lodging businesses in an effort to drive room night sales. The following list includes examples of the marketing and public relations activities that may be provided:
• Hosting journalist familiarization trips, bringing key media influencers in-market to experience the Santa Barbara South Coast first-hand in an effort to generate overnight visitation and room sales to assessed businesses.
• Managing SantaBarbaraCA.com, and Visit Santa Barbara social media channels to showcase the breadth of reasons to visit the destination to generate overnight visitation and room sales to assessed businesses.
• Conducting research to drive overnight visitation and room sales to assessed businesses. • Media programs providing targeted reach of growth markets to generate overnight visitation and room sales to assessed businesses.
• Maintaining a robust library of fresh photos, videos other digital assets to be used by VSB and assessed businesses to generate overnight visitation and room sales to assessed businesses. • Local destination marketing may be used for programs which drive room night sales to assessed lodging businesses in Santa Barbara, Goleta, Montecito and/or Summerland.

Programs included in this service may include content marketing via specialized websites and visitor magazines, visitor centers, and support for community events that generate overnight visitation and room sales to assessed businesses. These services do not preclude assessed businesses from the benefits conveyed through their inclusion within programs promoting the broader Santa Barbara brand. These activities may be conducted directly by VSB, or through ATTACHMENT 1
SBSCTBID MDP Page 8
March 3, 2022
grants from VSB to other organizations such as the Santa Barbara South Coast Chamber of Commerce, or others.

Sales
Group sales strategies convert leads to hotel contracts from clients looking to hold conferences, meetings, retreats and other programs in the Santa Barbara South Coast. Leads are converted from meeting planners in corporate, incentive, social, wedding, regional, state, and national association markets. Sales efforts are direct and indirect through research, sales call prospecting, in-person client appointments, tradeshows, organized client events, local site inspections, and destination familiarization tours. Separately, travel trade sales generate individual and group bookings through selling Santa Barbara South Coast lodging businesses to domestic and international travel agents, wholesaler operators, receptive operators, and tour operators.

The sales program will promote the Santa Barbara South Coast area as a destination and will work to attract overnight groups and individual travelers. The following list includes examples of the sales activities that may be provided:
• Maintaining an experienced sales staff to target the meeting and conference market to generate overnight visitation and room sales to assessed businesses. • Maximizing alliances with professional organizations that target group business, or database services that track group opportunities to develop new leads for assessed businesses. • Incentivizing conferences and meetings to book at Santa Barbara South Coast.

Destination Improvement
In order to maximize the benefit of VSB’s marketing, public relations and sales programs, funds may be used in limited ways to increase the appeal and accessibility of the destination for overnight visitors.

Such services, if budgeted by the TBID Committee and VSB Board of Directors, will focus on items that are critical to the local lodging industry. These services are not intended to supplant government services or provide direct benefit to the general public or to non-assessed businesses. Programs may include, but are not limited to:
• Visitors center operations that provide visitors with information designed to improve the visitor experience and encourage overnight visitation and future room sales to assessed businesses.
• Incentives to attract and promote new air service to increase inbound visitation and room sales to assessed businesses.
• Developing a cruise itinerary program designed to attract repeat visitation at assessed businesses.
• Local workforce development that positions the hospitality industry as an attractive career option for residents and local students. Service may include job fairs, outreach to improve vocational instruction/internships through high schools and colleges, local marketing and public relations campaigns to encourage job seekers to consider professions in the lodging industry and relevant industry employment research.
• Services to improve the visitor’s experience.
• Hospitality education and training support aimed at improving the visitor experience leading to increased demand for overnight visitation and room sales to assessed businesses.

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ADMINISTRATION AND POLICY DEVELOPMENT
The administrative and operations portion of the budget will be utilized for administrative staffing costs, all office costs, board and committee meeting support, policy development, and other general administrative costs such as telecommunications, information technology, insurance, legal and accounting fees.

RESERVE/CONTINGENCY
Policies relating to contributions to the reserve fund, the target amount of the reserve fund, and expenditure of monies from the reserve fund will be set by the VSB Board of Directors. Policies relating to the contributions to the reserve fund, the target amount of the reserve fund, and expenditures of monies from the reserve fund shall be set by the VSB Board. The reserve fund may also be used for the costs of renewing the TBID or debt service.

COLLECTION COSTS
The County of Santa Barbara and the City of Goleta, if they collect District assessments, will each be paid one percent (1%) of the amount collected in their respective jurisdictions to cover the costs of collection and administration. The City of Santa Barbara will be paid three percent (3%) of the amount collected to cover the costs of collection and administration. The City of Santa Barbara shall have the right to audit the SBSCTBID.

B. Annual Assessment Budget
The total ten (10) years) improvement and service plan assessment budget is projected at approximately $8,239,702 annually, or $137,568,573 through 2032 if the maximum assessment rate increases are implemented. This amount may fluctuate as sales increase or decrease at assessed businesses and if assessment rate increases are implemented. If the maximum assessment rate increases are implemented, the annual assessment budget will increases as estimated in the following table. The table below demonstrates the estimated maximum budget with the assumption that the assessment rates will be increased in 2022 as it is a required disclosure, it is not the anticipated course of action. Additionally, a three percent (3%) annual increase in the total budget is shown to account for anticipated room rate inflation.

Estimated Annual Budget if Maximum Assessment Rates
are Implemented 2022-2032
Year
Destination Marketing,
Sales and Destination
Improvement Programs
Administration &
Policy
Development
Government
Collection Fees
Contingency/
Reserve
Total
2022-23 $6,806,898 $942,527 $175,788 $314,489 $8,239,702 2023-24 $ 10,516,657 $1,456,204 $271,593 $485,885 $12,730,340 2024-25 $ 10,832,157 $1,499,890 $279,740 $500,462 $13,112,250 2025-26 $ 11,157,122 $1,544,887 $288,132 $515,476 $13,505,617 2026-27 $ 11,491,835 $1,591,234 $296,776 $530,940 $13,910,786 ATTACHMENT 1
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The table below demonstrates the annual improvement and service plan budget with the assumption that the rates will not be increased during the SBSCTBID’s ten (10) year term. Additionally, a three percent (3%) annual increase in the total budget is shown, to account for estimated increased room night sales as a result of SBSCTBID efforts.

Estimated Annual Budget If Maximum Assessment Rates Are Not Adopted 2023-2032
C. California Constitutional Compliance
The SBSCTBID assessment is not a property-based assessment subject to the requirements of Proposition 218. Rather, the SBSCTBID assessment is a business-based assessment, and is subject to Proposition 26. Pursuant to Proposition 26 levies are taxes unless they fit one of seven exceptions.

Two of these exceptions apply to the SBSCTBID, a “specific benefit” and a “specific government service.” Both require that the costs of benefits or services do not exceed the reasonable costs to the City of conferring the benefits or providing the services.

1. Specific Benefit
Proposition 26 permits that assessment funds be expended on “a specific benefit conferred or privilege granted directly to the payor that is not provided to those not charged, and which does not exceed the reasonable costs to the local government of conferring the benefit or granting the 2027-28 $ 11,836,591 $1,638,971 $305,680 $546,868 $14,328,109 2028-29 $ 12,191,688 $1,688,140 $314,850 $563,274 $14,757,953 2029-30 $ 12,557,439 $1,738,784 $324,296 $580,173 $15,200,691 2030-31 $ 12,934,162 $1,790,947 $334,025 $597,578 $15,656,712 2031-32 $ 13,322,187 $1,844,676 $344,045 $615,505 $16,126,413 Total $ 113,646,737 $15,736,260 $2,934,925 $5,250,651 $137,568,573 Year
Destination Marketing,
Sales and Destination
Improvement Programs
Administration &
Policy
Development
Government
Collection Fees
Contingency/
Reserve
Total
2022-23 $6,806,898 $942,527 $175,788 $314,489 $8,239,702 2023-24 $7,011,105 $970,803 $181,062 $323,924 $8,486,893 2024-25 $7,221,438 $999,927 $186,494 $333,641 $8,741,500 2025-26 $7,438,081 $1,029,925 $192,088 $343,651 $9,003,745 2026-27 $7,661,224 $1,060,822 $197,851 $353,960 $9,273,857 2027-28 $7,891,060 $1,092,647 $203,787 $364,579 $9,552,073 2028-29 $8,127,792 $1,125,427 $209,900 $375,516 $9,838,635 2029-30 $8,371,626 $1,159,189 $216,197 $386,782 $ 10,133,794 2030-31 $8,622,775 $1,193,965 $222,683 $398,385 $ 10,437,808 2031-32 $8,881,458 $1,229,784 $229,364 $410,337 $ 10,750,942 Total $ 78,033,457 $10,805,016 $2,015,213 $3,605,264 $94,458,949 ATTACHMENT 1
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privilege.”1 The services in this Plan are designed to provide targeted benefits directly to assessed businesses, and are intended only to provide benefits and services directly to those businesses paying the assessment. These services are designed and intended not to serve the general public, businesses in general, or parcels of land, but rather to serve the specific assessed lodging businesses within the SBSCTBID. The activities described in this Plan are specifically targeted to increase room night sales for assessed lodging businesses within the boundaries of the SBSCTBID. SBSCTBID funds will be used exclusively to provide the specific benefit of increased room night sales directly to the assessed lodging businesses. Assessment funds will not be used to feature non-assessed lodging businesses in SBSCTBID programs, or to directly generate sales for non-assessed businesses. The activities paid for from assessment revenues are services to businesses that constitute and provide specific benefits to the assessed businesses.

The assessment imposed by this SBSCTBID is for a specific benefit conferred to the payors that is not provided to those not charged. The specific benefit conferred to the payors is an increase in room night sales. The specific benefit of an increase in room night sales for assessed lodging businesses will be provided only to lodging businesses paying the SBSCTBID assessment, with SBSCTBID programs promoting lodging businesses paying the SBSCTBID assessment. The SBSCTBID programs will be designed to increase room night sales at each assessed lodging business. Because they are necessary to provide the destination marketing, sales and destination improvement programs that specifically benefit the assessed lodging businesses, the administration and policy development and contingency / reserve services also provide the specific benefit of increased room night sales to the assessed lodging businesses.

Although the SBSCTBID, in providing specific benefits to payors, may produce incidental benefits to non-paying businesses, the incidental benefit does not preclude the services from being considered a specific benefit. The legislature has found that, “A specific benefit is not excluded from classification as a ‘specific benefit’ merely because an indirect benefit to a nonpayor occurs incidentally and without cost to the payor as a consequence of providing the specific benefit to the payor.”2

2. Specific Government Service
Pursuant to Proposition 26, an assessment may also be utilized to provide, “a specific government service or product provided directly to the payor that is not provided to those not charged, and which does not exceed the reasonable costs to the local government of providing the service or product.”3 SBSCTBID destination marketing, sales and destination improvement programs are designed and intended to increase overnight stays and direct visitors to assessed lodging businesses, sales programs are designed and intended to attract group businesses to assessed lodging businesses, and local destination marketing programs are designed and intended to increase overnight visitation and direct visitors to assessed lodging businesses. The legislature has recognized that marketing and promotions services like those to be provided by the SBSCTBID are government services within the meaning of Proposition 264
. Further, the legislature has determined that “a specific government service is not excluded from classification as a ‘specific government service’ merely because an indirect benefit to a nonpayor occurs incidentally and without cost to the payor as a consequence of providing the specific government service to the payor.”5
1 Cal. Const. art XIII C § 1(e)(1)
2 Government Code § 53758(a)
3 Cal. Const. art XIII C § 1(e)(2)
4 Government Code § 53758(b)
5 Government Code § 53758(b)
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3. Reasonable Cost
SBSCTBID services will be implemented carefully to ensure they do not exceed the reasonable cost of such services. The full amount assessed will be used to provide the services described herein.

Funds will be managed by VSB, and reports submitted on an annual basis to the City of Santa Barbara pursuant to a contract between VSB and the City of Santa Barbara. Only assessed lodging businesses will be featured in marketing materials, receive sales leads generated from SBSCTBID-funded activities, be featured in destination marketing and sales campaigns, and benefit from other SBSCTBID-funded services. Non-assessed lodging businesses will not receive these, nor any other, SBSCTBID-funded services and benefits.

The TBID-funded programs are all targeted directly at, and feature only assessed businesses. It is, however, possible that there will be a spill over benefit to non-assessed businesses. If non-assessed businesses receive incremental room nights, that portion of the promotion or program generating those room nights shall be paid with non-TBID funds. TBID funds shall only be spent to benefit the assessed businesses and shall not be spent on that portion of any program which directly generates incidental room nights for non-assessed businesses.

D. Assessment
The initial assessment rate is two percent (2%) of gross short term room rental revenue. The assessment rate may be subject to increases during the ten (10) year term if initiated by the TBID Committee and approved by assessees who pay more than fifty percent (50%) of the total annual assessment. If the TBID Committee wishes to increase the assessment rate, VSB shall provide a notice and ballot to assessed lodging businesses of the proposed increase. The assessment rate may be increased up to a maximum rate of three percent (3%) of gross short-term room rental revenue. Any increase authorized by the TBID Committee and weighted vote of the payors based on how much they pay in assessment, shall be reflected in the annual report described in Section V. Assessments pursuant to the SBSCTBID shall not include prepaid contracts executed prior to June 30, 2022.

The term “gross short-term rental revenue” as used herein means: the consideration charged, whether or not received, for the occupancy of space in a lodging business valued in money, whether to be received in money, goods, labor or otherwise, including all receipts, cash, credits and property and services of any kind or nature, without any deduction therefrom whatsoever.

The assessment is levied upon and a direct obligation of the assessed lodging business. However, the assessed lodging business may, at its discretion, pass the assessment on to transients. The amount of assessment, if passed on to each transient, will be disclosed in advance and separately stated from the amount of rent charged and any other applicable taxes, and each transient will receive a receipt for payment from the business. If the SBSCTBID assessment is identified separately it will be disclosed as the “SBSCTBID Assessment.” As an alternative, the disclosure may include the amount of the SBSCTBID assessment and the amount of the assessment imposed pursuant to the California Tourism Marketing Act, Government Code §13995 et seq. and will be disclosed as the “Tourism Assessment.” The assessment is imposed solely upon and is the sole obligation of the assessed lodging business even if it is passed on to transients. The assessment will not be considered revenue for any purpose, including calculation of transient occupancy taxes.

Bonds will not be issued.

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E. Penalties and Interest
The SBSCTBID will reimburse the cities and County for any costs associated with collecting unpaid assessments. If other delinquent obligations owed to the cities and County are sought to be recovered in the same collection action by the cities or County, the SBSCTBID will bear its pro rata share of such collection costs. Assessed businesses which are delinquent in paying the assessment will be responsible for paying:

1. Original Delinquency: Any assessed lodging business that fails to remit any assessment imposed within the time required will pay a penalty of ten percent (10%) of the amount of the assessment in addition to the amount of the assessment.

2. Continued Delinquency: Any assessed lodging business that fails to remit any delinquent remittance on or before a period of thirty (30) days following the date on which the remittance first became delinquent will pay a second delinquency penalty of ten percent (10%) of the amount of the assessment in addition to the amount of the assessment and the ten percent (10%) penalty first imposed.

3. Fraud: If the cities or County determines that the non-payment of any remittance due is due to fraud, a penalty of twenty-five percent (25%) of the amount of the assessment will be added thereto in addition to the penalties stated in subparagraphs 1 and 2 of this subsection E.

4. Interest: In addition to the penalties imposed, any assessed lodging business that fails to remit any assessment imposed will pay interest at the rate of one-half of one percent (0.5%) per month, or fraction thereof, on the amount of the assessment, exclusive of penalties, from the date on which the remittance first became delinquent until paid.

5. Penalties and Interest Merged with Assessment: Every penalty imposed and such interest as accrues under the provisions of this subsection E will become part of the assessment herein required to be paid.

F. Time and Manner for Collecting Assessments
The SBSCTBID assessment will be implemented beginning July 1, 2022, or as soon as possible thereafter, and end ten (10) years from its start date. The cities and County will be responsible for collecting the assessment on a monthly basis (including any delinquencies, penalties and interest) from each lodging business located in the boundaries of the SBSCTBID, within their respective jurisdictions.

The cities and County will forward the assessments collected to the Owners’ Association pursuant to contracts between VSB and the cities and County. The cities and County may retain penalties and interest collected on delinquent assessments to cover their actual costs associated with collecting the delinquent assessments.

V. GOVERNANCE
A. Owners’ Association
The City Council, through adoption of this Management District Plan, has the right, pursuant to Streets and Highways Code §36651, to identify the body that will implement the proposed program, which will be the Owners’ Association of the SBSCTBID as defined in Streets and Highways Code §36612. Funds will be paid by the cities and County to VSB as a contractor, and only pursuant to agreements between VSB and the cities and County.

Within the SBSCTBID, the President and CEO of VSB will continue to be charged with the day-today operations of the SBSCTBID. The VSB TBID committee will continue to be charged with developing budgets and priorities for the SBSCTBID. The TBID committee will continue to be ATTACHMENT 1
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comprised of a diverse group taking into consideration the size of lodging businesses and geographic area. Members of the TBID committee are selected by the vote of assessed lodging businesses in accordance with VSB’s bylaws. The criteria for the membership of the TBID committee, as set forth in the VSB bylaws, is shown in the table below. The TBID committee criteria may be revised during the SBSCTBID’s term, as modified by an amendment to the VSB bylaws. These classifications will be based on hotel class as defined by STR, a division of CoStar Group Inc.6 Representation Number of
Seats
Short Term Rentals
Economy Class
Midscale Class
Upper Midscale Class
Upscale Class
Upper Upscale Class
9-11 Seats
Luxury Class 6-8 Seats
B. Brown Act and California Public Records Act Compliance VSB is a private entity. Under state law, an Owner’s Association is not “considered a public entity for any purpose, nor may its board members or staff be considered to be public officials for any purpose. [However], an owners' association shall comply with the Ralph M. Brown Act [regarding open meetings], at all times when matters within the subject matter of the district are heard, discussed, or deliberated, and with the California Public Records Act, for all records relating to activities of the district.”
C. Annual Report
VSB will present an annual report at the end of each year of operation to the Santa Barbara City Council pursuant to Streets and Highways Code §36650 (see Appendix 1). A copy of the annual report will also be provided to the City of Goleta and the County of Santa Barbara. The annual report will include:
• Any proposed changes in the boundaries of the improvement district or in any benefit zones or classification of businesses within the district.
• The improvements and activities to be provided for that fiscal year. • An estimate of the cost of providing the improvements and the activities for that fiscal year. • The method and basis of levying the assessment in sufficient detail to allow each business owner to estimate the amount of the assessment to be levied against his or her business for that fiscal year.
• The estimated amount of any surplus or deficit revenues to be carried over from a previous fiscal year.
6 Class Segments
Hotels are categorized by STR, a division of CoStar, Inc. into the following class segments: Luxury, Upper Upscale, Upscale, Upper Midscale, Midscale and Economy. Short-term vacation rentals are classified as short term rentals class for the purpose of this plan. The the most current class segment assigned will be used for new hotels, rebranded hotels or hotels otherwise reclassified by STR/CoStar Inc. for the duration of this plan.

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• The estimated amount of any contributions to be made from sources other than assessments levied pursuant to this part.

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APPENDIX 1 – LAW
*** THIS DOCUMENT IS CURRENT THROUGH THE 2022 SUPPLEMENT *** (ALL 2021 LEGISLATION)

STREETS AND HIGHWAYS CODE
DIVISION 18. PARKING
PART 7. PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994 CHAPTER 1. General Provisions
ARTICLE 1. Declarations
36600. Citation of part
This part shall be known and may be cited as the “Property and Business Improvement District Law of 1994.” 36601. Legislative findings and declarations; Legislative guidance The Legislature finds and declares all of the following:
(a) Businesses located and operating within business districts in some of this state’s communities are economically disadvantaged, are underutilized, and are unable to attract customers due to inadequate facilities, services, and activities in the business districts. (b) It is in the public interest to promote the economic revitalization and physical maintenance of business districts in order to create jobs, attract new businesses, and prevent the erosion of the business districts. (c) It is of particular local benefit to allow business districts to fund business related improvements, maintenance, and activities through the levy of assessments upon the businesses or real property that receive benefits from those improvements.
(d) Assessments levied for the purpose of conferring special benefit upon the real property or a specific benefit upon the businessesin a business district are not taxesfor the general benefit of a city, even if property, businesses, or persons not assessed receive incidental or collateral effects that benefit them. (e) Property and business improvement districts formed throughout this state have conferred special benefits upon properties and businesses within their districts and have made those properties and businesses more useful by providing the following benefits:
(1) Crime reduction. A study by the Rand Corporation has confirmed a 12-percent reduction in the incidence of robbery and an 8-percent reduction in the total incidence of violent crimes within the 30 districts studied.
(2) Job creation.
(3) Business attraction.
(4) Business retention.
(5) Economic growth.
(6) New investments.
(f) With the dissolution of redevelopment agencies throughout the state, property and business improvement districts have become even more important tools with which communities can combat blight, promote economic opportunities, and create a clean and safe environment. (g) Since the enactment of this act, the people of California have adopted Proposition 218, which added Article XIII D to the Constitution in order to place certain requirements and restrictions on the formation of, and activities, expenditures, and assessments by property-based districts. Article XIII D of the Constitution provides that property-based districts may only levy assessments for special benefits. (h) The act amending this section is intended to provide the Legislature’s guidance with regard to this act, its interaction with the provisions of Article XIII D of the Constitution, and the determination of special benefits in property-based districts.
(1) The lack of legislative guidance has resulted in uncertainty and inconsistent application of this act, which discourages the use of assessments to fund needed improvements, maintenance, and activities in property-based districts, contributing to blight and other underutilization of property. (2) Activities undertaken for the purpose of conferring special benefits upon property to be assessed inherently produce incidental or collateral effects that benefit property or persons not assessed.

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Therefore, for special benefits to exist as a separate and distinct category from general benefits, the incidental or collateral effects of those special benefits are inherently part of those special benefits.

The mere fact that special benefits produce incidental or collateral effects that benefit property or persons not assessed does not convert any portion of those special benefits or their incidental or collateral effects into general benefits.
(3) It is of the utmost importance that property-based districts created under this act have clarity regarding restrictions on assessmentsthey may levy and the proper determination ofspecial benefits.

