CITY OF SANTA BARBARA
CITY COUNCIL
Randy Rowse
Mayor
Meagan Harmon
Mayor Pro Tempore
Rebecca Bjork
City Administrator
Kristen W. Sneddon
Ordinance Committee Chair
Sarah J. Knecht
City Attorney
Eric Friedman
Finance Committee Chair
Alejandra Gutierrez
Oscar Gutierrez
Mike Jordan
City Hall
735 Anacapa Street
http://www.SantaBarbaraCA.gov
JANUARY 10, 2023, 2:00 PM
SPECIAL COUNCIL MEETING AGENDA
DAVID GEBHARD ROOM, 620 GARDEN ST., SANTA BARBARA, CA 93101 IN-PERSON PUBLIC COMMENT: At the beginning of each meeting of the City Council, Finance Committee, or Ordinance Committee, any member of the public may address the City Council concerning any item not on the Council's agenda. Any person wishing to make such address should first complete and deliver a "Request to Speak" form prior to the time that public comment is taken up by the City Council. Each speaker will be given a total of 3 minutes to address the Council. Pooling of time is not allowed during general public comment. The time allotted for general public comment at the beginning of the 2:00 p.m. session is 30 minutes.
Any member of the public who did not speak during the 2:00 p.m. session but who submitted a request to do so during the 2:00 p.m. 30 minute session may do so at the end of the meeting when the additional “Public Comment (If Necessary)” is announced. The City Council, upon majority vote, may decline to hear a speaker on the grounds that the subject matter is beyond their jurisdiction.
REMOTE PUBLIC COMMENT: Members of the public wishing to speak must “raise their hand” in the Zoom platform by selecting the virtual hand icon when their item is called. The keyboard shortcut for this is Alt+Y for Windows and Option+Y for Macs. City staff will activate the speaker’s microphone when the speaker’s name is called. The speaker will then need to unmute themselves. The keyboard shortcut for this is Alt+M for Windows or Command-Shift-A for Macs.
HOW TO REMOTELY OBSERVE AND/OR SPEAK LIVE AT A MEETING
Web: https://santabarbaraca-gov.zoom.us/webinar/register/WN_BElyN5HVR-6pOBwFk3RUsQ (Participation via Zoom)
Telephone: Dial 1-669-900-6833, Enter Webinar ID: 895 7542 0192 (press *9 to raise/lower hand; press *6 to mute/unmute) Online Streaming: Council meetings are streamed live at www.SantaBarbaraCA.gov/CAP TV: Each regular City Council meeting is broadcast live in English and Spanish on City TV Channel 18 and rebroadcast in English on Wednesdays and Thursdays at 7:00 p.m. and Saturdays at 8:00 a.m., and in Spanish on Sundays at 3:00 p.m.
Each televised Council meeting is closed captioned for the hearing impaired. Check the City TV program guide at www.santabarbaraca.gov/citytv for rebroadcasts of Finance and Ordinance Committee meetings.
WRITTEN PUBLIC COMMENT: Public comments may also be submitted via email to [email protected] prior to the beginning of the Council Meeting. All public comments submitted via email will be provided to City Council and will become part of the public record.
ORDER OF BUSINESS: Regular meetings of the Finance Committee and the Ordinance Committee begin at 12:30 p.m. The regular City Council meeting begins at 2:00 p.m. in the Council Chambers at City Hall.
REPORTS: Copies of the reports relating to agenda items are available for review at http://www.SantaBarbaraCA.gov/CAP.In accordance with state law requirements, this agenda generally contains only a brief general description of each item of business to be transacted or discussed at the meeting. Should you wish more detailed information regarding any particular agenda item, you are encouraged to obtain a copy of the Council Agenda Report (a "CAR") online at the City's website (http://www.SantaBarbaraCA.gov/CAP). Materials related to an item on this agenda submitted to the City Council after distribution of the agenda packet are posted to the City’s website as soon as reasonably feasible.
CONSENT CALENDAR: The Consent Calendar is comprised of items that will not usually require discussion by the City Council. A Consent Calendar item is open for discussion by the City Council upon request of a Councilmember, City staff, or member of the public. Items on the Consent Calendar may be approved by a single motion. Should you wish to comment on an item listed on the Consent Agenda, after turning in your "Request to Speak" form, you should come forward to speak or raise your hand in Zoom at the time the Council considers the Consent Calendar.