Legislative clarity with regard to this act will provide districts with clear instructions and courts with legislative intent regarding restrictions on property-based assessments, and the manner in which special benefits should be determined.
36602. Purpose of part
The purpose of this part is to supplement previously enacted provisions of law that authorize cities to levy assessments within property and business improvement districts, to ensure that those assessments conform to all constitutional requirements and are determined and assessed in accordance with the guidance set forth in this act. This part does not affect or limit any other provisions of law authorizing or providing for the furnishing of improvements or activities or the raising of revenue for these purposes.
36603. Preemption of authority or charter city to adopt ordinances levying assessments Nothing in this part is intended to preempt the authority of a charter city to adopt ordinances providing for a different method of levying assessments for similar or additional purposes from those set forth in this part. A property and business improvement district created pursuant to this part is expressly exempt from the provisions of the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 (Division 4 (commencing with Section 2800)). 36603.5. Part prevails over conflicting provisions
Any provision of this part that conflicts with any other provision of law shall prevail over the other provision of law, as to districts created under this part.
36604. Severability
This part is intended to be construed liberally and, if any provision is held invalid, the remaining provisions shall remain in full force and effect. Assessments levied under this part are not special taxes.

ARTICLE 2. Definitions
36606. “Activities”
“Activities” means, but is not limited to, all of the following that benefit businesses or real property in the district:
(a) Promotion of public events.
(b) Furnishing of music in any public place.
(c) Promotion of tourism within the district.
(d) Marketing and economic development, including retail retention and recruitment. (e) Providing security, sanitation, graffiti removal, street and sidewalk cleaning, and other municipal services supplemental to those normally provided by the municipality. (f) Other services provided for the purpose of conferring special benefit upon assessed real property or specific benefits upon assessed businesses located in the district. 36606.5. “Assessment”
“Assessment” means a levy for the purpose of acquiring, constructing, installing, or maintaining improvements and providing activities that will provide certain benefits to properties or businesses located within a property and business improvement district.
36607. “Business”
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“Business” means all types of businesses and includes financial institutions and professions. 36608. “City”
“City” means a city, county, city and county, or an agency or entity created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code, the public member agencies of which includes only cities, counties, or a city and county, or the State of California. 36609. “City council”
“City council” means the city council of a city or the board of supervisors of a county, or the agency, commission, or board created pursuant to a joint powers agreement and which is a city within the meaning of this part. 36609.4. “Clerk”
“Clerk” means the clerk of the legislative body.
36609.5. “General benefit”
“General benefit” means, for purposes of a property-based district, any benefit that is not a “special benefit” as defined in Section 36615.5.
36610. “Improvement”
“Improvement” means the acquisition, construction, installation, or maintenance of any tangible property with an estimated useful life of five years or more including, but not limited to, the following:
(a) Parking facilities.
(b) Benches, booths, kiosks, display cases, pedestrian shelters and signs. (c) Trash receptacles and public restrooms.
(d) Lighting and heating facilities.
(e) Decorations.
(f) Parks.
(g) Fountains.
(h) Planting areas.
(i) Closing, opening, widening, or narrowing of existing streets. (j) Facilities or equipment, or both, to enhance security of persons and property within the district. (k) Ramps, sidewalks, plazas, and pedestrian malls.
(l) Rehabilitation or removal of existing structures.
36611. “Management district plan”; “Plan”
“Management district plan” or “plan” means a proposal as defined in Section 36622. 36612. “Owners’ association”
“Owners’ association” means a private nonprofit entity that is under contract with a city to administer or implement improvements, maintenance, and activities specified in the management district plan. An owners’ association may be an existing nonprofit entity or a newly formed nonprofit entity. An owners’ association is a private entity and may not be considered a public entity for any purpose, nor may its board members or staff be considered to be public officials for any purpose. Notwithstanding this section, an owners’ association shall comply with the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code), at all times when matters within the subject matter of the district are heard, discussed, or deliberated, and with the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code), for all records relating to activities of the district.
36614. “Property”
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“Property” means real property situated within a district. 36614.5. “Property and business improvement district”; “District” “Property and business improvement district,” or “district,” means a property and business improvement district established pursuant to this part.
36614.6. “Property-based assessment”
“Property-based assessment” means any assessment made pursuant to this part upon real property. 36614.7. “Property-based district”
“Property-based district” means any district in which a city levies a property-based assessment. 36615. “Property owner”; “Business owner”; “Owner”
“Property owner” means any person shown as the owner of land on the last equalized assessment roll or otherwise known to be the owner of land by the city council. “Business owner” means any person recognized by the city as the owner of the business. “Owner” means either a business owner or a property owner. The city council has no obligation to obtain other information as to the ownership of land or businesses, and its determination of ownership shall be final and conclusive for the purposes of this part. Wherever this part requires the signature of the property owner, the signature of the authorized agent of the property owner shall be sufficient. Wherever this part requires the signature of the business owner, the signature of the authorized agent of the business owner shall be sufficient. 36615.5. “Special benefit”
“Special benefit” means, for purposes of a property-based district, a particular and distinct benefit over and above general benefits conferred on real property located in a district or to the public at large. Special benefit includes incidental or collateral effects that arise from the improvements, maintenance, or activities of property-based districts even if those incidental or collateral effects benefit property or persons not assessed. Special benefit excludes general enhancement of property value.
36616. “Tenant”
“Tenant” means an occupant pursuant to a lease of commercial space or a dwelling unit, other than an owner.

ARTICLE 3. Prior Law
36617. Alternate method of financing certain improvements and activities; Effect on other provisions This part provides an alternative method of financing certain improvements and activities. The provisions of this part shall not affect or limit any other provisions of law authorizing or providing for the furnishing of improvements or activities or the raising of revenue for these purposes. Every improvement area established pursuant to the Parking and Business Improvement Area Law of 1989 (Part 6 (commencing with Section 36500) of this division) is valid and effective and is unaffected by this part.

CHAPTER 2. Establishment
36620. Establishment of property and business improvement district A property and business improvement district may be established as provided in this chapter. 36620.5. Requirement of consent of city council
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A county may not form a district within the territorial jurisdiction of a city without the consent of the city council of that city. A city may not form a district within the unincorporated territory of a county without the consent of the board of supervisors of that county. A city may not form a district within the territorial jurisdiction of another city without the consent of the city council of the other city.
36621. Initiation of proceedings; Petition of property or business owners in proposed district (a) Upon the submission of a written petition, signed by the property or business owners in the proposed district who will pay more than 50 percent of the assessments proposed to be levied, the city council may initiate proceedings to form a district by the adoption of a resolution expressing its intention to form a district.

The amount of assessment attributable to property or a business owned by the same property or business owner that is in excess of 40 percent of the amount of all assessments proposed to be levied, shall not be included in determining whether the petition is signed by property or business owners who will pay more than 50 percent of the total amount of assessments proposed to be levied. (b) The petition of property or business owners required under subdivision (a) shall include a summary of the management district plan. That summary shall include all of the following:
(1) A map showing the boundaries of the district.
(2) Information specifying where the complete management district plan can be obtained. (3) Information specifying that the complete management district plan shall be furnished upon request.
(c) The resolution of intention described in subdivision (a) shall contain all of the following:
(1) A brief description of the proposed improvements, maintenance, and activities, the amount of the proposed assessment, a statement as to whether the assessment will be levied on property or businesses within the district, a statement as to whether bonds will be issued, and a description of the exterior boundaries of the proposed district, which may be made by reference to any plan or map that is on file with the clerk. The descriptions and statements do not need to be detailed and shall be sufficient if they enable an owner to generally identify the nature and extent of the improvements, maintenance, and activities, and the location and extent of the proposed district. (2) A time and place for a public hearing on the establishment of the property and business improvement district and the levy of assessments, which shall be consistent with the requirements of Section 36623.
36622. Contents of management district plan
The management district plan shall include, but is not limited to, all of the following:
(a) If the assessment will be levied on property, a map of the district in sufficient detail to locate each parcel of property and, if businesses are to be assessed, each business within the district. If the assessment will be levied on businesses, a map that identifies the district boundaries in sufficient detail to allow a business owner to reasonably determine whether a business is located within the district boundaries. If the assessment will be levied on property and businesses, a map of the district in sufficient detail to locate each parcel of property and to allow a business owner to reasonably determine whether a business is located within the district boundaries.
(b) The name of the proposed district.
(c) A description of the boundaries of the district, including the boundaries of benefit zones, proposed for establishment or extension in a manner sufficient to identify the affected property and businesses included, which may be made by reference to any plan or map that is on file with the clerk. The boundaries of a proposed property assessment district shall not overlap with the boundaries of another existing property assessment district created pursuant to this part. This part does not prohibit the boundaries of a district created pursuant to this part to overlap with other assessment districts established pursuant to other provisions of law, including, but not limited to, the Parking and Business Improvement Area Law of 1989 (Part 6 (commencing with Section 36500)). This part does not prohibit the boundaries of a business assessment district created pursuant to this part to overlap with another business assessment district created pursuant to this part. This part does not prohibit the boundaries of a business assessment district created pursuant to this part to overlap with a property assessment district created pursuant to this part. (d) The improvements, maintenance, and activities proposed for each year of operation of the district and the maximum cost thereof. If the improvements, maintenance, and activities proposed for each year of operation are the same, a description of the first year’s proposed improvements, maintenance, and activities and a ATTACHMENT 1
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statement that the same improvements, maintenance, and activities are proposed for subsequent years shall satisfy the requirements of this subdivision.
(e) The total annual amount proposed to be expended for improvements, maintenance, or activities, and debt service in each year of operation of the district. If the assessment is levied on businesses, this amount may be estimated based upon the assessment rate. If the total annual amount proposed to be expended in each year of operation of the district is not significantly different, the amount proposed to be expended in the initial year and a statement that a similar amount applies to subsequent years shall satisfy the requirements of this subdivision.
(f) The proposed source or sources of financing, including the proposed method and basis of levying the assessment in sufficient detail to allow each property or business owner to calculate the amount of the assessment to be levied against his or her property or business. The plan also shall state whether bonds will be issued to finance improvements.
(g) The time and manner of collecting the assessments.
(h) The specific number of years in which assessments will be levied. In a new district, the maximum number of years shall be five. Upon renewal, a district shall have a term not to exceed 10 years. Notwithstanding these limitations, a district created pursuant to this part to finance capital improvements with bonds may levy assessments until the maximum maturity of the bonds. The management district plan may set forth specific increases in assessments for each year of operation of the district. (i) The proposed time for implementation and completion of the management district plan. (j) Any proposed rules and regulations to be applicable to the district. (k)
(1) A list of the properties or businesses to be assessed, including the assessor’s parcel numbers for properties to be assessed, and a statement of the method or methods by which the expenses of a district will be imposed upon benefited real property or businesses, in proportion to the benefit received by the property or business, to defray the cost thereof. (2) In a property-based district, the proportionate special benefit derived by each identified parcel shall be determined exclusively in relationship to the entirety of the capital cost of a public improvement, the maintenance and operation expenses of a public improvement, or the cost of the activities. An assessment shall not be imposed on any parcel that exceeds the reasonable cost of the proportional special benefit conferred on that parcel. Only special benefits are assessable, and a property-based district shall separate the general benefits, if any, from the special benefits conferred on a parcel. Parcels within a property-based district that are owned or used by any city, public agency, the State of California, or the United States shall not be exempt from assessment unless the governmental entity can demonstrate by clear and convincing evidence that those publicly owned parcels in fact receive no special benefit. The value of any incidental, secondary, or collateral effects that arise from the improvements, maintenance, or activities of a property-based district and that benefit property or persons not assessed shall not be deducted from the entirety of the cost of any special benefit or affect the proportionate special benefit derived by each identified parcel. (l) In a property-based district, the total amount of all special benefits to be conferred upon the properties located within the property-based district.
(m) In a property-based district, the total amount of general benefits, if any. (n) In a property-based district, a detailed engineer’s report prepared by a registered professional engineer certified by the State of California supporting all assessments contemplated by the management district plan. (o) Any other item or matter required to be incorporated therein by the city council. 36623. Procedure to levy assessment
(a) If a city council proposes to levy a new or increased property assessment, the notice and protest and hearing procedure shall comply with Section 53753 of the Government Code. (b) If a city council proposes to levy a new or increased business assessment, the notice and protest and hearing procedure shall comply with Section 54954.6 of the Government Code, except that notice shall be mailed to the owners of the businesses proposed to be assessed. A protest may be made orally or in writing by any interested person. Every written protest shall be filed with the clerk at or before the time fixed for the public hearing. The city council may waive any irregularity in the form or content of any written protest. A written protest may be withdrawn in writing at any time before the conclusion of the public hearing. Each written protest shall contain a description of the business in which the person subscribing the protest is interested sufficient to identify the business and, if a person subscribing is not shown on the official records ATTACHMENT 1
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of the city as the owner of the business, the protest shall contain or be accompanied by written evidence that the person subscribing is the owner of the business or the authorized representative. A written protest that does not comply with this section shall not be counted in determining a majority protest. If written protests are received from the owners or authorized representatives of businesses in the proposed district that will pay 50 percent or more of the assessments proposed to be levied and protests are not withdrawn so as to reduce the protests to less than 50 percent, no further proceedings to levy the proposed assessment against such businesses, as contained in the resolution of intention, shall be taken for a period of one year from the date of the finding of a majority protest by the city council. (c) If a city council proposes to conduct a single proceeding to levy both a new or increased property assessment and a new or increased business assessment, the notice and protest and hearing procedure for the property assessment shall comply with subdivision (a), and the notice and protest and hearing procedure for the business assessment shall comply with subdivision (b). If a majority protest is received from either the property or business owners, that respective portion of the assessment shall not be levied. The remaining portion of the assessment may be levied unless the improvement or other special benefit was proposed to be funded by assessing both property and business owners.
36624. Changes to proposed assessments
At the conclusion of the public hearing to establish the district, the city council may adopt, revise, change, reduce, or modify the proposed assessment or the type or types of improvements, maintenance, and activities to be funded with the revenues from the assessments. Proposed assessments may only be revised by reducing any or all of them. At the public hearing, the city council may only make changes in, to, or from the boundaries of the proposed property and business improvement district that will exclude territory that will not benefit from the proposed improvements, maintenance, and activities. Any modifications, revisions, reductions, or changes to the proposed assessment district shall be reflected in the notice and map recorded pursuant to Section 36627. 36625. Resolution of formation
(a) If the city council, following the public hearing, decides to establish a proposed property and business improvement district, the city council shall adopt a resolution of formation that shall include, but is not limited to, all of the following:
(1) A brief description of the proposed improvements, maintenance, and activities, the amount of the proposed assessment, a statement as to whether the assessment will be levied on property, businesses, or both within the district, a statement on whether bonds will be issued, and a description of the exterior boundaries of the proposed district, which may be made by reference to any plan or map that is on file with the clerk. The descriptions and statements need not be detailed and shall be sufficient if they enable an owner to generally identify the nature and extent of the improvements, maintenance, and activities and the location and extent of the proposed district. (2) The number, date of adoption, and title of the resolution of intention. (3) The time and place where the public hearing was held concerning the establishment of the district.
(4) A determination regarding any protests received. The city shall not establish the district or levy assessments if a majority protest was received.
(5) A statement that the properties, businesses, or properties and businesses in the district established by the resolution shall be subject to any amendments to this part. (6) A statement that the improvements, maintenance, and activities to be conferred on businesses and properties in the district will be funded by the levy of the assessments. The revenue from the levy of assessments within a district shall not be used to provide improvements, maintenance, or activities outside the district or for any purpose other than the purposes specified in the resolution of intention, as modified by the city council at the hearing concerning establishment of the district.

Notwithstanding the foregoing, improvements and activities that must be provided outside the district boundaries to create a special or specific benefit to the assessed parcels or businesses may be provided, but shall be limited to marketing or signage pointing to the district. (7) A finding that the property or businesses within the area of the property and business improvement district will be benefited by the improvements, maintenance, and activities funded by the proposed assessments, and, for a property-based district, that property within the district will receive a special benefit.

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(8) In a property-based district, the total amount of all special benefits to be conferred on the properties within the property-based district.
(b) The adoption of the resolution of formation and, if required, recordation of the notice and map pursuant to Section 36627 shall constitute the levy of an assessment in each of the fiscal years referred to in the management district plan.
36627. Notice and assessment diagram
Following adoption of the resolution establishing district assessments on properties pursuant to Section 36625, the clerk shall record a notice and an assessment diagram pursuant to Section 3114. No other provision of Division 4.5 (commencing with Section 3100) applies to an assessment district created pursuant to this part. 36628. Establishment of separate benefit zones within district; Categories of businesses The city council may establish one or more separate benefit zones within the district based upon the degree of benefit derived from the improvements or activities to be provided within the benefit zone and may impose a different assessment within each benefit zone. If the assessment is to be levied on businesses, the city council may also define categories of businesses based upon the degree of benefit that each will derive from the improvements or activities to be provided within the district and may impose a different assessment or rate of assessment on each category of business, or on each category of business within each zone. 36628.5. Assessments on businesses or property owners
The city council may levy assessments on businesses or on property owners, or a combination of the two, pursuant to this part. The city council shall structure the assessments in whatever manner it determines corresponds with the distribution of benefits from the proposed improvements, maintenance, and activities, provided that any propertybased assessment conforms with the requirements set forth in paragraph (2) of subdivision (k) of Section 36622. 36629. Provisions and procedures applicable to benefit zones and business categories All provisions of this part applicable to the establishment, modification, or disestablishment of a property and business improvement district apply to the establishment, modification, or disestablishment of benefit zones or categories of business. The city council shall, to establish, modify, or disestablish a benefit zone or category of business, follow the procedure to establish, modify, or disestablish a property and business improvement district. 36630. Expiration of district; Creation of new district If a property and business improvement district expires due to the time limit set pursuant to subdivision (h) of Section 36622, a new management district plan may be created and the district may be renewed pursuant to this part.

CHAPTER 3. Assessments
36631. Time and manner of collection of assessments; Delinquent payments The collection of the assessments levied pursuant to this part shall be made at the time and in the manner set forth by the city council in the resolution levying the assessment. Assessments levied on real property may be collected at the same time and in the same manner as for the ad valorem property tax, and may provide for the same lien priority and penalties for delinquent payment. All delinquent payments for assessments levied pursuant to this part may be charged interest and penalties.
36632. Assessments to be based on estimated benefit; Classification of real property and businesses; Exclusion of residential and agricultural property
(a) The assessments levied on real property pursuant to this part shall be levied on the basis of the estimated benefit to the real property within the property and business improvement district. The city council may ATTACHMENT 1
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classify properties for purposes of determining the benefit to property of the improvements and activities provided pursuant to this part.
(b) Assessments levied on businesses pursuant to this part shall be levied on the basis of the estimated benefit to the businesses within the property and business improvement district. The city council may classify businesses for purposes of determining the benefit to the businesses of the improvements and activities provided pursuant to this part.
(c) Properties zoned solely for residential use, or that are zoned for agricultural use, are conclusively presumed not to benefit from the improvements and service funded through these assessments, and shall not be subject to any assessment pursuant to this part.
36633. Time for contesting validity of assessment
The validity of an assessment levied under this part shall not be contested in an action or proceeding unless the action or proceeding is commenced within 30 days after the resolution levying the assessment is adopted pursuant to Section 36625. An appeal from a final judgment in an action or proceeding shall be perfected within 30 days after the entry of judgment.
36634. Service contracts authorized to establish levels of city services The city council may execute baseline service contracts that would establish levels of city services that would continue after a property and business improvement district has been formed. 36635. Request to modify management district plan
The owners’ association may, at any time, request that the city council modify the management district plan. Any modification of the management district plan shall be made pursuant to this chapter. 36636. Modification of plan by resolution after public hearing; Adoption of resolution of intention (a) Upon the written request of the owners’ association, the city council may modify the management district plan after conducting one public hearing on the proposed modifications. The city council may modify the improvements and activities to be funded with the revenue derived from the levy of the assessments by adopting a resolution determining to make the modifications after holding a public hearing on the proposed modifications. If the modification includes the levy of a new or increased assessment, the city council shall comply with Section 36623. Notice of all other public hearings pursuant to this section shall comply with both of the following:
(1) The resolution of intention shall be published in a newspaper of general circulation in the city once at least seven days before the public hearing.
(2) A complete copy of the resolution of intention shall be mailed by first class mail, at least 10 days before the public hearing, to each business owner or property owner affected by the proposed modification.
(b) The city council shall adopt a resolution of intention which states the proposed modification prior to the public hearing required by this section. The public hearing shall be held not more than 90 days after the adoption of the resolution of intention.
36637. Reflection of modification in notices recorded and maps Any subsequent modification of the resolution shall be reflected in subsequent notices and maps recorded pursuant to Division 4.5 (commencing with Section 3100), in a manner consistent with the provisions of Section 36627.

CHAPTER 3.5. Financing
36640. Bonds authorized; Procedure; Restriction on reduction or termination of assessments (a)The city council may, by resolution, determine and declare that bonds shall be issued to finance the estimated cost of some or all of the proposed improvements described in the resolution of formation adopted ATTACHMENT 1
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pursuant to Section 36625, if the resolution of formation adopted pursuant to that section provides for the issuance of bonds, under the Improvement Bond Act of 1915 (Division 10 (commencing with Section 8500)) or in conjunction with Marks-Roos Local Bond Pooling Act of 1985 (Article 4 (commencing with Section 6584) of Chapter 5 of Division 7 of Title 1 of the Government Code). Either act, as the case may be, shall govern the proceedings relating to the issuance of bonds, although proceedings under the Bond Act of 1915 may be modified by the city council as necessary to accommodate assessments levied upon business pursuant to this part.
(b) The resolution adopted pursuant to subdivision (a) shall generally describe the proposed improvements specified in the resolution of formation adopted pursuant to Section 36625, set forth the estimated cost of those improvements, specify the number of annual installments and the fiscal years during which they are to be collected. The amount of debt service to retire the bonds shall not exceed the amount of revenue estimated to be raised from assessments over 30 years.
(c) Notwithstanding any other provision of this part, assessments levied to pay the principal and interest on any bond issued pursuant to this section shall not be reduced or terminated if doing so would interfere with the timely retirement of the debt.

CHAPTER 4. Governance
36650. Report by owners’ association; Approval or modification by city council (a) The owners’ association shall cause to be prepared a report for each fiscal year, except the first year, for which assessments are to be levied and collected to pay the costs of the improvements, maintenance, and activities described in the report. The owners’ association’s first report shall be due after the first year of operation of the district. The report may propose changes, including, but not limited to, the boundaries of the property and business improvement district or any benefit zones within the district, the basis and method of levying the assessments, and any changes in the classification of property, including any categories of business, if a classification is used.
(b) The report shall be filed with the clerk and shall refer to the property and business improvement district by name, specify the fiscal year to which the report applies, and, with respect to that fiscal year, shall contain all of the following information:
(1) Any proposed changes in the boundaries of the property and business improvement district or in any benefit zones or classification of property or businesses within the district. (2) The improvements, maintenance, and activities to be provided for that fiscal year. (3) An estimate of the cost of providing the improvements, maintenance, and activities for that fiscal year.
(4) The method and basis of levying the assessment in sufficient detail to allow each real property or business owner, as appropriate, to estimate the amount of the assessment to be levied against his or her property or business for that fiscal year.
(5) The estimated amount of any surplus or deficit revenues to be carried over from a previous fiscal year.
(6) The estimated amount of any contributions to be made from sources other than assessments levied pursuant to this part.
(c) The city council may approve the report as filed by the owners’ association or may modify any particular contained in the report and approve it as modified. Any modification shall be made pursuant to Sections 36635 and 36636.

The city council shall not approve a change in the basis and method of levying assessments that would impair an authorized or executed contract to be paid from the revenues derived from the levy of assessments, including any commitment to pay principal and interest on any bonds issued on behalf of the district. 36651. Designation of owners’ association to provide improvements, maintenance, and activities The management district plan may, but is not required to, state that an owners’ association will provide the improvements, maintenance, and activities described in the management district plan. If the management district plan designates an owners’ association, the city shall contract with the designated nonprofit corporation to provide services.

CHAPTER 5. Renewal
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36660. Renewal of district; Transfer or refund of remaining revenues; District term limit (a) Any district previously established whose term has expired, or will expire, may be renewed by following the procedures for establishment as provided in this chapter. (b) Upon renewal, any remaining revenues derived from the levy of assessments, or any revenues derived from the sale of assets acquired with the revenues, shall be transferred to the renewed district. If the renewed district includes additional parcels or businesses not included in the prior district, the remaining revenues shall be spent to benefit only the parcels or businesses in the prior district. If the renewed district does not include parcels or businesses included in the prior district, the remaining revenues attributable to these parcels shall be refunded to the owners of these parcels or businesses. (c) Upon renewal, a district shall have a term not to exceed 10 years, or, if the district is authorized to issue bonds, until the maximum maturity of those bonds. There is no requirement that the boundaries, assessments, improvements, or activities of a renewed district be the same as the original or prior district.

CHAPTER 6. Disestablishment
36670. Circumstances permitting disestablishment of district; Procedure (a) Any district established or extended pursuant to the provisions of this part, where there is no indebtedness, outstanding and unpaid, incurred to accomplish any of the purposes of the district, may be disestablished by resolution by the city council in either of the following circumstances:
(1) If the city council finds there has been misappropriation of funds, malfeasance, or a violation of law in connection with the management of the district, it shall notice a hearing on disestablishment. (2) During the operation of the district, there shall be a 30-day period each year in which assessees may request disestablishment of the district. The first such period shall begin one year after the date of establishment of the district and shall continue for 30 days. The next such 30-day period shall begin two years after the date of the establishment of the district. Each successive year of operation of the district shall have such a 30-day period. Upon the written petition of the owners or authorized representatives of real property or the owners or authorized representatives of businesses in the district who pay 50 percent or more of the assessments levied, the city council shall pass a resolution of intention to disestablish the district. The city council shall notice a hearing on disestablishment. (b) The city council shall adopt a resolution of intention to disestablish the district prior to the public hearing required by this section. The resolution shall state the reason for the disestablishment, shall state the time and place of the public hearing, and shall contain a proposal to dispose of any assets acquired with the revenues of the assessments levied within the property and business improvement district. The notice of the hearing on disestablishment required by this section shall be given by mail to the property owner of each parcel or to the owner of each business subject to assessment in the district, as appropriate. The city shall conduct the public hearing not less than 30 days after mailing the notice to the property or business owners. The public hearing shall be held not more than 60 days after the adoption of the resolution of intention. 36671. Refund of remaining revenues upon disestablishment or expiration without renewal of district; Calculation of refund; Use of outstanding revenue collected after disestablishment of district (a) Upon the disestablishment or expiration without renewal of a district, any remaining revenues, after all outstanding debts are paid, derived from the levy of assessments, or derived from the sale of assets acquired with the revenues, or from bond reserve or construction funds, shall be refunded to the owners of the property or businesses then located and operating within the district in which assessments were levied by applying the same method and basis that was used to calculate the assessments levied in the fiscal year in which the district is disestablished or expires. All outstanding assessment revenue collected after disestablishment shall be spent on improvements and activities specified in the management district plan. (b) If the disestablishment occurs before an assessment is levied for the fiscal year, the method and basis that was used to calculate the assessments levied in the immediate prior fiscal year shall be used to calculate the amount of any refund.