SPANISH INTERPRETATION: If you need interpretation of your communications to Council from Spanish into English, please contact the City Clerk’s Office at 564-5309 or by email at [email protected]. If possible, notification of at least 48 hours will usually enable the City to make arrangements.
INTERPRETACIÓN EN ESPAÑOL: Si necesita una interpretación del español al inglés, para sus comunicaciones al Consejo, comuníquese con la Oficina del Secretario Municipal al 564-5309, o por correo electrónico a [email protected]. Si es posible, la notificación de al menos 48 horas generalmente permitirá a la Ciudad hacer los arreglos.
AMERICANS WITH DISABILITIES ACT: If you need auxiliary aids or services or staff assistance to attend or participate in this meeting, please contact the City Administrator's Office at 564-5305 or by email at [email protected]. If possible, notification at least 48 hours prior to the meeting will usually enable the City to make reasonable arrangements. For those who need accessibility accommodation in using the “raise hand” function and/or registering to participate in the Zoom session, please contact the Clerk’s office by 5:00 p.m. the day before the meeting for assistance. Additionally, a speaker may email [email protected] by 5:00 p.m. the day before a meeting, stating which item they wish to speak on. Specialized services, such as sign language interpretation or documents in Braille, may require additional lead time to arrange. 01/10/2023 Santa Barbara City Council Final Agenda Page 1 JANUARY 10, 2023 2:00 P.M.
SPECIAL COUNCIL MEETING AGENDA
REGULAR CITY COUNCIL MEETING – 2:00 P.M.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
CEREMONIAL ITEMS
1. Subject: Human Trafficking Awareness Month - January 2023 (120.04)
2. Subject: Employee Recognition – Service Award Pins (120.04) Recommendation: That Council authorize the City Administrator to express the City’s appreciation to employees who are eligible to receive service award pins for their years of service through January 31, 2023.
CHANGES TO THE AGENDA
PUBLIC COMMENT
CONSENT CALENDAR
3. Subject: Minutes
Recommendation: That Council waive reading and approve the minutes of the regular meeting of December 13, 2022; and the special meetings of December 6, 2022; and December 13, 2022.
4. Subject: Establishment of a Standing Finance Committee [Ordinance Adoption]
Recommendation: That Council adopt, by reading of title only, an Ordinance of the Council of the City of Santa Barbara Amending the Santa Barbara Municipal Code to Add Chapter 2.06 to Establish a Standing Finance Committee and Rescind Resolution No. 94-130.
5. Subject: Ordinance Committee Process Revisions [Ordinance Adoption] (120.03)
01/10/2023 Santa Barbara City Council Final Agenda Page 2 Recommendation: That Council adopt, by reading of title only, an Ordinance of the Council of the City of Santa Barbara Amending Chapter 2.05 of the Municipal Code Pertaining to the Powers and Duties of the Ordinance Committee.
6. Subject: Grant Agreement in the Amount of $525,000 with the California State Coastal Conservancy for the City of Santa Barbara Hazardous Fuels Mitigation Project [Resolution, Agreement] (520.03)
Recommendation: That Council:
A. Adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Authorizing the Fire Chief to Enter into a Grant Agreement Between the City and the California State Coastal Conservancy for the City of Santa Barbara Hazardous Fuels Mitigation Project; and B. Adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Amending Resolution No. 22-059, Adopting the Budget for Fiscal Year 2023, to Appropriate California Coastal Conservancy Grant Funds for the Fiscal Year 2023 Hazardous Fuels Mitigation Project.
7. Subject: Allocation of Partial Payment for Destruction of Trees on Paterna Road [Resolution] (570.05)
Recommendation: That Council adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Amending Resolution No. 22-059, Adopting the Budget for Fiscal Year 2023, to Appropriate $200,000 from General Fund Reserves, and Approve an Increase of Revenue and Expenditure Appropriations in Fiscal Year 2023 in the Parks and Recreation Department, Parks Division, Forestry Program in the amount of $200,000.