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APPENDIX 2 – ASSESSED BUSINESSES
Name of Establishment Jurisdiction Class Mailing Address City/State/Zip The Leta City of Goleta Upper Upscale
Class
5650 Calle Real Goleta, CA
93117
1005 Monte Cristo County Of Santa
Barbara
Short Term
Rental
1005 Monte
Cristo Lane
Santa Barbara
CA 93108
Gretchen Zee City Of Goleta Short Term
Rental
1011 Via
Bolzano
Goleta, CA
93124
The Palace County Of Santa
Barbara
Short Term
Rental
1015 Debra
Drive
Santa Barbara
CA 93110
Ala Mar Motel City Of Santa
Barbara
Midscale Class 102 W Cabrillo
Blvd
Santa Barbara,
CA 93101-3505
Alamar Motel City Of Santa
Barbara
Midscale Class 102 W Cabrillo
Blvd
Santa Barbara,
CA 93101-3505
1508 Miramar Beach County Of Santa
Barbara
Short Term
Rental
10250
Constellation
Blvd 5th Fl
Los Angeles CA
90067
Harbor House Inn City Of Santa
Barbara
Midscale Class 104 Bath St Santa Barbara,
CA 93101-3805
Gledhill, David County Of Santa
Barbara
Short Term
Rental
1040 Mission
Canyon Road
Santa Barbara
CA 93105
Casa Del Sol County Of Santa
Barbara
Short Term
Rental
1043 Via
Chaparral
Santa Barbara
CA 93105
David & Janette Delorie City Of Santa
Barbara
Short Term
Rental
1052 Vereda Del
Ciervo
Goleta, CA
93117-5304
Damron, Bonnie County Of Santa
Barbara
Short Term
Rental
1076 Fairway Rd Santa Barbara
CA 93108
Coastal Properties County Of Santa
Barbara
Short Term
Rental
1086 Coast
Village Rd
Santa Barbara
CA 93108
Franciscan Inn & Suites City Of Santa
Barbara
Upscale Class 109 Bath St Santa Barbara,
CA 93101-3804
Bb Pacific Llc City Of Santa
Barbara
Short Term
Rental
1103 Portesuello
Av
Santa Barbara,
CA 93105
Christine Chavez City Of Santa
Barbara
Short Term
Rental
1107 5th St Davis, CA 95616-
3920
Duris, Maureen County Of Santa
Barbara
Short Term
Rental
111 Crestview
Lane
Santa Barbara
CA 93108
Young, David & Kristen County Of Santa
Barbara
Short Term
Rental
1110 Oriole Rd Santa Barbara
CA 93108
Mar Monte Hotel
(Formerly Hyatt Centric)
City Of Santa
Barbara
Luxury Class 1111 E Cabrillo
Blvd
Santa Barbara,
CA 93103-3701
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Santa Barbara House City Of Santa
Barbara
Luxury Class 1111 E Cabrillo
Blvd
Santa Barbara,
CA 93103-3701
Riven Rock
Management, LLC
County Of Santa
Barbara
Short Term
Rental
1114 State St,
Ste 250
Santa Barbara
CA 93101
La Maison Santa
Barbara
City Of Santa
Barbara
Short Term
Rental
112 E Ortega St
Ste 301
Santa Barbara,
CA 93101-1631
Tres Perros Beach
House
County Of Santa
Barbara
Short Term
Rental
1130 Iliff St Pacific Palisades
CA 90272
Butterfly Homestay County Of Santa
Barbara
Short Term
Rental
1132 Hill Rd Santa Barbara
CA 93108
Brace, Kyle County Of Santa
Barbara
Short Term
Rental
116 Hermosillo
Rd
Santa Barbara
CA 93108
Bryan R Smith City Of Santa
Barbara
Short Term
Rental
116 San Rafael
Ave
Santa Barbara,
CA 93109-2077
Donald Campbell/Joy
Kelly
City Of Santa
Barbara
Short Term
Rental
118 Chapala St
Apt 1
Santa Barbara,
CA 93101-5224
Dominic, Andrea County Of Santa
Barbara
Short Term
Rental
1187 Coast
Village Rd #413
Santa Barbara
CA 93108
Inn On Summer Hill &
Spa
County Of Santa
Barbara
Upper Midscale
Class
1187 Coast
Village Rd #508
Santa Barbara,
CA 93108
Coast Village Inn City Of Santa
Barbara
Upper Midscale
Class
1188 Coast
Village Rd
Santa Barbara,
CA 93108-2717
The Wayfarer City Of Santa
Barbara
Upper Midscale
Class
12 E Montecito
St
Santa Barbara,
CA 93101-2323
Loon Point Cottages County Of Santa
Barbara
Short Term
Rental
120 Morgan
Lane
Carpinteria CA
93013
Simpson House Inn City Of Santa
Barbara
Luxury Class 121 E Arrellaga
St
Santa Barbara,
CA 93101-1903
Riviera Beach House
(Formerly Hotel Indigo
Santa Barbara)
City Of Santa
Barbara
Upper Upscale
Class
121 State St Santa Barbara,
CA 93101-3529
Sapphire Land &
Development
County Of Santa
Barbara
Short Term
Rental
1212 Mark Ave Carpinteria CA
93013
Mission Canyon Peace County Of Santa
Barbara
Short Term
Rental
1220 Mission
Canyon Pl
Santa Barbara
CA 93105
124 Rincon Point Road County Of Santa
Barbara
Short Term
Rental
124 Rincon Point Carpinteria CA
93013
De La Vina Inn City Of Santa
Barbara
Upper Upscale
Class
1246 Hoover St Menlo Park, CA
94025-4217
Rincon Seaside Retreat County Of Santa
Barbara
Short Term
Rental
126 Montecello
Ave
Piedmont CA
94611
Four Seasons Resort The
Biltmore Santa Barbara
County Of Santa
Barbara
Luxury Class 1260 Channel
Drive
Santa Barbara,
CA 93108
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Montecito Inn City Of Santa
Barbara
Upscale Class 1295 Coast
Village Rd
Santa Barbara,
CA 93108-2748
Presidio Motel City Of Santa
Barbara
Economy Class 1304 Portesuello
Ave
Santa Barbara,
CA 93105-4623
Palm Tree Properties County Of Santa
Barbara
Short Term
Rental
131 Hermosillo
Rd
Santa Barbara
CA 93108
3081 Via Real Llc County Of Santa
Barbara
Short Term
Rental
1310 San
Antonio Creek
Rd
Santa Barbara
CA 93111
Kimberly & John Bianchi City Of Santa
Barbara
Short Term
Rental
1311 Suffield Ln Bakersfield, CA
93312-4681
Mike Rosie Rental City Of Santa
Barbara
Short Term
Rental
1333 Cliff Dr Santa Barbara,
CA 93109-1729
Pape, Nancy County Of Santa
Barbara
Short Term
Rental
1335 40th Street Sacramento CA
95819
Peterson Rentals County Of Santa
Barbara
Short Term
Rental
1342 Virginia Rd Santa Barbara
CA 93108
Arneson, Pamela & Eric County Of Santa
Barbara
Short Term
Rental
1345 Virginia Rd Santa Barbara
CA 93108
Montecito Cottage County Of Santa
Barbara
Short Term
Rental
1355 Danielson
Rd
Santa Barbara
CA 93108
Sea Steppe County Of Santa
Barbara
Short Term
Rental
1363 Danielson
Rd
Santa Barbara
CA 93108
The Beach Loft County Of Santa
Barbara
Short Term
Rental
1371 Santa Clara
Way
Santa Barbara
CA 93108
The Beach Cottage County Of Santa
Barbara
Short Term
Rental
1371 Santa Clara
Way
Santa Barbara
CA 93108
Montecito Vacation
Home
County Of Santa
Barbara
Short Term
Rental
1371 Santa Clara
Way
Santa Barbara
CA 93108
Rutherford, John & Lynn County Of Santa
Barbara
Short Term
Rental
1374 Danielson
Rd #B
Santa Barbara
CA 93108
Cottage By The Sea County Of Santa
Barbara
Short Term
Rental
1390 Virginia
Road
Santa Barbara
CA 93108
Upham Hotel City Of Santa
Barbara
Upper Upscale
Class
1404 De La Vina
St
Santa Barbara,
CA 93101-3027
Montecito, LLC County Of Santa
Barbara
Short Term
Rental
1410 N Jameson
Lane
Santa Barbara
CA 93108
East Beach Cottages City Of Santa
Barbara
Short Term
Rental
1415 Cantera
Ave
Santa Barbara,
CA 93110-2402
Mid-Century Hideaway County Of Santa
Barbara
Short Term
Rental
1418 N Jameson
Lane
Santa Barbara
CA 93108
Eric & Amy Ryan City Of Santa
Barbara
Short Term
Rental
1424 San Miguel
Ave
Santa Barbara,
CA 93109-2045
ATTACHMENT 1
SBSCTBID MDP Page 30
March 3, 2022
Chambers Homestay County Of Santa
Barbara
Short Term
Rental
145 Walnut St Santa Barbara
CA 93111
Connors Properties LLC City Of Santa
Barbara
Short Term
Rental
1475 Cougar
Ridge Rd
Buellton, CA
93427-9414
Epstein, Seth & Monica County Of Santa
Barbara
Short Term
Rental
1482 E Valley Rd
Suite #234
Santa Barbara
CA 93108
Dealy, Catherine &
Peter
County Of Santa
Barbara
Short Term
Rental
1482 East Valley
Rd #245
Santa Barbara
CA 93108
Scott C Boydston Trust County Of Santa
Barbara
Short Term
Rental
1485 S Jameson
Lane
Santa Barbara
CA 93108
Cota Lane Properties County Of Santa
Barbara
Short Term
Rental
1490 Wyant
Road
Santa Barbara
CA 93108
Villa Rosa City Of Santa
Barbara
Upper Midscale
Class
15 Chapala St Santa Barbara,
CA 93101-3507
Hyatt Place Santa
Barbara
County Of Santa
Barbara
Upscale Class 150 W Harris
Ave
South San
Francisco, CA
94030
7490 Magnolia, LLC County Of Santa
Barbara
Short Term
Rental
151 Kalmus Dr,
M-4
Costa Mesa CA
92626
Hamilton, Justine County Of Santa
Barbara
Short Term
Rental
1521 Sinaloa Dr Santa Barbara
CA 93108
Patricia Woodruff City Of Santa
Barbara
Short Term
Rental
1529 San Miguel
Ave
Santa Barbara,
CA 93109-2046
Signature Rentals -
California, Inc
County Of Santa
Barbara
Short Term
Rental
15475 N
Greenway
Hayden Loop Ste
B2
Scottsdale AZ
85260
Casa Valerio City Of Santa
Barbara
Short Term
Rental
1550 Tiburon
Blvd # G-343
Tiburon, CA
94920-2564
Villa Malaga City Of Santa
Barbara
Short Term
Rental
1557 La Cresta
Cir
Santa Barbara,
CA 93109-1741
Villa Flora County Of Santa
Barbara
Short Term
Rental
1581 Green
Lane
Santa Barbara
CA 93108
Paradise Retreats County Of Santa
Barbara
Short Term
Rental
16 E Arrellaga St Santa Barbara
CA 93101
Breakaway Retreat City Of Santa
Barbara
Short Term
Rental
16 E Arrellaga St Santa Barbara,
CA 93101-0000
Sea Glass Cottage City Of Santa
Barbara
Short Term
Rental
16 E Arrellaga St Santa Barbara,
CA 93101-2502
Cottages At West Beach City Of Santa
Barbara
Short Term
Rental
16 E Arrellaga St Santa Barbara,
CA 93101-2502
Mesa Bliss City Of Santa
Barbara
Short Term
Rental
16 E Arrellaga St Santa Barbara,
CA 93101-2502
ATTACHMENT 1
SBSCTBID MDP Page 31
March 3, 2022
The Sea Captain's House City Of Santa
Barbara
Short Term
Rental
16 E Arrellaga St Santa Barbara,
CA 93101-2502
Tropical Retreat City Of Santa
Barbara
Short Term
Rental
16 E Arrellaga St Santa Barbara,
CA 93101-2502
Mesa Life City Of Santa
Barbara
Short Term
Rental
16 E Arrellaga St Santa Barbara,
CA 93101-2502
Sandwaves City Of Santa
Barbara
Short Term
Rental
16 E Arrellaga St Santa Barbara,
CA 93101-2502
Downtown Villa City Of Santa
Barbara
Short Term
Rental
16 E Arrellaga St Santa Barbara,
CA 93101-2502
Happy Place City Of Santa
Barbara
Short Term
Rental
16 E Arrellaga St Santa Barbara,
CA 93101-2502
West Beach Oasis City Of Santa
Barbara
Short Term
Rental
16 E Arrellaga St Santa Barbara,
CA 93101-2502
East Beach Sophisticate City Of Santa
Barbara
Short Term
Rental
16 E Arrellaga St Santa Barbara,
CA 93101-2502
Bluewater Retreat City Of Santa
Barbara
Short Term
Rental
16 E Arrellaga St Santa Barbara,
CA 93101-2502
Harbor Retreat City Of Santa
Barbara
Short Term
Rental
16 E Arrellaga St Santa Barbara,
CA 93101-2502
Surfer's Paradise City Of Santa
Barbara
Short Term
Rental
16 E Arrellaga St Santa Barbara,
CA 93101-2502
Sea Change City Of Santa
Barbara
Short Term
Rental
16 E Arrellaga St Santa Barbara,
CA 93101-2502
Juniper Cottage City Of Santa
Barbara
Short Term
Rental
16 E Arrellaga St Santa Barbara,
CA 93101-2502
1608 Bath St Vacation
Rental
City Of Santa
Barbara
Short Term
Rental
1608 Bath St Santa Barbara,
CA 93101-2908
Blaser Living Trust County Of Santa
Barbara
Short Term
Rental
1639 Posilipo
Lane
Santa Barbara
CA 93108
Rh Management Inc City Of Santa
Barbara
Short Term
Rental
1650 Veteran
Ave Apt 307
Los Angeles, CA
90024-5555
David Sullins City Of Santa
Barbara
Short Term
Rental
1683 Manor Rd Englewood, FL
34223-4929
David Sullins Vacation
Rental
City Of Santa
Barbara
Short Term
Rental
1683 Manor Rd Englewood, FL
34223-4929
Holiday Inn Express
Santa Barbara
City Of Santa
Barbara
Upper Midscale
Class
17 W Haley St Santa Barbara,
CA 93101-3428
Holiday Inn Express
Hotel Virginia
City Of Santa
Barbara
Upper Midscale
Class
17 W Haley St Santa Barbara,
CA 93101-3428
Magic Retreat Home County Of Santa
Barbara
Short Term
Rental
1705 San
Marcos Pass Rd
Santa Barbara
CA 93105
Perfect Surf City Of Santa
Barbara
Short Term
Rental
1717 Sunset Ave Santa Monica,
CA 90405-5919
ATTACHMENT 1
SBSCTBID MDP Page 32
March 3, 2022
Alex & Erik Funke City Of Santa
Barbara
Short Term
Rental
1718 Se
Mulberry Ave
Portland, Or
97214-4764
Sunset Inn City Of Santa
Barbara
Economy Class 1787 E
Thompson Blvd
Ventura, CA
93001-3326
Casa Del Mar Inn City Of Santa
Barbara
Upper Midscale
Class
18 Bath St Santa Barbara,
CA 93101-3803
Circle Bar B County Of Santa
Barbara
Upper Upscale
Class
1800 Refugio Rd Goleta, CA
93117
718 Castillo Street LLC City Of Santa
Barbara
Short Term
Rental
1815 State St
Ste A
Santa Barbara,
CA 93101-8405
Stan Krome City Of Santa
Barbara
Short Term
Rental
1843 El Camino
De La Luz
Santa Barbara,
CA 93109-1924
Winthrop, Stuart &
Elizabeth
County Of Santa
Barbara
Short Term
Rental
1959 Las Tunas
Rd
Santa Barbara
CA 93103
The Whale House County Of Santa
Barbara
Short Term
Rental
1979 N Refugio
Rd
Santa Ynez CA
93460
Strand Hus Unit A County Of Santa
Barbara
Short Term
Rental
2 Desilva Island
Ct
Mill Valley CA
94941
8 Rincon Point, LLC County Of Santa
Barbara
Short Term
Rental
2006 Palisades
Dr
Pacific Palisades
CA 90272
Crawford Wilson
Rentals
City Of Santa
Barbara
Short Term
Rental
2016 Edgewater
Way
Santa Barbara,
CA 93109-1917
Ocean View Cottage County Of Santa
Barbara
Short Term
Rental
2018 Foothill Rd Santa Barbara
CA 93105
Fiesta Inn And Suites City Of Santa
Barbara
Economy Class 2019 State St Santa Barbara,
CA 93105-3553
A J & Stephanie
Castagnola
City Of Santa
Barbara
Short Term
Rental
206 Bath St Santa Barbara,
CA 93101-3807
Lavender Inn By The Sea City Of Santa
Barbara
Upper Upscale
Class
206 Castillo St Santa Barbara,
CA 93101-3812
Marina Beach Motel City Of Santa
Barbara
Upper Midscale
Class
21 Bath St Santa Barbara,
CA 93101-3802
Wimberly, Ed & Joan County Of Santa
Barbara
Short Term
Rental
211 Ocean View
Rd
Carpinteria CA
93013
Goena-Welch, Mina County Of Santa
Barbara
Short Term
Rental
2115 Anacapa
Street
Santa Barbara
CA 93105
Eberwein, Kristin &
William
County Of Santa
Barbara
Short Term
Rental
2121 Manzanita
Ave
Menlo Park CA
94025
Castillo Inn City Of Santa
Barbara
Economy Class 22 Castillo St Santa Barbara,
CA 93101-3809
1031 Del Sol LLC City Of Santa
Barbara
Short Term
Rental
22046 Martinez
St
Woodland Hills,
CA 91364-1611
ATTACHMENT 1
SBSCTBID MDP Page 33
March 3, 2022
Best Western Plus Santa
Barbara (Formerly Bw
Encina)
City Of Santa
Barbara
Upper Midscale
Class
2220 Bath St Santa Barbara,
CA 93105-4322
Stay Sb Luxury Vacation
Rentals
County Of Santa
Barbara
Short Term
Rental
2229 State St Santa Barbara
CA 93105
Brisas Del Mar Inn At
The Beach
City Of Santa
Barbara
Upper Upscale
Class
223 Castillo St Santa Barbara,
CA 93101-3811
Inn By The Harbor City Of Santa
Barbara
Upscale Class 223 Castillo St Santa Barbara,
CA 93101-3811
Dolphin Inn Vacation
Rentals
City Of Santa
Barbara
Short Term
Rental
223 W Mason St Santa Barbara,
CA 93101-3598
Anderson, Michael &
Hilary
County Of Santa
Barbara
Short Term
Rental
2255 Las Canoas
Road
Santa Barbara
CA 93105
The Hill House, By The
Sea
County Of Santa
Barbara
Short Term
Rental
2274 Whitney
Ave
Summerland CA
93067
The Eagle Inn City Of Santa
Barbara
Upper Upscale
Class
232 Natoma Ave Santa Barbara,
CA 93101-3522
La Quinta Inns & Suites
Santa Barbara
Downtown
City Of Santa
Barbara
Upper Midscale
Class
2333 Nw
Vaughn St
Portland, OR
97210-2311
Calle Culebra County Of Santa
Barbara
Short Term
Rental
23460 Camino
Hermoso
Los Altos Hiills
CA 94024
1350 Virginia Road County Of Santa
Barbara
Short Term
Rental
23460 Camino
Hermoso Dr
Los Altos Hills
CA 94024
Bingham, Wendy County Of Santa
Barbara
Short Term
Rental
238 Toro
Canyon Rd
Carpinteria CA
93013
Gottlieb, Susan County Of Santa
Barbara
Short Term
Rental
240 Toro
Canyon Rd
Carpinteria CA
93013
Bryce, Frank & Ian
Anderson
City Of Santa
Barbara
Short Term
Rental
2410 State St Santa Barbara,
CA 93105-3562
Wanderlust Luxury
Rentals
County Of Santa
Barbara
Short Term
Rental
2429 Bath St Santa Barbara
CA 93105
Ron & Dana Macksoud City Of Santa
Barbara
Short Term
Rental
2507 Honolulu
Ave
Montrose, CA
91020-1805
Stephen Thompson City Of Goleta Short Term
Rental
253 Calle
Serrento
Goleta, CA
93125
Haley Hotel City Of Santa
Barbara
Upscale Class 26 E Haley St Santa Barbara,
CA 93101-2316
Grand Welcome County Of Santa
Barbara
Short Term
Rental
2601 Airport Dr,
Suite 270
Torrance CA
90505
Hudson, David Lamont County Of Santa
Barbara
Short Term
Rental
2620 Dorking Pl Santa Barbara
CA 93105
Pied-A-Terre County Of Santa
Barbara
Short Term
Rental
2660 Dorking Pl Santa Barbara
CA 93105
ATTACHMENT 1
SBSCTBID MDP Page 34
March 3, 2022
Nelson, Thomas County Of Santa
Barbara
Short Term
Rental
2676
Glendessary
Lane
Santa Barbara
CA 93105
103 Chapala LLC City Of Santa
Barbara
Short Term
Rental
27 W Anapamu
St # 228
Santa Barbara,
CA 93101-3107
Adventures At Arroyo
Burro
City Of Santa
Barbara
Short Term
Rental
27 W Anapamu
St # 228
Santa Barbara,
CA 93101-3107
Villa Portofino LLC City Of Santa
Barbara
Short Term
Rental
27 W Anapamu
St # 228
Santa Barbara,
CA 93101-3107
Santa Barbara Vacation
Rentals, LLC
County Of Santa
Barbara
Short Term
Rental
27 W Anapamu
St #228
Santa Barbara
CA 93101
Rosenblatt, Mindy County Of Santa
Barbara
Short Term
Rental
2709 Foothill Rd Santa Barbara
CA 93105
Under The Oaks
Homestay
County Of Santa
Barbara
Short Term
Rental
2720 Puesta Del
Sol
Santa Barbara
CA 93105
Sun El Capitan Canyon County Of Santa
Barbara
Luxury Class 27777 Franklin
Rd Ste 200
Southfield MI
48034
El Capitan Canyon County Of Santa
Barbara
Luxury Class 27777 Franklin
Rd Ste 200
Southfield, MI
48034
Harbor View Inn City Of Santa
Barbara
Upscale Class 28 W Cabrillo
Blvd
Santa Barbara,
CA 93101-3504
Town & Country Inn City Of Santa
Barbara
Economy Class 2800 State St Santa Barbara,
CA 93105-3416
Lemon Tree Inn City Of Santa
Barbara
Upscale Class 2819 State St Santa Barbara,
CA 93105-3415
Secret Garden Inn City Of Santa
Barbara
Upper Upscale
Class
2821 Ben
Lomond Dr
Santa Barbara,
CA 93105-2204
Holiday Lodge City Of Santa
Barbara
Economy Class 2825 State St Santa Barbara,
CA 93105-3424
Humphreys, Crystal County Of Santa
Barbara
Short Term
Rental
2835 Ivory Ave Simi Valley CA
93063
Weisbart, Harry &
Judith
County Of Santa
Barbara
Short Term
Rental
2879 Exeter
Place
Santa Barbara
CA 93105
Brown Credit Trust City Of Santa
Barbara
Short Term
Rental
2973 Glen Albyn
Dr
Santa Barbara,
CA 93105-2219
Pacific Time
Management LLC
City Of Santa
Barbara
Short Term
Rental
30 W Quinto St Santa Barbara,
CA 93105-3923
Blue Sands Inn City Of Santa
Barbara
Upper Upscale
Class
301 N Canon Dr
Ste 302
Beverly Hills, CA
90210-4724
Hideaway Santa Barbara City Of Santa
Barbara
Luxury Class 301 N Canon Dr
Ste 302
Beverly Hills, CA
90210-4724
Best Western Plus
Pepper Tree Inn
City Of Santa
Barbara
Upper Midscale
Class
301 N Canon Dr
Ste 305
Beverly Hills, CA
90210-4726
ATTACHMENT 1
SBSCTBID MDP Page 35
March 3, 2022
Quality Inn Santa
Barbara
City Of Santa
Barbara
Midscale Class 3055 De La Vina
St
Santa Barbara,
CA 93105-3351
Canary Hotel City Of Santa
Barbara
Upper Upscale
Class
31 W Carrillo St Santa Barbara,
CA 93101-3212
John Sharkey City Of Goleta Short Term
Rental
312 Pebble
Beach Dr
Goleta, CA
93126
Perry, Rosario County Of Santa
Barbara
Short Term
Rental
312 Pico Blvd Santa Monica CA
90405
Caird Family Revocable
Trust
City Of Santa
Barbara
Short Term
Rental
315 Meigs Rd #
A284
Santa Barbara,
CA 93109-1900
Caird Family Trust City Of Santa
Barbara
Short Term
Rental
315 Meigs Rd #
A284
Santa Barbara,
CA 93109-1900
Caird Family Revocable
Trust
City Of Santa
Barbara
Short Term
Rental
315 Meigs Rd #
A284
Santa Barbara,
CA 93109-1900
Humphrey Road Retreat County Of Santa
Barbara
Short Term
Rental
315 Meigs Rd
#A284
Santa Barbara
CA 93109
228 W Yanonali St City Of Santa
Barbara
Short Term
Rental
315 Meigs Rd
Ste A284
Santa Barbara,
CA 93109-1900
Kurt & Amy Chambliss City Of Santa
Barbara
Short Term
Rental
315 Meigs Rd
Ste A284
Santa Barbara,
CA 93109-1900
Dorwin Lane Rental County Of Santa
Barbara
Short Term
Rental
315 Meigs Rd
Suite A284
Santa Barbara
CA 93109
Theilmann, Theodore &
Mary Anne
County Of Santa
Barbara
Short Term
Rental
3198 Via Real Carpinteria CA
93013
Linker, Gary & Victoria County Of Santa
Barbara
Short Term
Rental
320 Malaga
Drive
Santa Barbara
CA 93108
Bath Street Inn Bed &
Breakfast
City Of Santa
Barbara
Upper Upscale
Class
3222 State St Santa Barbara,
CA 93105-3329
Agave Inn City Of Santa
Barbara
Economy Class 3222 State St #
13 Santa Barbara,
CA 93105-3329
Levet, Benoit & Vinita
Srinivas
County Of Santa
Barbara
Short Term
Rental
3238 Balboa - A San Francisco CA
94121
Mason Beach Inn City Of Santa
Barbara
Upscale Class 324 W Mason St Santa Barbara,
CA 93101-3822
Santa Barbara Classic City Of Santa
Barbara
Short Term
Rental
330 N Jefferson
St Apt 2301
Chicago, IL
60661-1220
Oasis Inn & Suites City Of Santa
Barbara
Economy Class 3344 State St Santa Barbara,
CA 93105-2624
Beachside Inn City Of Santa
Barbara
Upper Upscale
Class
336 W Cabrillo
Blvd
Santa Barbara,
CA 93101-3855
Poolside Home County Of Santa
Barbara
Short Term
Rental
3463 State St
#531
Santa Barbara
CA 93105
Gerlach, Kari Ann County Of Santa
Barbara
Short Term
Rental
3475 W Oak
Trail Rd #B
Santa Ynez CA
93460
ATTACHMENT 1
SBSCTBID MDP Page 36
March 3, 2022
Sandpiper Lodge City Of Santa
Barbara
Economy Class 3525 State St Santa Barbara,
CA 93105-2627
Pure Vida Casas County Of Santa
Barbara
Short Term
Rental
3588 La Entrada Santa Barbara
CA 93105
Hotel Californian City Of Santa
Barbara
Luxury Class 36 State St Santa Barbara,
CA 93101-4983
Cheshire Cat Inn City Of Santa
Barbara
Upper Midscale
Class
36 W Valerio St Santa Barbara,
CA 93101-2524
Rose Garden Inn City Of Santa
Barbara
Economy Class 3643 State St Santa Barbara,
CA 93105-2521
Ross, Jan County Of Santa
Barbara
Short Term
Rental
3671 Berry Dr Studio City CA
91604
Amy Bankoff City Of Goleta Short Term
Rental
37 Colusa Dr. Goleta, CA
93127
Hope Hacienda County Of Santa
Barbara
Short Term
Rental
370 N La
Cumbre
Santa Barbara
CA 93110
Beachin Santa Barbara,
LLC
County Of Santa
Barbara
Short Term
Rental
3719 Santa
Claus Ln, Ste C
Carpinteria CA
93013
The Summerland Nest County Of Santa
Barbara
Short Term
Rental
3785 Santa
Claus Lane
Carpinteria CA
93013
Courtyard Santa
Barbara Goleta
City Of Goleta Upscale Class 401 Stork Rd Goleta, CA
93118
Jeff & Leann Crosby City Of Santa
Barbara
Short Term
Rental
4055 Lake
Washington Blvd
Ne Ste 200
Kirkland, WA
98033-7871
Pool, Harry County Of Santa
Barbara
Short Term
Rental
4138 Vista Clara
Rd
Santa Barbara
CA 93110
Pierce, Monique County Of Santa
Barbara
Short Term
Rental
4156 Vista Clara
Rd
Santa Barbara
CA 93110
The 3 Dux City Of Santa
Barbara
Short Term
Rental
417 Alta Loma
Ln
Santa Cruz, CA
95062-3917
Pacific Crest Santa
Barbara
City Of Santa
Barbara
Upper Midscale
Class
433 Corona Del
Mar
Santa Barbara,
CA 93103-3601
Carlos Noa City Of Goleta Short Term
Rental
433 Ellwood
Beach
Goleta, CA
93128
Yarolsav Prykhitko City Of Goleta Short Term
Rental
435 Rex Place Goleta, CA
93129
Hotel Milo City Of Santa
Barbara
Luxury Class 44 Hersha Dr Harrisburg, PA
17102-2241
Carter Casa City Of Santa
Barbara
Short Term
Rental
4449 Hill Ct Santa Maria, CA
93455-6669
Inn At East Beach City Of Santa
Barbara
Upscale Class 4562 El Captain
Pl
Camarillo, CA
93012-0000
ATTACHMENT 1
SBSCTBID MDP Page 37
March 3, 2022
Country Getaway County Of Santa
Barbara
Short Term
Rental
4610 Vista
Buena Rd
Santa Barbara
CA 93110
Sollenne, Gregory &
Denise
County Of Santa
Barbara
Short Term
Rental
4643 Puente
Plaza
Santa Barbara
CA 93110
Ramada Santa Barbara County Of Santa
Barbara
Midscale Class 4770 Calle Real Santa Barbara,
CA 93110
Kalia Rork City Of Goleta Short Term
Rental
479 N. Kellogg
Ave
Goleta, CA
93130
Natures Retreat County Of Santa
Barbara
Short Term
Rental
4862 Vieja Dr Santa Barbara
CA 93110
Montecito Beach House County Of Santa
Barbara
Short Term
Rental
49 Humphrey Rd Santa Barbara
CA 93108
The Lillie House County Of Santa
Barbara
Short Term
Rental
52 Calle
Capistrano
Santa Barbara
CA 93105
Naumu, Levi & Natalie County Of Santa
Barbara
Short Term
Rental
5215 San
Vicente Dr
Santa Barbara
CA 93111
Drift Hotel City Of Santa
Barbara
Tbd Once
Operating
524 State St Santa Barbara,
CA 93101-1602
Uhler, Carey County Of Santa
Barbara
Short Term
Rental
5245 James
Road
Santa Barbara
CA 93111
Hotel Santa Barbara City Of Santa
Barbara
Upper Midscale
Class
525 3rd St Beloit, WI
53511-6221
Private Patio-Master
Bedroom Suite
County Of Santa
Barbara
Short Term
Rental
5250 Califia
Court
Santa Barbara
CA 93111
Gilkeson, Annette County Of Santa
Barbara
Short Term
Rental
5292 Austin
Road
Santa Barbara
CA 93111
Nimmer Beach House County Of Santa
Barbara
Short Term
Rental
5296 El Carro
Lane
Carpinteria CA
93013
Pacifica Suites City Of Goleta Upper Upscale
Class
5490 Hollister
Ave
Goleta, CA
93131
Turnkey Vacation
Rentals
County Of Santa
Barbara
Short Term
Rental
5508 Us Hwy
290 West, Ste
300
Austin TX 78735
White, Kristine
Mainland
County Of Santa
Barbara
Short Term
Rental
555 El Sueno
Road
Santa Barbara
CA 93110
Cul-De-Sac Family
Retreat
County Of Santa
Barbara
Short Term
Rental
557 Dentro
Drive
Santa Barbara
CA 93111
Best Western Plus South
Coast Inn
City Of Goleta Upper Midscale
Class
5620 Calle Real Goleta, CA
93132
Lizbeth Savage City Of Goleta Short Term
Rental
5628 Berkeley Goleta, CA
93133
Rbh Prooperty County Of Santa
Barbara
Short Term
Rental
563 Stoney Peak
Ct
Simi Valley CA
93065
ATTACHMENT 1
SBSCTBID MDP Page 38
March 3, 2022
Hampton By Hilton Inn
Santa Barbara/Goleta
City Of Goleta Upper Midscale
Class
5665 Hollister
Ave
Goleta, CA
93121
Trysten Mertens City Of Goleta Short Term
Rental
5670 Cielo Ave. Goleta, CA
93134
Blackrock Beach House County Of Santa
Barbara
Short Term
Rental
5736
Thornwood Dr
Goleta CA 93117
Laxman Perera City Of Goleta Short Term
Rental
5762 Aguila Ave Goleta, CA
93135
Motel 6 Santa Barbara -
Goleta
City Of Goleta Economy Class 5897 Calle Real Goleta, CA 93122
Butterfly Beach House County Of Santa
Barbara
Short Term
Rental
60 Butterfly
Lane
Santa Barbara
CA 93108
West Beach Inn A Coast
Hotel
City Of Santa
Barbara
Upscale Class 600 Stewart St
Ste 1920
Seattle, WA
98101-1238
Mark Lewis City Of Goleta Short Term
Rental
6004 Berkeley Goleta, CA
93136
Kirk Evans City Of Goleta Short Term
Rental
6007 Paseo
Palmilla
Goleta, CA
93137
Super 8 Santa
Barbara/Goleta
City Of Goleta Economy Class 6021 Hollister
Ave
Goleta, CA
93123
Palihouse Santa Barbara
(Formerly Spanish
Garden Inn)
City Of Santa
Barbara
Luxury Class 615 Hampton Dr
Unit A101
Venice, CA
90291-2791
Pali House Santa
Barbara
City Of Santa
Barbara
Luxury Class 615 Hampton Dr
Unit A101
Venice, CA
90291-2791
Sarah Douglas City Of Goleta Short Term
Rental
6241 Stow Cyn
Rd
Goleta, CA
93138
Private Garden Retreat County Of Santa
Barbara
Short Term
Rental
626 Tabor Lane Santa Barbara
CA 93108
Hilton Santa Barbara
Beachfront Resort
City Of Santa
Barbara
Upper Upscale
Class
633 E Cabrillo
Blvd
Santa Barbara,
CA 93103-3611
Residence Inn Santa
Barbara Goleta
City Of Goleta Upscale Class 6350 Hollister
Ave
Goleta, CA
93120
John Dematteo City Of Goleta Short Term
Rental
6526 Calle Koral Goleta, CA
93139
Hima Sharma City Of Goleta Short Term
Rental
6536 Camino
Venturoso
Goleta, CA
93140
Kevin Ahlers City Of Goleta Short Term
Rental
655 Windsor
Ave
Goleta, CA
93141
Avania Inn City Of Santa
Barbara
Economy Class 656 N Mount
Juliet Rd
Mount Juliet, TN
37122-3323
Tropicana Gardens City Of Goleta N/A 6585 El Colegio Goleta CA 93117 Villas At Tropicana City Of Goleta N/A 6585 El Colegio
Rd
Goleta CA 93117
ATTACHMENT 1
SBSCTBID MDP Page 39
March 3, 2022
Tropicana Del Norte City Of Goleta N/A 6585 El Colegio
Rd
Goleta CA 93117
Jacob & Deborah
Atkinson
City Of Goleta Short Term
Rental
6588 Calle Koral Goleta, CA
93142
Rosewood Miramar
Beach
County Of Santa
Barbara
Luxury Class 66 Eucalyptus
Lane
Montecito CA
93108
Joel Bozekowski City Of Goleta Short Term
Rental
6607 Calle Koral Goleta, CA
93143
Mojdeh Sensamici City Of Goleta Short Term
Rental
6651 Calle Koral Goleta, CA
93144
Hilton Garden Inn Santa
Barbara Goleta
City Of Goleta Upscale Class 6878 Hollister
Ave
Goleta, CA
93119
Thost, Erika County Of Santa
Barbara
Short Term
Rental
6895 Sabado
Tarde Rd
Goleta CA 93117
Gabriela Ferreria City Of Goleta Short Term
Rental
71 Cardinal Ave Goleta, CA
93145
Snellen-Jackson, Judith County Of Santa
Barbara
Short Term
Rental
7105
Gobernador Cyn
Rd
Carpentaria CA
93013
Beatriz Leon City Of Goleta Short Term
Rental
7120 Alameda Goleta, CA
93146
Verano Del Mar County Of Santa
Barbara
Short Term
Rental
720 East
Mountain Dr
Santa Barbara
CA 93108
Santa Claus Lane County Of Santa
Barbara
Short Term
Rental
720 East
Mountain Dr
Santa Barbara
CA 93108
Moriarty, Kerry County Of Santa
Barbara
Short Term
Rental
74 Olive Mill Rd Santa Barbara
CA 93108
Designer Perfect County Of Santa
Barbara
Short Term
Rental
751 N Fairfax
Ave #4
Los Angeles CA
90046
Stever, Virginia County Of Santa
Barbara
Short Term
Rental
760 S Orange
Grove Blvd
Pasadena CA
91105
Leslie Stephens City Of Goleta Short Term
Rental
77 Alpine Dr. Goleta, CA
93147
El Zapato City Of Santa
Barbara
Short Term
Rental
77 Spruce Cove
Rd
Harpswell, ME
04079-4335
Belmond Hotels El
Encanto
City Of Santa
Barbara
Luxury Class 800 Alvarado Pl Santa Barbara,
CA 93103-2176
Hiller-Adams, C Page County Of Santa
Barbara
Short Term
Rental
811 Poinsettia
Way
Santa Barbara
CA 93111
Bourbon, Rita &
Montino
County Of Santa
Barbara
Short Term
Rental
825 Rockbridge
Road
Santa Barbara
CA 93108
Ritz-Carlton Bacara
Santa Barbara
City Of Goleta Luxury Class 8301 Hollister
Ave
Goleta, CA
93117
ATTACHMENT 1
SBSCTBID MDP Page 40
March 3, 2022
Jeffus, Monica County Of Santa
Barbara
Short Term
Rental
854 Cheltenham
Rd
Santa Barbara
CA 93105
Donahue, Joseph County Of Santa
Barbara
Short Term
Rental
89 Lassen Drive Santa Barbara
CA 93111
Chan, Christine County Of Santa
Barbara
Short Term
Rental
897 San Antonio
Creek Rd
Santa Barbara
CA 93111
Montecito Secluded
Serene Retreat
County Of Santa
Barbara
Short Term
Rental
900 Chelham
Way
Santa Barbara
CA 93108
San Ysidro Ranch County Of Santa
Barbara
Luxury Class 900 San Ysidro
Lane
Montecito CA
93108
Santa Barbara Inn City Of Santa
Barbara
Luxury Class 901 E Cabrillo
Blvd
Santa Barbara,
CA 93103-3642
205 Natoma LLC City Of Santa
Barbara
Short Term
Rental
9206 W Lake
Highlands Dr
Dallas, TX
75218-2725
Vacation Rentals Of
Santa Barbara
County Of Santa
Barbara
Short Term
Rental
924 Laguna #B Santa Barbara
CA 93101
Friedman Vacation
Rental
City Of Santa
Barbara
Short Term
Rental
924 Laguna St #
B
Santa Barbara,
CA 93101-1405
El Jardin City Of Santa
Barbara
Short Term
Rental
924 Laguna St
Ste B
Santa Barbara,
CA 93101-1405
Cabrillo At The Beach City Of Santa
Barbara
Economy Class 931 E Cabrillo
Blvd
Santa Barbara,
CA 93103-3642
Walk To The More Mesa
Beach
County Of Santa
Barbara
Short Term
Rental
935 Via Nieto Santa Barbara
CA 93110
Montesano, Arlene County Of Santa
Barbara
Short Term
Rental
937 Cima Linda
Lane
Santa Barbara
CA 93108
Vasek, Jeff County Of Santa
Barbara
Short Term
Rental
948 Debra Dr Santa Barbara
CA 93110
Westmont College County Of Santa
Barbara
N/A 955 La Paz Rd Santa Barbara
CA 93108
Yanover House County Of Santa
Barbara
Short Term
Rental
9563 Lime
Orchard Rd
Beverly Hills CA
91210
Raging Tide Exchange,
LLC
County Of Santa
Barbara
Short Term
Rental
9595 Wilshire
Blvd Ste 700
Beverly Hills CA
90212
Durelle, Shawn & Dena County Of Santa
Barbara
Short Term
Rental
9626 W Electra
Lane
Peoria AZ 85383
Mariposa City Of Santa
Barbara
Short Term
Rental
980 Debra Dr Santa Barbara,
CA 93110-1261
Gaurav Sharma City Of Goleta Short Term
Rental
985 Mangrove
Ave Apt. A
Sunnyvale, CA
94086
Noel Hughes City Of Goleta Short Term
Rental
99 Manchester
Place
Goleta, CA
93117
Sunny's Santa Barbara City Of Santa
Barbara
Short Term
Rental
999 W Main St
Ste 300
Boise, ID 83702-
9012
ATTACHMENT 1
SBSCTBID MDP Page 41
March 3, 2022
Vacasa County Of Santa
Barbara
Short Term
Rental
PO Box 10130 Portland OR
97296
Gault, Tim Sr County Of Santa
Barbara
Short Term
Rental
PO Box 1019 Summerland CA
93067
La Playa Inn City Of Santa
Barbara
Upscale Class PO Box 1092 Santa Barbara,
CA 93102-1092
Skyview Beach Cottage County Of Santa
Barbara
Short Term
Rental
PO Box 1181 Summerland CA
93067
Herschorn Family Trust County Of Santa
Barbara
Short Term
Rental
PO Box 1198 Summerland CA
93067
Poppy's Cottage County Of Santa
Barbara
Short Term
Rental
PO Box 1312 Summerland CA
93067
Adama County Of Santa
Barbara
Short Term
Rental
PO Box 1346 Summerland CA
93067
Parker, Gail County Of Santa
Barbara
Short Term
Rental
PO Box 1384 Summerland CA
93067
Christine Sieburg City Of Santa
Barbara
Short Term
Rental
PO Box 1388 Boise, ID 83701-
1388
Garde House County Of Santa
Barbara
Short Term
Rental
PO Box 1392 Summerland CA
93067
Lomonaco, Crescent County Of Santa
Barbara
Short Term
Rental
PO Box 1428 Summerland CA
93067
Paradise Cottage County Of Santa
Barbara
Short Term
Rental
PO Box 1608 Summerland CA
93067
Cottages At Polo Run County Of Santa
Barbara
Short Term
Rental
PO Box 20357 Santa Barbara
CA 93120
Summerland Studio 2 County Of Santa
Barbara
Short Term
Rental
PO Box 205 Summerland CA
93067
Peppers County Of Santa
Barbara
Short Term
Rental
PO Box 23101 Santa Barbara
CA 93121
La Petite Maison
Blanche
City Of Santa
Barbara
Short Term
Rental
PO Box 23634 Santa Barbara,
CA 93121-3634
2225 Lillie County Of Santa
Barbara
Short Term
Rental
PO Box 237 Summerland CA
93067
Summerland Studio County Of Santa
Barbara
Short Term
Rental
PO Box 294 Summerland CA
93067
Tunberg, Thomas County Of Santa
Barbara
Short Term
Rental
PO Box 3089 Greenwood CO
80155
Best Of 52, LLC County Of Santa
Barbara
Short Term
Rental
PO Box 3089 Greenwood
Village CO 80155
Curry, Jessica Hoyt County Of Santa
Barbara
Short Term
Rental
PO Box 3089 Greenwood
Village CO 80155
Stalcup, Alan County Of Santa
Barbara
Short Term
Rental
PO Box 3089 Greenwood
Village CO 80155
ATTACHMENT 1
SBSCTBID MDP Page 42
March 3, 2022
Shapiro, Michael County Of Santa
Barbara
Short Term
Rental
PO Box 3089 Greenwood
Village CO 80155
Summerland Beach
House
County Of Santa
Barbara
Short Term
Rental
PO Box 381 Summerland CA
93067
Phillips, Jacqueline County Of Santa
Barbara
Short Term
Rental
PO Box 40238 Santa Barbara
CA 93140
Craig, Patricia County Of Santa
Barbara
Short Term
Rental
PO Box 413 Summerland CA
93067
Millworks City Of Santa
Barbara
Short Term
Rental
PO Box 41459 Santa Barbara,
CA 93140-1459
The Beach House Inn City Of Santa
Barbara
Upscale Class PO Box 427 Summerland, CA
93067-0427
Villa Elegante City Of Santa
Barbara
Short Term
Rental
PO Box 4836 Santa Barbara,
CA 93140-4836
Extended Stay America
Santa Barbara - Calle
Real
County Of Santa
Barbara
Economy Class PO Box 49550 Charlotte, NC
28277
Cabana Las Floras County Of Santa
Barbara
Short Term
Rental
PO Box 50132 Santa Barbara
CA 93150
Wilkinson, Chris County Of Santa
Barbara
Short Term
Rental
PO Box 50516 Santa Barbara
CA 93150
Petite Retreat County Of Santa
Barbara
Short Term
Rental
PO Box 50715 Santa Barbara
CA 93150
Toro Canyon County Of Santa
Barbara
Short Term
Rental
PO Box 539 Summerland CA
93067
Mainstay Luxury Estates County Of Santa
Barbara
Short Term
Rental
PO Box 544 Santa Ynez CA
93460
201 Bath LLC (12 Units) City Of Santa
Barbara
Short Term
Rental
PO Box 5457 Santa Barbara,
CA 93150-5457
2942 Torito Road County Of Santa
Barbara
Short Term
Rental
PO Box 5464 Santa Barbara
CA 93150
Babcock Vintner's
House
County Of Santa
Barbara
Short Term
Rental
PO Box 637 Lompoc CA
93438
Casa Tropical
Summerland
County Of Santa
Barbara
Short Term
Rental
PO Box 644 Summerland CA
93067
2280 Varley Street County Of Santa
Barbara
Short Term
Rental
PO Box 646 Summerland CA
93067
Mediterranean Guest
Quarters
County Of Santa
Barbara
Short Term
Rental
PO Box 663 Summerland CA
93067
Miller, Jody & Ben County Of Santa
Barbara
Short Term
Rental
PO Box 695 Carpinteria CA
93014
2305 Golden Gate County Of Santa
Barbara
Short Term
Rental
PO Box 733 Summerland CA
93067
ATTACHMENT 1
SBSCTBID MDP Page 43
March 3, 2022
Motel 6 Santa Barbara -
Beach
City Of Santa
Barbara
Economy Class PO Box 8000 Monsey, NY
10952-8505
Motel 6 Santa Barbara -
State Street
City Of Santa
Barbara
Economy Class PO Box 8000 Monsey, NY
10952-8505
Summer House County Of Santa
Barbara
Short Term
Rental
PO Box 811 Summerland CA
93067
Summerland Inn County Of Santa
Barbara
Upper Upscale
Class
PO Box 845 Summerland CA
93067
Summerland Double
Dolphin
County Of Santa
Barbara
Short Term
Rental
PO Box 933 Summerland CA
93067
ATTACHMENT 1
1 RESOLUTION NO. _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA

BARBARA DECLARING RESULTS OF MAJORITY PROTEST

PROCEEDINGS AND RENEWING THE SANTA BARBARA SOUTH

COAST TOURISM BUSINESS IMPROVEMENT DISTRICT
(SBSCTBID)
WHEREAS, the Property and Business Improvement District Law of 1994 (Streets and Highways Code §§ 36600 et. seq.) authorizes the City of Santa Barbara to renew business improvement districts upon petition by a weighted majority of the business owners located within the boundaries of the district; and WHEREAS, lodging business owners who will pay more than fifty percent (50%) of the proposed assessment, as weighted according to the amount of the assessment to be paid by the petitioner, within the boundaries of the SBSCTBID have petitioned the City Council to renew the SBSCTBID; and
WHEREAS, the renewed SBSCTBID includes lodging businesses in the cities of Santa Barbara and Goleta and portions of the unincorporated southern areas of the County of Santa Barbara; and
WHEREAS, consent to include lodging businesses in their respective jurisdictions has been received from the City of Goleta and County of Santa Barbara; and WHEREAS, included with the petitions was a Management District Plan (Plan) summary that describes the proposed assessment to be levied on lodging businesses within the SBSCTBID to pay for advertising and public relations, sales, local destination marketing, and related administration and policy development programs, and other improvements and activities set forth in the Plan; and
WHEREAS, the assessed lodging businesses within the SBSCTBID will receive a specific benefit from the activities and improvements set forth in the Plan; and WHEREAS, on March 29, 2022 at 2:00pm at 735 Anacapa Street, Santa Barbara, CA 93101, the City Council adopted a Resolution of Intention, Resolution No. 22-021 and WHEREAS, the public meeting and public hearing to consider the renewal of the SBSCTBID have been properly noticed in accordance with Streets and Highways Code §36623; and
WHEREAS, on April 26, 2022 at 2:00pm at 735 Anacapa Street, Santa Barbara, CA 93101, the City Council held a public meeting regarding the renewal of the SBSCTBID, and the City Council heard and received objections and protests, if any, to the renewal of the SBSCTBID and the levy of the proposed assessment; and 2 WHEREAS, on May 17, 2022 at 2:00pm at 735 Anacapa Street, Santa Barbara, CA 93101, the City Council held a public hearing regarding the renewal of the SBSCTBID, and the City Council heard and received all objections and protests, if any, to the renewal of the SBSCTBID and the levy of the proposed assessment; and WHEREAS, the City Clerk has determined that there was no majority protest. A majority protest is defined as written protests received from owners of businesses in the renewed SBSCTBID which would pay fifty percent (50%) or more of the assessments proposed to be levied. Protests are weighted based on the assessment proposed to be levied on each lodging business; and
WHEREAS, the City of Santa Barbara bears the burden of proving by a preponderance of the evidence that an assessment imposed for a specific benefit or specific government service is not a tax, that the amount is no more than necessary to cover the costs to the City of Santa Barbara in providing the specific benefit or specific government service, and that the manner in which those costs are allocated to a payor bear a fair or reasonable relationship to the specific benefits or specific government services received by the payor.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA BARBARA THAT:

1. The recitals set forth herein are adopted by the City Council as findings and they are true and correct.

2. The SBSCTBID is hereby renewed for a ten (10) year term, beginning July 1, 2022 or as soon as possible thereafter, and end ten (10) years from its start date.

3. The Plan dated March 3, 2022 is hereby adopted and approved.

4. The activities to be provided to benefit businesses in the SBSCTBID will be funded by the levy of the assessment. The revenue from the assessment levy shall not be used: to provide activities that directly benefit businesses outside the SBSCTBID; to provide activities or improvements outside the SBSCTBID; or for any purpose other than the purposes specified in this Resolution, the Resolution of Intention, and the Plan.

Notwithstanding the foregoing, improvements and activities that must be provided outside the SBSCTBID boundaries to create a specific benefit to the assessed businesses may be provided but shall be limited to marketing or signage pointing to the SBSCTBID.

5. The City Council finds as follows:
a) The activities funded by the assessment will provide a specific benefit to assessed businesses within the SBSCTBID that is not provided to those not paying the assessment.
b) The assessment is a charge imposed for a specific benefit conferred or 3 privilege granted directly to the payor that is not provided to those not charged, and which does not exceed the reasonable costs to the local government of conferring the benefit or granting the privilege.
c) The assessment is a charge imposed for a specific government service or product provided directly to the payor that is not provided to those not charged, and which does not exceed the reasonable costs to the local government of providing the service or product.
d) Assessments imposed pursuant to the SBSCTBID are levied solely upon the assessed business, and the business owner is solely responsible for payment of the assessment when due. If the owner chooses to collect any portion of the assessment from a transient, that portion shall be specifically called out and identified for the transient in any and all communications from the business owner as the “SBSCTBID Assessment” or “Tourism Assessment” as specified in the Plan.

6. The assessments levied for the SBSCTBID shall be applied towards destination marketing, sales, and destination improvement programs, and related administration and policy development programs to market Santa Barbara lodging businesses as tourist, meeting and event destinations, and other improvements and activities as set forth in the Plan.

7. Assessments levied on lodging businesses pursuant to this resolution shall be levied on the basis of benefit. Because the services provided are intended to increase room rentals, an assessment based on room rentals is the best measure of benefit.

8. The assessments for the entire SBSCTBID will total approximately $8,239,702 in the first twelve (12) months.

9. Bonds will not be issued to fund the SBSCTBID.

10. The SBSCTBID shall include all lodging businesses located within the boundaries of the cities of Santa Barbara and Goleta, and unincorporated southern areas of Santa Barbara County. A boundary map is attached hereto and incorporated herein by reference.

11. The assessments shall be used for the purposes set forth above and any funds remaining at the end of any year may be used in subsequent years in which the SBSCTBID assessment is levied as long as they are used consistent with the requirements set forth herein.

12. The assessments to fund the activities and improvements for the SBSCTBID will be collected by the cities of Santa Barbara and Goleta and the County of Santa Barbara on a monthly basis, and in accordance with Streets and Highways Code §36631.
4 13. The City Council, through adoption of this Resolution and the Plan, has the right pursuant to Streets and Highways Code section 36651, to identify the body that shall implement the proposed program, which shall be the Owners’ Association of the SBSCTBID as defined in Streets and Highways Code §36612. The City Council has determined that Visit Santa Barbara shall be the SBSCTBID Owners’ Association.

14. Visit Santa Barbara, pursuant to Streets and Highways Code §36650, shall cause to be prepared a report for each fiscal year, except the first year, for which assessments are to be levied and collected to pay the costs of the improvement and activities described in the report. The first report shall be due after the first year of operation of the SBSCTBID.

15. The SBSCTBID established pursuant to this resolution will be subject to any amendments to the Property and Business Improvement District Law of 1994 (California Streets and Highways Code §§ 36600 et. seq.).

16. The City Clerk, or his or her designee, is directed to take all necessary actions to complete the establishment of the SBSCTBID and to levy the assessments.

17. This Resolution shall take effect immediately upon its adoption by the City Council.

CITY OF SANTA BARBARA

COUNCIL AGENDA REPORT
AGENDA DATE: May 17, 2022
TO: Mayor and Councilmembers
FROM: Engineering Division, Public Works Department
SUBJECT: Adoption of Resolutions Of Necessity To Acquire By Eminent Domain Real Property Necessary For The De La Vina Street Bridge Replacement Project
RECOMMENDATION: That Council:

A. Adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Pursuant to Code of Civil Procedure Sections 1245.210 – 1245.270 Declaring The Public Interest and Necessity To Acquire By Eminent Domain Real Property Interests For The De La Vina Street Bridge Replacement Project [2733 and 2735 De La Vina Street (APN 051-213-020) – Fee Interest]; and B. Adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Pursuant to Code of Civil Procedure Sections 1245.210 – 1245.270 Declaring The Public Interest and Necessity To Acquire By Eminent Domain Real Property Interest For The De La Vina Street Bridge Replacement Project [2726 and 2728 De La Vina Street (APN 051-220-015) – Fee Interest].

EXECUTIVE SUMMARY:

Staff has been working on the De La Vina Street Bridge Replacement Project (Project) since 2016. The De La Vina Street Bridge (Bridge) over Mission Creek (Creek) is structurally deficient and does not provide the required hydraulic capacity for today’s design storms. The public interest and necessity require complete replacement of the Bridge, along with Creek improvements and construction-related habitat mitigation and other improvements. The Bridge design is 95 percent complete with construction anticipated in the spring of 2023. City staff and their consultant are negotiating right-ofway acquisitions with affected property owners adjacent to the Bridge in order to facilitate construction of the new bridge. It is necessary to acquire fee titles to two parcels on either side of De La Vina Street in order to construct the Project. The parcel at 2733 and 2735 De La Vina Street contain buildings that were constructed on the Bridge. The primary building at 2726 and 2728 De La Vina Street has a corner of its foundation located within inches of the Bridge abutment. This parcel is also necessary for Creek improvements and habitat mitigation. These two parcels are collectively referred to as the “Subject Properties” in this Council Agenda Report. As required by law, City Staff and their property acquisition consultant have been in negotiations with the owners to acquire these two Agenda Item No. 13
File Code No. 530.04
Council Agenda Report
Notice of Intent To Adopt A Resolution Of Necessity To Acquire Real Property For The De La Vina Street Bridge Replacement Project
May 17, 2022

Page 2 ends

parcels, but negotiations have stalled. Due to the compressed project timeline and lack of progress with the property owners, City staff request that Council adopt a Resolution of Necessity, as required by the California Eminent Domain Law, which is necessary to allow the City to certify the right-of-way for the Project.

DISCUSSION:

Background
On March 11, 2016, the City received authorization through Caltrans from the Federal Highway Administration (FHWA) to initiate the engineering design phase for the Project.

The FHWA provides funding for the replacement and rehabilitation of bridges located off the state and interstate highway system through the Highway Bridge Program (HBP).

Caltrans inspects all bridges across the state in accordance with National Bridge Inspection Standards. The Caltrans inspection report designated the Bridge as “structurally deficient” because the deck and superstructure are in poor condition. The structural evaluation indicates the Bridge is not suitable for rehabilitation and requires replacement.

The Project is located in the City on upper De La Vina Street between Alamar Avenue and Vernon Road (see Attachment 1). According to Caltrans’ records, the Bridge was initially built in 1916 and widened in 1926. The Project includes the removal and replacement of the structurally deficient 100-year-old Bridge with a new bridge that meets current seismic, safety, and design standards. The Project also includes realigning roadway approaches, abating hazardous building materials, relocating utilities including domestic water and sanitary sewer facilities, constructing channel walls, planting landscape materials, Creek and habitat restoration, and adding storm water treatment facilities. Although not part of the Lower Mission Creek Flood Control Project, the Bridge and the Project are being designed to be consistent with the planned flow characteristics of that project and to accommodate future channel widening upstream and downstream.

Accordingly, public interest and necessity require the Project.

Property and Right of Way Needs
Construction of the Project requires acquisition of multiple real property interests, including three temporary construction easements, two minor partial acquisitions, one permanent access easement, and two full property acquisitions. The Project’s design is 95 percent complete. The final design realigns the new abutment walls to be parallel with the Creek, widens the Creek to address hydraulic insufficiencies of the current design, restores the upstream Creek bank, and realigns the sidewalks to reduce crossing distances across De La Vina Street and Vernon Road. Care was taken to minimize public and private impact while addressing the deficiencies of the existing Bridge. Project construction is scheduled to begin in the spring of 2023. The property interests necessary for the Project, including the Subject Parcels, are shown on Attachment 2.

Council Agenda Report
Notice of Intent To Adopt A Resolution Of Necessity To Acquire Real Property For The De La Vina Street Bridge Replacement Project
May 17, 2022

Page 3 ends

The Project cannot be constructed without acquiring fee titles to the Subject Properties as described in the Executive Summary. The parcel at 2733 and 2735 De La Vina Street is improved with commercial structures that are either partially or completely built on the existing Bridge. The main commercial building at 2726 and 2728 De La Vina Street has a corner foundation that sits within inches of the abutment on the northeast edge of the existing Bridge. These structures must be removed in order to demolish the existing Bridge. Other structures on the same parcel at 2726 and 2728 De La Vina Street are located near or at the top of the Creek bank or in areas required for habitat mitigation or storm water improvements. All of the structures need to be removed for construction, installation, and maintenance of the Bridge and related Creek and other public improvements. Accordingly, the City needs to acquire the Subject Properties in fee.

In addition to the Subject Properties, other real property interests described in the following table are needed for the Project. The owners of those real property interests are cooperatively negotiating with the City. Therefore, those property interests are not the subject of this Resolution and report.

Property Acquisition Process
The Subject Properties must be acquired by the City in accordance with applicable federal and state laws and guidelines for Project costs to be reimbursed through the HBP. In addition, California requires compliance with Government Code Sections 7260 et seq. and good faith negotiations.