8. Subject: Contracts for Construction of Fiscal Year 2022B Pavement Maintenance Project and Program Support [Resolution; Agreement] (530.04) Recommendation: That Council:
A. Ratify the determination that the Fiscal Year 2022B Pavement Maintenance Project is exempt from the California Environmental Quality Act Section §15301 (Repair and Maintenance of Existing Facilities) and approve the Project and the filing of a notice of exemption in compliance with State California Environmental Quality Act Section §15062;
B. Award a contract to Lash Construction, Inc., in their low bid amount of $10,754,120 for construction of the Fiscal Year 2022B Pavement Maintenance Project, Bid No. 4088, and authorize the Public Works Director to execute the contract and approve expenditures up to $1,075,412 to cover any cost increases that may result from contract change orders for extra work and differences between estimated bid quantities and actual quantities measured for payment;
01/10/2023 Santa Barbara City Council Final Agenda Page 3 C. Authorize the Public Works Director to execute a contract with Flowers & Associates, Inc., in the amount of $789,034 for construction support services, and approve expenditures of up to $78,903 for extra services that may result from necessary changes in the scope of work; D. Authorize the Public Works Director to execute a contract with Flowers & Associates, Inc., in the amount of $155,000 to perform limited professional engineering and construction support services to the City’s Streets Operations and Infrastructure Management Division relating to the Pavement Maintenance Program and approve expenditures of up to $15,500 for extra services that may result from necessary changes in the scope of work;
E. Authorize the Public Works Director to execute a contract with Nichols Consulting Engineers, CHTD in the amount of $59,380 to perform pavement inspection services, and approve expenditures of up to $5,938 for extra services that may result from necessary changes in the scope of work; and F. Adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Amending Resolution No. 22-059, Adopting the Budget for Fiscal Year 2023, to Appropriate 2023 Local Surface Transportation Program Grant Funds and City Funds for the Fiscal Year 2022B Pavement Maintenance Project and Program Support.
9. Subject: Authorization to Amend the Legal Services Agreement with Colantuono, Highsmith & Whatley, PC for Special Counsel Services [Agreement] (160.03)
Recommendation: That Council authorize the City Attorney to execute an amended legal services agreement with Colantuono, Highsmith & Whatley, PC, to increase the not-to-exceed amount from $100,000 to $250,000 for special counsel services related to the Boring case.
10. Subject: Third Contract Amendment with Stantec Consulting Services Inc for Permitting Support for the City’s Sediment Management Plan [Agreement] (530.03)
Recommendation: That Council authorize the Public Works Director to execute the Third Contract Amendment to City Professional Services Agreement No. 22100186 with Stantec Consulting Services Inc, formerly Cardno, Inc., in the amount of $31,415 to provide continued permitting support for the City of Santa Barbara’s Sediment Management Plan.
11. Subject: November 2022 Investment Report (260.02)
Recommendation: That Council accept the November 2022 Investment Report.
12. Subject: Fiscal Year 2023 Interim Financial Statements for the Five Months Ended November 30, 2022 (250.02)
01/10/2023 Santa Barbara City Council Final Agenda Page 4 Recommendation: That Council accept the Fiscal Year 2023 Interim Financial Statements for the five months ended November 30, 2022.
13. Subject: Set a Date for Public Hearing Regarding Parks and Recreation Commission's Denial of Tree Removal (570.08)
Recommendation: That Council:
A. Set the date of March 21, 2023, at 2:00 p.m., for hearing the appeal filed by Douglas Tucker of the Parks and Recreation Commission's denial of tree removal; and
B. Set the date of March 20, 2023, at 1:30 p.m., for a site visit to the property located at 3775 Modoc Road.
14. Subject: Set a Date for Public Hearing Regarding Single Family Design Board’s Project Design Approval and Final Approval for 229 Vista del Mar Dr (640.07)
Recommendation: That Council:
A. Set the date of March 7, 2023, at 2:00 p.m. for hearing the appeal filed by Julie Kayda, Jeff Harris and Norman Gardner of the Single Family Design Board’s Project Design Approval and Final Approval of a two-story 1,200 square foot detached Accessory Dwelling Unit (ADU), a 200 square foot covered deck, and a 200 square foot second floor deck, associated with an existing one-story 1,920 square foot single-unit residence with an attached 446 square foot garage, located in the Hillside Design District and NonAppealable Jurisdiction of the City’s Coastal Zone. The project also includes landscape screening. Staff Hearing Officer approval of a Coastal Development Permit was granted on March 23, 2022; and