The City retained Hamner Jewell and Associates (HJA) to assist the City with the proposed acquisition of the real property interests needed for the Project, including assistance with good faith negotiations and with relocation assistance obligations in Address Owner Project Need
2830 De La Vina
Street Barbara Properties LLC Temporary Construction Easement 2830 De La Vina
Street Barbara Properties LLC Permanent Easement Acquisition (wing wall) 2830 De La Vina
Street Barbara Properties LLC Permanent Access Easement (wing wall) 2829 Vernon Road 2801 DLV Investors, LP
Permanent Easement
Acquisition (existing
sidewalk)
2829 Vernon Road 2801 DLV Investors, LP Temporary Construction Easement
2717 De La Vina
Street 2717 De La Vina LLC Temporary Construction Easement Council Agenda Report
Notice of Intent To Adopt A Resolution Of Necessity To Acquire Real Property For The De La Vina Street Bridge Replacement Project
May 17, 2022

Page 4 ends

connection with the Project. In accordance with applicable law, HJA obtained, on behalf of the City, independent fair market value appraisals of the Subject Properties. The City reviewed the appraisals, set just compensation, and authorized HJA to extend written offers on behalf of the City pursuant to Government Code Section 7267.2 to the owners of record of the Subject Properties on the dates shown below.

HJA has attempted to negotiate in good faith with the record owners of the Subject Properties, but as of April 29, 2022, the parties have not reached a negotiated agreement.

The status of the proposed acquisitions of the Subject Properties is summarized below.

The property owners of the Subject Properties are represented by the same attorney who specializes in eminent domain. There have been delays in the property owners’ response to the City’s offers, and limited coordination with HJA. The owners initially informed HJA in December 2021 that they planned to obtain independent appraisals. The owner’s attorney recently informed HJA on April 8, 2022 that he retained an appraiser to prepare independent appraisals of the Subject Properties and expected the appraisal for one parcel to be delivered within two weeks of April 8, 2022 and the second within two weeks after the delivery of the first appraisal. The City has not received the appraisals as of April 29, 2022.

Based on the timing of the Project and the fact that the City and owners of the Subject Properties have not reached an agreement for the City’s acquisition of the Subject Properties as of April 29, 2022, City staff recommends that Council adopt the Resolutions of Necessity and authorize the commencement of eminent domain proceedings for the acquisition of the Subject Properties. The Project has a compacted timeline to complete the right-of-way phase. The City must obtain its Right-of-Way Certification by September 15, 2022, in order to request reimbursement for the Project costs through the HBP for commencement of construction in the spring of 2023. If the City does not meet this milestone, the City’s ability to obtain the necessary reimbursement to construct the Project may be jeopardized. This will result in delays of a minimum of one year, and potentially longer to secure the necessary funds and to replace the Bridge, which has been deemed structurally deficient and in poor condition. Public interest and necessity require that the City proceed with the Project as soon as possible to protect the public and enhance safety and circulation in this area of the City.

Adoption of the Resolutions of Necessity at this time does not preclude the City and the property owners from continuing good faith negotiations to acquire the Subject Properties Address Owner City Offer Current Status
2733 & 2735
De La Vina
Street
2735 De La Vina, LLC $1,400,000
(Nov. 2, 2021)
City waiting for owner’s
independent appraisal
2726 & 2728
De La Vina
Street
Cynthia Howard
Trustee, et al
$1,476,000
(Nov. 4, 2021)
City waiting for owner’s
independent appraisal.

Council Agenda Report
Notice of Intent To Adopt A Resolution Of Necessity To Acquire Real Property For The De La Vina Street Bridge Replacement Project
May 17, 2022

Page 5 ends

by negotiated purchase. HJA will continue communicating with the Property owners’ representatives on behalf of the City and will review the independent appraisals prepared on behalf of the owners if they are provided to the City. Adoption of the Resolutions of Necessity at this time will allow the City to proceed with eminent domain proceedings and obtain prejudgment possession in time to meet the Right-of-Way Certification deadline.

HJA is also assisting with tenant relocations in accordance with State law and the City’s Local Rules Governing Nonresidential Relocation Assistance. The following table summarizes the tenant relocation status.

Hearing on the Resolution of Necessity
In compliance with California Code of Civil Procedure, section 1245. 235 et seq., the City sent written notice of this hearing to the owners of the Subject Properties. The notices are included as Attachment 3. The notices were postmarked on April 27, 2022. The statutory purpose of the notice is to inform the owners of Council’s intent to hear all evidence in consideration of the possible adoption of the Resolutions of Necessity and to advise them that if they wish to object to the adoption of the Resolutions of Necessity, they must do so in writing within 15 days from the date of notice of the Council hearing. The City seeks to acquire the Subject Properties for public use, namely for public street and bridge purposes, and all uses necessary or convenient thereto, including, but not limited to, the removal and replacement of the structurally deficient 100-year-old Bridge with a new bridge that meets current seismic, safety, and design standards, realignment of roadway approaches, abatement of hazardous building materials, relocation of utilities including domestic water and sanitary sewer facilities, construction of channel walls, planting of landscape materials, Creek and habitat restoration, and an addition of storm water Address Tenant Current Status
2726 De La
Vina Street Yellowbird Music A replacement site has been found and the City is negotiating a lease with the owner 2726 De La
Vina Street
JackBilt Inc. (storage
shed)
The tenant is searching for a replacement
site
2726 De La
Vina Street
Kaleidoscope Flowers
(storage shed)
The tenant is searching for a replacement
site
2728 De La
Vina Street Mishay Salon HJA is assisting the tenant to find a replacement site 2735 De La
Vina Street De La Vina Liquor
No direct contact has been made due to
representation by attorney Glenn Block.

HJA is assisting the tenant to find a
replacement site
2733 De La
Vina Street Marty’s Pizza The tenant has elected to use an “in lieu” benefits package to go out of business Council Agenda Report
Notice of Intent To Adopt A Resolution Of Necessity To Acquire Real Property For The De La Vina Street Bridge Replacement Project
May 17, 2022

Page 6 ends

treatment facilities in connection with the Project, pursuant to the authority conferred upon the City to acquire property by eminent domain by California Constitution Article 1, Section 19, California Government Code Sections 37350, 37350.5, 37351, 40401 and 40404 and California Code of Civil Procedure Section 1230.010 et seq. (Eminent Domain Law), including but not limited to Sections 1240.010, 1240.020, 1240.110, 1240.120, 1240.510, 1240.610, 1240.650, and by other provisions of law.

To adopt each of the proposed Resolutions of Necessity for the acquisition by eminent domain of the Subject Properties, the City Council must find and determine with respect to each Resolution of Necessity that:

A. That public interest and necessity require the proposed Project.

B That the proposed Project is planned or located in the manner that will be the most compatible with the greatest public good and the least private injury.

C. That the property described in the resolution is necessary for the proposed Project.

D. That either the offer required by Section 7267.2 of the California Government Code has been made to the owner or owners of record, or the offer has not been made because the owner cannot be located with reasonable diligence.

The amount of just compensation is not an issue before the City Council at this hearing.

The hearing relates to issues A, B, C, and D, above. The amount of just compensation would be determined in the eminent domain proceedings that would be filed if the City Council adopts the proposed Resolutions of Necessity.

Adoption of the Resolutions of Necessity will authorize the City Attorney and Special Counsel to initiate eminent domain proceedings in Superior Court. However, adoption of the Resolutions of Necessity does not preclude the City and the property owners from continuing good faith negotiations to acquire the Subject Properties by negotiated purchase. Pursuant to Section 1245.240 of the California Code of Civil Procedure, the adoption of the proposed Resolutions require approval by five Council members.

Evidentiary Findings
A. Public Interest and Necessity Require the Project
The Project will replace the existing structurally deficient public street Bridge and improve Mission Creek for flood control purposes. The Project, as planned and designed, is in the public interest and necessity because it will demolish and replace the existing Bridge, which is designated as “structurally deficient.” It is necessary to replace the Bridge to ensure that the public has access to a safe structure and to improve circulation in this area. Further, the Project will also benefit the community because it will remove and replace the structurally deficient 100-year-old Bridge with a new bridge that meets current seismic, safety, and design standards. The Project also includes the realignment of roadway approaches, abatement of hazardous building materials, relocation of impacted utilities including domestic water and sanitary sewer facilities, construction of channel walls, planting landscape materials, Creek and habitat restoration, and the addition of necessary storm water treatment facilities, all of which advance the public interest and Council Agenda Report
Notice of Intent To Adopt A Resolution Of Necessity To Acquire Real Property For The De La Vina Street Bridge Replacement Project
May 17, 2022

Page 7 ends

necessity. The Project, as planned and designed, seeks to minimize the impact on private parcels. The Project, however, requires the acquisition of the Subject Properties in fee.

Because the Project requires the demolition and replacement of the Bridge, it is not possible to construct the Project without the Subject Properties. As shown in Attachment 2, the Subject Properties are fully located within the footprint of the Project. The Project will require the relocation of the businesses located on the Subject Properties. HJA has been working with the business owners to ensure that the displaced persons and businesses will receive relocation assistance and benefits in accordance with the California Relocation Assistance Law and Guidelines. HJA is assisting the businesses to locate replacement sites. The City and HJA will ensure that all businesses and persons that are displaced as a result of the Project are provided applicable relocation assistance and benefits.

To the extent that the Project will impact the interests of easement holders or utilities in the area of the Subject Properties, the public use for which the City seeks to acquire the Subject Properties, namely for public street and bridge purposes, and all uses necessary or convenient thereto, including, but not limited to, realigning roadway approaches, abating hazardous building materials, relocating utilities including domestic water and sanitary sewer facilities, constructing channel walls, planting landscape materials, Creek and habitat restoration, and adding storm water treatment facilities in connection with the Project will not unreasonably interfere with or impair the continuance of the public use to which any easement holders or utilities may have appropriated the Subject Properties (Code of Civil Procedure Section 1240.510). To the extent that the Project will require the relocation of the interests/facilities of easement holders or utilities located in the area of the Subject Properties, the City’s use of the Subject Properties for the Project is a more necessary public use within the meaning of Code of Civil Procedure Section 1240.650 than the uses to which said public utility easement holders have appropriated any easements located in the area of the Subject Properties. Accordingly, the City is authorized to acquire the Subject Properties pursuant to Code of Civil Procedure Sections 1240.510, 1240.610, and 1240.650.

B. The Project is Planned and Located in the Manner that will be Most Compatible with the Greatest Public Good and the Least Private Injury The Project has been designed and located in a manner that will be most compatible with the greatest public good and the least private injury. As discussed above, due to the locations of the Subject Properties in relation to the existing Bridge and Creek, it is necessary to acquire the Subject Properties to demolish and reconstruct the Bridge and provide for long-term maintenance of the improvements including continued access for Santa Barbara County Flood Control purposes.

As discussed above, the Project is located in the City on upper De La Vina Street between Alamar Avenue and Vernon Road. According to Caltrans records, the Bridge was initially built in 1916 and widened in 1926. The construction of the Project includes the removal and replacement of the structurally deficient 100-year-old Bridge with a new bridge that Council Agenda Report
Notice of Intent To Adopt A Resolution Of Necessity To Acquire Real Property For The De La Vina Street Bridge Replacement Project
May 17, 2022

Page 8 ends

meets current seismic, safety, and design standards. The Project also includes realigning roadway approaches, abating hazardous building materials, relocating utilities including domestic water and sanitary sewer facilities, constructing channel walls, planting landscape materials, Creek and habitat restoration, and adding storm water treatment facilities. The Project cannot be constructed without the acquisition of the Subject Properties. It is necessary for the City to demolish the inadequate Bridge structure and ensure that a safe replacement structure that satisfies seismic, safety and design standards is constructed to ensure that the public has safe circulation in this area.

Further, because the Project requires the demolition and replacement of the Bridge, it is not possible to construct the Project without the Subject Properties. The inspection and analysis of the Bridge structure showed that the Bridge is not suitable for rehabilitation.

The Subject Properties are located fully within the footprint of the Project. The Project will require the relocation of the businesses located on the Subject Properties. HJA has been working with the business owners to ensure that displaced businesses and persons are provided relocation assistance and benefits in accordance with the California Relocation Assistance Law and Guidelines. The City and HJA will ensure that all businesses and persons that are displaced as a result of the Project are provided applicable relocation assistance and benefits.

C. The Subject Properties Described in Each Resolution of Necessity are Necessary for the Project
The City cannot construct the Project, as planned and designed, without the acquisition of the Subject Properties described above and more particularly in the Exhibits to each Resolution of Necessity. The Resolutions of Necessity with their respective Exhibits are incorporated herein by this reference.

Council Agenda Report
Notice of Intent To Adopt A Resolution Of Necessity To Acquire Real Property For The De La Vina Street Bridge Replacement Project
May 17, 2022

Page 9 ends

As discussed above, because the Project requires the demolition and replacement of the Bridge, it is not possible to construct the Project without the Subject Properties. The inspection and analysis of the Bridge structure showed that the Bridge is not suitable for rehabilitation. The Subject Properties are located fully within the footprint of the Project.

Accordingly, the Subject Properties are necessary for the Project.

Further, to the extent that the Project will impact the interests of easement holders or utilities in the area of the Subject Properties, the public use for which the City seeks to acquire the Subject Properties, namely for public street and bridge purposes, and all uses necessary or convenient thereto, including, but not limited to, realigning roadway approaches, abating hazardous building materials, relocating utilities including domestic water and sanitary sewer facilities, constructing channel walls, planting landscape materials, Creek and habitat restoration, and adding storm water treatment facilities in connection with the Project will not unreasonably interfere with or impair the continuance of the public use to which any easement holders or utilities may have appropriated the Subject Properties (Code of Civil Procedure Section 1240.510). To the extent that the Project will require the relocation of the interests/facilities of easement holders or utilities located in the area of the Subject Properties, the City’s use of the Subject Properties for the Project is a more necessary public use within the meaning of Code of Civil Procedure Section 1240.650 than the uses to which said public utility easement holders have appropriated any easements located in the area of the Subject Properties. Accordingly, the City is authorized to acquire the Subject Properties pursuant to Code of Civil Procedure Sections 1240.510, 1240.610, and 1240.650.

D. The City has made Offers as Required by Government Code Section 7267.2 to the Owners of Record of the Respective Subject Properties As discussed above, the City’s real property agent, HJA, made offers for purchase of the Subject Properties to the owners of record as required under Government Code Section 7267.2, and will continue good faith negotiation efforts in an attempt to acquire the Subject Properties by negotiated purchase. Based on the timing of the Right-of-Way Certification deadline and to ensure that the City is able to meet the requirements to obtain reimbursement for the Project costs and commence construction by spring 2023, it is necessary for the Council to consider the adoption of the Resolutions of Necessity at this time.

Copies of the offer letters, Code of Civil Procedure Section 1245.235 Notices, Notice of Exemption for the Project, and design plans for the Project are incorporated herein by this reference. Copies of the documents may be requested from the Public Works Department for public review by contacting [email protected].

BUDGET/FINANCIAL INFORMATION:

The property acquisitions and tenant relocations for the Project will be reimbursed through the HBP at the reimbursement rate of 88.53 percent of the cost, or $3,098,550 with the City responsible for the remaining 11.47 percent or $401,450 of the eligible costs, based Council Agenda Report
Notice of Intent To Adopt A Resolution Of Necessity To Acquire Real Property For The De La Vina Street Bridge Replacement Project
May 17, 2022

Page 10 ends

on the offers made to date. At the conclusion of negotiations, or court order of possession, staff will return to Council to appropriate funds and acquire the properties. At that time, staff will seek additional revenue and expenditure appropriations, as needed, to cover the acquisition costs, of which 88.53 will then be reimbursed by the HBP.

ENVIRONMENTAL REVIEW:

Under California Environmental Quality Act (CEQA) Section 15032, the City’s Community Development Department issued a Notice of Exemption for filing with the County of Santa Barbara on May 21, 2021. CEQA guidelines exempts the replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure being replaced and will have substantially the same purpose and capacity as the structure being replaced.

In connection with the proposed Resolutions of Necessity, on April 29, 2022, City Staff reviewed the environmental documentation prepared in connection with the Project.

Pursuant to the criteria of Section 15162 of the CEQA Guidelines and Section 21166 of the Public Resources Code, City Staff concluded that no substantial changes have occurred in the Project, no substantial changes have occurred in the circumstances under which the Project is undertaken, and that the City has obtained no new information of substantial importance that would require further environmental analysis. These environmental findings are the appropriate findings with respect to the proposed acquisition of the Subject Properties.

ATTACHMENTS: 1. Project Vicinity Map

2. Right of Way Map of Properties being acquired

3. Notices to Owners of Subject Properties
PREPARED BY: Ashleigh A. Shue, P.E., Interim City Engineer/EG/sk SUBMITTED BY: Clifford M. Maurer, P.E., Public Works Director APPROVED BY: City Administrator’s Office
ATTACHMENT 1
Vicinity Map - De La Vina Bridge Replacement Project
Vernon Rd
Mission Creek
De La VIna St
2849 DE LA VINA ST
APN 051-220-023
2830 DE LA VINA ST
APN 051-220-024
2720 DE LA VINA ST
APN 051-220-021
2717 DE LA VINA ST
APN 051-213-019
2829 VERNON RD
APN 051-212-016 2825 DE LA VINA ST 2829 DE LA VINA ST APN 051-212-003 APN 051-212-002 2735 DE LA VINA ST APN 051-213-020 R/W

R/W R/W

R/W R/W
R/W
R/W
"FL-N" LINE
"FL-NW" LINE
"FL-SW" LINE
BB EB
BW
BW
BW
BW
(N) Channel Wall
51 52
53 54 100 101 102 103
"MISSION" LINE
(e) structure
(e) structure
(e) structure (e) driveway
(e) structure (e) structure
(e) structure 200 201 202 203 300 301 302 303
"E TOE" LINE
"W TOE" LINE
R/W
R/W
R/W
(N) Wing Wall
(N) Bridge
2726 DE LA VINA ST
APN 051-220-015
(N) Channel Wall
(N) Channel Wall

ANTICIPATED TEMPORARY CONSTRUCTION EASEMENT
APN 051-220-024 (2225 SF)
APN 051-212-016 (1425 SF)
APN 051-213-019 (1350 SF)
APN 051-212-016 (1050 SF)
Bengal Engineering
360 S. Hope Ave, C-110
Santa Barbara, CA 93105
FA No. BRLO-5007(071)
BRIDGE NO. 51C-0244

PUBLIC WORKS

DEPARTMENT
ENGINEERING DIVISION Approved: CITY ENGINEER DATE Original Signed Date Design Drawn Chk'd APPROVED DATE NO. REVISIONS PBW. NO.

BID NO. SHT. DES.

DWG. NO. DE LA VINA ST. BRIDGE REPLACEMENT PROJECT
2022-00312 TCSO 95% SUBMITTAL FOR REDUCED PLANS ORIGINAL SCALE IS IN INCHES0 1 2 HS C-1-XXXX
SCALE 1" = 20'

NORTH RIGHT OF WAY & TEMPORARY CONSTRUCTION EASEMENT PLANS VERNON ROAD

DE LA VINA STREET

RIGHT OF WAY PLAN
SCALE 1" = 20'
LEGEND

ROW ACQUISITION
APN 051-220-015
APN 051-213-020
APN 051-212-016 PROJECT LIMITS PROJECT LIMITS

ACCESS EASEMENT
APN 051-220-024 (421 SF)

STRUCTURE DEMOLITION

STRUCTURE TO BE DEMOLISHED
"DLV" LINE
R/W

ROW BOUNDARY

CITY RIGHT OF WAY

PROPERTY LINE

PROJECT LIMITS
(N) Top of Bank
25'

HABITAT RESTORATION
& OPEN SPACE ~ 6,800 SF

REQ'D SWMP

TREATMENT
ATTACHMENT 2
Main Office
6 30 Garden Street
P.O. Box 1990
Santa Barbara. CA
93102-1990
Tel: ( 805) 564 -5 3 77
Fax: (805) 897-2613
Engineering
Tel: (805} 564-5363
Fax: (805) 564-5467
Facilities & Energy
Management
Tel: (805) 564-5583
Fax: (805) 897-2577
Fleet Management
Tel: (805} 564-5402
Fax: (805) 897-2515
Streets Operations
& Infrastructure
Management
Tel: (805) 564-5454
Transportation Planning
& Parking
Tel: (805) 564-5385
Fax: (805) 564-5467
Water Resources
Tel: (805} 564-5387
Fax: (805} 897-1991
City of Santa Barbara
Public Works Department
April 27, 2022
Cynthia Dee Howard,
Trustee of the Cynthia Dee Howard Trust
Trustee of the Spencer Eliassen Drew 2002 Trust
Trustee of the Jackson Sproul 2002 Trust; and
Trustee of the Elizabeth Arwyn Drew 2003 Trust
127 West Ortega Street
Santa Barbara, CA 93101
Mr. Glenn Block, Attorney
California Eminent Domain Law Group
3429 Ocean View Blvd., Ste. L
Glendale, CA 91208
Santa Barbar a CA.gov
SUBJECT: De La Vina Street Bridge Replacement Project - Notice of scheduling of hearing regarding intent to consider the adoption of a Resolution of Necessity for the acquisition by eminent domain of the real property located at 2726 and 2728 De La Vina Street, Santa Barbara, California, and identified as Santa Barbara County Tax Assessor's Parcel Number 051-220-015
Dear Ms. Howard and Mr. Block:

The Eminent Domain Law (Code of Civil Procedure Section 1230.010 et seq.) provides the procedure for public entities, including the City of Santa Barbara, to acquire property for public use. The Eminent Domain Law requires that a public entity notify the property owners of its intent to submit to the governing body a Resolution of Necessity authorizing the acquisition of property by eminent domain.

Enclosed you will find a Notice pursuant to Code of Civil Procedure Section 1245.235 informing you of the intent of the City of Santa Barbara to hold a hearing of the Council of the City of Santa Barbara on May 17, 2022, at 2:00 p.m. (or as soon thereafter as the matter may be heard) to consider adoption of a Resolution of Necessity. At the proposed hearing, the Council will consider the adoption of a Resolution of Necessity to acquire by eminent domain your property addressed as 2726 and 2728 De La Vina Street (APN 051-220-015) in fee for public use for a public project referred to as the De La Vina Street Bridge Replacement Project.

As you know, the City, with the assistance of the professional right of way and relocation consultant firm of Hamner, Jewell & Associates, has offered by letter dated November 4, 2021, to purchase your property. To date, ongoing efforts by agents of Hamner, Jewell & Associates on behalf of the City to obtain your acceptance of the City's written offer have been unsuccessful. Therefore, due to the time-sensitive nature of this public project and the need to proceed with the proposed improvements, the Council will need to consider the adoption of the Resolution of Necessity at this time.

ATTACHMENT 3
1 De La Vina Street Bridge Replacement Project - Real Property Located at 2726 De La Vina Street (APN 051-220-015)
April 27, 2022

Page 2 ends

Please note that even after the adoption of the Resolution of Necessity, agents of Hamner, Jewell & Associates will continue to coordinate all matters that relate to the project and the required acquisition of interests with you until such time that they are no longer authorized to represent the City. The ongoing follow-up by Hamner, Jewell & Associates is planned because the City feels it is in the best interest of both parties to negotiate an acceptable purchase agreement to acquire your property without the necessity of an eminent domain proceeding.

If you have any questions about the proposed public project or the hearing, please contact Eric Goodall, Supervising Civil Engineer, at (805) 897-2615. If you have any questions about the City's prior offers or wish to continue good faith negotiations for the acquisition of the property, please call Cathy Springford of Hamner, Jewell & Associates, at (805) 773-1459. Continued negotiations will not defer consideration of the adoption of the Resolution of Necessity.

Sincerely,
.U<£--'
AshleighA. Shue, P. E.

Interim City Engineer
DT/sk
Enclosure
ec: Rebecca J. Bjork, City Administrator
Ariel Calonne, City Attorney
Daniel S. Hentschke, Assistant City Attorney
Clifford M. Maurer, P. E., Public Works Director
Laura Yanez, P. E., Principal Engineer
Eric Goodall, Project Manager
Cathy Springford, Right of Way Agent, Hamner, Jewell & Associates (via email cspringford@hamner-jewell. com)
Todd Eliassen (via email to Todd@jackbilt. com)
This letter and the identified enclosure were properly stamped, addressed, and mailed First Class on Aori I Vf~ 2022, to the persons named herein and mailed to the address appearing on the last equalized assessment roll, Santa Barbara County, by depositing the same in an authorized depository of the United States Postal Sen/ice at Santa Barbara, California.

Executed at Santa Barbara, California, on 1\ pr.
^1- 2022.
^AAW^j V)/
Signature
No^wm\ V^ov^
Name Printed
^
ATTACHMENT 3
2 NOTICE OF HEARING ON THE INTENT OF THE

CITY OF SANTA BARBARA TO ADOPT A RESOLUTION OF

NECESSITY TO ACQUIRE PROPERTY BY EMINENT DOMAIN
CODE OF CIVIL PROCEDURE § 1245.235
[APN 051-220-015]
DATE OF MAILING: April 27, 2022
TO Cynthia Dee Howard, Tmstee U/D/T dated August 1, 1995 F/B/0 of the Cynthia Dee Howard Tmst; Cynthia Dee Howard, Trustee of the Spencer Eliassen Drew 2002 Tmst; Cynthia Dee Howard, Trustee of the Jackson Sproul 2002 Trust; and Cynthia D. Howard, Tmstee of the Elizabeth Anvyn Drew 2003 Tmst
PLEASE TAKE NOTICE that the City Council of the City of Santa Barbara ("City") at its regular meeting of May 17, 2022 beginning at 2:00 p.m., or as soon thereafter as the matter may be heard, in the City of Santa Barbara City Council Chambers, located at 735 Anacapa Street, Santa Barbara, CA will hold a hearing to consider the adoption of a Resolution of Necessity pursuant to the provisions of the Eminent Domain Law, and in particular Article 2 of Chapter 4 of Title 7 of the Code of Civil Procedure (CCP Section 1245. 210 et seq.), for the acquisition in fee by eminent domain of the property located at 2726 and 2728 De La Vina Street, Santa Barbara, CA 93105 (designated as Assessor's Parcel No. 051-220-015), ("Propeny") for the De La Vina Street Bridge Replacement Project ("Project"). Legal description of the Property being considered for acquisition has been attached to this Notice and marked as Exhibits "A".

Cynthia Dee Howard, Trustee U/D/T dated August 1, 1995 F/B/0 of the Cynthia Dee Howard Trust, Cynthia Dee Howard, Trustee of the Spencer Eliassen Drew 2002 Trost, Cynthia Dee Howard, Trustee of the Jackson Sproul 2002 Tmst, and Cynthia D. Howard, Trustee of the Elizabeth Arwyn Drew 2003 Trust as tenants in common, appear on the last equalized assessment roll, as the owners of the Property. As required by Code of Civil Procedure Section 1245.235, this Notice of Hearing has been addressed to the name and address of the owners of the Property, as it appears in the records of the Santa Barbara County Assessor's office.

You have a right to be heard before the City at the above scheduled hearing on the following matters and issues, and to have the City consider your testimony on these issues prior to deciding whether or not to adopt the proposed Resolution of Necessity:

1. Whether the public interest and necessity require the proposed Project;

2. Whether the proposed Project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury;

3. Whether the property sought to be acquired by eminent domain and described in the Resolution of Necessity is necessary for the proposed Project;

4. Whether you received the offer required by Government Code section 7267. 2(a).

The statutes, which authorize the City to acquire the property by eminent domain for this proposed Project, include Code of Civil Procedure sections 1240. 110 and 1240. 120.

ATTACHMENT 3
3 In order to preserve your right to be heard at the hearing, you must file a written request to be heard within 15 days after this notice was mailed, addressed as follows:

City Clerk
City of Santa Barbara
P.O. Box 1990
Santa Barbara, CA 93102-1990
Re: De La Vina Street Bridge Replacement Project
Resolution of Necessity
The request may also be personally delivered to the City Clerk's Office at 735 Anacapa Street, Santa Barbara, CA.

Your request to be heard must actually be received by the City Clerk for filing within 15 days after this Notice was mailed. The date of mailing appears at the top of this Notice.

California Code of Civil Procedure section 1245. 23S(b)(3) provides that "[fjailure to file a written request to appear and be heard within IS days after the notice was mailed will result in waiver of the right to appear and be heard" on the above matters and issues that are the subject of the hearing.

The amount of the compensation to be paid for the acquisition of the property is not a matter before the City Council at the hearing and will not be considered by the City Council.

Your nonappearance at this noticed hearing will not prevent you from claiming greater compensation in the eminent domain action in accordance with the laws of the State of California.

If you elect not to appear or be heard, your failure to appear may be a waiver of your right to later challenge the right of the City to take the property by eminent domain.

If the City Council adopts the Resolution of Necessity, then within six months of the adoption of the Resolution, the City will commence eminent domain proceedings in Superior Court. In that proceeding, the court will determine the amount of compensation to which you are entitled.

If you have any questions regarding this Notice or the Project, please contact Eric Goodall, Supervising Civil Engineer, at EGoodalKalSantaBarbaraCA. BOv or 805-897-2615.

Ashleigh A. Shue, P.E.
hiterim City Engineer
ATTACHMENT 3
4 Exhibit "A"
Leaal Descriotion of Properh'

LEGAL DESCRIPTION
Real property In the City of Santa Barbara, County of Santa Barbara, State of California, described as follows:

THAT PORTION 1>F LOT 64 OF THE OUTSIDE PUEBLO LANDS OF THE CRY OF SANTA BARBARA, IN THE OTf 1)F SANTA BARBARA, COUNPi' OF SANTA BARBARA, STATC (>F CALIFORNIA, AS SHOWN BY THE SURVFf (>F W.H. NORWAY APPROVED BY THE BOARD OF TRUSTEES (>F THE TOWN OF SANTA BARBARA, AS MAP NO. 2 ON THE 25TH DAY ()F JANUARY, 1868, DESCRIBED AS RU-OWS:

BEGINNING AT A BRASS CAPPED MONUMEOT SET ON THE SOUTHEAST CDRNER OF THE THDMPSONLACY TRACT BY F.F. R-OURNOY, JULY 1912 AND SHdWN BY MAP ENTTTLED "PARTFTIllN MAP OF THOMPSON-LACT TRACT" MADE BY O.H. O'NEILL, L.S. AND FILED IN THE OFFICE OF THE COUNTY RECORDER OF SANTA BARBARA COUNTY, MAY 22, 1916 IN BOOK 10, PAGE 2 OF MAPS AND SURVEYS, SAID CORNER BEING THE SOIJTHEAST OWNER OF PUEBLO LOT 64 AS SHOWN DN SAID MAP NO. 2; THENCE SOUTH 69 DEG. 56' WEST ALONG THE SlXJTHERLY UNE OF SAID LOT 64, 176 FEET; THENCE NORTH 39 DEG. 117' WEST 3611.4 FEET TO AN OLD PIPE SET IN THE SOUTHWESTERLY UNE OF THE TRACT (>F LAND DESCRIBED IN PARCEL ONE IN DEED FROM NANCY PARKER THOMPSON, A WIDOW, TO GEC1RGE WILUAMS, DATCD NOVEMBER 13, 1921) AND RECORDED DECEMBER 13, 19211 IN BCX1K 19<). PAGE 178 (>F DEEDS, RECORDS tf SAID OlUMT]', SAID 1>LD PIPE BBNG THE TRUE POINT OF BEGINNING OF THE PARCEL OF LAND HERHN DESCRIBED: THENCE SOUTH 39 DEG. 07' EAST 104. 83 FEET: THENCE NORTH 51 DEG. 33' 3D" EAST 149. 49 FEET; THENCE NORTH 38 DEG. 26' 311" WEST 148.77 FEET; THENCE SOUTH 511 DEG. 22' WEST TO AN ANGLE POINT ON THE NORTHWESTCRLY LINE OF TRACT <»F LAND DESCRIBED IN THE DEED TO WILUAMS ABOVE REFERRED TO; THENCE SOUTH 33 DEG. 57' WEST AND AL( )NG THE NDRTHWE5TERLY UNE OF THE TltACT I )F LAND DESCRIBED IN DEED To WILLIAMS ABOVE REFERRED TO, 145. 2 FEET TO THE TRUE POINT OF BEGINNING.

APN: 1)51-221)-<115
First/^nencan Tide
ATTACHMENT 3
5 City of Santa Barbara
Public Works Department SantaBarbaraCA. gov
April 27, 2022
Main Office
630 Garden Street
P. O. Box 1990
Santa Barbara, CA
93102-1990
Tel: (805) 564-5377
Fax; (806) 897-2613
Engineering
Tel: (805) 564-5363
Fax: (805) 564-5467
Facilities & Energy
Management
Tel: (805) 564-5583
Fax; (805) 897-3577
Fleet Managemenl
Tel: |805) 564-540Z
Fax: (805) 897. 2515
Streets Operations
& Infrastructure
Management
Tel: (805) 564-5454
Transportation Planning
& Parking
Tel: [805| 564-5385
Fax: (805) 564. 5467
Water fiesources
Tel: (805) 564-5387
Fax: (805) 897-1991
Cynthia Dee Howard,
Trustee of the Cynthia Dee Howard Trust
Trustee of the Spencer Eliassen Drew 2002 Trust
Trustee of the Jackson Sproul 2002 Trust; and
Trustee of the Elizabeth Arwyn Drew 2003 Trust
127 West Ortega Street
Santa Barbara, CA 93101
Mr. Glenn Block, Attorney
California Eminent Domain Law Group
3429 Ocean View Blvd., Ste. L
Glendale. CA 91208
SUBJECT: De La Vina Street Bridge Replacement Project-Notice of scheduling of hearing regarding intent to consider the adoption of a Resolution of Necessity for the acquisition by eminent domain of the real property located at 2726 and 2728 De La Vina Street, Santa Barbara, California, and identified as Santa Barbara County Tax Assessor's Parcel Number 051-220-015
Dear Ms. hloward and Mr. Block:

The Eminent Domain Law (Code of Civil Procedure Section 1230. 010 et seq. ) provides the procedure for public entities, including the City of Santa Barbara, to acquire property for public use. The Eminent Domain Law requires that a public entity notify the property owners of its intent to submit to the governing body a Resolution of Necessity authorizing the acquisition of property by eminent domain.

Enclosed you will find a Notice pursuant to Code of Civil Procedure Section 1245. 235 informing you of the intent of the City of Santa Barbara to hold a hearing of the Council of the City of Santa Barbara on May 17, 2022, at 2:00 p. m. (or as soon thereafter as the matter may be heard) to consider adoption of a Resolution of Necessity. At the proposed hearing, the Council will consider the adoption of a Resolution of Necessity to acquire by eminent domain your property addressed as 2726 and 2728 De La Vina Street (APN 051-220-015) in fee for public use for a public project referred to as the De La Vina Street Bridge Replacement Project.

ATTACHMENT 3
6 De La Vina Street Bridge Replacement Project - Real Property Located at 2726 De La Vina Street (APN 051-220-015)
April 27, 2022

Page 2 ends

If you have any questions about the proposed public project or the hearing, please contact Eric Goodall, Supervising Civil Engineer, at (805) 897-2615. If you have any questions about the City's prior offers or wish to continue good faith negotiations for the acquisition of the property, please call Cathy Springford of Hamner, Jewell & Associates, at (805) 773-1459, Continued negotiations will not defer consideration of the adoption of the Resolution of Necessity.

Sincerely,
Ashleigh A. Shue, P. E.

Interim City Engineer
DT/sk
Enclosure
ec: Rebecca J. Bjork, City Administrator
Ariel Calonne, City Attorney
Daniel S. Hentschke, Assistant City Attorney
Clifford M. Maurer, P. E., Public Works Director
Laura Yanez, P. E., Principal Engineer
Eric Goodall, Project Manager
Cathy Springford, Right of Way Agent, Hamner, Jewell & Associates (via email cspringford@hamner-jewell. com)
Todd Eliassen (via email to Todd@jackbilt. com)
This letter and the identified enclosure were properly stamped, addressed, and mailed First Class on f\ or> I 'S."^ 2022, to the persons named herein and mailed to the address appearing on the last equalized assessment roll, Santa Barbara County, by depositing the same in an authorized depository of the United States Postal Serv/ce at Santa Barbara, California.

Executed at Santa Barbara, California, on r\\ ^
Signature iiynature
Aj^ynm'i \/^ov\
Name Printed
^
, 2022.

ATTACHMENT 3
7 NOTICE OF HEARING ON THE INTENT OF THE

CITY OF SANTA BARBARA TO ADOPT A RESOLUTION OF

NECESSITY TO ACQUIRE PROPERTY BY EMINENT DOMAIN
CODE OF CIVIL PROCEDURE § 1245.235
[APN 051-220-015]
DATE OF MAILING: April 27, 2022
TO Cynthia Dee Howard, Tmstee U/D/T dated August 1, 1995 F/B/0 of the Cynthia Dee Howard Tmst; Cynthia Dee Howard, Trustee of the Spencer Eliassen Drew 2002 Tmst; Cynthia Dee Howard, Trustee of the Jackson Sproul 2002 Trust; and Cynthia D. Howard, Trustee of the Elizabeth Arwyn Drew 2003 Trust
PLEASE TAKE NOTICE that the City Council of the City of Santa Barbara ("City") at its regular meeting of May 17, 2022 beginning at 2:00 p.m., or as soon thereafter as the matter may be heard, in the City of Santa Barbara City Council Chambers, located at 735 Anacapa Street, Santa Barbara, CA will hold a hearing to consider the adoption of a Resolution of Necessity pursuant to the provisions of the Eminent Domain Law, and in particular Article 2 of Chapter 4 of Title 7 of the Code of Civil Procedure (CCP Section 1245.210 et seq. ), for the acquisition in fee by eminent domain of the property located at 2726 and 2728 De La Vina Street, Santa Barbara, CA 93105 (designated as Assessor's Parcel No. 051-220-015), ("Property") for the De La Vina Street Bridge Replacement Project ("Project"). Legal description of the Property being considered for acquisition has been attached to this Notice and marked as Exhibits "A".

Cynthia Dee Howard, Tmstee U/D/T dated August 1, 1995 F/B/0 of the Cynthia Dee Howard Tmst, Cynthia Dee Howard, Trustee of the Spencer Eliassen Drew 2002 Tmst, Cynthia Dee Howard, Trustee of the Jackson Sproul 2002 Trust, and Cynthia D. Howard, Trustee of the Elizabeth Arwyn Drew 2003 Trust as tenants in common, appear on the last equalized assessment roll, as the owners of the Property. As required by Code of Civil Procedure Section 1245. 235, this Notice of Hearing has been addressed to the name and address of the owners of the Property, as it appears in the records of the Santa Barbara County Assessor's office.

You have a right to be heard before the City at the above scheduled hearmg on the following matters and issues, and to have the City consider your testimony on these issues prior to deciding whether or not to adopt the proposed Resolution of Necessity:

1. Whether the public interest and necessity require the proposed Project;

2. Whether the proposed Project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury;

3. Whether the property sought to be acquired by eminent domain and described in the Resolution of Necessity is necessary for the proposed Project;

4. Whether you received the offer required by Government Code section 7267. 2(a).

The statutes, which authorize the City to acquire the property by eminent domain for this proposed Project, include Code of Civil Procedure sections 1240. 110 and 1240. 120.

ATTACHMENT 3
8 In order to preserve your right to be heard at the hearing, you must file a written request to be heard within 15 days after this notice was mailed, addressed as follows:

Your request to be heard must actually be received by the City Clerk for filing within 15 days after this Notice was mailed. The date of mailing appears at the top of this Notice.

California Code of Civil Procedure section 1245. 235(b)(3) provides that "|f]ailure to file a written request to appear and be heard within 15 days after the notice was mailed will result in waiver of the right to appear and be heard" on the above matters and issues that are the subject of the hearing.

The amount of the compensation to be paid for the acquisition of the property is not a matter before the City Council at the hearing and will not be considered by the City Council.

Your nonappearance at this noticed hearing will not prevent you from claiming greater compensation in the eminent domain action in accordance with the laws of the State of California.

If you elect not to appear or be heard, your failure to appear may be a waiver of your right to later challenge the right of the City to take the property by eminent domain.

If you have any questions regarding this Notice or the Project, please contact Eric Goodall, Supervising Civil Engineer, at EGoodallfSiSantaBarbaraCA. gov or 805-897-2615.

Ashleigh A. Shue, P.E.

Interim City Engineer
ATTACHMENT 3
9 Exhibit "A"
Legal Description of Property
LEGAL DESCRIPnON
Real propeity in the aty of Santa B^rtara, County of Santa Barbara, State of California, described as ftrilows:

THAT PORTION (IF LOT 64 OF THE OUTSIDE PUEBLO LANDS OF THE CITY OF SANTA BARBARA, IN THE OT]' 1)F SANTA BARBARA, COUNT]' OF SANTA BARBARA, STATE ()F CAURIRNIA, AS SHOWN BY THE SURVEY ()F W.H. N( )RWAY APPRf 1VED BY THE BOARD ()F TRUSTEES < )F THE T( )WN OF SANTA BARBARA, AS MAP N(>. 2 ON THE 25TH DAY ()F 3ANUARY, 1868, DESCRIBED AS FOLLOWS:

BEGINNING AT A BRASS CAPPED Ml >NUMENT SET < >N THE S )UTHEAST C< >RNER I IF THE TH( )MPS( )NLAC/ TRACT BY F.F. FLUURNOY. JULY 1912 AND SHOWN BY MAP ENHTLED "PARTmoN MAP OF THDMPSON-LACl' TRACT MADE BY O.H. O'NBLL, L.S. AND FILED IN THE OFFICE OF THE COUNT]' RECORDER OF SANTA BARBARA COUNTf, MAY 22, 1916 IN BOOK 111, PAGE 2 1>F MAPS AND SURVEYS, SAID CORNER BEING THE SOUTHEAST CORNER OF PUEBLO LOT 64 AS SHOWN ON SAID MAP No. 2; THENCE SOUTH 89 DEG. 56' WEST ALONG THE SDUTHERLY LINE OF SAID LOT 64, 176 FEET; THENCE NORTH 39 DEG. 1)7' WEST 3611. 4 FEET TO AN OLD PIPE SET IN THE SOUTHWESTERLY LINE OF THE TRACT LAND DESCRIBED IN PARCEL ONE IN DEED FROM NANQ' PARKER THOMPSON, A WIDdW, TO GEORGE WILUAMS. DATCD NCWEMBER 13, 1920 AND RECORDED DECEMBER 13, 1921] IN BOOK 19U. PAGE 178 1>F DEEDS, RECORDS t)F SAID OXJNTl', SAID OLD PIPE BEING THE TRUE POINT OF BEGINNING OF THE PARCEL OF LAND HERHN DESCRIBED; THENCE St)UTH 39 DEG. (17' EAST 1114. 83 FEET: THENCE NllRTH 51 DEG. 33' 311" EAST 149.49 FEET; THENCE NORTH 38 DEG. 26' 311" WEST 148. 77 FEET: TH ENCE SOUTH 51) DEG. 22'WEST TO AN ANGLE POINT ON THE NORTHWE5TCRLYUNE OF TRACT OF LAND DESCMBED IN THE DEED TO WILLIAMS ABOVE REFERRED Tl); THENCE SDUTH 33 DEG. 57' WEST AND ALONG THE NDRTHWESTERLY UNE OF THE TRACT OF LAND DESCRIBED IN DEED TO WILLIAMS ABOVE REFERRED T(), 145. 2 FEET TO THE TRUE PtlINT (IF BEGINNING.

APN: 1151-22D-I115
first American Titie
ATTACHMENT 3
10 RESOLUTION NO. ________

A RESOLUTION OF THE COUNCIL OF THE CITY OF

SANTA BARBARA PURSUANT TO CODE OF CIVIL
PROCEDURE SECTIONS 1245.210 – 1245.270

DECLARING THE PUBLIC INTEREST AND NECESSITY TO

ACQUIRE BY EMINENT DOMAIN REAL PROPERTY

INTERESTS FOR THE DE LA VINA STREET BRIDGE
REPLACEMENT PROJECT [2733 AND 2735 DE LA VINA
STREET (APN 051-213-020) - FEE INTEREST]
THE COUNCIL OF THE CITY OF SANTA BARBARA RESOLVES AS FOLLOWS:

SECTION 1. Findings. Based on the evidence presented at the hearing regarding the acquisition of the real property that is the subject of this resolution, including the Council Agenda Report dated May 17, 2022, the documents referenced therein, and any oral or written testimony at the hearing, the City Council hereby finds and determines that:

A. The City seeks to acquire in fee the real property located at 2733 and 2735 De La Vina Street, in the City of Santa Barbara, identified as Santa Barbara County Tax Assessor’s Parcel Number 051-213-020, and described more particularly in Exhibit A to this resolution (“Subject Property”).