B. Set the date of March 6, 2023, at 1:30 p.m. for a site visit to the property located at 229 Vista del Mar Dr.
15. Subject: Withdrawal of the Single Family Design Board Appeal for 691 N Hope Ave (640.07)
Recommendation: The public hearing originally scheduled for January 24, 2023, at 2:00 to hear an appeal of the Single Family Design Review Board's approval for 691 N Hope Ave has been cancelled due to the withdrawal of the appeal. A City Council site visit originally scheduled for January 23, 2023, at 1:30 p.m. to the property located at 691 N Hope Ave, has been cancelled due to the withdrawal of the appeal.
01/10/2023 Santa Barbara City Council Final Agenda Page 5 This concludes the Consent Calendar.
CITY COUNCIL ADMINISTRATIVE AND ATTORNEY REPORTS
CITY ADMINISTRATOR
16. Subject: Adoption of Resolution and Public Hearing Modifying the 2022 Management District Plan of the Santa Barbara South Coast Tourism Business Improvement District [Resolution] (180.02)
Recommendation: That Council:
A. Hold a final public hearing to modify the 2022 Santa Barbara South Coast Tourism Business Improvement Management District Plan and declare results of a majority protest proceeding; and
B. Adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Modifying the 2022 Santa Barbara South Coast Tourism Business Improvement Management District Plan.
COMMUNITY DEVELOPMENT DEPARTMENT
17. Subject: Zoning Ordinance Amendments for Accessory Dwelling Units [Ordinance Introduction] (660.04)
Recommendation: That Council:
A. Introduce and subsequently adopt, by reading of title only, an Ordinance of the Council of the City of Santa Barbara Amending the Santa Barbara Municipal Code by Amending Section 30.185.040, Pertaining to Regulations for Accessory Dwelling Units; and
B. Introduce and subsequently adopt, by reading of title only, an Ordinance of the Council of the City of Santa Barbara Amending the Santa Barbara Municipal Code by Amending Chapter 28.86, Pertaining to Regulations for Accessory Dwelling Units.
PUBLIC WORKS DEPARTMENT
18. Subject: Proposed State Street Outdoor Business Facility Charge (530.01) Recommendation: That Council consider and provide final direction to City staff to establish a schedule for Outdoor Business Facility Charges for use of the public right-of-way on the State Street Promenade, including the 400 and 1300 blocks of State Street, and return to Council for adoption of a resolution setting the Outdoor Business Facility Charges as recommended.
01/10/2023 Santa Barbara City Council Final Agenda Page 6
COUNCIL AND STAFF COMMUNICATIONS
COUNCILMEMBER COMMITTEE ASSIGNMENT REPORTS
PUBLIC COMMENT (IF NECESSARY)
CLOSED SESSIONS
19. Subject: Conference with City Attorney – Existing Litigation – Gov. Code §54956.9(d)(1) (160.03)
Recommendation: That Council hold a closed session to consider pending litigation pursuant to subsection (d)(1) of section 54956.9 of the Government Code and take appropriate action as needed.
The pending litigation is Hector Balboa v. City of Santa Barbara WCAB Case Nos.:
ADJ5804924, ADJ Unassigned, ADJ Unassigned.
Scheduling: Duration 15 mins; anytime
Report: None anticipated
20. Subject: Conference with City Attorney – Existing Litigation – Gov. Code §54956.9(d)(1) (160.03)
Recommendation: That Council hold a closed session to consider pending litigation pursuant to subsection (d)(1) of section 54956.9 of the Government Code and take appropriate action as needed.
The pending litigation is Fernando Arroyo v. City of Santa Barbara WCAB Case Nos.: ADJ12472590, ADJ10271755, ADJ12472581, ADJ13019569.
Scheduling: Duration 15 mins; anytime
Report: None anticipated
ADJOURNMENT