B. This resolution of necessity is adopted in connection with the De La Vina Street Bridge Replacement Project (Project). The Project is located in the City on upper De La Vina Street between Alamar Avenue and Vernon Road. In March 2016, the City received authorization through Caltrans from the Federal Highway Administration (FHWA) to initiate the engineering design phase for the Project. The FHWA provides funding for the replacement and rehabilitation of bridges located off the state and interstate highway system through the Highway Bridge Program (HBP). The California Department of Transportation (Caltrans) inspects all bridges across the state, including the De La Vina Street Bridge (Bridge), in accordance with National Bridge Inspection Standards. The Caltrans inspection report designated the De La Vina Street Bridge (Bridge) as “structurally deficient” because the deck and superstructure are in poor condition. The structural evaluation indicates the Bridge is not suitable for rehabilitation and requires replacement.

C. The Project is an approved Federal Highway Administration (FHWA) Bridge Program project with oversight provided by Caltrans. According to Caltrans records, the Bridge was initially built in 1916 and widened in 1926. The construction of the Project includes the removal and replacement of the structurally deficient 100-year-old Bridge with a new bridge that meets current seismic, safety, and design standards. The Project also includes realigning roadway approaches, abating hazardous building materials, relocating utilities including domestic water and sanitary sewer facilities, constructing channel walls, planting landscape materials, creek and habitat restoration, and adding storm water treatment facilities. The Project is to be consistent with the planned flow characteristics of the Lower Mission Creek Flood Control Project and to accommodate future channel widening upstream and downstream. Accordingly, the public interest and necessity require the Project.

D. To construct the Project it is necessary to acquire fee title to two parcels on either side of De La Vina Street, including the Subject Property. The Project design realigns the new abutment walls to be parallel with the creek, widens the creek to address hydraulic insufficiencies of the current design, restores the creek bank upstream, and realigns the sidewalk to reduce crossing distances across De La Vina Street and Vernon Street. The parcel at 2733 and 2735 De La Vina Street has buildings that are constructed on the bridge. The primary building at 2726 and 2728 De La Vina Street is within inches of the Bridge and may have a corner of its foundation located a bridge abutment. This parcel is also necessary for creek improvements and habitat mitigation. These two parcels are collectively referred to as the “Subject Parcels” in the Council Agenda Report dated May 17, 2022 in conjunction with the consideration of this resolution of necessity. The City Council is concurrently adopting separate resolutions of necessity for each of the Subject Parcels.

E. Based on the location of the Bridge, scope of construction, and location of the Subject Property in relation to the Bridge, it is necessary for the City to acquire the Subject Property in fee. The City’s demolition of the Bridge and replacement of the structurally deficient structure impacts the Subject Property. The Project cannot be constructed without the Subject Property, which is improved with commercial structures that are either partially or completely built on the existing Bridge and are located in the footprint of the Project. These structures must be removed in order to demolish the existing Bridge.

F. The City is authorized to acquire by eminent domain the Subject Property for the Project pursuant to the authority conferred upon the City to acquire property by eminent domain by California Constitution Article 1, Section 19, California Government Code Sections 37350, 37350.5, 37351, 40401 and 40404 and California Code of Civil Procedure Section 1230.010 et seq. (Eminent Domain Law), including but not limited to Sections 1240.010, 1240.020, 1240.110, 1240.120, 1240.510, 1240.610, 1240.650, and by other provisions of law. The Subject Property is acquired for public use, namely for public street and bridge purposes, and all uses necessary or convenient thereto, including, but not limited to, removal and replacement of the structurally deficient 100- year-old bridge with a new bridge that meets current seismic, safety, and design standards, realignment of roadway approaches, abatement of hazardous building materials, relocation of utilities including domestic water and sanitary sewer facilities, construction of channel walls, planting landscape materials, creek and habitat restoration, and addition of storm water treatment facilities in connection with the Project.

G. The Project will replace the existing structurally deficient public street Bridge and improve Mission Creek for flood control purposes. The Project, as planned and designed, is in the public interest and necessity because it will demolish and replace the existing Bridge, which is designated as “structurally deficient”. It is necessary to replace the Bridge to ensure that the public has access to a safe structure and to improve circulation in this area. Further, the Project will also benefit the community because it will remove and replace the structurally deficient 100-year-old Bridge with a new bridge that meets current seismic, safety, and design standards. The Project also includes the realignment of roadway approaches, abatement of hazardous building materials, relocation of impacted utilities including domestic water and sanitary sewer facilities, construction of channel walls, planting landscape materials, creek and habitat restoration, and the addition of necessary storm water treatment facilities, all of which advance the public interest and necessity.

H. The Project will replace the existing structurally deficient public street Bridge and improve Mission Creek for flood control purposes. The Project, as planned and designed, is in the public interest and necessity because it will demolish and replace the existing Bridge, which is designated as “structurally deficient”. It is necessary to replace the Bridge to ensure that the public has access to a safe structure and to improve circulation in this area. Further, the Project will also benefit the community because it will remove and replace the structurally deficient 100-year-old Bridge with a new bridge that meets current seismic, safety, and design standards. The Project also includes the realignment of roadway approaches, abatement of hazardous building materials, relocation of impacted utilities including domestic water and sanitary sewer facilities, construction of channel walls, planting landscape materials, creek and habitat restoration, and the addition of necessary storm water treatment facilities, all of which advance the public interest and necessity.

I. The Project has been designed and located in a manner that will be most compatible with the greatest public good and the least private injury. Due to the location of the Subject Property in relation to the existing Bridge and creek, it is necessary to acquire the Subject Property to demolish and reconstruct the Bridge and provide for longterm maintenance of the improvements including continued access for flood control purposes. The Project cannot be constructed without the acquisition of the Subject Property. It is necessary for the City to demolish the inadequate Bridge structure and ensure that a safe replacement structure that satisfies seismic, safety and design standards is constructed to ensure that the public has safe circulation in this area.

J. To the extent that the Project will impact the interests of easement holders or utilities in the Project area, the public use for which the City seeks to acquire the Subject Property, namely for public street and bridge purposes, and all uses necessary or convenient thereto, including, but not limited to, realigning roadway approaches, abating hazardous building materials, relocating utilities including domestic water and sanitary sewer facilities, constructing channel walls, planting landscape materials, creek and habitat restoration, and adding storm water treatment facilities in connection with the Project will not unreasonably interfere with or impair the continuance of the public use to which any easement holders or utilities may have appropriated the Subject Property (Code of Civil Procedure Section 1240.510). To the extent that the Project will require the relocation of the interests/facilities of easement holders or utilities located in the area of the Subject Property, the City’s use of the Subject Property for the Project is a more necessary public use within the meaning of Code of Civil Procedure Section 1240.650 than the uses to which said public utility easement holders have appropriated any easements located in the area of the Subject Property. Accordingly, the City is authorized to acquire the Subject Property pursuant to Code of Civil Procedure Sections 1240.510, 1240.610, and 1240.650.

K. Pursuant to Government Section 7260 et seq., the City’s right-of-way consultant obtained a fair market value appraisal of the Subject Property. The City set just compensation for the Subject Property in accordance with the fair market value. On November 2, 2021, the City’s consultant extended a written offer pursuant to Government Code Section 7267.2 to the owner of record, 2735 De La Vina St., LLC. The City’s offer included an informational pamphlet describing the eminent domain process and the record owner’s rights under the Eminent Domain law. In accordance with Government Code Section 7267.2, the City’s written offer package contained a written statement of and summary of the basis for, the amount it established as just compensation. The City’s offer package set forth the date of value used by the appraiser and explained the appraiser’s opinion of the highest and best use of the Subject Property. The offer package also explained the applicable zoning of the Subject Property. The owner received the summary of the principal transactions relied on by the appraiser to arrive at the appraiser’s opinion of the fair market value and comparable market data relied on by the appraiser.

Further, the offer letter offered to pay the reasonable costs of the owner, up to $5,000, of an independent appraisal of the Subject Property pursuant to Code of Civil Procedure Section 1263.025.

L. The City provided written notice dated April 27, 2022, to the owner of record of the Subject Property pursuant to Code of Civil Procedure Section 1245.235 of the City Council’s intent to consider the adoption of a Resolution of Necessity for the acquisition of the Subject Property by eminent domain. It also notified the record owner of the opportunity to appear before the City Council and raise questions about whether the public interest and necessity require the Project; whether the Project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; whether the Subject Property the City seeks to acquire is necessary for the Project; and whether the City made the offer required by Government Code Section 7267.2. A copy of the notice was also mailed to counsel for the record owner.

M. The Project is exempt from CEQA. Under California Environmental Quality Act (CEQA) Section 15032, the City’s Community Development Department issued a Notice of Exemption for filing with the County of Santa Barbara on May 21, 2021. CEQA guidelines exempts the replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure being replaced and will have substantially the same purpose and capacity as the structure being replaced. In connection with the proposed Resolutions of Necessity, on April 29, 2022, City Staff reviewed the environmental documentation prepared in connection with the Project. Pursuant to the criteria of Section 15162 of the CEQA Guidelines and Section 21166 of the Public Resources Code, City Staff concluded that no substantial changes have occurred in the Project, no substantial changes have occurred in the circumstances under which the Project is undertaken, and that the City has obtained no new information of substantial importance that would require further environmental analysis. These environmental findings are the appropriate findings with respect to the proposed acquisition of the Subject Property.

SECTION 2. Determinations. In accordance with the Findings stated in Section 1, the City Council hereby determines that:

A. The public interest and necessity require the Project; B. The Project is planned or located in the manner that will be the most compatible with the greatest public good and the least private injury; C. The fee interest in the Subject Property described more particularly in Exhibit “A” hereto is necessary for the Project;
D. The offer required by Government Code Section 7267.2 has been made to the owner or owners of record; and
E. The Project has been determined to be categorically exempt from further environmental review pursuant to California Environmental Quality Guidelines Section 15302.

SECTION 3. Authorization to File Eminent Domain Proceeding. The City Attorney is hereby authorized and directed to prepare, institute and prosecute in the name of the City, and is authorized to retain a law firm as Special Counsel for such proceedings, if necessary, in the proper Court having jurisdiction thereof, as may be necessary for the acquisition of the Subject Property in fee. The City Attorney and Special Counsel retained on behalf of the City is also authorized and directed to obtain a necessary order of court granting to the City the right of immediate possession and occupancy of the Subject Property. The City Attorney, with the concurrence of the Public Works Director, is also authorized to approve and execute a settlement agreement or stipulated judgment vesting title to the Subject Property described herein on terms and conditions approved by the City Attorney for the best rights of the City.

SECTION 4. Additional Authority. The Public Works Director, with the concurrence of the City Attorney, is authorized to execute all necessary documents in connection with acquisition of the Subject Property by eminent domain proceeding or otherwise.

EXHIBIT “A”
Legal Description of Subject Property
RESOLUTION NO. ________

A RESOLUTION OF THE COUNCIL OF THE CITY OF

SANTA BARBARA PURSUANT TO CODE OF CIVIL
PROCEDURE SECTIONS 1245.210 – 1245.270

DECLARING THE PUBLIC INTEREST AND NECESSITY TO

ACQUIRE BY EMINENT DOMAIN REAL PROPERTY

INTERESTS FOR THE DE LA VINA STREET BRIDGE
REPLACEMENT PROJECT [2726 AND 2728 DE LA VINA
STREET (APN 051-213-015) - FEE INTEREST]
THE COUNCIL OF THE CITY OF SANTA BARBARA RESOLVES AS FOLLOWS:

A. The City seeks to acquire in fee the real property located at 2726 and 2728 De La Vina Street, in the City of Santa Barbara, identified as Santa Barbara County Tax Assessor’s Parcel Number 051-213-015, and described more particularly in Exhibit A to this resolution (“Subject Property”).

I. The Project has been designed and located in a manner that will be most compatible with the greatest public good and the least private injury. Due to the location of the Subject Property in relation to the existing Bridge and creek, it is necessary to acquire the Subject Property to demolish and reconstruct the Bridge and provide for longterm maintenance of the improvements including continued access for flood control purposes, habitat protection, and storm water management. The Project cannot be constructed without the acquisition of the Subject Property. It is necessary for the City to demolish the inadequate Bridge structure and ensure that a safe replacement structure that satisfies seismic, safety and design standards is constructed to ensure that the public has safe circulation in this area.

The City’s offer included an informational pamphlet describing the eminent domain process and the record owner’s rights under the Eminent Domain law. In accordance with Government Code Section 7267.2, the City’s written offer package contained a written statement of and summary of the basis for, the amount it established as just compensation. The City’s offer package set forth the date of value used by the appraiser and explained the appraiser’s opinion of the highest and best use of the Subject Property.

The offer package also explained the applicable zoning of the Subject Property. The owner received the summary of the principal transactions relied on by the appraiser to arrive at the appraiser’s opinion of the fair market value and comparable market data relied on by the appraiser. Further, the offer letter offered to pay the reasonable costs of the owner, up to $5,000, of an independent appraisal of the Subject Property pursuant to Code of Civil Procedure Section 1263.025.

SECTION 2. Determinations. In accordance with the Findings stated in Section 1, the City Council hereby determines that:

EXHIBIT “A”
Legal Description of Subject Property

CITY OF SANTA BARBARA

COUNCIL AGENDA REPORT
AGENDA DATE: May 17, 2022
TO: Mayor and Councilmembers
FROM: Community Development Department, Planning Division SUBJECT: Continuation Of 2023 Housing Element Update Goals RECOMMENDATION:

That City Council consider and adopt revised 2023 Housing Element Goals.

DISCUSSION:

This item is a continuation of the April 28, 2022 Joint City Council/Planning Commission work session item, which included an overview of the Housing Element update requirements, process, and timeline, and staff-recommended goals for the 2023 Housing Element. Based on discussion and comments by Planning Commissioners and City Councilmembers, revised goals are provided below for City Council’s consideration. 2023 Housing Element Update Goals
Establishing broad overarching, agreed-upon goals for housing is an important early step for the Housing Element Update. Since the Housing Element is a component of the General Plan, no fewer than five affirmative votes of City Council are required for its ultimate adoption, which is expected in early 2023.

Based on input received at the April 28, 2022 work session, Planning Division staff has revised the proposed goals for City Council consideration as follows:

Proposed City of Santa Barbara 2023 Housing Element Goals Goal 1. Create New Housing: Create new healthy, safe, and energy-efficient housing that meets community needs.

Goal 2. Prioritize Affordable Housing: Prioritize housing that is affordable to the City’s workforce and vulnerable communities, by use of deed restrictions or other measures, over other types of development.

Agenda Item No. 14
File Code No. 660.01
Council Agenda Report
Continuation Of 2023 Housing Element Update Goals
May 17, 2022

Page 2 ends

Goal 3. Provide Housing Assistance: Provide financial resources and supportive services for members of the community who need housing assistance.

Goal 4. Promote Housing Stability: Implement tenant protection measures, promote full-time occupancy of existing housing, and discourage conversion of housing to other uses.

Goal 5. Preserve Housing: Maintain and improve the physical condition of existing housing at all affordability levels.

Goal 6. Engage the Community: Educate the community about housing issues, affordable housing opportunities, and available resources and programs.

Goal 7. Coordinate with Regional Partners: Coordinate with surrounding communities and regional agency partners to address regional housing issues, homelessness, and the jobs/housing balance.

Goal 8. Fund Affordable Housing: Develop a permanent source of local funding to produce deed-restricted affordable housing.

The attached table shows a red-lined version of these goals for comparison with the goals presented on April 28, 2022. It also provides examples of policies and potential programs that can be identified and developed as part of the Housing Element process.

BUDGET/FINANCIAL INFORMATION:

California Department of Housing and Community Development provided Regional Early Action Planning Grant (REAP) funding to regional entities and local governments to assist in updating Housing Elements to meet the Regional Housing Need Allocation (RHNA). The City was awarded $499,374 in REAP funds, to be allocated to consultants and staff working on the Housing Element update and related tasks. Planning staff posted two requests for proposals from qualified consultants for the Housing Element update but did not receive any bids. As most California cities and counties are currently processing Housing Element updates, potential consultants informed staff that they did not have the capacity to take on additional work. Accordingly, Long Range Planning staff were reassigned to complete the majority of the Housing Element update tasks, with some technical assistance provided by BAE Economics, Inc.

ATTACHMENT: Proposed 2023 Housing Element Goals, Example Policy Themes, and Potential Programs
PREPARED BY: Daniel Gullett, Principal Planner
SUBMITTED BY: Elias Isaacson, Community Development Director APPROVED BY: City Administrator’s Office
REVISED 2023 HOUSING ELEMENT GOALS, EXAMPLE POLICY THEMES, AND POTENTIAL PROGRAMS Revised Goals Example Policy Themes Potential Programs
Goal 1.

Create New Housing: Create new healthy,
safe, and energy-efficient housing that
meets community needs.

This overarching goal for new housing
promotes:
• Equal housing opportunities for all
segments of the community, including
extremely low, very low, moderate,
and special needs households.
• Healthy and safe housing, consistent
with Safety Element policies and
building code requirements.
• Energy-efficient homes to ensure
living within resources, sustainable
community design, and reduced
greenhouse gas emissions.
• Adaptive reuse of buildings for
housing.
• Providing zoning regulations that
prioritize housing over hotel use.
• Reducing governmental constraints,
including streamlining the City review
process.

Amend the Zoning Ordinance, permit
procedures, and other requirements to
facilitate conversion of non-residential
buildings to housing.

Review land use and zoning designations
that allow hotels and adopt amendments
to prioritize housing over hotel use in
areas more suitable for housing.

Goal 2.

Prioritize Affordable Housing: Prioritize
deed-restricted housing that is affordable
to the City’s workforce and vulnerable
Ensure affordable units are prioritized
over all other types of housing.

Allow for creative measures to ensure
housing remains affordable to the
Develop approval findings on the impact
of a project meeting the City’s regional
housing needs consistent with “no-netATTACHMENT
Revised Goals Example Policy Themes Potential Programs
communities, by use of deed restrictions
or other measures, over other types of
development.
workforce, in addition to typical 90 year
deed-restrictions.
loss” requirements in Government code
section 65863.

Goal 3.

Provide Housing Assistance: Provide
financial resources and supportive
services for members of the community
who need housing assistance.

Continue the City’s financial and staff
support for programs such as CDBG and
Human Services Grants, Rental Housing
Mediation, and similar programs.

New programs to improve services and
funding with Housing & Human Services
staff and the local non-profit community.

Goal 4.

Promote Housing Stability: Implement
Discourage tenant protection measures,
displacement, promote full-time
occupancy of existing housing, and
discourage conversion of housing to other
uses.

As an overarching housing stability goal,
this promotes:
• Renter protections.
• Vacancy tax or other programs to
return second homesinto the full-time
rental market or for sale.
• Programs to discourage converting
residential properties to hotels.

New programs to incentivize residential
use of permitted Accessory Dwelling
Units.

Goal 5.

Preserve Housing: Maintain and improve
the physical condition of existing housing
at all affordability levels. Prevent blight or
deterioration, promote occupancy, and
discourage conversion to other uses.

Continue the City’s building code
enforcement policies.

Encourage Housing Authority and similar
entities to acquire substandard units,
correct health and safety problems, and
Provide technical assistance and personal
appointments to residents, including
seniors and people with disabilities, to
help review their housing rehabilitation
needs. Prioritize rehabilitation in
concentrated areas of poverty and areas
with more code enforcement citations,
Revised Goals Example Policy Themes Potential Programs
provide them as affordable housing to
their clients.

Consider low-interest rehab loans or other
programs for low income seniors and
others to ensure they can stay in their
homes.

Incorporate programs for accessibility
improvements for the disabled
population.
with a target for at least 50% of assisted
units to be in such areas.

Goal 6.

Inform Engage the Community: Educate
the community about housing issues,
affordable housing opportunities, and
available resources and programs.

Continue the City’s policy to engage and
inform the community.

Include the concept of broader outreach
and informational presentations on the
annual Housing Element Progress Reports
required by HCD.

Incorporate Housing & Human Services
programs and Rental Housing Mediation.

Staff shall present information about
Housing Element program
implementation status annually to the
City Council.

Goal 7.

Coordinate with Regional Partners:

Coordinate with surrounding communities
and regional agency partners to address
regional housing issues, homelessness,
and the jobs/housing balance.

Commits the City to working with
neighboring jurisdictions and non-profit
partners to develop solutions to the
jobs/housing imbalance and
homelessness.

Incorporates discussions with City
College, UCSB, and private schools about
housing issues.

The City shall coordinate a joint legislative
platform with Goleta, the City of
Carpinteria, and the County to promote
regional housing solutions on the South
Coast.

Revised Goals Example Policy Themes Potential Programs
Goal 8.

Fund Affordable Housing: Develop a
permanent source of local funding to
produce deed-restricted affordable
housing.

Addresses the need for a permanent and
reliable funding source to construct deed
restricted affordable housing.

The City shall work with local agencies and
community stakeholders to create a
dedicated and permanent source of
funding for affordable housing projects.

CITY OF SANTA BARBARA

COUNCIL AGENDA REPORT
AGENDA DATE: May 17, 2022
TO: Mayor and Councilmembers
FROM: City Attorney’s Office
SUBJECT: Conference With City Attorney -- Existing Litigation – Gov. Code § 54956.9(d)(1)
RECOMMENDATION:

That Council hold a closed session to consider pending litigation pursuant to subsection (d)(1) of section 54956.9 of the Government Code and take appropriate action as needed.

The pending litigation is Linda Boicourt v. City of Santa Barbara, SBSC Case 19CV02344.

Scheduling: Duration, 15 minutes; anytime
Report: None anticipated
PREPARED BY: Ariel Calonne, City Attorney
SUBMITTED BY: Ariel Calonne, City Attorney
APPROVED BY: City Administrator's Office
Agenda Item No. 15
File Code No.

Santa Barbara City CouncilMay 17, 2022

Santa Barbara City Council
May 17, 2022